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Home My WebLink AboutLand Use Case.411 S Monarch St.0012.2008.ASLU- 411 S. Monarch pu amend 273718219002 0012.2008 .1 #-- /6/LEAL//1 7 . 36/1714l7 81~3 944 /7 . t, ED u o le - < A 1 9 I FT * 73 1 0 + --4 ~ + ~ F 7 ~ 1 I 1 .1 --- 9.- i: 1. 1 .1 1 , -97 1 1 'fbi -1 I i . i 4, T 1 -7-1 1 31 7 1 / '' | ..' & /4 r // : .1 Nli,1,11:...f 1 11 IIi - -1--* .r 1 1 1 1 11 DANCING BEAR - PARKSIDE KITCHEN / RESTAURANT SOUTH ELEVATION EXPANDED TEAR ROUND BEATING SCALE: 3/16" = 1'-0 External Media Located Here M-004150 ~ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0012.2008.ASLU PARCEL ID NUMBER 2737 182 19 002 PROJECTS ADDRESS 411 S. MONARCH ST PLANNER ERRIN EVANS CASE DESCRIPTION PUDAMENDMENT REPRESENTATIVE TOM GILCHRIST, DAVID BROWN DATE OF FINAL ACTION 06/23/2008 CLOSED BY Angela Scorey 1 . DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date o f this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Dancing Bear Land, LLC, 210 North Mill Street. Aspen, Colorado, 81611 Property Owner's Name, Mailing Address and telephone number Lots P, O. R, & S, Block 77, City and Townsite of Aspen, Colorado, more commonly known as 411 S. Monarch Street Legal Description and Street Address of Subject Property The Applicant received approval to enclose two, covered outdoor seating areas with glass materials that have the capacity to open with an Insubstantial PUD Amendment, Growth Management Review and Commercial Design Review subject to the approved conditions. See attached site plan. Written Description of the Site Specific Plan and/or Attachment Describing Plan Grant of a an approval of an Insubstantial Amendment, Growth Management Review and Commercial Design Review by the Planning and Zoning Commission and associated approvals via Resolution No. 22, Series of 2008. July 15,2008. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 27,2008 Effective Date of Development Order (Same as date of publication of notice of approval.) July 27,2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 1 st day of August, 2008, by the City of Aspen Community Deve~pmen~ Director. D~iN\Â» Chrfs Bendon, Community Development Director RECEPTION#: 551560, 08/01/2008 at 10:23:20 AM, 1 OF 5, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION No. 22 (SERIES OF 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING A REQUEST FOR A GROWTH 1MANAGEMENT QUOTA SYSTEM REVIEW, INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT, AND COMMERCIAL DESIGN REVIEW FOR THE PURPOSE OF ENCLOSING TWO OUTDOOR SEATING AREAS OF THE DANCING BEAR LODGE LOCATED AT 411 SOUTH MONARCH STREET, LEGALLY KNOWN AS LOTS P, Q, R AND S, BLOCK 77, CITY AND TOWNSITE OF ASPEN Parcel Identification Number 2737-182-19-002 WHEREAS, Eben P. Clark of Klein, Cot6 and Edwards, LLC located at 201 North Mill Street, Suite 203, Aspen, Colorado on behalf ofDancing Bear Land, LLC, 210 North Mill Street, Aspen, Colorado, submitted a request for Growth Management Quota System Review, an Insubstantial Planned Unit Development Amendment and Commercial Design Review dated February 15,2008 to the Planning and Zoning Commission; and WIIEREAS, the subject property is located at 411 S. Monarch Street, Aspen, the parcel is identified as parcel number 273718219002, and the legal description of the property is: THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8,2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO. 498443, IN THE RECORDS OF THE CLERK AND RECORDER, COUNTY OF PITKIN, STATE OF COLORADO and also known as Lots P, Q, R and S, Block 77, City and Townsite of Aspen, County of Pitkin, State ofColorado ("Property"); and WHEREAS, the Planned Unit Development approval for the Property was originally approved by the Aspen City Council in 2003 in Ordinance No. 29 Series of 2003, and the Dancing Bear Lodge Final PUD Plan and Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69 Page 80, Reception No. 498443 (the "PUD"); and WHEREAS, the current request is to receive approval for Growth Management Quota System Review allotments, an Insubstantial Planned Unit Development amendment, and Commercial Design Review to amend the PUD to permit the enclosure of 386 square feet of outdoor seating to create indoor seating, therefore increasing the net leasable commercial area; and 1 WHEREAS, the Planning and Zoning Commission reviewed and considered the application for Growth Management Quota System Review pursuant to Code section 26.470.080 (Major Planning and Zoning Commission Applications), an Insubstantial Planned Unit Development Amendment pursuant to Code section 26.445.100 (A) (PUD Insubstantial Amendments), and Commercial Design Review pursuant to Code section 26.412.040 (Review Procedures) under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on July 15, 2008; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, WHEREAS, a change order to the Building Permit application will be required; and, WHEREAS, the City of 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 11 ANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO IN REGULAR MEETING ASSEMBLED, THAT: Section 1: The Planning and Zoning Commission makes the following findings of fact: 1. A request for Growth Management Quota System Review, a Planned Unit Development amendment, and Commercial Design Review application was initiated by: Eben P. Clark of Klein, Cotd and Edwards, LLC located at 201 North Mill Street, Suite 203, Aspen, Colorado on behalf of Dancing Bear Lodge, 210 North Mill Street, Aspen, Colorado. 2. Notice of the proposed Growth Management Quota System Review, Planned Unit Development amendment, and Commercial Design Review has been provided to surrounding property owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. Section 2: 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Growth Management Quota System Review for new commercial development under Major Planning and Zoning Commission Applications, Insubstantial Planned Unit Development amendment as requested, and Commercial Design Review application request for the Property. The approval granted herein is conditioned on the following: 1, The applicant shall meet all of the conditions of Ordinance No. 29. of Series 2003; however the applicant has approval to develop an additional 386 square feet of net leasable area by enclosing some outdoor seating as shown in Exhibit A; and 2. The walls enclosing the seating areas shall be constructed with transparent glass materials, have the capability to be opened and have the capability to permit passage to the patio on the south side of the building. 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 ofcompetentjurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: All material representations and commitments made by the Applicant pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. INTRODUCED, READ AND ADOPTED by the Planning and Zoning Commissi~ of the City ofAspen on the 15th day of Julv 2008, 9 , (13'Elspamer] Chairperson Attest: U Â».LA-Uj ~ackie Lothian, Deputy City Clerk APPROVED AS TO FORM ~es R. True, Special Counsel List of Exhibits Exhibit A - Approved Exterior Elevations and permitted area to be enclosed. 3 1 11 11 1 1 , 1 . 1 1. '1.. 1 i i ~<ai (L> 1-27 ~ ~ ' ~~ Â®11 ~~:1-, -it 0 1 1 th: , a 1 1 1 1 :1 ' i i! 1 ' 1 . ~ :1 1 1 2 1 ~ 1 ...1 3 F ...1 7.11 1 E Â·--/5.1 - I ~â„¢~=Â«! ~(~ i ' 1 1~-f:-f---.I!: 122-;Ti~t i- -flk-7 -1-2,1~ r:. ; 1 1 1... -1 1 --- rÂ·Â· T. 7Â·Â·Â· -2.72- 2. lan-~77' 1 '- ' ' - - . t . - kve 1 /H/-"-7 1 -,--&'-/--- ~ ------.1 :. 4 /~ I. -4-- = C -- - '12- ---4Â·r-, ---- 1 31 N '1 ili :L. 1 2: 11 1-9 - 1 1 1 ' -4,# #â€¢ Dr. _ 1 1 1 1 1 1 1 1 1 1 1 1 DANCING BEAR - PARKSIDE KITCNEN / RESTAURANT EAST ELEVATION EXPANDED 'rEAR ROUND SEATING SCALE: 3/16" = 1'-0" EXH. t â‚¬ 1.1.- A j .19 _1__---1-I-4- ?=---..=-'-mi-~-,_------ , .PÂ·t- Â· Â·4--~f-Trf'."t. i i. 1 T . i.rtl-'--i ---i----- f 1 ~1-1 - 4, 1 1 i 1--Â· 6 L7'lÂ· -1'Fil,~| '' iÂ·.2~1-Â·- L t' :,1-~-1 1 11941I,' 35'l--1.- ~. --pE. . 11 , .1 , 11 1 -=71-: ---17':1 . - ~........ 1 ' 1 IT --1 ~- i .0 / 3. i ' --1--1. , -i'-----,1 1 .220=24 i. - i -15 ~ f--2-- 1 tf--/ _ ~-I-- --- i / 1 7.- Ifi L . / 111 N im: Ir 9 . ' 7 -16 lit /11 I Â· -i, 1 " /11 1 -- -I'll 1 1 1 11 11 ---- 1 1 1 w 1 1 1 =-41 - DANCING BEAR - PARKSIDE KITCHEN / RESTAURANT SOUTH ELEvATION EXPANDED rEAR ROUND SEATING SCALE: 3/le = 1'-0" Â£E AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4 (1 S . Hon,unk . DcLA (LAh Ar-r , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, y~Â·Â·vÂ»j~ Sec>f -t'j (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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: 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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 4124 1-7 The foregoing "Affidavit of Notice" was acknowledged before me this 28 day of 2--pt~ , 200-5, by AY,09:,1,â‚¬401 Sc 049 PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL Of I A DEVELOPMENT APPROVAL Notice is hereby given to the general public of the Mycommission expires: (Fd \0 [ 304 D approval of a site specific development plan, and the creation of a vested propery right pursuant to 4 the Land Use Code of the City of Aspen and Title 24, Article 68 Colorado Revised Statutes, pertain ing to the following described property: 411 S. 2~Â£ i i '\*r c 051Â¢ c 44... Monarch, Dancing Bear Lodge also known as Lots P, Q, R and S, Block 77, City and Townsite of As pen, Colorado, 81611, by order of the Planning and No-tary Public O Zoning Commission on June 3,2008. The Appli cant received approval of a Growth Management Quota System allocation for the increase of 386 square feet of net leasable space; Insubstantial -Â·, Â·-.Xrr.. PUD Amendment, and Commercial Design Re view to increase the seating area in the restaurant 253?29Â§k space by enclosing two covered outdoor seating ATTACHMENTS: areas. The approval is only permitted for the sub e.... ..:El:O mitted elevation plan. For further information contact Errin Evans, at the City of Aspen Community Development Dept. 130 f LAURA i S. Galena St, Aspen, Colorado (970) 429-2745. COPY OF THE PUBLICATION 1 MEYER ~ s/ City of Aspen Published in the Aspen Times Weekly on July 27, ..e 2008.(1919328) 4458.....ely My Commissia Expires 08110/2010 U Ded to beneficiaFuse. The Wagner Park Well will be loc ~ leticial use in selected businesses and residences and eli Numbe[4 a. Name of well and permit, reaistration 01 3cessary, a geothermal well permit application will be 5-101 et seq. and 2 CCR 402-10, in addlion to any othâ‚¬ 7 will be located approximately 658 feet east and 1,548 fe and 7, and Township 10 South, Range 85 West, Sectic as for this well are as follows: Northing 4338861 meters, tibit A hereto. c. SQurce: Geothermal aqulfer, tributary to Brature Estimated to be 70Â°10120Â° f. Pateof initial app icil decision to sponsor CORE (Community Office for F ind government entities, such as Aspen, to improve ene, let initial investigations of feasibility of geothermal enerc d: 5,000 gpm conditional j. Uses or proposed uses: Mui )duction to heat buildings, residences and sidewalks. approximately 231 billion BTU per year. Much or all of 1 iugh heat exchange with the bedrock ground-water s ar or both withdrawal or reinjection purposes. k. flame a high water is or will be used. or upon which water is or wi wned by the City of Aspen. The water will be placed to b or near the City of Aspen limits. 5. Aspen Geothermal en Geothermal Well Number 5 CHerron Park Well"); if r 'Engineers Off,ce in accordance with C.R.S. Â§ 37-90.5 that may be required. b. Legal_*EggiiQB: Herron PE m the comer of Township 10 South, Range 84 West, d 13, of the 6' P.M. in Pitkin County, Colorado. The l AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 411 9 . f-to aa-*C,1 St< e_Or , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -(-1458a..11 JljN 6 I 71 â‚¬ 4%30 0/vI , 10025 STATE OF COLORADO ) ) SS. County of Pitkin ) I, 76'19 el* Sc/6-11 (name, please print) being or representing an Applicant to the City o f 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: ~ 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. Posting ofnotice: 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 of letters 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 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 all owners of 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 o-wners and governmental agencies so noticed is attached hereto. (continued on next page) Â· W U Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. 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 regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description o f, and the notice to and listing o f names and addresses o f owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. -04 -2 5-1 Signatlire The foregoing "Affidavit of Notice" was acknowledged before me this .2 day of -74/VE , 200Â£ by A-N SELA 50-8222.7 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Cfid'.10/3O1D L j Â» 11Ack- j' . u."3~-- '- Notary Public -cm..Ss/.rk ~ 25#fORY PEA,k el... f' LAURA i MEYER ATTACHMENTS AS APPLICABLE: S.... . â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) Mv Commission Â»es 08/10/2010 â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE RE: 411 S, N.Â¢DNARCH STREET, INSUBSTAN TIAL PUD AMENDMENT, GROWTH MANAGEÂ· MENT QUOTA SYSTEM REVIEW, AND COMÂ· MERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 17, 2008, at B meeting to begin at 4:30 p.m. before the Asper Planning and Zoning Commission, in the Sistei Cities Meeting Room, City Hall, 130 S. Galen: St., Aspen, to consider an application submitted 4 Eben P. Clark of Klein, Cote & Edwards, LLC, 20 North Mill Street, Aspen, CO, 81611 on behalf o Dancing Bear Land LLC, 210 North Mill Street Suite 203, Aspen, CO, 81611 who are the owneri of the subject properly. The applicants are propos ing to enclose two areas that were originally desig nated for outdoor seating in a building that is cur rently under construction. The applicant id requesting the following development approvals Growth Management Quota System allocation to the increase of 386 square teet of net leasabli space: Insubstantial Pl JD Amprdmnnt and Orm mercial Design Review. The properties are legally described as Lots P, Q, R and S, Block 77. City and Townsite of Aspen, Colorado, 81611. For further Information, contact Errm Evans at *4 City of Aspen Community Development DepartÂ· ment, 130 S. Galena St., Aspen, CO, (970 42942745, errine@ci.aspen.co. us. s/LJ Erspamer, Chai Aspen Planning and Zoning Commissior Published in the Aspen Times Weekly on June 1 2008. (1611628) ----~ tax backup is recommended, however.) 'repayment required, or nor credit approval required. =redit cards accepted. eLIDAYS will advance deadlines ispecially Monday holidays - ilease call for details Mease contact us tor information. 370-925-3414, ext 1 7712 - becca. egals@aspentimes.com 970-925-6240 (fax) 1373136) PUBLIC NOTICE COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM o whom it may concern: This Notice is given with gard to the following described Deed of Trust: ublic Trustee's Foreclosure Sale No. 08-08 was immenced on February 28,08 in the office of the ndersigned Publâ€¢c Trustee relating to the Deed of rust described below: nita M. Bones: Onginal Grantor(s) lortgage Electronic Registration Systems, Inc. as ominee for Countrywide Home Loans. Inc. dba iginaL,Benfi ICTION >al Code of The City of Aspen, and under the edtion 42-4-1103 as amended, a public auction of i hirvr:lic: will ho holrl nn Riti irrtiv .1, ina 7 :Ang AHEIAÂ¥-09-008-L uo!*nilsu!,P Well,efilelp ep Sues Â®0915 Â®A33AV weqe6 81 zesÂ®n WO)*.leAe'MAAM alline, el zaunsuc v jeled ? sal!]e, seuenb!13 ASPEN KABINN LLC ALYEMENI MOHAMMED & ALICE BENNIE THOMAS E ~ C/O NIKE COMM/NINA KAMINER EXHIBIT 3109 OAKMONT DR PO BOX 9884 75 BROAD ST RM 500 STATESVILLE, NC 28625 ASPEN, CO 81612 1 NEW YORK, NY 10004-2415 H BERHORSTJERRY BLUE LLOYD JR BOGIN ROBERT M BERHORST CAROLE PLEAS ALEXA 4280 S MEADOW BROOK LN 7161 LINDENMERE DR PO BOX 1569 EVERGREEN, CO 80439 BLOOMFIELD HILLS, MI 48301 GRAYTON BEACH, FL 32459 BRAYMAN WALTER W & PATRICIA BRIGHT GALEN BRIGHT GALEN 844 ROCKWELL LN 205 E DURANT AVE #3D 407 S HUNTER ST #3 KANSAS CITY, MO 64112-2363 ASPEN, CO 81611 ASPEN, CO 81611 BROWNELL LORRAINE B CALKINS GEORGE W CALLAHAN PATRICIA 1030 SECOND ST 105 S CHEROKEE 0184 MOUNTAIN LAUREL DR MORGAN CITY, LA 70380 DENVER, CO 80223-1834 ASPEN, CO 81611 CARRIGAN RICHARD A JR CAUSING JENNIFER M CHAPLIN ARLENE & WAYNE 2S526 WILLIAMS RD PO BOX 10343 54 LAGORCE CIR WARRENVILLE, IL 60555 ASPEN, CO 81612 MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT CHRISPAT ASPEN LLC CHRISTENSEN EUGENE J LU NANCY CHAO TRUST 1/3 INT 1107 5TH AVE PO BOX 10061 38 CORMORANT CIR NEW YORK, NY 10128 ASPEN, CO 81612 NEWPORT BEACH, CA 92660 CLAUSEN FAMILY TRUST NO 1 CITY OF ASPEN COHN PETER L C/O GUNDY MGMT CO 130 S GALENA ST 1601 S CENTRAL AVE PO BOX 47 ASPEN, CO 81611 GLENDALE, CA 91204 MORRIS, IL 60450 CROSBY CHRISTINE ANN DANCING BEAR LAND LLC DOLLE NORMA 1050 E WATERS AVE #15 210 N MILL ST #203 124 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DONCER JOYCE TRUST ELLIS DIANA L ROQUE TRUSTEE EVANS DAVID COURTNEY 7641 W 123RD PL 13320 MULHOLLAND DR PO BOX 952 PALOS HEIGHTS, IL 60463 BEVERLY HILLS, CA 90210 ASPEN, CO 81612 FAULKNER JOHN L FELDMAN SELMA FOX THOMAS H 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 119 E COOPER AVE ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81611 T EVI=3 Tainjeed lead Ase3 10# Jaded Paa:IT W Â®09 LS 31VldIAI31 (200'eAV asfI 1 Â®09,5Â®AllaAV~~ I laell< UOIDnllSUI eaq . 1 1Ar Slaae, laa.1 /[gel SI AMBAV-09-008-L uo!1)ni:su!,P lueutefiielp ep sues Â®09LS Â®AllaAV Wecle6 el zesil! in WO)*leAe'MMAA ell!ne, el ze:Insuc v ialed ? salpe, sauenb!13 ~REIRICH MARK A FUQUA ALVAH D JR & DIANNE L FYRWALD JON ERIK & GUDRUN L PO BOX 774056 446 LAKE SHORE DR 4348 PLUMWOOD DR STEAMBOAT SPRINGS, CO 80477 SUNSET BEACH, NC 28468 WEST DES MOINES, IA 50265 GEORGIEFF KATHERINE TRUSTEE OF GOLDSMITH ADAM D GLICKMAN EDWIN C THE SMITH RONA K 2322 LAZY O RD KATHERINE GEORGIEFF REVOCABLE PO BOX 9069 SNOWMASS, CO 81654 LIVING TRS ASPEN, CO 81612 #11 TOPPING LN ST LOUIS, MO 63131 GREINER JERRY M GROOS NICHOLAS D GUBSER NICHOLAS J GREINER TERESA U 210 N INDUSTRIAL PARK RD PO BOX 870 330 BICKLEY RD HASTINGS, MI 49058 ASPEN, CO 81612 GLENSIDE, PA 19038 GUNION JOHN F GUTNER KENNETH H REV TRUST HATCHER HUGH S 1004 MARINA CIR PO BOX 11001 205 E DURANT AVE APT 2E DAVIS, CA 95616 ASPEN, CO 81612 ASPEN, CO 81611 HERRON SANDRA A HOLLY TREE INVESTMENTS LLC HORTON KAREN JANE TRUST 119 E COOPER AVE APT 19 4823 HOLLY TREE DR 588 S PONTIAC WAY ASPEN, CO 81611-1761 DALLAS, TX 75287 DENVER, CO 80224 HOSKIN REEDE HOTEL DURANT IAVARONE GIANFRANCO & RITA PO BOX 2478 122 E DURANT 341 ORIENTA AVE BASALT, CO 81621-2478 ASPEN, CO 81611 MAMORONECK, NY 10543 ICAHN LIBA IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE PO BOX 11137 2409 GREEN ST 219 E LAKE SHORE DR #5D ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 J&E HANSEN LLC JACOBSON FAMILY TRUST KAPLAN BARBARA C/O EDWARD HANSEN 2168 SANTA MARGARITA DR 3076 EDGEWOOD RD 255 SEASPRAY AVE FALLBROOK, CA 92028 PEPPER PIKE, OH 44124 PALM BEACH, FL 33480 KAUFMAN STEVEN B TRUST KEBER VINCENT M 111 KEITH JOHN 111 C/O VIRGINIA HARLOW 1301 WAZEE #2E 300 PUPPY SMITH ST #203-230 0554 ESCALANTE DENVER, CO 80204 ASPEN, CO 81611 CARBONDALE, CO 81623-8770 KINGSBURY FAMILY TRUST KULLGREN NANCY A LACY ROANE M JR PO BOX 198 205 E DURANT AVE UNIT 2-C PO BOX 367 HOLDERNESS, NH 03245 ASPEN, CO 81611 WACO, TX 76703-0367 T 1,273 Tainieed lead Asea 106 Jacled pee:IT @Ojl Â®O9L5 31VldV\Ial Â®410Av esn 1 Â®09,9Â®AkIEAV~ I leaU~ UOID,111SUI eaci . 1 1=79*1 giarle, tall ~spo 1,2 AMBAV-09-008-L uo!.jin'llsu!,P Jualuelilelp ap sues Â®09 LS Â®AM)Av Weqefi el zes! lijn WO)*.leAe'AAMM al'!ne# el zelinsu v Aeled ? sal!,e, sauenb!19 -ARRABEE DONALD C JR LEATHERMAN ROBERT D LEVY HELEN JOAN TRUST 411 LAKEWOOD CIR #All0 PO BOX 11930 421 WARWICK RD COLORADO SPRINGS, CO 80910 ASPEN, CO 81612 KENILWORTH, IL 60043-1145 LIMELITE REDEVELOPMENT LLC LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% C/O GENERAL MANAGEMENT 131 E DURANT AVE 24 LINDENWOOD LN 1201 GALAPAGO ST #101 ASPEN, CO 81611 LITTLETON, CO 80127 DENVER, CO 80204 LORING PETER & ELIZABETH S MACDONALD KENNETH HUGH REV LOCHHEAD RAYMOND R & EMILIE M LORING WOLCOTT & COOLIDGE OFFICE TRUST 200 SHERWOOD RD 230 CONGRESS ST 44 W HANNUM PASO ROBLES, CA 93446 BOSTON, MA 02110 SAGINAW, MI 48602 MARCUS ANN H MAGES LAWRENCE M & MARY K 84% MARK KENNETH A C/O S MARCUS 216 LINDEN AVE 200 PANTIGO RD 117 N MONARCH ST #01 WILMETTE, IL 60091 EAST HAMPTON, NY 11937 ASPEN, CO 81611 MCCONNELL THOMAS W & KAY L MCKENZIE BART B & PAIGE PARAVANO MESSNER CHRISTIAN 3814 OAKHILLS 4840 30TH ST NORTH 3111 BEL AIR DR APT 202 BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 LAS VEGAS, NV 89109 MULKEY DAVID A DR MILLER R GREG MOUNTAIN CHALET ENTERPRISES INC TRUSTEE PO BOX 4577 333 E DURANT AVE 2860 AUGUSTA DR ASPEN, CO 81612 ASPEN, CO 81611 LAS VEGAS, NV 89109 NELSON ARLENE NEWMAN KERRY J & RICKI R ONEAL PROPERTIES LLC 119 E COOPER ST #6 617 PRINCE DR 8100 E CAMELBACK RD #31 ASPEN, CO 81611 NEWBURGH, IN 47630 SCOTTSDALE, AZ 85251-2773 PASCO PROP LLC PHILLIPS B R PAY ERIC GEOFFREY SMITH PATRICK A 119 E COOPER AVE APT 12 311 S ASPEN ST #1 360 SOUTHFIELD RD ASPEN, CO 81611-1772 ASPEN, CO 81611 BIRMINGHAM, MI 48009 PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC PINES LODGE DEVELOPMENT LLC PO BOX 2492 152 E DURANT AVE 2353 IRVINE AVE ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 PITNER N KATHRYN POPKIN PHILIP G PRASAD REV TRUST PO BOX 11930 PO BOX 7956 3776 W 3700 N ASPEN, CO 81612 ASPEN, CO 81612 DARLINGTON, ID 83255 Teinjeed lead AseE' 104 Aaded Pae:IT EgE Â®0915 31Vldl/\I31 Â®41@Av esn I Â®0915Â®AMBAV\~ , leaUC UOID,1115Ut aaC - 1 1 -M-11 <imn.1 lam-1 Acmâ€¢ PE AMBAV-09-008-L uo!Â©n#su!,P lueluefuelp ap sues Â®0915 Â®AMBIAV Weqe6 el zes!1!jn UIO)*.leAe'AAMM elline, el zazinsu v ialed ? sal!,e, sauenb!13 mODINGER IRMA PURVIS ROBERT K & CAROLYN K RINGSBY GRAY PO BOX 1245 PO BOX 3089 PO BOX 1292 ASPEN, CO 81612 ASPEN, CO 81612 HAIKU, HI 96708 ROARING FORK PROPERTIES ROBLES ENRIQUE ALVAREZ ROSSI ELAYNE R C/O HOWARD A WILL JR ALVAREZ CRISTINA 700 UTE AVE #710 5055 26TH AVE MONTES URALES 350 ASPEN, CO 81611 ROCKFORD, IL 61109 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUMSEY DANIEL W SCHAPIRO MARC & PATRICIA SCHAYER CHARLES M 111 13700 MARINA POINTE DR #512 1685 TAMARAC DR 588 S PONTIAC WAY MARINA DL REY, CA 90292-9259 GOLDEN, CO 80401 DENVER, CO 80224 SCHUMACHER JUDY M SCULL JAMES E SHAW ROBERT W 0115 GLEN EAGLES DR PO BOX 2051 5208 A PERSHING AVE ASPEN, CO 81611 ASPEN, CO 81612 FORT WORTH, TX 76107 SHEFFER BARBARA & DOUGLAS SHENNAN MELISSA A SILVERMAN MARC A & MARILYN L PO BOX 250 822 LANE LORRAINE 937 DALE RD ASPEN, CO 81612 LAKE FOREST, IL 60045-1643 MEADOWBROOK, PA 19046 SLT ASPEN DEAN STREET LLC SKY BLUE LLC 27.60% SOUTH POINT CONDO LLC C/O EPROPERTY TAX DEPT 206 5743 CORSA AVE # 101 150 N MARKET PO BOX 4900 WESTLAKE VILLAGE, CA 91362 WICHITA, KS 67202 SCOTTSDALE, AZ 85261-4900 SOUTH POINT CONDOMINIUM SPAULDING RICHARD W SOUTHPOINT-SUMNER CORP ASSOCIATION THOMPSON ELEANOR M 4828 FORT SUMNER DR 205 E DURANT AVE #2F PO BOX 278 BETHESDA, MD 20816 ASPEN, CO 81611 CONCORD, MA 01742-0278 STARWOOD VACATION OWNERSHIP STAPLETON DAVID W STARK RENEE A C/O JOAN LAND ACCT MGR 206 E DEAN ST #2A 205 E DURANT AVE APT 1D 9002 SAN MARCO CT ASPEN, CO 81611 ASPEN, CO 81611-3813 ORLANDO, FL 32819 STEINER DONALD R STITT ELIZABETH WILES IRREV TRUST SULLIVAN JOHN B TRUST BUCKHEAD GRAND 1450 SILVERKING DR 1300 E REUSCH RD 3338 PEACHTREE RD #3307 ASPEN, CO 81611 ELIZABETH, IL 61028 ATLANTA, GA 30326 TAROCH HOLDINGS LTD THALBERG KATHERINE SZYMANSKI WILLIAM R & LYNNE E C/O PATRICK D MCALLISTER PC C/O BROOKE ANDERSON 2220 E SILVER PALM RD 315 E HYMAN AVE #305 3131 CONNECTICUT AVE NW #2801 BOCA RATON, FL 33432 ASPEN, CO 81611-2909 WASHINGTON, DC 20008 P Talmead ped &583 10# Jaded Pee:IT LEE] Â®091.5 31VldIAI31 Â®kieAV esn ~ Â®09LSÂ®,UIBAV~ , leal,S UOIDnilsul eaq . 1 1."4,3 c,Ar,0., ian-, ACD=. AMBAV-09-008- L u O!Unk ;su!, p lueutatimqi ap sues Â®0915 Â®AMEIAV Weqe6 el zes!1!;n Ulo)'AleAe'AAMAA elline, el ze,insu V ieled ? salpe# seuenb!13 TOWNE PLACE OF ASPEN CONDO THREE REEDS LLC TYDEN FAMILY FARMS PTNP ASSOC INC 2224 VIA SEVILLE RD NW 1730 IROQUOIS TR CO ASPEN LODGING COMPANY ALBUQUERQUE, NM 87104-3096 HASTINGS, MI 49058 747 S GALENA ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & LIDIA M VENTER HENDRIK JOHANNES BEVERLYJ 2000 E 12TH AVE BOX 8 PO BOX 11979 PO BOX 189 DENVER, CO 80206 ASPEN, CO 81612 LONE PINE, CA 93545 WHITE JALEH WEINGLASS LEONARD WICHMANN VICTORIA THICKMAN DAVID PO BOX 11509 BOX 4388 ASPEN, CO 81612 ASPEN, CO 81612 152 E DURANT AVE ASPEN, CO 81611-1737 WITEK ROBERT J & RONA R WOODING MERRITT B WOODSON TATJANA REV TRUST 225 S MONARCH #G103 PO BOX 339 PO BOX 125 ASPEN, CO 81611 HOPE, NJ 07844 TETON VILLAGE, WY 83025 WOW LIFT ONE LLC WUGALTER JOEL C/O WARSTLER ROBERT T 716 BISHOPS LODGE RD 3225 ELK CANYON CIR SANTE FE, NM 87501-1127 SEDALIA, CO 80135-8573 T @73 Tainieed Iaed Ase, Ao, 1 Â®09,5Â®Al'BAV~ Aeded Pee'T &75~ Â®09LS 31VldIN31 exÂ·leAV asn "f L . . .- -*- ~ . -- - - - slaae, lee,I Isel :2~lt,[Fr~]lk;inrniENI>~~~21# AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 441 S Morech St . , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 72 esWag J 'Aly /5 th , 2008 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, bonnik Aid+ujou (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: v/' 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. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waferproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one ii,ch in height. Said notice was posted at least fifteen (15) d-~sprior to the public hearing and was continuously visible from th~ft_ day of < 3,111 ,; , 200Â© , to and including the date and time of the public hearing. Aphotograph of the posted notice (sign) is attached hereto. Mailing ofnotice. 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 all owners of 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) U J Mineral Estate Owner Notice. By Uie certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. 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 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature 0 The *ggoing "Affidavit ofNotice" was a*nowledged before me this diday of *jul,Â£ , 200_S by t)(NUL(' 1-1. M 11Â£3 t,u/ q WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Ofelia . bid 460,4A Notary Public . -. ATTACHMENTS AS APPLICABLE: C- â€¢ â€¢ COPY OF THE PUBLICATION ', C â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTALAGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE , RE+ 411 S. MONARCH STREET, INSUBSTAN- TIAL PUD AMENDMENT, GROWTH MANAGE- MENT QUOTA SYSTEM REVIEW, AÂ¥D COM- MERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN thal a public hearing will be held on Tuesday, July 15, 2008, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities Meeting Room, City Hall, 130 S. Galena St.. Aspen, to consider an application submitted by Eben P. Clark of Klein, Cote & Edwards, LLC, 201 North Mill Street, Aspen, CO, 81611 on behalf of Dancing Bear Land LLC, 210 North Mill Street, Suite 203, Aspen, CO, 81611 who are the owners of the subject property. The applicants are propos- ing to enclose two areas that were originally desig- nated for outdoor seating in a building that is cur- rently under construction. The applicant is requesting the following development approvalsÂ· Growth Management Quota System allocation for the increase of 386 square feet of net leasable space: Insubstantial PUD Amendment, and Com- mercial Design Review. The properties are legally described as Lots P, Q, R and S, Block 77, City and Townsite of Aspen, Colorado, 81611. For further information, contact Errin Evans at the City of Aspen Community Development Depart- ment, 130 S. Galena St., Aspen, CO, (970) 429.2745, errine @ci.aspen.co.us. s/LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on June 29, 2008.(1768670) :ontinued. A Written notice ot intention to redeem iled pursuant to Section 38-38-302 shall be filed vith the officer no later than 8 business days after he sale. HE LIE~ OF THE DEED OF TRUST BEING :ORECLOSED MAY NOT BE A FIRST LIEN. he name, address and telephone number of the ittorneys representing the current owner of the ividence 01 Debt areÂ· Woods, Kinney & Breithaupt. '.C., Attention: Barbara R. Woods, PO Box ;30917, Littleton. CO 80163-0917,303-790-1930. DATED this 24 day of April, 2008. -homas Cari Oken >ublic Trustee of Pitkin County, State of Colorado iv: /s/Tiffanv Wancura, Deoutv iale Date: August 20,2008 :irst Publication: June 29,2008 ast Publication: July 27,2008 Jame of Publication: Aspen Times Weekly HIS COMMUNICATION CONCERNS A DEBT VHICH WOODS, KINNEY & BREITHAUPT, P.C. 4CTING AS A DEBT COLLECTOR, IS 4TTEMPTING TO COLLECT. ANY NFORMATION OBTAINED WILL BE USED FOR -HAT PURPOSE. 'ublished in the Aspen Times Weekly on June 15, 2,29, July 6,13, 2008. (1738873) PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS: ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 9 ( ( 9, 1,110 CA %. L , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 3-4 15 , 200 97 - STATE OF COLORADO ) ) SS. County of Pitkin ) i, 04-c,v--F> C (câ€ž-\Â£- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 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. K 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 of letters not less than one inch in height. Said notice was posted at least fifteen (15) days priotto the public hearing and was continuously visible from the 25'ilay of .Lj '1 Ah , 200 8 , 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 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 all owners of 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 of a 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 o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit ofNotice" was acknowledged before me thisjgday of JU,AC~ , 200-g by _Fg-,241 P . Aa rk- WITNESS MY HAND AND OFFICIAL SEAL My commission edpkes:__:f/,/02~/ 2 0,4 1 rynfl Notary Ablic 0 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE ~ REA30â‚¬'RIONARCH STREET, INSUBSTANTIAL PUD AMENDMENL GROWTH MANXÂ©EMENT QUOTA SYSTEM REVIEW, AND COMMERCIAL DESIGN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 15,2008, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Eben P. Clark of Klein, Cote & Edwards, LLC, 201 North Mill Street, Aspen, CO, 81611 on behalf of Dancing Bear Land LLC, 210 North Mill Street, Suite 203, Aspen, CO, 81611 who are the owners of the subject property. The applicants are proposing to enclose two areas that were originally designated for outdoor seating in a building that is currently under construction. The applicant is requesting the following development approvals: Growth Management Quota System allocation for the increase of 386 square feet of net leasable space; Insubstantial PUD Amendment, and Commercial Design Review. The properties are legally described as Lots P, Q, R and S, Block 77, City and Townsite of Aspen, Colorado, 81611. For further information, contact Erin Evans at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2745, errine@ci.aspen,co.us. s/LT Erspamer. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on June 29st, 2008 City of Aspen Account -4 :A A 01 1.'â€ž. - Â» 4 6..5.4 2 4 Â·Â· 10 :I l r U 1%â€¢ik *14, 5.1 1, 1, .4, I yAL. . ; -, 7% .1 0 ;t C . 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Ff 1 AMBAV-09-008-L uo!Â©1111.SU!,P jueuleBie4) ap sues Â®09lg Â®,UI3AV 11.leqeti el zes!1!in LUO)'*jaAe'AAMAA elline, el zalinsuo v Jaied e sellie, senenb!;3 ASPEN KABINN LLC ALYEMENI MOHAMMED & ALICE BENNIE THOMAS E ~ C/O NIKE COMM/NINA KAMINER EXHIBIT 3109 OAKMONT DR PO BOX 9884 75 BROAD ST RM 500 STATESVILLE, NC 28625 ASPEN, CO 81612 1 NEW YORK, NY 10004-2415 11 BERHORSTJERRY BLUE LLOYD JR BOGIN ROBERT M BERHORST CAROLE PLEAS ALEXA 4280 S MEADOW BROOK LN 7161 LINDENMERE DR PO BOX 1569 EVERGREEN, CO 80439 BLOOMFIELD HILLS, MI 48301 GRAYTON BEACH, FL 32459 BRAYMAN WALTER W & PATRICIA BRIGHT GALEN BRIGHT GALEN 844 ROCKWELL LN 205 E DURANT AVE #3D 407 S HUNTER ST #3 KANSAS CITY, MO 64112-2363 ASPEN, CO 81611 ASPEN, CO 81611 BROWNELL LORRAINE B CALKINS GEORGE W CALLAHAN PATRICIA 1030 SECOND ST 105 S CHEROKEE 0184 MOUNTAIN LAUREL DR MORGAN CITY, LA 70380 DENVER, CO 80223-1834 ASPEN, CO 81611 CARRIGAN RICHARD A JR CAUSING JENNIFER M CHAPLIN ARLENE & WAYNE 2S526 WILLIAMS RD PO BOX 10343 54 LAGORCE CIR WARRENVILLE, IL 60555 ASPEN, CO 81612 MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT CHRISPAT ASPEN LLC CHRISTENSEN EUGENE J LU NANCY CHAO TRUST 1/3 INT 1107 5TH AVE PO BOX 10061 38 CORMORANT CIR NEW YORK, NY 10128 ASPEN, CO 81612 NEWPORT BEACH, CA 92660 CLAUSEN FAMILY TRUST NO 1 CITY OF ASPEN COHN PETER L C/O GUNDY MGMT CO 130 S GALENA ST 1601 S CENTRAL AVE PO BOX 47 ASPEN, CO 81611 GLENDALE, CA 91204 MORRIS, IL 60450 CROSBY CHRISTINE ANN DANCING BEAR LAND LLC DOLLE NORMA 1050 E WATERS AVE #15 210 N MILL ST #203 124 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DONCER JOYCE TRUST ELLIS DIANA L ROQUE TRUSTEE EVANS DAVID COURTNEY 7641 W 123RD PL 13320 MULHOLLAND DR PO BOX 952 PALOS HEIGHTS, IL 60463 BEVERLY HILLS, CA 90210 ASPEN, CO 81612 FAULKNER JOHN L FELDMAN SELMA FOX THOMAS H 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 119 E COOPER AVE ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81611 Y Izy) Te.Injeed lead Asea 10, Jaded pee:IT Ej=3 Â®0915 31,VldIAI31 ehleAV asn ~ Â®09,5Â®AllgAV~~ 1231 2,aa4S uo!,innsul aes - , 1 [294 siegel lead Ase3 Im AMBAV-09-0081 uo!1)rul.su!,P lueulaBielp ep sues Â®09L5 Â®,UI3AV weqe[3 el zes!1!in U.10)*.laAe~MMAA el'!ne, el zejinsuo V ,taled ? sal!)94 se:tenbila FREIRICH MARK A FUQUA ALVAH D JR & DIANNE L FYRWALD JON ERIK & GUDRUN L PO BOX 774056 446 LAKE SHORE DR 4348 PLUMWOOD DR STEAMBOAT SPRINGS, CO 80477 SUNSET BEACH, NC 28468 WEST DES MOINES, IA 50265 GEORGIEFF KATHERINE TRUSTEE OF GOLDSMITH ADAM D GLICKMAN EDWIN C THE SMITH RONA K 2322 LAZY O RD KATHERINE GEORGIEFF REVOCABLE PO BOX 9069 SNOWMASS, CO 81654 LIVING TRS ASPEN, CO 81612 #11 TOPPING LN ST LOUIS, MO 63131 GREINER JERRY M GROOS NICHOLAS D GUBSER NICHOLAS J GREINER TERESA U 210 N INDUSTRIAL PARK RD PO BOX 870 330 BICKLEY RD HASTINGS, MI 49058 ASPEN, CO 81612 GLENSIDE, PA 19038 GUNION JOHN F GUTNER KENNETH H REV TRUST HATCHER HUGH S 1004 MARINA CIR PO BOX 11001 205 E DURANT AVE APT 2E DAVIS, CA 95616 ASPEN, CO 81612 ASPEN, CO 81611 HERRON SANDRA A HOLLY TREE INVESTMENTS LLC HORTON KAREN JANE TRUST 119 E COOPER AVE APT 19 4823 HOLLY TREE DR 588 S PONTIAC WAY ASPEN, CO 81611-1761 DALLAS, TX 75287 DENVER, CO 80224 HOSKIN REEDE HOTEL DURANT IAVARONE GIANFRANCO & RITA PO BOX 2478 122 E DURANT 341 ORIENTA AVE BASALT, CO 81621-2478 ASPEN, CO 81611 MAMORONECK, NY 10543 ICAHN LIBA IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE PO BOX 11137 2409 GREEN ST 219 E LAKE SHORE DR #5D ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 J&E HANSEN LLC JACOBSON FAMILY TRUST KAPLAN BARBARA C/O EDWARD HANSEN 2168 SANTA MARGARITA DR 3076 EDGEWOOD RD 255 SEASPRAY AVE FALLBROOK, CA 92028 PEPPER PIKE, OH 44124 PALM BEACH, FL 33480 KAUFMAN STEVEN B TRUST KEBER VINCENT M 111 KEITH JOHN 111 C/O VIRGINIA HARLOW 1301 WAZEE #2E 300 PUPPY SMITH ST #203-230 0554 ESCALANTE DENVER, CO 80204 ASPEN, CO 81611 CARBONDALE, CO 81623-8770 KINGSBURY FAMILY TRUST KULLGREN NANCY A LACY ROANE M JR PO BOX 198 205 E DURANT AVE UNIT 2-C PO BOX 367 HOLDERNESS, NH 03245 ASPEN, CO 81611 WACO, TX 76703-0367 A773 Tain lead lead Asea 101 - laded pee:IT 1*33 Â®0905 31Â¥Idl/\I31 Â®Ale/,V esn Â®ogusÂ®Alla,w~ G231 2 Jee45; uoipn.lisul 835 - V 1 1451$1 siegel ped dsea I/ Al:13AV-09-008-L uo!:lnnsu!,P juewefiele ep sues Â®09 LS Â®AllaAV Weqea el zes!11:n LUO)'86Ae'MMAA alline, el zejinsuo v jeled ? sepe# senenbu,3 LARRABEE DONALD C JR LEATHERMAN ROBERT D LEVY HELEN JOAN TRUST 411 LAKEWOOD CIR #All0 PO BOX 11930 421 WARWICK RD COLORADO SPRINGS, CO 80910 ASPEN, CO 81612 KENILWORTH, IL 60043-1145 LIMELITE REDEVELOPMENT LLC LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% C/O GENERAL MANAGEMENT 131 E DURANT AVE 24 LINDENWOOD LN 1201 GALAPAGO ST #101 ASPEN, CO 81611 LITTLETON, CO 80127 DENVER, CO 80204 LORING PETER & ELIZABETH S MACDONALD KENNETH HUGH REV LOCHHEAD RAYMOND R & EMILIE M LORING WOLCOTT & COOLIDGE OFFICE TRUST 200 SHERWOOD RD 230 CONGRESS ST 44 W HANNUM PASO ROBLES, CA 93446 BOSTON, MA 02110 SAGINAW, MI 48602 MARCUS ANN H MAGES LAWRENCE M & MARY K 84% MARK KENNETH A C/O S MARCUS 216 LINDEN AVE 200 PANTIGO RD 117 N MONARCH ST #01 WILMETTE, IL 60091 EAST HAMPTON, NY 11937 ASPEN, CO 81611 MCCONNELL THOMAS W & KAY L MCKENZIE BART B & PAIGE PARAVANO MESSNER CHRISTIAN 3814 OAKHILLS 4840 30TH ST NORTH 3111 BEL AIR DR APT 202 BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 LAS VEGAS, NV 89109 MULKEY DAVID A DR MILLER R GREG MOUNTAIN CHALET ENTERPRISES INC TRUSTEE PO BOX 4577 333 E DURANT AVE 2860 AUGUSTA DR ASPEN, CO 81612 ASPEN, CO 81611 LAS VEGAS, NV 89109 NELSON ARLENE NEWMAN KERRY J & RICKI R ONEAL PROPERTIES LLC 119 E COOPER ST #6 617 PRINCE DR 8100 E CAMELBACK RD #31 ASPEN, CO 81611 NEWBURGH, IN 47630 SCOTTSDALE, AZ 85251-2773 PASCO PROP LLC PAY ERIC GEOFFREY PHILLIPS B R SMITH PATRICK A 119 E COOPER AVE APT 12 311 S ASPEN ST #1 360 SOUTHFIELD RD ASPEN, CO 81611-1772 ASPEN, CO 81611 BIRMINGHAM, MI 48009 PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC PINES LODGE DEVELOPMENT LLC PO BOX 2492 152 E DURANT AVE 2353 IRVINE AVE ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 PITNER N KATHRYN POPKIN PHILIP G PRASAD REV TRUST PO BOX 11930 PO BOX 7956 3776 W 3700 N ASPEN, CO 81612 ASPEN, CO 81612 DARLINGTON, ID 83255 7 [573 Yeinieed Iead Ase, Joi lade.1 Daa-11' INIF] Â®0915 31VldIAI31 Â®kleAV asn Â®0915Â®Al:BANi~ ~479 2 4104. UU!+11[4bul ..5 0.3- V I te:M siegel leed *sea Ii--~ *Fa AÂ£3AV-09-008-L uo!:unnsu!,P jualue5.,elp ap sues Â®09L5 Â®Akl3AV WeqeB el zes!1!Ul LUO)*13Ae'/VAMAA 311!ne, el ze:Insuo , ieled ? sape# se;lanbng PRODINGER IRMA PURVIS ROBERT K & CAROLYN K RINGSBY GRAY PO BOX 1245 PO BOX 3089 PO BOX 1292 ASPEN, CO 81612 ASPEN, CO 81612 HAIKU, HI 96708 ROARING FORK PROPERTIES ROBLES ENRIQUE ALVAREZ ROSSI ELAYNE R CO HOWARD A WILL JR ALVAREZ CRISTINA 700 UTE AVE #710 5055 26TH AVE MONTES URALES 350 ASPEN, CO 81611 ROCKFORD, IL 61109 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUMSEY DANIEL W SCHAPIRO MARC & PATRICIA SCHAYER CHARLES M 111 13700 MARINA POINTE DR #512 1685 TAMARAC DR 588 S PONTIAC WAY MARINA DL REY, CA 90292-9259 GOLDEN, CO 80401 DENVER, CO 80224 SCHUMACHER JUDY M SCULL JAMES E SHAW ROBERT W 0115 GLEN EAGLES DR PO BOX 2051 5208 A PERSHING AVE ASPEN, CO 81611 ASPEN, CO 81612 FORT WORTH, TX 76107 SHEFFER BARBARA & DOUGLAS SHENNAN MELISSA A SILVERMAN MARC A & MARILYN L PO BOX 250 822 LANE LORRAINE 937 DALE RD ASPEN, CO 81612 LAKE FOREST, IL 60045-1643 MEADOWBROOK, PA 19046 SLT ASPEN DEAN STREET LLC SKY BLUE LLC 27.60% SOUTH POINT CONDO LLC C/O EPROPERTY TAX DEPT 206 5743 CORSA AVE # 101 150 N MARKET PO BOX 4900 WESTLAKE VILLAGE, CA 91362 WICHITA, KS 67202 SCOTTSDALE, AZ 85261-4900 SOUTH POINT CONDOMINIUM SPAULDING RICHARD W SOUTHPOINT-SUMNER CORP ASSOCIATION THOMPSON ELEANOR M 4828 FORT SUMNER DR 205 E DURANT AVE #2F PO BOX 278 BETHESDA, MD 20816 ASPEN, CO 81611 CONCORD, MA 01742-0278 STARWOOD VACATION OWNERSHIP STAPLETON DAVID W STARK RENEE A C/O JOAN LAND ACCT MGR 206 E DEAN ST #2A 205 E DURANT AVE APT 1 D 9002 SAN MARCO CT ASPEN, CO 81611 ASPEN, CO 81611-3813 ORLANDO, FL 32819 STEINER DONALD R STITT ELIZABETH WILES IRREV TRUST SULLIVAN JOHN B TRUST BUCKHEAD GRAND 1450 SILVERKING DR 1300 E REUSCH RD 3338 PEACHTREE RD #3307 ASPEN, CO 81611 ELIZABETH, IL 61028 ATLANTA, GA 30326 TAROCH HOLDINGS LTD THALBERG KATHERINE SZYMANSKI WILLIAM R & LYNNE E C/O PATRICK D MCALLISTER PC C/O BROOKE ANDERSON 2220 E SILVER PALM RD 315 E HYMAN AVE #305 3131 CONNECTICUT AVE NW #2801 BOCA RATON, FL 33432 ASPEN, CO 81611-2909 WASHINGTON, DC 20008 7 [3-73 TainleeÂ·I [aer, Aseq Aol jade.1 oadf 1273 @05't5 31.yId W31 Â®kieAV esn Â®O9LsÂ®AkIBAÂ¥~ 1413; 1 "04, uu~*,gut,ul des .~.. v ~ Ley siegel Pad Ase3 AHEIAV-09-008-L uo!:innsu!,P jualuefuelp ep sues Â®09 L5 Â®AM3/01 Weqeti el zes!11:n WO)*18Ae'MMAA elline, el zelinsuo v Jeled 12 531!39, 531:enb!13 TOWNE PLACE OF ASPEN CONDO THREE REEDS LLC TYDEN FAMILY FARMS PTNP ASSOC INC 2224 VIA SEVILLE RD NW 1730 IROQUOIS TR C/O ASPEN LODGING COMPANY ALBUQUERQUE, NM 87104-3096 HASTINGS, MI 49058 747 S GALENA ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & LIDIA M VENTER HENDRIK JOHANNES BEVERLY J 2000 E 12TH AVE BOX 8 PO BOX 11979 PO BOX 189 DENVER, CO 80206 ASPEN, CO 81612 LONE PINE, CA 93545 WHITE JALEH WEINGLASS LEONARD WICHMANN VICTORIA THICKMAN DAVID PO BOX 11509 BOX 4388 152 E DURANT AVE ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611-1737 WITEK ROBERT J & RONA R WOODING MERRITT B WOODSON TATJANA REV TRUST 225 S MONARCH #G103 PO BOX 339 PO BOX 125 ASPEN, CO 81611 HOPE, NJ 07844 TETON VILLAGE, WY 83025 WOW LIFT ONE LLC WUGALTER JOEL C/O WARSTLER ROBERT T 716 BISHOPS LODGE RD 3225 ELK CANYON CIR SANTE FE, NM 87501-1127 SEDALIA, CO 80135-8573 ER Tainleed laed *se3 10, Aaded Pee:IT ISTEI Â®og:s 31VldLAI31 Â®ABAÂ¥ asn Â®091.5Â®AklgAV~ 1241 ; :ea45 uo!.un#sul eas .;9,910â€¢ V I 1*&5 siegel lead *sefl THE CrrY OF ASPEN Land Use Application Determination of Completeness Date: March 5,2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 00013.2008.ASLU (411 S. Monarch). The planner assigned to this case is Errin Evans. <Your Land Use Application is incomplete: F We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. Commercial Design review criteria and standards need to be addressed (section 26.412.050 and 26.412.060. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satis faction of the City of Aspen Planner reviewing the land use application. O Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, Â«PFUL J'bartifer 11~~n, Deputy Director City o f Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc Errin Evans 60141*,n From: Tom Bracewell [tom@aspensan.com] Sent: Friday, March 14, 2008 3:38 PM To: Errin Evans Subject: Re: Tentative drc meeting Attachments: image003.jpg Hi Errin, I've seen the minor amendment, and would be comfortable with revised comments, without a meeting. Thanks Tom ----- Original Message ----- From: Errin Evans To: Aaron Reed ; Adam Trzeinski ; Amy Guthrie ; Blake Fitch ; Brian Flynn ; Cindy Christensen ; Denis Murray ; Ed Van Walraven ; Erich Grueter ; Errin Evans ; Jackie Lothian ; Jannette Whitcomb ; Jason Lasser ; Jennifer Phelan ; Jerry Nve ; Jessica Garrow ; John Hines ; John Krueger ; Kim Peterson ; Larry Doble ; Linda Chi ; Lynn Rumbaugh ; Phil Overevnder ; Randy Ready ; Rich Ryan ; Richard Pryor ; Rick Fout ; Sara Adams ; Shaun Rourke ; Shirley Ritter ; Stephen Kanipe ; Tim Ware ; Todd Grange ; Tom Bracewell forward ; Travis Coggin ; Tricia Aragon ; Trisha Nelson Sent: Friday, March 14, 2008 11:25 AM Subject: Tentative dre meeting We have tentatively scheduled a DRC meeting for an application for the Dancing Bear Lodge - 411 S. Monarch Street. This application was previously approved, however they would like to make an amendment to the approval. They have applied to increase the net leasable space by approximately 386 square feet. They would like to enclose two proposed outdoor seating areas to allow for more indoor seating in their restaurant. As most o f you have already reviewed the approved project and this is a relatively minor amendment, we thought we would email first to see if there is interest in a DRC meeting and i f it is necessary. The tentative date for the meeting is on March 26,2008. If we do not get enough response to host a DRC meeting, we will send out the applications and you can send your response to Community Development. We have included a PDF file of the proposed floor plan for your review. Errin Evans Current Planner 1 Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 [ 4 0,1,14 ANÂ¥ 0 www.aspenpitkin.com 2 A. Errin Evans From: Brian Flynn Sent: Monday, March 17, 2008 12:04 PM To: Errin Evans Subject: RE: Tentative drc meeting Attachments: New Park and Rec logo.jpg; image003.jpg Errin, Parks has no issues with this review, I do not think a DRC is needed. Brian Flynn Open Space and Special Projects Manager (P)970-429-2035 (F)970-920-5128 hASPEN / PARKS & RECREATION From: Errin Evans Sent: Friday, March 14, 2008 11:25 AM To: Aaron Reed; Adam Trzcinski; Amy Guthrie; Blake Fitch; Brian Flynn; Cindy Christensen; Denis Murray; Ed Van Walraven; Erich Grueter; Errin Evans; Jackie Lothian; Jannette Whitcomb; Jason Lasser; Jennifer Phelan; Jerry Nye; Jessica Garrow; John Hines; John Krueger; Kim Peterson; Larry Doble; Linda Chi; Lynn Rumbaugh; Phil Overeynder; Randy Ready; Rich Ryan; Richard Pryor; Rick Fout; Sara Adams; Shaun Rourke; Shirley Ritter; Stephen Kanipe; Tim Ware; Todd Grange; Tom Bracewell forward; Travis Coggin; Tricia Aragon; Trisha Nelson Subject: Tentative drc meeting We have tentatively scheduled a DRC meeting for an application for the Dancing Bear Lodge - 411 S. Monarch Street. This application was previously approved, however they would like to make an amendment to the approval. They have applied to increase the net leasable space by approximately 386 square feet. They would like to enclose two proposed outdoorseating areas to allow for more indoorseating in their restaurant. As most of you have already reviewed the approved project and this is a relatively minor amendment, we thought we would email first to see if there is interest in a DRC meeting and if it is necessary. The tentative date for the meeting is on March 26,2008. If we do not get enough response to host a DRC meeting, we will send out the applications and you can send your response to Community Development. We have included a PDF file of the proposed floor plan for your review. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street 1 Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 [342 (1 I-Â¥ M .AFT www.aspenpitkin.com 2 Errin Evans From: Ed Van Walraven Sent: Friday, March 14, 2008 11:41 AM To: Errin Evans Subject: RE: Tentative drc meeting Attachments: image001.jpg Errin, Fire sprinkler and fire alarm coverage shall be maintained in the additional area (Additional fire sprinklers and smoke detection may be required) Thank you, Ed Ed Van Walraven Fire Marshal Aspen Fire Protection District 420 East Hopkins Avenue Aspen, CO 81611 970-925-2690 Office 970-920-4451 Fax From: Errin Evans Sent: Friday, March 14, 2008 11:25 AM To: Aaron Reed; Adam Trzcinski; Amy Guthrie; Blake Fitch; Brian Flynn; Cindy Christensen; Denis Murray; Ed Van Walraven; Erich Grueter; Errin Evans; Jackie Lothian; Jannette Whitcomb; Jason Lasser; Jennifer Phelan; Jerry Nye; Jessica Garrow; John Hines; John Krueger; Kim Peterson; Larry Doble; Linda Chi; Lynn Rumbaugh; Phil Overeynder; Randy Ready; Rich Ryan; Richard Pryor; Rick Fout; Sara Adams; Shaun Rourke; Shirley Ritter; Stephen Kanipe; Tim Ware; Todd Grange; Tom Bracewell forward; Travis Coggin; Tricia Aragon; Trisha Nelson Subject: Tentative drc meeting We have tentatively scheduled a DRC meeting for an application for the Dancing Bear Lodge - 411 S. Monarch Street. This application was previously approved, however they would like to make an amendment to the approval. They have applied to increase the net leasable space by approximately 386 square feet. They would like to enclose two proposed outdoor seating areas to allow for more indoor seating in their restaurant. As most of you have already reviewed the approved project and this is a relatively minor amendment, we thought we would email first to see if there is interest in a DRC meeting and if it is necessary. The tentative date for the meeting is on March 26,2008. If we do not get enough response to host a DRC meeting, we will send out the applications and you can send your response to Community Development. We have included a PDF file of the proposed floor plan for your review. Errin Evans Current Planner Community Development 1 City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 Ile On {* ANA www.aspenpitkin.com 2 NOTICE OF APPROVAL For An Insubstantial Amendment to the Dancing Bear Planned Unit Development, An Amendment to Ordinance No. 29, Series of 2003 Parcel ID No. 273Â¥182-19-002 APPLICANT: Dancing Bear Lodge, Stryker Brown Architects REPRESENTATIVE: Tom Gilchrist, David Brown SUBJECT OF Dancing Bear Lodge PUD, Ordinance AMENDMENT: No. 29, Series of 2003 SUMMARY: On behalf of the Dancing Bear Lodge and Stryker Brown Architects, Tom Gilchrist, has applied for an Insubstantial Amendment to the Dancing Bear PUD, Ordinance No. 29, Series of 2003. The Applicant is requesting a PUD Amendment to enclose staircase 2 from the 3rd floor landing to the roof in order to meet International Building Code (IBC) requirements 1018.1 and 1019.1-1019.8. Staircase 2 is located along the alley (the north building elevation). STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff supports the proposed Amendment because it makes a technical correction to the approval. The IBC requires at least one staircase be enclosed in this manner. Enclosing this staircase provides the least amount of visual impact because it is located along the alley elevation, rather than along one of the street elevations. The proposed PUD Amendment is consistent with the character of the development and the original approvals, does not increase the coverage of structures on the land, does not impact the trip or parking generation and does not reduce the amount of parking provided or right-of-way widths, does not impact and open space, and does not change the density of the project. Staff finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to section 26.445.100 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit B) and 1 thereby, APPROVES the amendment. The approved amendment to the Dancing Bear PUD, allows for a change to Ordinance No. 29, Series of 2003. APPROVED BY: Chris Bendon Date Community Development Director ACCEPTANCE: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. Tom Gilchrist, Stryker Brown Architects Date Attachments: Exhibit Al - A6 - Amended Plans Approved by this Amendment Exhibit B - Review Criteria 2 . 1 11111 ' lilli lilli '11 fil l' 1111 '11111 lilli ..111 -11 498441 Page: 1 of 11 06/08/2004 10:09A SILVIA DAVIS PITKII. COUNTY CO R 56.00 D 0.00 ORDINANCE N0. 29 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE DANCING BEAR LODGE PRESERVATION MINOR PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING REZONING, SUBDIVISION, TIMESHARE, MOUNTAIN VIEW PLANE, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) FOR LODGE PRESERVATION AND AFFORDABLE HOUSING FOR THE PROPERTY LOCATED AT 411 S. MONARCH STREET, LOTS P, Q, R, AND S, BLOCK 77, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-182-19-002 WHEREAS, the Community Development Department received an application from MSE Aspen Holdings, Inc, owner, represented by Mitch Haas of Haas Land Planning, LLC, requesting approval of a Lodge Preservation (LP) Minor Planned Unit Development including Rezoning, Subdivision, Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Lodge Preservation on the property described as Lots P, Q, R, and S, Block 77, City and Townsite of Aspen; and, WHEREAS, the subject property is approximately 11,957 square feet, and is located in the Lodge/Tourist Residential (L/TR) Zone District; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(13), Combined Reviews, the Community Development Director in consultation with the applicant has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.435, Mountain View Plane; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; and, Section 26.590, Timeshare, the City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director recommended approval of the Minor PUD and its associated land use requests, finding that the applicable review standards have been met; and, WHEREAS, during a duly noticed public hearing on April 15,2003, the Planning and Zoning Commission voted three to three (3-3) on adoption ofResolution r\ - ...1 - lilli 1.- lilli lilli,11111111Ill 498441 Page: 2 of 11 06/08/2004 10:09A -.LV.A CAVIS PIUII. C0UN1 ' CO R 56.00 0 0.00 No. 6, Series of 2003, effectively recommending that City Council deny the Dancing Bear Minor PUD and its associated land use requests; and, WHEREAS, during a duly noticed public hearing on June 23,2003, City Council conducted and continued the public hearing on the Dancing Bear PUD to July 28,2003; and, WHEREAS, during a duly noticed public hearing on July 28,2003, City Council conducted and continued the public hearing on the Dancing Bear PUD to August 11, 2003; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the Aspen/Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lots P, Q, R, and S of Block 77, City and Townsite of Aspen, is hereby rezoned to L/TR (Lodge/Tourist Residential) with Planned Unit Development (PUD) and Lodge Preservation (LP) Oveflays. Section 2: Pursuant to the procedures and standards set forth in Title 26 0 f the Aspen Municipal Code, City Council hereby approves the Dancing Bear Timeshare Lodge Minor PUD, which includes applications for Minor PUD, Subdivision, Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Lodge Preservation and Affordable Housing for the development of a timeshare lodge consisting o f twenty-seven (27) lodging bedrooms and two (2) affordable housing units (consisting of two 2- bedroom units) as was represented on the plans presented to City Council at the August 11, 2003 meeting, which included a centered fourth floor gazebo of approximately 1,580 square feet, subject to the following conditions: . 111'111 lilli lilli 111' 11111111111111'11111 lilli lili lili 498441 Page: 3 of 11 SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00 06/08/2004 10:09A l. A PUD and Subdivision Improvements Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements o f the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. b. An illustrative site plan o f the proj ect showing the proposed improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. c. A drawing(s) representing the project's architectural character. 3. Prior to applying for a building permit, the applicant shall cause and pay for recordation of a PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder. 4. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: 0 06/08/2004 10,09A 498441 Page: 4 of 11 SILLA DAVIS PITKIN COUNTY CO R 56.00 D 0.00 1 i ..I .,i' Â·'11~'~Flt #,r'j'IE*~1~.~4~IJN,i; 4012!213 Vf MU Â·f I ' 1,IM~$~~LIN SM<M'M Itl --41'r 6,000 Square Feet '.0*Mdhl#t~o't 'A~ ~r~11-#*multrh#'1, il Q .lil,,It'M 111 4111 No requirement 111,~111 L!"i~/_litâ€ž~ i'Mf~.' I~'i Il-r,-Zi~3â‚¬ ~'14Â®i#!1-1~ IliHIV IIA-1 41.-- 1.1Â¢ 11'111~1.11,1111111 One lodge or residential (27 lodge rooms and 4 11 4.)1 IVi ' 6,' I N,1, :,10"It,45' 12Lt~m 4,-51# 'i' ' . ' 1,I' i'l affordable housing) bedroom per 380 square feet of lot area I >t~ij,M 4' uni' 1Â£4Â¢i IllÂ· 'Ii#thj'hil-i'~ I "i' ?23, 4*~Kil# I@7 HA I'l~,i, ~ 60 feet i ,~Y? 211'IKM'Ki-~12(%*1;1Yt I W "tWt'W#'1201;1411~111111~~ 8 feet for main structure/ 0 feet for small 1,11,1 'mit, 1141'119 1,1 1 710.4' ,8..r' 11~111111111,11:,.i ' 1111,++1I r |' .r;|9,4~i,2 ttllÂ·i- 1~1 f architectural wall shown on proposed plans 1.4 *04***040 *4 5 feet for main structure/3 feet for architectural overhangs and columns, and 0 feet for stairs, planter boxes, and walkway defining walls. 13 -11[1111 1 foot No Requirement 111.1111#'til[Id'Ill,1114111 4=t~~~'1#i~1~di4l ~11-1,111,1 1 ! 11111 1 1,11% lk'11 48, 'MIW,Â®98Â·10%,Mp''I TAR"id l'41 1 11~ 14%'ir il 46' 6" feet from existing grade to the top of the fourth floor elevator shaft. No Requirement 9 Percent -mt,41#411]I##1~1*VAN''W ' 111 L .~I Il,B ~ ,t'~1~I~1 I i~ A t,Mi I ~1 i 35 square feet, plus loading area I 5. The building permit application shall include the following: a. A copy ofthe final recorded Ordinance. b. The conditions of approval printed on the cover page ofthe building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off- site replacement or mitigation of any removed trees. e. A detailed ventilation plan o f the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. g. A detailed kitchen plan for approval by the City Environmental ~ Health Department. 1111'll.lilill 111111111111111111111111111111 .| 06/08/2004 10:09A ~ 498441 Page: 5 of 11 S LVIA DAVIS PI-KIN COUNTY CO R A.00 D 0.00 h. ' A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department strongly prefers that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. i. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 6. Prior to issuance ofa building pennit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to such agreement. 7. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards ofTitle 8 (Water Conservation and Plumbing Advisory Code) o f the Aspen Municipal Code, as required by the City of Aspen Water Department. 8. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. If new sewer lines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. 9. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. 10. The Applicant shall agree that there will be no construction material or dumpsters stored on the public rights-of-way unless a temporary l i lli lili -1111 lili lilli lilli 1111111 498441 Page: 6 of 11 06/08/2004 10:09A S.LV-A DAVIS FI-KIN COUR-Â¥ CO R 56.00 D 0.00 encroachment license is granted by the City Engineer. In addition, the * Applicant shall submit a full set of construction management plans as part of the building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area, 11. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 12. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 13. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. 14. The Applicant shall install an adequate fire alarm system throughout the structure as determined by the Fire Marshal. The Applicant shall also install a fire sprinkler system and fire extinguishers that meet the requirements of the Fire Marshal. In addition, the water service connection to the sprinklers must provide an adequate flow of water to eliminate the need for a fire pump. The Applicant shall also install standpipes within the stairwells. 15. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. The Applicant shall also schedule the abandonment of the existing water tap prior to requesting a new water tap. 16. The Applicant shall provide the Water Department with a detailed plan for relocating the fire hydrant that demonstrates that the water mains will be lilli lilli lillill I Ill 498441 Page: 7 of 11 06/08/2004 10:09A 6: LFIA [4.S FITKI -:.hTY CO R 56.00 D 0.00 / shut down during the relocation of the hydrant. This plan shall be approved by the Water Department prior to relocation of the hydrant. 17. The Applicant shall install an oil and grease separator in the restaurant/bar that meets the Aspen Consolidated Sanitation District's regulations. The applicant shall also install an oil and sand separator for the indoor parking facilities. 18. All design, installation, and maintenance of the pools and spas must comply with the State of Colorado's "Swimming Pool and Mineral Bath I " Regulations. 19. The Applicant shall obtain a Colorado Retail Food Establishment License prior to serving guests food that has been prepared on-site. The Applicant shall also obtain a liquor license prior to serving alcoholic beverages. 20. A bear-proof dumpster shall be located on-site meeting the standards of the City of Aspen Wildli fe Ordinance. 21. The Applicant shall mitigate for PM-10 as proposed in the application by 1) providing a fleet of five (5) bicycles for use by guests and employees, by 2) providing a shuttle to and from the airport on demand of guests, 3) by providing free bus passes to lodge employees, and by 4) providing a ' fleet of at least two (2) hybrid vehicles for use by guests and employees. 22. Alllandscaping in the public right-of-way shall meet the requirements set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of-Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The Applicant shall also obtin a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. 23. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved. a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage ofmaterials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 24. Each owner of an estate shall have an undivided interest in the common recreational areas within the facility. rh 111 11111111111111111 lili 498441 Page: 8 of 11 06/08/2004 10:09A SILE.A [RVIS FITKI _JLKI ' CO R 56.00 0 0.00 25. =The Applicant shall adequately mitigate for employee generation by providing affordable housing mitigation for at least 2.35 FTEs in the form o f constructing two (2) deed restricted units (two 2-bedroom units) on-site, which will provide mitigation for 4.5 FTEs. The required employee housing mitigation shall be completely satisfied in the manner specified herein prior to issuance of a certificate o f occupancy for the proposed development. 26. The Applicant shall install two (2) ADA accessible sidewalk ramps. One ramp shall be constructed from the sidewalk onto Monarch Street and the other ramp shall be constructed from the sidewalk onto Durant Avenue. The applicant shall install sidewalk, curb, and gutter that meet the City Engineer's required specifications along Monarch Street and Durant Avenue prior to issuance of a Certificate of Occupancy. A minimum radius of twenty-five (25) feet from the flowline of the corner shall be maintained at Durant Avenue and Monarch Street, If the applicant cannot provide a radius of twenty-five (25) feet from the flowline of the corner because they wish to maintain the existing Pine tree, then the applicant shall provide the largest radius possible without damaging the tree. The applicant shall also reconstruct the alley driveway pan at the east end of the alley. 27. The Applicant shall not install a char broiler on the rooftop patio. rh 28. The Applicant shall have an electric connect load summary conducted by a licensed electrician to determine if the existing transformer has sufficient capacity for the Dancing Bear Development. If a new transformer is required, the applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The applicant shall provide an easement to allow for City Utility Personnel to access the new transformer. 29. The Applicant shall sign a shared sewer service line agreement prior to building permit issuance. 30. The Applicant shall sign two (2) of the surface parking spaces that are accessed offthe alley as thirty (30) minute parking for use by guests for the purpose o f checking in. 31. The Applicant shall provide priority to the occupant(s) of the affordable housing units, for the use of four (4) of the on-site parking spaces. In the event that the occupant(s) of the affordable housing units do not own cars or desire use of the parking spaces, the parking spaces shall remain available for the general use of the lodge guests. 11- 111111111111111 111 lilli lili Ill 06/08/2004 10:09A 498441 Page: 9 of 11 SILLIA [:VIS FITKI- CC.N.TY C-J R 56.00 0 0.00 32. The Applicant shall pay the applicable fee in-lieu of school land dedication as detennined by the City of Aspen Zoning Officer for the Affordable Housing Units prior to building permit issuance. 33. The affordable housing units shall be deed restricted at the Category 2 rental rate, but since the units are for the use ofthe lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of the project to establish mutually acceptable lease terms for employees whose units are attached to the business. 34. As volunteered, the Applicant shall convey an undivided fractional interest (one-tenth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purposes of complying with the Colorado Supreme Court Decision regarding rent control legislation. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 35. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. rn 36. All unsold timeshare units that are not used by the Applicant for exchange, marketing or promotional purposes shall be made available for short-term rent until purchased. This condition shall be included in the PUD and Subdivision Agreements to be recorded in the Pitkin County Clerk and Recorder's Office. 37. Nothing in the timeshare documents shall prohibit short-term rental or occupancy ofthe units. It is the intent ofthis condition that the non-deed restricted units shall be available for short-tenn rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. 38. The final PUD plans shall contain a parking ramp width of at least twenty- one (21) feet. 39. The Applicant shall submit all timeshare documents and disclosure statements to the City Attorney for review prior to their recordation at the Pitkin County Clerk and Recorder's Office. 40. The City of Aspen Finance Department shall conduct an annual audit of the sales tax revenues that the City collects from the Dancing Bear Lodge over its first five (5) years of operation, to determine if the projected H li - lill li I - Il ill Ililli li li 06/08/2004 10:09A 498441 Page: 10 of 11 ;SILWA C: L.5 FITKIN LAM ' CO R 56.00 D 0.00 revenues are accurate. The Applicant shall cooperate with the Finance Department in its annual audit efforts. 41. Any conversion to the use o f the restaurant area shall require approval o f a PUD amendment. 42. The Applicant shall install a non-reflective coating or use non-reflective glass on the glass gazebo to reduce outward glare as much as possible. 43. The Applicant shall install opaque window coverings in the glass gazebo. 44. The Applicant shall pay the applicable Park Development Impact Fees to be calculated by the City of Aspen Zoning Officer for the creation of new lodging and residential bedrooms prior to building permit issuance. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereo f. Section 5: A public hearing on the ordinance was held on the 23rd day of June, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, and continued to July 28,2003. Section 6: A continued public hearing on the ordinance was held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, and continued to August 11, 2003. Section 7: A continued public hearing on the ordinance was held on the 11th day of August, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City ofAspen on the 27th day of May, 2003. ;IOU._u Helen Kalin KIandefud, Rheor 498441 Attest: I lim IE 111111011111111110 m 1011111111 06/08/2004 10:09A Â· SILVIA DAVIS PITKIN COUNTY CO R 56.00 Page: 11--of 11 Kathryn S. I~*li, City Clerk FINALLY, adopted, passed and approved by a vote of three to two (3-2), this 11th day of August, 2003. /' A - ..10&4'"Ilicâ€¢ILâ€¢ Helen Idli?NUalltldFu~~[ayor Attest: fl ~U'7L.2 vÂ» Kathryn S. I~~p, City Clerk Approved as to form: 1.-0Altme,ucb<i,0 Jolin F. Worcester, City Attorney . 3,6 lilli ll- 111111Ill 11111111 06/08/2004 10:13A 498442 Page: 1 of 11 SILF.A CAVIS FITKI' C.J.TY CO R 36.00 0 0.00 PLANNED UNIT DEVELOPMENT (PUD) & SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE DANCING BEAR LODGE PROJECT THIS AGREEMENT is made this day of , 200_, between MSE ASPEN HOLDINGS, LTD, a Colorado Limited Partnership, (Michael S. Egan, President, MSE Aspen Holdings, Inc., as General Partner) (the "Owners") and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, the Owners own that certain real property (the "Property") known as the Dancing Bear Lodge and formerly known as the Aspen Manor Lodge located at 411 South Monarch Street (Parcel Identification Number 2735-182-19-002) in the City of Aspen, County of Pitkin, State of Colorado, legally described as: Lots P, Q, R, and S, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property is being redeveloped by the Owners as follows, where said redevelopment is hereinafter referred to as the "Project": o The twenty-three (23) existing, outdated rooms will be replaced with nine (9) three- bedroom lodging units, where each lodging unit includes a one-bedroom lock-off, providing a total of eighteen (18) units. It will also include two (2) two-bedroom employee housing units on the ground floor. In total, the redeveloped structure will include three subgrade levels, three stories above grade, and a roof-top gazebo, as follows: â€¢ The three sub-grade levels accommodate a floor of guest and service facilities (such as, but not limited to, a computer/library room, a theater, television and game rooms, restrooms, an office. a housekeeping staging area, and various storage facilities), a floor ofparking, and a floor of storage with a conference room; â€¢ The ground level includes one (1) three-bedroom unit/one-bedroom lock-off unit, and two (2) two-bedroom employee dwelling units, as well as a lobby with a front desk check-in area, an office and operations area, and a lounge/bar-type facility; â€¢ The second and third floors will each include four (4) three-bedroom units, where each of these four (4) units includes a one-bedroom lock-off unit; and, â€¢ The centered fourth floor gazebo structure of approximately 1,580 square feet to house 11 lilli 11 lil i 1-111111 lili lili 498442 Page: 2 of 11 06/08/2004 10:13A S.Lk:A CAL.S FITKIN COLNTY -0 R 56.00 D 0.00 mechanical equipment and guest facilities such as, but not limited to, restrooms and an exercise room. WHEREAS, pursuant to Ordinance No. 29, Series of 2003 ("Ordinance"), the City granted Rezoning to Lodge-Tourist Residential with Lodge Preservation and Planned Unit Development overlays (L-TR/LP/PUD), Minor Planned Unit Development, Subdivision, Timeshare, Mountain View Plane, Growth Management Quota System (GMQS) Exemptions for Lodge Preservation and Affordable Housing, approval for the Project; and, WHEREAS, the City and the Owners wish to enter into a PUD and Subdivision Improvements Agreement for the Project; and, WHEREAS, Owners have submitted to the City for approval, execution and recordation, a Final PUD Plan and Final Plat for the Project (collectively, the "Plat") and the City agrees to approve, execute and record the Plat at Owners' expense on the agreement of the Owners to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance ofthe Plat for recordation by the City, it is agreed as follows: 1. Description of Project. Refer to the second "Whereas" statement. PUD Dimensional Requirements. As set forth in Condition 4, Section 2 of the Ordinance, the following dimensional requirements were approved by the City as part ofthe Project, are shown on the Final PUD Plan, and shall be printed on all final building permit plan sets: a. Minimum Lot Size: 6,000 square feet. b. Minimum Lot Area per Dwelling Unit: No requirement. c. Maximum Allowable Density: One lodge or residential bedroom per 380 square feet of lot area. d. Minimum Lot Width: 60 feet. e. Minimum Front Yard (East Durant): 8 feet for the main structure, and 0 (zero) feet for small architectural wall shown on Final PUD Plan. f. Minimum Side Yard: 5 feet for the main structure, 3 feet for architectural overhangs and columns, and 0 (zero) feet for stairs, planter boxes, and walkway defining walls. g. Minimum Rear Yard: 1 foot. h. Maximum Site Coverage: No requirement. i. Maximum Height: 46 feet and 6 inches from existing grade to the top ofthe fourth floor elevator shaft. j. Minimum Distance Between Buildings: No requirement. Â¢ , f 11111 lilli. l i li 111111 111 lilli li lli 06/08/2004 10:13A 498442 Page: 3 of 11 SILV:A DAVIS FITKII. .OUNTÂ·r CO - R 56.00 0 0.00 k. Minimum Percent Open Space: 9 percent. 1. Trash Access Area: 35 square feet, plus loading area. m. Allowable External Floor Area Ratio (FAR): 2.98:1. n. Minimum Off-Street Parking Spaces: 0.67 spaces per bedroom (21 spaces for 31 bedrooms, including the four employee housing bedrooms). 3. Acceptance of the Plat. Upon execution of this Agreement by the parties hereto, the City agrees to approve and execute the Plat for the Project submitted herewith, and which conforms to the Final PUD Plan and Plat requirements ofthe Code and the Ordinance. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owners' payment ofthe recordation fee. If the approved Final PUD Plans change subsequent to this approval, a complete set of revised plans shall be provided to the Engineering and Community Development Departments for review and evaluation. 4. Development Requirements. The following development requirements will be satisfied by Owners pursuant to the Ordinance. a. Employee Housing. The Project is required to adequately mitigate for employee generation by providing deed restricted employee housing for at least 2.35 full-time equivalent employees (FTEs). The Project includes two (2) two-bedroom deed restricted employee housing units, limited to occupancy by employees of the Dancing Bear Lodge. The units need not meet the minimum net livable square footage requirements of the Aspen/Pitkin County Affordable Housing Guidelines (the Guidelines) in effect at the time of building permit issuance, but must be deed restricted at the Category 2 rental rate as described in the Guidelines then in effect; however, since the units are to be used only by employees ofthe lodge itself, income and asset restrictions are waived. Owners shall complete and record the deed restrictions prior to applying for building permits to construct such units. Further, the Owners shall meet with the Housing Office staff prior to the completion of the Project to establish mutually acceptable lease terms for employees whose units are attached to the business. The two (2) employee units provide housing credit for 4.5 FTEs, which is 2.15 FTEs more than required. In an effort to be consistent with Section 38-12-301, C.R.S., and the Colorado Supreme Court decision on the Town of Telluride v. Lot Thirty-Four Venture L,L,C. (Case No. 98 -5C-547, decided June 5,2000), Owners desire to grant to the Aspen/Pitkin County Housing Authority (APCHA) an undivided one-tenth of one percent (0.1%) ownership interest in the above-described employee housing units ofthe Project. With the APCHA consent to accepting an interest in the property, the Owners agree to indemnify and hold harmless for any claims, liability, fees, or similar charges related to ownership of an interest in the affordable housing units. Conveyance of the hereinabove described ownership interest from Owners to the APCHA shall take place prior to or concurrent with issuance of a Certificate of Occupancy for the units and after said units have been rendered capable of separate conveyance by way of condominium map or the similar (as described in paragraph 5, below). The APCHA shall not be entitled to the payment of monies upon sale 11 li li ll '11111 1 lilli 11111111 lili 498442 Page: 4 of 11 06/08/2004 10:13A SIlk'A CAVIS FI-KIN C)UNTY ~C 2 36.00 D 0.00 or rental at any time of any residential units in the Project, nor shall the APCHA be entitled to derive any economic benefit by virtue ofits undivided interest in the Project. Owner reserves the right to submit an alternative option, subject to review and acceptance by the City Attorney, to satisfy the rent control issue. b. Wastewater and Surface Drainage. The site development will meet the runoff design standards ofthe Aspen Municipal Code at Section 26.580.020(B)(6). Full soils reports, drainage plans, and erosion and sediment control plans for both during and after construction, will be submitted for review by the Engineering Department as part of the building permit application. The drainage and erosion control plan shall be prepared by a Colorado licensed Civil Engineer, and said plan shall demonstrate maintenance of sediment and debris on-site during and after construction. If a ground recharge system is necessary, a soil percolation report will be required to correctly size the facility. A two-year storm frequency should be used in designing any drainage improvements. Foundation drainage systems must be separate from site storm drainage systems. Rain and snow melt runoff must be detained and routed on-site. These facilities must be shown on the drainage plans and submitted for approval as part of the application for building permit. The drainage and erosion control plans shall prevent mud from getting tracked into the streets and shall demonstrate that roof drainage will not be discharged onto the sidewalk or into drain chases through the sidewalk. There shall be no clear water connections such as roof drains, foundation drains, or storm water connections to the Aspen Consolidated Sanitation District (ACSD) sewage lines. c. Building Permit Plan Requirements. In addition to such requirements enumerated elsewhere herein and otherwise required by the City of Aspen Building Department, the following information shall be submitted as part of the building permit application: 1. A copy ofthe Ordinance; construction dust and noise mitigation plan; 2. A list of all conditions of approval associated with the Project printed on the cover page of the building permit plans set; a completed tap permit for service with the ACSD; 3. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees; 4. A detailed ventilation plan ofthe parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems; 5. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line; 6. A detailed kitchen plan for approval by the City Environmental Health Department; and, 7. A study performed by a Colorado licensed Civil Engineer demonstrating how the 49844 1 1111111 11 lilli 111 lilli lil li Page: 5 of 11 06/08/2004 10:13A 6.LE:A C VIS FITKIN -JLATe i-) R 56.00 D 0 00 r j required excavation ofthe site may be performed without damaging adjacent structures and/or streets. I f the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department strongly prefers that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. d. Building Permit Issuance Requirements. In addition to such requirements enumerated elsewhere herein and otherwise required by the City of Aspen Building Department, the following shall be provided prior to issuance of any building permits: 1. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. 2. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to such agreement 3. Owners shall sign ashared sewer service line agreement with the ACSD. e. Utility Connections. Owners shall comply with ACSD rules and regulations; if new sewer lines are required, then existing services must be excavated in the alley and disconnected at the main sewer line. Owners shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Owners shall have an electric connect load surnmary conducted by a licensed electrician to determine if the existing transformer has sufficient capacity for the Project; if a new transformer is required, Owners shall provide for a new transformer, its location shall be approved by the Community Development Department prior to installation, and an easement shall be provided to allow for City Utility Personnel to access the new transformer. In general, all utility meters and service connection points will be accessible to service personnel in the completed project and will not be obstructed by garbage or recycling containers, other structures or vegetation. Any necessary and new utility easements, required for surface utilities such as a pedestal or other above-ground equipment, shall be shown on the plan set submitted for building permits. The Owners shall install and replace utility service lines and appurtenances, as required, to the standards of the utility provider. The costs of any necessary upgrades to existing utility lines, systems, and/or facilities attributable to the Project will be borne by the Owners. The Owners will use good faith efforts to not disrupt utility service to adjacent properties during construction. f. Fire Protection. Owners shall install an adequate fire alarm system throughout the structure to the extent required by the Fire Marshal. Owners shall also install a fire sprinkler system and fire extinguishers that meet the requirements of the Fire Marshal. Standpipes shall be installed within the stairwells. In addition, the water service connection to the sprinklers must provide an adequate flow of water to eliminate the need for a fire pump. g. Construction Management. Mud shall not be tracked onto City streets during demolitions. 06/08/2004 10:13A ~ 498442 Page: 6 of 11 S.Lk.A DAL. 3 6/Â·KIT. COLNTY CO R 53.00 D 0.00 A washed rock or other style mud rack shall be installed during construction as a requirement of the City of Aspen Streets Department. Construction materials shall not be stored in or on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. Construction is prohibited on Sundays and between the hours of 7: 00 p.m. and 7:00 a.m. on all other days. All City noise ordinances shall be abided by. A full set of construction management plans will be submitted by the Owners to the City as part of the building permit application and said management plan will include a noise, dust control, and construction traffic and construction parking management plans addressing at least the following: (a) definition of construction debris hauling routes and anticipated impacts on local streets; and, (b) construction parking mitigation where, except for essential trade trucks, no personal trucks are to be parked on public streets around the site, and shuttling in of personnel from the airport parking area is encouraged. h. Future Improvement District(s). Owners agree to join any future improvement district(s) formed for the purpose of constructing public improvements which benefit the property under a fair share assessment formula. Prior to the issuance of a Certificate of Occupancy for any part of the Project, Owners agree to sign a sidewalk, curb and gutter construction agreement and pay any applicable recording fees associated therewith. i. Lighting. Any and all outdoor lighting shall comply with the applicable portions of Section 26.575.150, Outdoor Lighting, ofthe Aspen Land Use Code, as may be amended from time to time. Owners shall install a non-reflective coating or use non-reflective glass on the fourth floor glass gazebo to reduce outward glare as much as possible, and opaque window coverings shall be installed inside the glass gazebo. j. Work In Rights-Of-Wav. Owners shall obtain a revocable encroachment license from the City Engineering Department prior to commencing any landscaping or improvements in the public right-of-way. With regard to excavation, water taps, landscaping, sidewalk, and roadway improvements in public rights-of-way, the following shall also be required: 1. Owners shall submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. Owners shall also schedule the abandonment of the existing water tap prior to requesting,a new water tap. 2. Alllandscaping in the public right-of-way shall meet the requirements set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of-Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. 3. Owners shall install two (2) ADA accessible sidewalk ramps. One ramp shall be constructed from the sidewalk onto Monarch Street and the other ramp shall be constructed from the sidewalk onto Durant Avenue. Owners shall install sidewalk, curb, and gutter that meet the City Engineer's required specifications along Monarch Street and Durant Avenue prior to issuance of a Certificate of Occupancy. A minimum radius oftwenty-five (25) feet from the flowline of the corner shall be maintained at Durant Avenue and Monarch Street. If Owners cannot provide a radius of twenty-five (25) feet from the flowline ofthe corner because they wish to maintain the existing Pine tree, then Owners shall provide the largest radius possible without damaging the tree. 498442 1 ililli lillillill ilillilli lill illill ill ilill lill lill 06/08/2004 10:13A Page: 7 of 11 SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0,00 4. Owners shall reconstriidâ‚¬-Ee--alteji-di-ifE<*4 Ran at the east end ofthe alley. k. Trees. Protection. Removal Permits. and Planting Plans. In the event required and prior to building permit application, a tree removal permit must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated. Owners shall install tree saving construction fences around the drip line of any trees to be saved, and with regard to such tree saving fences: (a) The City Forester or his/her designee must inspect this fence before any construction activities commence; and (b) No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 10 1. Parking and PM1 O Mitigation. Owners shall mitigate for PM by 1) providing a fleet of five (5) bicycles for use by guests and employees, by 2) providing a shuttle to and from the airport on demand of guests, 3) by providing free bus passes to lodge employees, and by 4) providing a fleet o f at least two (2) hybrid vehicles for use by guests and employees. Satisfaction of these 10 requirements shall be sufficient PM mitigation to satisfy all associated requirements of the Environmental Health Department. Two (2) of the surface parking spaces that are accessed off the alley shall be signed as thirty (30) minute parking for use by guests for the purpose of checking in. Priority to the occupant(s) of the affordable housing units shall be provided for use of four (4) of the on- site parking spaces; in the event that the occupant(s) of the affordable housing units do not own cars or desire use of the parking spaces, the parking spaces shall remain available for the general use of the Project's other occupants or guests. The ramp providing access to the subgrade parking garage shall have a width of at least twenty-one (21) feet. m. Water and Sewer. In addition to all other water and sewer related requirement enumerated herein, the following shall be required. Owners shall provide the Water Department with a detailed plan for relocating the fire hydrant that demonstrates that the water mains will be shut down during the relocation ofthe hydrant; this plan shall be approved by the Water Department prior to relocation of the hydrant. Owners shall install an oil and grease separator in the restaurant/bar that meets the Aspen Consolidated Sanitation District's regulations. The applicant shall also install an oil and sand separator for the indoor parking facilities. n. Asbestos. Owners shall notify the State prior to remodel, expansion or demolition of any buildings, including removal of drywall, carpet, tile, etc., and a licensed asbestos inspector must conduct an inspection. I f there is no asbestos, the demolition can proceed. If asbestos is present, a state licensed asbestos removal contractor must remove it. Owners shall report these findings to the Environmental Health Department and Building Department prior to the issuance of demolition and building permits. r . I 498442 ' ' Ill ill,1 Illill lill ilimilillilillimilli ilill liti ilil 06/08/2004 10:13A Page: 8 of 11 SILVIA DAVIS PITI~Lf.r.I_ CO _--3.-0.9---7 4, R 56.00 o. Pools and Spas. All design, installation, and maintenance ofthe pools and spas must comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations." p. Food and Alcohol Service. Owners shall obtain a Colorado Retail Food Establishment License prior to serving guests food that has been prepared on-site. Owners shall also obtain a liquor license prior to serving alcoholic beverages. Installation of a char broiler on the rooftop patio shall be prohibited. Any conversion to the use of the restaurant area shall require approval of a PUD amendment. q. Fees. Prior to issuance ofa building permit, all applicable tap fees, impact fees and building permit fees shall be paid. Cash-in-lieu of school land dedication shall be paid at the time of building permit issuance, the amount of said fees shall be determined by the City ofAspen Zoning Officer, and fees shall be assessed only for the affordable housing units being built. Park development impact fees are due and payable to the City of Aspen at the time of building permit issuance, and said payments shall be made on a proportional basis to the net number of bedrooms (lodging and residential) being constructed. Twenty-three (23) lodging bedrooms exist on the Property for purposes of calculating the net number of new bedrooms being developed in the Project. The park development impact fees due shall be calculated by the City of Aspen Zoning Officer. Both the cash-in-lieu of school land dedication and the park development impact fees shall be assessed based on the adopted standards/rates in effect at the time ofpayment. If an alternative agreement to delay payment of the Water Tap and/or the Park Development Impact fee is finalized, those fees shall be payable according to such agreement. r. Timeshare. Owners shall submit all timeshare documents and disclosure statements to the City Attorney for review prior to their recordation at the Pitkin County Clerk and Recorder's Office. Each owner of an estate shall have an undivided interest in the common recreational areas within the facility. All unsold timeshare units that are not used by Owners for exchange, marketing or promotional purposes shall be made available for short-term rent until purchased. Nothing in the timeshare documents shall prohibit short-term rental or occupancy of the units; it is the intent ofthis condition that the non-deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. 498442 \\1 1\- 1\- U mmu\\%\ \\\ m 06/08/2004 10:13A Page: 9 of 11 SILF.A CAK:E FITI<I, _ALRTY CO R 56.00 D 0.00 s. Sales Tax Revenue Audits. The City ofAspen Finance Department shall conduct an annual audit of the sales tax revenues that the City collects from the Project over its first five (5) years of operation, to determine ifthe projected revenues are accurate. Owners shall cooperate with the Finance Department in its annual audit efforts. 5. Colorado Common Interest Ownership Act (CCIOA). As soon as construction of the Project allows, Owners willlikely need to submit the Project to a plan for condominiumization created pursuant to Colorado Common Interest Ownership Act (CCIOA) in order to facilitate the conveyance of fractional shares and an ownership interest in the employee housing units to the APCHA. The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. As the Owners have provided employee housing pursuant to the Code, the Project is exempt from paying the Affordable Housing Impact fee. 6. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this Agreement and the Final Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the Owners to record the plat within one-hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration and approval ofthe plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by for a showing of good cause. The one-hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. 7. Financial Security for Public Improvements in the R.O.W. In order to secure the performance of the construction and installation of improvements in the public R.O.W. including landscaping, the Owner shall provide a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney prior to the issuance of any building permits for the project. The amount ofthe required financial security shall be 125% of the estimated cost of the improvements in the R.O.W. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satisfaction of the City within one year, the City may require the Owner to adjust the amount ofthe financial security for inflation. As portions of the civil site improvements in the R.O.W. are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release ofthe agreed estimated costs for that portion of the improvements, except that ten percent of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all of the improvements have been inspected and accepted by the City, (ii) a two-year maintenance . 1 i ml I m ullu tli milli til Im lli ntilliii . 06/08/2004 10:13A 498442 Page: 10 of 11 SILV A DAVIS PI-KIN COUNT" CO R 56.00 D 0.00 bond has been provided by the Contractor, and (iii) as-builts provided (if required). As portions of the landscaping improvements in the R.O.W. are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release o f the agreed estimated costs for that portion of the improvements, except for thirty-five percent (35%) of the estimated costs ofthe improvements. Of this thirty-five percent, ten percent (10%) shall be released by the City after (i) all ofthe landscaping improvements have been inspected and accepted by the City, and (ii) as-builts provided (if required). The remaining twenty- five percent (25%) ofthe financial security shall be retained by the City until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. In the event that any existing municipal improvements are damaged during Project construction, on the request of the City Engineer, a bond or other suitable security for the repair of the improvements shall be provided by the Owner to the City. 8. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners: MSE Aspen Holdings, Inc. c/o Michael S. Egan, President th th 110 SE 6 Street, 29 Floor Fort Lauderdale, FL 33301 With Copy To: Herbert S. Klein, Esq. 201 N. Mill Street, Suite 203 Aspen, CO 81611 To City of Aspen: City Manger 130 South Galena Street Aspen, CO 81611 With Copv To: City Attorney 130 South Galena Street Aspen, CO 81611 9. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 10. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. - 9 1111 1 11111111 111 111 lilli Iii -11 06/08/2004 10:13A - 49844Â£ Page: 11 of 11 -:iLLIA D.VIS PITKI ...ATY 'J R 56.00 D 0.00 ) 11. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, munigiABLcorporation A .9/ ,/Jff j Â£*DÂ»-,3UlÂ«- - ' 1 14172"- -- Kathryn Sjtocbkity Clerk Helen Klanderud, Mayor APPROVED AS TO FORM: 0410.LaÂ» ohn Worcester, City Attorney OWNERS: MSE ASPEN HOLDINGS, INC. By: bbfotsamlitgrti /12Â£1EiNEGAL- ~ Mic~hel S. EganÂ¢PreÂ¥i~ilt STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this2*Dday of<*0U-, , 200~by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk. U Witness my hand and official seal. .Vol, ..O, '43.f...~ My commission expires: C Ily[HIAN 1:jo i JACKIE \ ~tary Public dy..6. STATE OF FLORIDA ) 122~8F co# )SS. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this 7 day of ~AF 2004, by Michael S. Egan, as President of MSE Aspen Holdings, Inc. Witness my hand and official seal. **7. Mv commission expires: 41)5. 4,2006 1144-6 MARYaETH HONE 4,â€¢aA Notwy Public - State of Florida Nodry PublÂ¢/ ~IM 49~4 My Coimbion E*ires Aug 4,2008 c:\d~~ ear\D Bear Agreement .. Regular Meeting Aspen City Council June 23,2003 Councilwoman Richard moved to adopt Ordinance #23, Series of 2003, with the provision that the neighbors be consulted at the time of the soils survey with the engineer and that the fire marshal look at fire and safety access during any demolition and excavation time as well as the final development plan and that a building permit will not be issued for this unless the Residences application has been withdrawn Peterson asked what consulting with the neighbors on the soils survey means. Councilwoman Richards said the neighbors would like to give background and history when the soils Study is being looked at. Vann said the applicants are required to submit a soils evaluation to be reviewed by city staff. Vann said the condition states the applicants will comply with the recommendation of the soils analysis. Julie Ann Woods, community development department, said if the neighbors are not "consulted", where does that leave staff. Peterson said when the soils study is submitted, they will give the Falenders a copy. Peterson said he is not comfortable with the language "consulted". Councilwoman Richards withdrew her motion. Councilman Semrau moved to adopt Ordinance #23, Series of 2003, on second reading with the condition that prior to the issuance of a building permit or demolition permit, the application for the Residences at the Little Nell will be withdrawn and that the Falenders will be provided with a copy of the soils study and invited to comment; seconded by Councilwoman Richards. Roll call vote: Richards, yes; Ton'e, yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #29, SERIES OF 2003 - Dancing Bear PUD James Lindt, community development department, told Council this is a lodge preservation PUD to redevelop a site at 411 South Monarch street. Council is the final reviewing body of all land use requests for this site. Lindt showed Council where the site is, just west of Wagner park. The site is 12,000 square feet and is zoned LTR. There is currently a one-story lodge building with 23 bedrooms. This building has been vacant for the last 5 years. Lindt said the proposal is to demolish the existing lodge and replace it with an 11-unit time share lodge of 28 bedrooms. Each unit will have lock off capabilities. 15 4 Regular Meeting Aspen Citv Council June 23.2003 Lindt reviewed each floor of the proposal. The first floor has a lobby and check in area access from South Monarch street; a lounge/bar with patio seating; one 1400 square foot, 2 bedroom lodge unit; 2 affordable housing units of 2 bedrooms. The second floor contains 4 lodge units, two 1400 square feet 2 bedroom units; two 2800 square feet 3 bedroom units. The third,floor contains 3 2800 square foot 3 bedroom units. The fourth floor has 3 three bedroom units and a recessed patio. The fifth floor has a glass gazebo, which would have a hot tub and exercise area. Lindt said the applicant proposes 3 below grade levels. The first level has a garage access accessed from the alley, as well as a games and recreation area, and a storage area. There are 24 parking spaces proposed on site; 5 spaces at grade on the applicant's property. The second floor below grade contains the majority of the garage. The third floor below grade contains more storage for the owner' s personal goods, mechanical area and conference room. Lindt said the timeshare will be 8 shares per unit, 58 totals estates. The FAR is 3.25:1 and a height of 57 feet to the midpoint of the gazebo. Lindt told Council staff feels this is an appropriate use for the site. In the past this has been used as a lodge. This project will bring vitality to a very important corner in town. The applicant has proposed a good deal o f their affordable housing mitigation on site. The applicant has proposed greater than .7/lodge bedroom ofparking spaces, which is required by code. Lindt noted one concern is the height, which is proposed at 57 feet as measured by the land use code. Other lodges in that area are the St. Regiss which is 50 to 60 feet, the Mountain Chalet is low 50's. Three P&Z members felt the height was too extreme for the 28 feet as allowed in the LTR zone. Lindt told Council the upper floors are recessed to create a wedding cake effect, which helps lessen the mass. The building has been stepped down to the west towards the townhomes. Lindt said staff feels the massing is appropriate with the exception o f the turret. Lindt told Council the applicant proposed to use two spaces on Monarch as loading zones. Staff does not agree a lodge of 11 units needs a loading zone and added a condition that two alley spaces be signed as check-in parking. The third issue is the financial impact analysis to compare the proposed timeshare lodge with the tax revenues that would have been gained through lodge use. Lindt said the applicant's financial impact analysis shows there 16 4 Regular Meeting Aspen City Council June 23,2003 would not be a tax revenue loss through this fractional fee change. The city's finance director, Paul Menter, commented the projected nightly rental rates are too high and the analysis should be redone with a lower rate. Menter requested a condition that the city be able to do an audit after the lodge is operating. Mitch Haas, representing the applicant, reiterated this site has been sitting vacant for several years and has been years since it has contributed to Aspen's bed base. Haas said a boarded up building is sending an antithetical message to tourists regarding the economy and the vitality of lodges on the fringe of the commercial core. Haas told Council most potential purchasers of this property wanted to build residential townhomes. This owner is interested in developing something that will contribute to the vitality and economic sustinability of the town. The applicant proposes two above grade employee housing units. This development should raise occupancy levels and should attract new visitors to Aspen. Haas noted there are trash compactors and recycling facilities access off the alley. There will be a decrease of 1 lodge unit from the Aspen Manor; however, the bedrooms will increase from 23 to 28. There will be an increase of leasable commercial space on the property including a sidewalk patio cafd on the corner. Haas told Council the applicants propose to house 4.5 employees and the remaining fraction of employee will be mitigated by cash-in-lieu. The management and operation of the lodge will be done with an existing lodge or with a management company. Haas sid a strong architectural statement is important on this corner, right across from a large park. The perceived mass of the structure is broken up by different forms and modules, changes in exterior building materials, balconies, different window forms and shapes, and stepping the building back. Haas said they have tried for a classic wedding cake style building, the structure steps down in height to the west and the southwest corner of the lodge is only 25 feet above grade. The west side of the lodge is 3 stories as is the northwest and northeast corners of the building. The midsection o f the building is 4 stories. The 5th story gazebo sits in the center of the building. Tile building height has been lowered and the mass reduced through P&Z review. Haas told Council the height at the corner of Monarch and Durant is less than 32 feet without the turret. 17 Regular Meeting Aspen Citv Council June 23.2003 Haas said the height of the structure varies depending from where it is measured. The fluctuations are a function of the topography of the site. The highest measured height on a public right-of-way is at the northwest corner along the alley and it is 39'9";; the southeast corner 31'6" exclusive of the turret. The height is the gazebo is mitigated by using glass, by the stepping back of the surrounding levels and the fact it is setback 27 feet from Durant Avenue. This should not shadow streets or surrounding properties. The Wheeler Opera House view plane of Aspen mountain would not be compromised by this development. The overall height of Dancing Bear is lower than that of the St. Regis. The Mountain Chalet addition was approved at 52 feet to the midpoint of a pitched roof and allows 5 stories in that building. Haas sid given the site' s location and proximity to downtown and the transportation center, there should be little need for cars. There are 24 on- site parking spaces. The applicant commits to encouraging employees and guests to use alternative transportation. A fleet ofbicycles will be kept on site for guests and employees. There will be provision for airport shuttle by the applicant or by contract with another lodge who does airport shuttle. The applicant has committed to keeping a small fleet of hybrid vehicles for use by guests and employees. Haas said they hope to obtain LEEDS certification, which is a national green building program, and to come as close to possible of the gold level. Haas summarized this is will replace an eyesore, will add hot beds, and will revitalize the Durant/Monarch intersection. The applicants hope to set a precedent for green building; they plan of housing 4.5 FTEs on site. There will be over $ 1 million in direct tax generation in the first 5 years of operation. The project provides community facilities, is self sufficient for parking and storage and the project furthers the AACP goals with respect to small lodges, affordable housing, economic sustainability, growth and the environrnent. David Brown, architect, went over the materials and the architecture of the proposed building. Brown told Council they went through the guidelines in the fractional timeshare ordinance and have tried to incorporate everything the ordinances envisions. Mayor Klanderud opened the public hearing. 18 Reaular Meeting Aspen City Council June 23,2003 Cliff Weiss said this building is out of scale for the neighborhood. Weiss said he does not feel this size building will contribute to the community. Roger Haneman, P&Z member, said this project will bring more benefits to the community than the one Council just approved. Haneman said these applicants made a great effort to meet the requests of P&Z. Dale Paas, Limelite Lodge, said he is concerned about the economic viability o f the base of Aspen Mountain; however, he is very concerned about the economic sustainability of the Limelite Lodge. Paas said a massive building of this height and bulk will negatively affect the ability of the Limelite to rent rooms. Paas said this building does not blend with the neighborhood. Paas requested Council only approve 28 foot high building as allowed by the code. Stan Hajenga, manager Mountain Chalet, presented a letter from the owners o f the Snow Queen Lodge stating they are against the proposed height, which goes against the principles ofplanning in this area. Hajenga applauded that someone is trying to develop this corner. Hajenga said the city needs to look at a system that allows a building to fall into disrepair for 5 years. Hajenga said the proposed height will affect many neighbors and many businesses. Hajenga said when the Mountain Chalet addition went through the process, they had to meet the view plane requirements. This building does not meet the view plane requirements. Hajenga said he would like to see this corner redeveloped; however, this proposal is beyond the scale and height called for. Debbie Falender said she reviewed the PUD and other land use code ordinances. The PUD ordinances say height, mass, parking, and density should respect the underlying zoning. The underlying zoning here is 1:1 and the FAR for this proposed project is 3.25:1. The PUD ordinance also states that the property shall be clustered to preserve significant open space. Ms. Falender noted that does not mean a building should be built right up to the borders of the property. Ms. Falender said this is too big for town. Mayor Klanderud closed the public hearing. Councilwoman Richards sid she appreciates all the work that has been done; however, she cannot approve this plan. Councilwoman Richards noted there is discussion in the infill about creating more view planes and 19 Regular Meeting Aspen Citv Council June 23.2003 one of Shadow Mountain and this will block the view of Shadow Mountain. The building is taller than the surrounding pine trees. Councilwoman 31 Richards agreed she would like to see redevelopment on this lot; however, 4- this is overreaching. Councilwoman Richards said only 9% open space may ... work for a one story building but it does not work for a 5 story building. f ,7 Councilwoman Richards noted part of a PUD process is to look at a greater public benefit. This proposal does not add any extra affordable housing out of 36,000 square feet. Councilwoman Richards said this site is on the north side of Durant and has transitioned to a different neighborhood from the base of the mountain. Councilwoman Richards noted this building will be higher than the Elk's Club building. Councilwoman Richards said this is zoned LTR and one could construct 3 residential townhomes on this site, which would not contribute to the community either. Mayor Klanderud said she, too, has problems with the height, especially as it would block the view of Shadow Mountain. Mayor Klanderud said the I 1 turret makes the building interesting. Mayor Klanderud stated she would consider some height variance; however, this is much too high. Mayor Klanderud said she would prefer to see all affordable housing built rather than get cash-in-lieu for housing. Mayor Klanderud said she is concerned there are only 2 parking spaces for affordable housing. Mayor Klanderud agreed it is great something is being planned for this site. It is a critical block in Aspen. Brown said some of the benefits to the community are that this project will provide hot beds and will bring guests to Aspen with money to spend. Councilman Paulson agreed the structure is took tall. Councilman Paulson sid he likes the gazebo. Councilman Paulson said he would like to see the building shrunk. Councilman Paulson asked about the trees on site. Brown said they have met with city staff, who have identified 2 or 3 significant trees on Durant street that should remain. The applicants will cooperate with the parks to give them what they ask for. Haas told Council the large conifers are not appropriate for pedestrian traffic as they grow all the way to the ground. The parks department is recommending trees that are more easily walked under. Councilman Paulson asked what will keep a person from buying 6 or 12 months of one unit. City Manager Steve Barwick said that is covered in the city's timeshare ordinance, which he will have to Council at their next 20 ' I K Regular Meeting Aspen Citv Council June 23,2003 consideration of this application. Barwick said the city cannot guarantee how a building will be occupied but can guarantee that one person may not purchase all the weeks. Councilman SemI'au pointed out the infill ordinance would only allow 30 feet plus an additional 8 feet with special review and a historic TDR. # Councilman Semrau said agreed this is a great project in a great location but f r Al it is too big; the height and mass are out of scale for the site. Under the PUD process, the applicant has the responsibility ofproving a project is deserving of an exception. Councilman Torre asked what percentage o f the total square footage is actual lodge space and what is amenities, parking, storage. Brown said it is 50% net leaseable under the LTR definition ofnet leasable. Councilman Torre said there seems to be a lot of amenity space built in and there may be a way to lessen that, make the units smaller, and make the project smaller. All the amenities will make guests stay on property rather than go out in town and spend money. Brown said the intent of the amenities like the game room and movie theatre is to give families things to do. Brown said without the amenities, this is not a competitive project and would be under serious distress. Brown said there is not a square inch that could be removed without impacting the project. Mayor Klanderud noted when the Obermeyer project first came to Council, there was an outcry about the height. The design team came back with a project at the height requirement, which won broad support. Brown pointed out applicants are not allowed to talk to Council until the end of the process. It would be better to have a more collaborative process. Brown asked Council what would be the right height, the right mix, the right project. Councilman Semrau said the right use is family type lodging and the amenities are greer: however, the mass, scale and height are out of character. i Councilman Semrau said he feels 38 feet would be appropriate for the neighborhood. Mayor Klanderud agreed she could approve 38 feet. Mayor Klanderud said she would also like all employees housed on site. Mayor Klanderud said she likes the commitment to green development. Councilman Semrau moved to continue Ordinance #29, Series of2003, to July 28; seconded by Councilwoman Richards. All in favor, motion carried. 21 I Â¥ Regular Meeting Aspen Citv Council June 23,2003 Councilwoman Richards moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #55, SERIES OF 2003 - Obermeyer Temporary Use Chris Bendon, community development depaMment, told Council this temporary use request is for a real estate office to be located on the Obermeyer property. Bendon said staff does not see any issues with this request. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to approve Resolution #55, Series of 2003; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #56, SERIES OF 2003 - Mascotte Annexation John Worcester, city attorney, told Council this property is located at the base of Smuggler Mountain along Park Circle. The owner, Alain Degrave, owns lots 2 and 5 0 f the Aspen election subdivision, which are already in the city. City Clerk Kathryn Koch reported the posting and publication are in order. Worcester said there is 1/6th contiguity with the city and a community of interests exists. The area is capable ofbeing integrated within the city. The property has not been subdivided into separate parcels. 100% of the . property owners have consented to annexation. There are no other annexations pending. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Resolution #56, Series of 2003; seconded by Councilwoman Richards. Councilman Paulson said he would like a neighborhood map for second reading to make sure where this is located in reference to any possible master plan for Smuggler Mountain. All in favor with the exception of Councilman Paulson, motion carried. 22 Regular Meeting Aspen City Council July 28, 2003 activities, and delete re ference to conversion of lodge units, and construction management plan in #9; seconded by Councilwoman Richards. Roll call vote: Richards, yes; Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #5, SERIES OF 2003 - Code Amendment Infill Councilman Semrau moved to continue Ordinance #5, Series of 2003, to August 25;seconded by Councilwoman Richards. All in favor, motion carried. ~ORDINANCE #29, SERIES OF 2003 - Dancing Bear PUD James Lindt, community development department, reminded Council at the last public hearing, they stated the proposed project was too large and too tall. The applicant will present a revised design. David Brown, representing the applicant, showed Council the current design and told them they have taken off one floor. The first two stories are of stone, stepping back onto a shingled darker floor and above that is a greenhouse, gazebo and roof. The setback is 5 feet rather than 2 feet. Brown told Council the corner facing Monarch and Durant is 31 feet to the 3rd floor and 20'6" at the 2~d floor. At the alley for the main part of the building is 38 feet. The gazebo adds another 8 to 10 feet, which makes the building 44 feet at the midpoint o f the glass shed. The top of the highest elevator shaft is 46 feet. The building elevations at the street are 34 to 31 to 34 feet. Brown showed the first project as reviewed by P&Z, the recommendation from P&Z and the current iteration. The building is greatly reduced. The project is now 9 three-bedroom suites with lock offs for 18 keys. The building as is has 23 bedrooms; this will be an increase of 3 free market bedrooms. The lower levels have not changed since the last presentation. The 2 two-bedroom employee units are the same as before and are now twice the required mitigation. All the suites range from 1700 to 2200 square feet, averaging 2,000 square feet. The bar and restaurant is smaller than before. The second floor contains 4 suites and 4 lock offs. The 3rd floor has been stepped back so each unit has its own outdoor deck. The roof has solar collectors, gardens, hot tubs and gazebo. The height of the gazebo varies 10 Regular Meeting Asven City Council Julv 28.2003 from 43 to 45 at the highest point. Brown showed elevations from different points around the project. ' Mitch Haas, representing the applicant, noted the gazebo will be set back 17 feet from the Durant avenue faGade and 13 feet from Monarch street. Haas said the building is within the 38-foot height requested by Council except for the gazebo, which is transparent and sits inthe middle o f the building. Haas said this feature is necessary to set this project apart from other time-share projects. Haas said the gazebo does not add to the perceived height of the building. Haas said the height measure is not as important as the qualitative measurements. The gazebo placed at the corner of Monarch and Durant would fit within the height limits but it would not be a good design. Haas reminded Council the recently approved Hyatt is 46 feet with a ground elevation higher than this site. The Mountain Chatet was approved with a 52-foot height limit. Haas stated the applicants will make all efforts to achieve LEEDS certification and the gazebo will provide a perfect place for photovoltaic cells and capture of energy. The glass stairwell on Monarch is another location for passive solar gain for reuse. This corner needs revitalization. The project plans to add to the streetscape with the restaurant. The applicant plans to provide a hybrid vehicle for use by residents as well as bicycles. The applicant is providing 115% housing for employees when only 60% is required. Haas said they feel this will be a fiscal benefit to the city. This is a self-sufficient development for parking, affordable housing, economic sustainability and providing amenities on site. Lindt told Council staff feels this proposal meets community goals in bringing vitality to this location. The use is appropriate; this site has been tourist accommodations. The applicant has met their housing requirements. Lindt said this building is lower than other PUDs in the surrounding area. At the last meeting, Council indicated 38 feet would be appropriate on this site. Staff does not recommend asking for removal of the gazebo as it is set back far enough that it would not be a dominant feature of the building. The gazebo will be constructed out of translucent materials. , Council brought up the restaurant space at the last meeting and whether it will remain that lIse in the future. There is a condition in the ordinance to require a PUD amendment if the owners want to convert this space from a restaurant. Lindt reminded Council at the previous meeting they indicated one parking space/affordable unit was too few. The amended ordinance 11 Regular Meeting Aspen Citv Council July 28,2003 requires two parking spaces per two-bedroom unit. The applicant has requested leasing parking spaces in the public right-of-way for loading. Staff does not feel a 9-unit lodge would require loading spaces. The city engineer is opposed to leasing spaces in the public right-of-way. Paul Menter, finance director, pointed out not all tax information is available because the Aspen Manor has not been operating for the past 5 years. Menter said the applicant's fiscal analysis meets the code requirements. Menter told Council the condition on whether a fee is owed levers on the historical occupancy rate of the hotel. The original occupancy rate was estimated at 61%; the revised application is 51% as attested by the previous owner. The difference is whether a fee is owed or not. Menter concluded no fee is owed. Brown agreed there appears to be no fiscal impact to the applicant and this should be a cash generator for the community. City Manager Steve Barwick suggested for the future, Council consider a minimum occupancy rate for fiscal analysis amendment to this code section. Mayor Klanderud opened the public hearing. Susan O'Neal asked about the row of evergreens on Durant. Haas said the one on the corner and one other will be preserved; the parks department has asked the other trees to be removed and replaced with more appropriate street streets. Kathy Petner, 210 East Cooper, commended the applicants for their design, for stepping the building back, for the green development, for the extra affordable housing. Ms. Petner said she is concerned about the 46- M feet and the precedent this will set for future developments in this area. Ms. Petner asked if the gazebo will be used at night and will be lit. Brown said it will be glass and there will be window coverings in order to make this a green project. It will be lit and will be used at night. The gazebo will be used as an exercise room, mechanical equipment and lounge. Dale Paas, Limelight Lodge, said he is very concerned about keeping the scale of the neighborhood. Paas pointed out every time this project has come back for city review, it has been a better project. Toni Kronberg said she is concerned about the height. Visitors like the view o f the mountain. People do not want taller buildings. Ms. Kronberg said this is a special site as it allows views of Shadow Mountain from the malls and from Wagner Park. 12 r' >Ntâ‚¬w?f...>Â·t?,~ 6'; rk,Er....4 .. ..... rÂ·:ur*rot<*Â·Â·~JÂ·i,%5Â·b:&.e,;44 /....7/WÂ¢24=,24'*21:7;. .., b Regular Meeting Aspen Citv Council July 28, 2003 Mayor Klanderud entered into the record letters from Carol Saunders-White, . Jim Scull, and one from Andrea Clark all concerned with the height of the , t.\, project as well as light from the gazebo at night. r . Haas said condition #21 requires a PM10 mitigation plan to be reviewed by environmental health. Haas stated the measures they have already committed to the in the application are more than adequate and should be accepted as the PM10 mitigation plan. These measures are a fleet of bicycles, hydroelectric vehicles, airport shuttle, employee bus passes, and marketing the location. These are all representations of the application. Lindt told Council environmental health staff feels the applicant has gone above and beyond PM10 mitigation. Lindt suggested the condition be amended that the applicant meets the representations of their application. Mayor Klanderud requested these representations be listed in the condition. The applicant agreed. Haas brought up condition #31, the 4 parking spaces for affordable housing, and requested only 2 spaces be required. Haas said the applicants feel they are being penalized for providing more housing than necessary. Haas noted the memorandum states that cash-in-lieu of school dedication is not attributable to the time-share units but is for the affordable housing units. Herb Klein, representing the applicant, said they do not have a problem with the city finance department conducting an annual audit, but does have a problem that i f the city finds there is a shortfall, that they be obligated to pay some impact fee as determined by Council. Klein stated there is no provision in the code for this requirement. There are no standards for this requirement and this should have some study and legislation. Menter said what staff is most interested in is collection information. Barwick suggested adding language that this condition would only apply if the city adopts code amendment within the next year. Mayor Klanderud stated she does not have a problem deleting conditions #40. Councilmembers agreed. Klein requested a change in condition #41 about a "substantial" change to the restaurant; let the community development department decide whether G this is a major or minor PUD amendment. Council agreed. A Mayor Klanderud said when Council has required fewer on site parking spaces because employees will not use their cars has not worked. Councilwoman Richards agreed. Councilman Semrau said in this 13 Regular Meeting Aspen Citv Council Julv 28,2003 neighborhood, it would be a great service to have 4 parking spaces. Council agreed to require the applicant provide 4 parking spaces for the affordable housing. Councilwoman Richards said the city should not lease any spaces in the right-of-way on Monarch to this project. Councilwoman Richards pointed out this project is only providing 9% open space. Councilwoman Richards said she is concerned about reflections off the gazebo. Councilwoman Richards said she cannot accept the 4th floor. Where the gazebo is placed does not meet what the Council intended when they said 38 feet at the highest. Councilwoman Richards said she does like the changes in massing and in material. Councilwoman Richards stated she sees a separation between the north and south side of Durant and this structure would be setting a precedent for the south side. Councilman Torre said he is concerned that the on-site amenities will keep the guests on site rather than getting out into the community. Councilman Torre said the gazebo raises the heights beyond what Council envisioned. Councilman Torre said the project could have a hot tub and rooftop garden without the gazebo structure. Councilman Torre said he feels the applicants have worked hard on this iteration. Councilman Semrau agreed this is an improvement and an interesting design. Councilman Semrau agreed about not leasing parking in the public right-of-way. Councilman Semrau does not support a 4th floor but does support an architectural element that makes this an extraordinary building. Eliminating the gazebo would make it a more boring building. Mayor Klanderud said she, too, is concerned about the gazebo and whether it is appropriate in this location. The light and reflection are major concerns. Mayor Klanderud questioned the excavation of 3 floors below grade. Mayor Klanderud asked if this would be in the proposed Shadow Mountain view plane. Lindt said this would probably be located within the view plane; I however, it has not been drafted. Mayor Klanderud said she would rather see the hybrid vehicles eliminated. Brown said the gazebo is located away from the northwest corner because of concerns of the neighbor. The building is 38 feet at this corner and is 31 feet on the street side, Brown said the applicants feel the gazebo will make this space very special and could be used by the community for special events ~ 14 I . .... 1: u:'-fofÂ¢h?Â·QÂ«<k 'Â·~.Â·'$Â·Â· Â·47.-: V;? I Regular Meeting Aspen Citv Council July 28. 2003 and fund raisers. Brown said the sunlight reflection will be brief. The gazebo could be wrapped in fabric to cut down on this reflection or use non- reflective glass. Councilman Semrau suggested the size of the gazebo be reduced to 1500 square feet square feet. Councilwoman Richards stated the underlying height allowed in this zone district is 28 feet and going up to 38 feet is a significant variation. Going up another 8 feet is too much; the gazebo makes it appear as a 4th floor. Councilwoman Richards said she would not disapprove of uses on the roof but without the structure. Mayor Klanderud said this is a creative design with a good way to hide the mechanical equipment; however, she is concerned about the height. Councilman Semrau moved to continue Ordinance #29, Series of2003, to August 11; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #32, SERIES OF 2003 - South Aspen Street PUD ORDINANCE #33, SERIES OF 2003 - South Aspen Alley Vacation Councilman Semrau recused himself based on owning land within 300 feet of this application. James Lindt, community development department, told Council this final PUD review is for an application from Aspen Land Fund II to construct 14 free market and 17 affordable housing units on 3 parcels of land near the intersection of South Aspen and Juan streets. Sunny Vann, representing Aspen Land Fund II, reminded Council Savanah Limited Partnership received the original conceptual approval for this piece of property in 2001. Vann said he submitted a final application in 2002. The property has been for sale and the applicants asked staff to hold the final review until final disposition of the property. Vann told Coundil Aspen Land Fund II acquired this property December 2002, notified the community development department and asked them to complete the final application. Vann told Council this application is identical to the conceptual application except for minor changes made in response to neighborhood concerns. Councilwoman Richards asked about the reference to the applicants wanting I to build a hotel. Vann said Aspen Land Fund II purchased the property to build tourist accommodations at the base of the mountain. The applicants 15 Errin Evans From: Chris Bendon Sent: Monday, June 30, 2008 10:07 AM To: Dwayne Romero; J.E. DeVilbiss, Jack Johnson; Mick Ireland; Steve Skadron CC: Steve Barwick; John Worcester; Jim True; Jennifer Phelan; Errin Evans Subject: Dancing Bear City Council: Last week we received a few questions about the Dancing Bear development and their compliance with approvals. I met with the attorney for the Dancing Bear and the questions regarding the general public's ability to rent units on a short-term basis and the representations made in advertising materials. We reviewed the approvals, covenants, and the MLS listing. I also reviewed their website. The covenants specify a system for prioritizing ownership interests each year. After a particular unit's time interval is passed-up by the sequence of owner priorities, then the unit is available to all owners, after that the unit is rentable by the HOA and the HOA is obligated to make the unit available to the general public. According to the attorney, the units will be available by walking-up to the counter and phoning in and will be available thru SAS or a similar agency. The MLS listing did, at one point, indicate that the units were NOT short-termable. They corrected this and we reviewed the current MLS which now indicated that the units ARE short-termable. I did look at their website and didn't see anything that indicates really anything about short-term rentals. We did talk about the City's ability to audit performance at any point in the future and I believe they know that we'll probably check-in on them after they get up and running. My conversation with them confirmed earlier discussions between the Dancing Bear folks and Jennifer Phelan in our office and Jim True from the attorney's office. I believe they are in compliance with their approvals and are acting in good faith. And, I don't feel there is reason to prevent them from pursuing their amendment request with the P&Z (an interior change to the restaurant). Cheers, Chris Bendon, AICP Community Development Director City of Aspen 1 970.920.5090 www.aspenpitkin.com 1 Page 1 of 4 From: Eben Clark [epe@keelaw.net] Sent: Friday, September 21, 2007 3:20 PM To: 'Jennifer Phelan' Ce: 'Tom DiVenere' Subject: RE: Dancing Bear Clarification Attachments: DB Declaration Sections.pdf Hi Jennifer: Tom has asked that I respond to your email below and on this issue generally. I have discussed this in the past with Joyce Algiers when she was with the City, and we met and reviewed the documents as well. I suggest that you and I get together so we can walk through the documents, and I can show you how Dancing Bear ("DB") will satisfy all of the requirements of its approvals. In short, the Association and management of DB will control the rentals of all units, and those units will be made available to the public through the Association. To accomplish this, the Declarations for the Project and Association make all units subject to short-term rental by the Association and management, and forbid the individual owners from renting their unit themselves. I have attached hereto the pertinent provisions of the DB Declarations and have highlighted the key language. These provisions are identical to those initially submitted for City review, and similar provisions will be included in the rules and regulations. This system will allow the Association to track all available units, make those available for short term reservation or walk-in customers, and will promote orderly management of the space available. For example, it will concentrate the info on available units in one place and avoid the situation where an owner's outside rental and an "open market" rental conflict. In the short, it will most efficiently accomplish the goals of the City (short term availability and a hotel feel). The listing you are looking at shows the unit as not available for rental by the owner, because the individual buyers are not permitted to rent their units themselves. Again, only the Association and/or management has the reserved right to rent unoccupied units on a short-term basis on the open market. Unfortunately, there is no way to make this distinction in the standard MLS listing, because the MLS form is basically a "check the box" form. However, DB, as the seller, needs to make that crystal clear from the outset, so buyers do not later complain about the internal governing rules and those imposed by the City. I hope this helps to clarify DB's position on this. Again, I think it may be best for you and I to meet to discuss this. When Joyce and I met, I believe she got comfortable with this system. So, I think you will feel the same way. Please let me know when you are available to meet. Thanks, Klein, Cota & Edwards, LLC Iben P. Otark Eben P. Clark 201 N. Mill St., Suite 203 Aspen, Colorado 81611 Tel: 970.925.8700 Fax: 970.925.3977 email: epc@KCEIaw.net Visit our website at www. kcelaw. net CONFIDENTIALITY NOTICE: The information contained in this e-mail message may be attorney-privileged and confidential information. It is intended only for the use of the intended recipient(s) named above. If you are not an intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this communication in error, please immediately notify file://C:\Documents and Settings\errine\Local Settings\Temporary Internet Files\Content.O... 6/12/2008 Page 2 of 4 us by telephone (970-925-8700) or e-mail, and delete this e-mail message. Thank you. We do not guaranty that any files attached to this email are virus free; you should scan any attached files for viruses before opening them. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Jennifer Phelan [mailto:jennifep@ci.aspen.co.us] Sent: Monday, September 17, 2007 8:28 AM To: Tom DiVenere Cc: Eben Clark Subject: RE: Dancing Bear Clarification Tom: My apologies in neglecting to attach the pdf. Sincerely, Jennifer fen,rufer Ph,ela,re, Deputy Planning Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Tom DiVenere [mailto:divgrp@comcast.net] Sent: Sunday, September 16, 2007 7:22 PM To: Jennifer Phelan file://C:\Documents and Settings\errine\Local Settings\Temporary Internet Files\Content.O... 6/12/2008 0 - - Page 3 of 4 Subject: Re: Dancing Bear Clarification Jennifer. Thanks for your email. Unfortunately 1 did not receive the attachment to forward on to my marketing folks. Could you resend this with the attachment so we can understand fully what you have referenced. Thanks for your assistance. ----- Original Message ----- From: Jennifer Phelan To: Tom DiVenere Sent: Thursday, September 13, 2007 4:17 PM Subject: Dancing Bear Clarification Dear Tom: Thank you for your response to my email that you sent last week with regard to the Dancing Bear. Please note that we understand the concept of fractional ownership and the specific approvals that were granted to this project. Our difficulty with this matter does not involve a lack of understanding of the project. It involves your marketing efforts. I have attached hereto for your review the listing document that initially raised our concern. From your email it is clear that you expect to have a management company handle the rental function of the units for the owners and that makes sense. What we don't understand is the marketing techniques being used. For instance, on the second page of the attached PDF under the column referred to as "Rentals", your project states "No", while all but one of the others states "Yes" I assume that none of the other projects allow an individual owner to manage their unit, yet they clearly imply that rentals are available. The city staff believes this marketing seems, at least, confusing. We were not trying to suggest that you were attempting to intentionally mislead anyone; but, perhaps you can understand why we believe that there may be a problem with this marketing technique. We look forward to reviewing the timeshare documents required pursuant to paragraph 39, of Section 2, of Ordinance 29, when you get to that point. It is my understanding that those documents will address the rental requirements of the project. In the meantime, I would request that you provide us with an explanation of your marketing efforts and the representations made in the attached listing documents. Best Regards, Jennifer Jen,niAr Phelowl, Deputy Planning Director file://C:\Documents and Settings\errine\Local Settings\Temporary Internet Files\Content.O... 6/12/2008 Page 4 of 4 Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com file://C:\Documents and Settings\errine\Local Settings\Temporary Internet Files\Content.O... 6/12/2008 ARTICLE 11 MECHANICS' LIENS Section 11.1. Mechanics' Liens. Subsequent to recording of this Declaration and the filing of the Map in the Records, no labor performed or materials furnished for use and incorporated in any Unit with the consent of or at the request of the Owner or the Owner' s agent, contractor or subcontractor, shall be the basis for the filing of a lien against a Unit of any other Owner not expressly consenting to or requesting the same, or against any interest in the Common Elements except as to the undivided interest therein appurtenant to the Unit of the Owner for whom such labor chall have been performed or quch materials shall have been furnished. Each Owner shall indemnify and hold harmless each of the other Owners and the Associatiol, from and against any liability or loss arising from the claim of aIty mechanics' lien or for tabor performed or for materials furnighed in work on such Owner's Unit, against the Unit of another Owner or against the Common Elements. or any part thereof. Section 11.2. Enforcement bv the Association. At its own initiative or upon the written request of any Owner (if the Association determines that further action by the Association is proper), the Association shall enforce the indemnity provided by the provisions of this ARTICLE 11 by collecting from the Owner of the Unit on which the Ial,or was performed or materials furniahed thÂ© amount necessary to discharge by bond or otherwix any such mechanics' licn, to pay atl costs and reasonable attorneys' fees incidental to the lien. and to obtain a release of such lien. If the Owner of the Unit on which the labor was perfonned or materials furnished refuses or fails to indemnify within five (5) days after the Association shall have given notice to such Owner of the total amount of the claim, then the failure to so indertwify shall be a default by such Owner under the provisions of this Section 11.2. and such amount to be indemnified shall automatically become a Default Assessment determined and levied against such Unit, and enforceable by the Association pursuant to this Derlaration ARTICLE 12 USE RESTRICTIONS Section 12.1. Use of Unit.5. Except for uses reserved to Declarant in ARTICLE 14 entitled "Specid Declarant Rights and Additional Reserved Rights", all Residential Units shall be used for dwelling purposes only ami shall otherwise be used only in accordance with all Applicable Laws. Owners of the Residential Units may rent or 1case such Rcsidenlial Units to others for these purposes and may use their Residential Units for home occupations which do tiou causc unrea5onable disturbance to other Owners and which arc permitted by applicable zoning codes. * Notwithstanding anything to the contrary set forth in the Condominium Documents, Declarant shall have the right to rent all Units and Fractional Interests owned by Declarant. Subject to the mquirements of the Rules, the Commercial Units may be used for any Commercial Activity permitted by Applicable Laws and the Condominium Documents. Section 12.2. Use of Common Elements. Except as may be permitted in the [.imited Common Elements pursuant to the Condominium Documents. there shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements by any Owner without the prior written approval of the Association. Nothing shall tx: altered on, constructed in, or removed from the Common Elements by any Owner without the DMWIST E338282 4 23 member of the Association and shall remain a member for the period of his ownership. An Owner of a Fractional Interest shall be entitled to a vote, the size of which vote shall be based upon each Owner's undivided irtlenimi as teitant-in-common in the Residence. Voting by proxy shall be permitted. The Owners of Fractional Interests shall constitute a separate Class of Owners and Members in the Association for purposes of voting on all issues affecting the administration and management of the Residence Club. Section 21.7. RehÂ¥*anMand Duties. of the-Association. with: Respectito::Residolms, By way of enumeration and without limitation and in addition to the powers and duties of the Association provided for in the Declaration, the Association shall also have the following specific powers and duties with respect to Residences: (a) coordinate tile plans or Owners of Fractional Interests for moving their personal effects into and out of the Residences with a view toward scheduling such moves so that there wit! be a minimum of inconvenience to other Owners. (b) cause each Residence. the Amenities and any Limited Common Elements appurtenant solely to the Residences to be maintained in a first class manner and condition. the Association shall determine the color scheme, decor and furnishing of each Residence as well as the proper time for refurbishment, red,>cor:*tint and replacement thereof. (c) acquire and hold title to all Residence Furnishings. The Association shall, on behalf of atl Owners of Fractional Interests. hold title in its name to all Residence Furnishings and no Owner shall have any right, title or claim thereto and the Association shall have the right to deal with Residence Furnishings for all purposes. (d) maintain property insurance for covend causes of loss to the Residences. Residence Furnishings, the Amenities and Any Limited Common Elements appurtenant solely to the Residences, in an amount of insurance not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date and containing the required provisions set forth in Section 16.2. (e) bill each Owner of a Fractional Interest for the expense of occupancy of a Residence during said Owners' Residence Weeks. which the Association determines are the individual expenses of Ihe particular Owner including, but not limited to, tong-distanoc and other extraordinary telephone charges, charges for other products and services available through the Residence Club, extraordinary repairs or charge< for rlamage to the. Refidence, it* filrnititre, furnishings, equipment, fixtures, appliances and carpeting caused by an Owner of Fractional Interest or his guest, other charges rendered by the Managing Agent on behalf of the particular Owner. and property management and housekeeping service in addition to the standard maintenance and housekeeping service provided for each Residence Week and included within tile Residence Asscument provided for in this Article. (f) collect the Residence Assessment provided for in this Article. (g) establish, subject to modilidation at any time, publish and adminiffer a Reservation Proc,xtures as provided for in thi* Article and such other rules and regulations as the Association deems necessary or desirabl**pecifically including but not limited tb: (a) fines and DMWEST @63:38282 4 45 restrictions on use and occupancy it an Owner is not current on assessments or is otherwise in violation of the provisions of this Article; and (b) policies aud procedu~%*or the use. of * ResidÂ©eÂ©Â©s for tranaical accommodations Or othor lodgia*purposes dunng periods of non-use by *wnead.Bnctional Interests. . Ch) enter into contracts, leases, license agreements and other like agreements with respect to the operation, management, maintenance and benefits related to the Residence Club. (i} enforce the remedies for non-payment of the Residence Assessment set forth in this Article or in the Reservation Procedures. Section 21.8. ResiJenee Assesament. In addition to thÂ© Assessment for Common Expenses established by the Association to meet the Common Expenses of the Project, the Association shall also establish a separate Residence Assessment which will be assessed against Residences to cover the Assessment for Common Expenses for the Residence and the additional costs of operating the Residence pursuant to this Article. The Residence Assessment for each Fractional Interest may include but is not limited to. the following: (a) the allocated share of the liability for the Assessment for Common Expenses attributable to each Fractional Interest; (b) maintenance. and regularly scheduled cleaning and maid service and upkeep of the Residence, the Amenities and any Limited Common Elements appurtenant solely to the Revidences: (c) repair and replacement of the Residence Furnishings; (d) any additional premium for property or liability insurance occasioned by operation of the Residence Club; Ce) real and personal property taxes, if any, assessed against the Residences or the Fractional Interests; ff) management fees assessed by the Managing Agent to cover the costs of operating the Residence Club that arÂ¢ in addition to the management fees set by the Managing Agent for management of Ole Project: (g) a reserve for refurbishment and/or replacement of Residence Furnishings of personal property within the Amenities and of personal property within other Limited Common Elements appurtenant solely to the Residences: and Ch) any other expenses incurred in the normal operation of the Project attributable to operation of the Residences as part of the Residence Club not otherwise within the definition of Common Expenses provided for in the Declaration. The Residence Assessment shall be assessed and proratcd among the Owners of Fractional Interests on the basis of the Owner's Fractional Interest. The Residence Assessment DMWEST 00338282 vo 46 Association, including but not limited to, the right to participate in any vote or other detennination provided for in the Condon*nium Documents. Except as to a transfer to a First Mortgagee by foreclosure or deed in lieu of foreclosure, no transfer of a Fractional Interest shall be permitted unless and until the proposed transferor is current as to all Assessments due to the Association and is otherwise not in default under any other provision of the Declaration. Any purported transfer of a Fractional Interest while an Owner is delinquent or is in default on any other obligation shall be null and void. All of the remedies granted by the Condominium Documents. specifically including the spÂ®inc remedies provided for in this Article, are cumulative. and the exercise of one right or remedy by the A&sociation shall not impair the Association's right to exercise any other remedy. The Association shall not be limited to the remedies set torth herein and may invoke any other or additional remedies provided for or allowed by the Act, in law or in equity. The Association may pursue any of the remedies provided for in whatever order is determined by the Association. The failure by the Association to insist in any one or more instances upon the strict compliance with any provision of the Condominium Documents, to exercise any right or option contained therein, to serve any notice or to institute any action or proceeding. shall not be construed as a waiver or relinquishment of any such provision, option or right. Section 21.10. Cross Use Easements Pertaining to Fractional Interests. *11*Ehdfidital i Interests are subject to the following cross use easement rights and rescrvation procedures: Â· (a) Cross Use Easement Rights. In order to maximize the availability of space to fulfill Owners' desired use, subject to the provisions of Section 21.10(b) below relating to reservations, all comparable Residences shall be available for reservation. occupancy and use (the IUse Right Easement") by Owners of Fractional Interests in comparable Residences in the Project. Each Deed conveying a Practional Interest shall be deemed to include a reservation of this Use Right Easement benefiting all Owners of Fractional Interests in comparable Residences. (b) Reservation Procedures. All Owners of Fractional Interests shall be entitled to make reservations with the Association for the Residence Week(s), or portions thereof, the Owner desires to use pursuant to the reservation procedures from time to time established by the Association by rule and regulation (the "Reservation Procedures"). The Reservation Procedures shall specify the manner in which reservations are to be requested and confirmed. The right to reserve a Residence Week. if unused in any year, is lost and does not accruc. The Reservation Procedures shall contain such schedules, conditions, restrictions and limitations as are deemed necessary or desirable by the Association. The ARRociation may from dme to time, without Wic consent of the Ownerst or Eligible. First,Mortgagecs, amend the. Resen'ation Pfoeedures lo include. by way of enumeration and wilbout limitation,one or more of , the follmving btur5: (i) A preferential reservation system for holidays, such as New Year's Day, Martin Luther King Jr. Day. Presidents Weekend. Easter, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving, Christmas or other holiday period which allocates the opportunity to reserve the more popular holidays among tile Owners of Fractional Interests; DMWEST #6338282 vG 48 (ii) A procedure for determining priority of Iesel vatioil by lot drawing, rotation or othenvise on an annual or rotating basis; (iii) Restrictions on use and occupancy of a Residence Week if an Owner is not current on Assessments or is otherwise in violation of the provisions of the Condominium Documents; (iv) Penalties, including forfeitures of reservation rights for the Residence Year, for untimely cancellations or reservations; (v) Short termÂ·. *Servatioll4~D~ Br etherwise unre.>,erved Resi~i,m, Weeks Or Punions therÂ©of; 4 (Vi) A schedule of fees to be separately charged to Owners of Fractional Interests who use a portion of a Residence Week or who use a Residence Week on a space available or short term basis to cover the additionalexpenses of such use, including but not limited to, additional administfative, janitorial and maid s*rvice costs; (vii) Such other conditions, restrictions and limitations as the. Association shall deem necessary under the circumstances to assure a manageable and fair system. (c) Error by Association. In the event an error by the Association or Managing Agent deprives the rightful Owner or Occupant of the use and occupancy of a Residence or a comparable Residence during a Residence Week to which the Owner or Occupant has a confirmed reservation. the Association shall provide such Owner or Occupant a comparable Residence or pay the cost of alternate lodging for the rightful Owner and their gucals fur su many 24-tiout days o, pairs flicicof as such rightful Owner or occupant and thoir guests have been deprived of the use and occupancy of a Residence. The cost thereof shall be included in the Residence Assessment, unless chargeable to the Managing Agent pursuant to its contract for services. ARTICLE 22 NUSCELLANEOUS Section 22.1. Enforcement. The provisions of the Act and the provisions of the Condominium Documents may be enforced by any Person subject to this Declaration through proceedings at law or in equity against any Person subject to this Declaration that has violated or is violating or attempting to violate such provisions, all as more specifically set forth in the Act Section 22.2. Notices. All notices, demands, or other communications requimd or pennitted to he given hereunder shall be in writing. and any and all such items shall be deemed to have been duly delivered upon personal delivery; upon actual receipt, in the case of notices forwarded by certified mail, return receipt requested, postage prepaid; as of 12:00 Noon on the kinmediatcly following business day after deposit with Federal Express or a similar overnight courier service; or as of the third business hour (a business hour being one of the hours from 8:00 a.m. to 5:00 p.m. on business days) after transmitting by telecopier, facsimile, or electronic mail. DUNEST #6338282 v6 49 | ALL FIELDS DETAIL MLS # 100015 BEDROOMS Three Status Under Contract BATH8 Three Type Fractional Owners HALFBATHS One Address 411 S Monarch Street LOT SIZE Unknown CRY Aspen ACREAGE Unknown State CO GARAGE Assigned Zip 81611 PREÂ·FABRICATED HOMES No Area 01 CC-Cenlral Core Class RESIDENTIAL Asking Price $799,000 Sale/Rent For SaIe IDX Include Yes Virtual Tour. http:#no ~ GENERAL Realtor.com CON) No ListAgent , Pamela S Ross - (970) 618-5900 Listing Office 1 Dancing Bear Realty, LLC - Cell (970) Compensation - TB 3% 618-5900 Compensauon - BB 3% Variable (WN} No Flat Fee (WN) No Umited Service (Y/N) No MLS Entry Only CON) Yes Listing Date 7/28/2007 Expiration Date 12/31/2008 Owner DB Capital Hotdings, LLC Sub/Loc None Legal Dancing Bear PUD PUD County Pitkin Zoning # of Acres 0.00 Lot 8QFT 0 Lv. Ht. SQFT 2000 Short Termable CON) No Furnished CONip) Yes Under Construction (WN) Yes Year Built 2006 Schedule # TBD Parcel # TBD Directions SW and NW corners of Durant and Monarch Streets OH Market Date 8/13/2007 Update Date W14/2007 Status Date 8/14/2007 HotSheet Date 8/14/2007 Price Date 7/28/2007 Input Date 7/28l2007 Associated DocumentCount 0 Original Price $799,000 Days On Market 16 Price/LvHSQFT $399.60 |FEATURES LAUNDRY FACILITY FIREPLACE WATER RIGHTS LOCATION AMENmES Room Gas No Corner Lot STYLE More Than One DOCUMENTS ON FILE SIGN Â· Contemporary PARKING AREA CC&Rs Yes CONSTRUCMONfEXTERIOR Assigned Financlals UNIT FACES Stone POSSESSION HOA FEES INCLUDES North SUBSTRUCTURE DOD Cable South Finished Basement EXTRAS Contingency Fund East ROOF Cable T'V Unit Electric West Metal Elevator Grounds Maintenance SHOWING INSTRUCTIONS CONDITION Handicap Access , Unit Heat Call Listing Office New Hot Tub/Spa Insurance MAIN LEVEL HEATING Landscaping . Management - 3 Bedrooms Forced Air Lawn Sprinklers Sewer Living Room Radiant Patio/Deck Snow Removal Dining Room ELECTRIC Security System Trash Removal 10tchen Yes TERMS OFFERED Water 3+Rams GAS Cash HOA AMENITIES 1/2 Baths Natural Gas New Loan Conference Facility Laundry/Utility Room WATER AGENCY Club House City Exclusive Agency Front Desk COOUNG Exclusive Right to Sell On-Site Management Central A/C MINERAL RIGHTS Pets Ailowed/Owner SANITATION No Locker Ski - Storage Sewer Bus/Shuttle Service ~ FINANCIAL Taxes Inc in HOA Tax Year 2006 Transfer Tax (Y/N) Yes HOA Fees {$#Per) TBD Special Assessment no Earnest $ 10% 1 . Aipâ‚¬Â» BEAL Qb.bki-25 COklh*Â»- 2 - ... FRACTIONAL OWNER~~IP*lit :5. . % Seems like everyone wants to own a piece of Aspen these days and#actional ownership is making it easier to buy a piece of Aspen. This immensely popular real estate concept allows one to own a significant share of a multi-million dollar home or stunning condominium at a.#action of the cost Of,/Wl ownership. Fractional owners oj~en enjoy a myriad ofamenities such as spas, concierge services,~ine restauranti private club membership, and daily maid service. Enjoy your deeded interest ov these wondedwpactional ownership condominiums. Below is a btiefoverview ofthe projects available in the Aspen area. Please contact us at 970/920-2006fbr more detailed information. Projects Units/Memberships Share Size Weeks Rentals Amenities Reciprocal Pets Bedroorns & Sq. Ft Allowed Allowed Use Arrangements Allowed Dandng Bear 19/152 1/8th 6 weeks; No 3 hot tubs None Yes 3 bedroom units 2 summer, 2 winter, rooftop deck ranging in size from additional weeks on a owners' lounge 1,750 to 2,200 sq. ft space available basis recreation rooms + additional days media room fitness room massage room Hyatt 50/1000 1/20th 1 fixed week Yes heated outdoor pool 11 other Hyatt No Grand Aspen 12,3 and 4 + 10 floating days hottubs Vacation Clubs bedroom units . fitness club over 200 Inserts ranging in size from worldwide 912 to 3450 sq. ft. Innsbruck 17/204 1/12th 4 weeks; 3 prime Yes heated resistance pool Club Intrawest Yes 1 and 2 bedroom units + l shoulder week, hottub Royal Resorts ranging in size from + space available exercise room InnSeason Resorts 800 to 1,185 sq. ft and more The 26/208 1/8th 4 weeks minimum; Yes heated outdoor pool None Yes Residences at 3 and 4 bedrooms 2 winter, 2 summer, het tub The Little Nell ranging in size from 2 on a first-come/ fitness center 2,750 - 3,700 sq. It firb.t served basis + space available The 73/876 1/12th 4 weeks; Yes pool Bachelor Gulch Yes Ritz-Carlton 2 and 3 bedroom unit 3 in prime summer hottub Jupiter Club ranging in size from and winter fitness room San Francisco 1,340 to 3,700 sq. 1 spa treatment rooms South Beach St. Thomas Roa ring Fork 48/288 1 / 6th to 60 days per year Yes golf None Yes Club 3 bedroom cabins a whole including tennis courts (2,400 sq. ft.) share 4 prime weeks fitness center 12 suites 2 summer, 2 winter, 2 treatment rooms + as available ~ outdoor pool St. Regis 25/275 1/llth 28 days, some with Yes heated outdoor pool 750 Starw6od dogs Residence 2 and 3 bedroom units fixed weeks available hottubs hotels and resorts only Club ranging in size from Remede spa in 80 countries 1,700 to 2,200 sq. ft. The Timbers 28/224 1/8th 4 weeks; No heated outdoor pool Esperanza Yes Club 3 bedroom units 2 winter, 2 summer hot tubs Cabo San Lucas 2,000 sq. ft. + as available health club The Rocks Scottsdale The 51/357 1/7th 4 weeks; Yes 4 pools Sandestin, owner's Residences at 2,3,4, and 5 bedrooms and 2 winter, 2 summer hottubs Mt, Tremblant pets Snowmass 1,400 to 3,400 sq. f t. 1/8th + as available 19,000 sq. ft. - Lake Tahoe only Club . athletic club Whistler massage rooms IAÂ· MEMORANDUM TO: Planning and Zoning Commission (fv FROM: Errin Evans, Current Planner~/ THRU: Jennifer Phelan, Deputy Community Development Director DATE OF MEMO: June 10, 2008 MEETING DATE: June 17,2008 RE: 411 S. Monarch Street - Planned Unit Development Amendment, Commercial Design Review, Growth Management Quota System Review APPLICANT /OWNER: STAFF RECOMMENDATION: Dancing Bear Land, LLC Staff recommends that the Planning and Zoning Commission approve the request to enclose the two REPRESENTATIVE: outdoor seating areas. Eben P. Clark, Klein, Cote and Edwards, LLC SUMMARY: The Applicant requests of the Planning and Zoning LOCATION: Commission to approve the PUD Amendment, Civic Address - 401 S. Monarch Commercial Design Review and the Growth Street; Legal Description - Lots P, Q, Management Quota System review. R and S, Block 77, City and Townsite r W f I .., of Aspen; :4 .....,3 ...,9. .:d Parcel Identification Number - 2735- -E. < 45 182-19-002 *r- r. CURRENT ZONING & USE 2,/404*_00~ 1 hâ€¢4. Located in the Lodge zone district with '& D #fri"/711*11 a PUD overlay containing a timeshare . 4 ek lodge development currently under , I -Ld- construction. i. R .. 22%,WRI"*miff,&./.kik.*Â·:Â· 14... . . PROPOSED LAND USE: The Applicant is requesting to enclose 6.*.....y, Â· ,/ ' .. I two outdoor seating areas. Photo of the subject property Revised 6/12/2008 Page 1 of 11 ' 'I ' ' p :r.~ /, 7 411 S. Monarch Street .64 f i -AL ifi 1 -f= *11' --'I- 3 i f. PUD Amendment Application 4 1424 4 , 1 i .2 0012.2008.ASLU .' J h ALP /0 1 %-I i.ill i j 'J+-1 -1- i 1 :4 --'*Â»4 i I il- Â·r 1 1 1 1 77' ...;1 1-h i Â·j j i 1 1 1 j j 1 4 11-7 4-4,3 1 1 1 l l' i i" i<~: ..4 , ' Â·. J : L.A l J F 1-11111 1 C FFILT,--11-1 1 1 - V\,bgner P * i #' 'l '' ? 7 *4 -<3 lilli 1 J - / ' :... p--= 1 1 3 1 1 -r,- <L-LJ 1 4 1 f f 1 1 ~f-- -f- 7- r '3 1 1 h 4- 3 1-47.%%'.22*.L.* 323324.74 4 U- 111 S. Mon~rch Street C~ - 1 , 7Â»-4.' E DURANTAVE j' i i i~- rn-Â·.--.<-4 4_lUN f/j l./ f r- -01-.u- 1,1 #77 7-Â·pt---tu / , - >41.6/ 1 / / / P 4,441 %IF -~*-..1 :it 11 ; 4 i i j j , 7 -*-7---* i 1 . : i : 2 k _u.*.! 1 1 2 7-52~2-9 fiI i i : - RifkÂ»C--fi ~_~- 1 j i I [~~1-T.-,-rl -Lui Illjk f I J ht.,29&45~1 h.-2.... ' Figure 1: Vicinity Map BACKGROUND: The applicant proposes to enclose two outdoor seating areas on a previously approved project, the Dancing Bear Lodge, that is now currently under construction at 411 S. Monarch Street (See Application - Exhibit B). The change is minor in nature; however, three different approvals are required. The required approvals include a PUD amendment, Growth Management Quota System review and Commercial Design Review. The Dancing Bear Lodge received approval by Council on August 11,2003 by Ordinance No. 29 of Series 2003. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission to enclose two outdoor seating areas on the Dancing Bear Lodge: â€¢ Growth Management Review for Expansion or New Commercial Development for an increase in commercial net leasable area of 386 square feet pursuant to Land Use Code Revised 6/12/2008 Page 2 of 11 SO# ST f--.rÂ·f,St? k" S Section 26.470.080 (1). (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). â€¢ PUD Insubstantial Amendment pursuant to Land Use Code Section 26.445.100 A. This application qualifies for an insubstantial amendment which can be handled administratively; however, this review is being combined with the land use reviews. This review may be approved, approved with conditions, or denied by the Planning and Zoning Commission at a public hearing. â€¢ Commercial Design Review for a change to the original design that received final approval. As pursuant to Land Use Code Section 26.412.080 (A), "An insubstantial amendment to a Commercial Design Review approval granted by the Planning and Zoning Commission may be granted by the Community Development Director if: a. The change is in conformance with the Design Standards, Section 26.412.060, the change represents a minimal effect on the aesthetics of the proposed development, or the change is consistent with representations made during the original review concerning the potential changes, of the development proposal considered appropriate by the decision making body: and b. The change requires no other land use action requiring review by the Planning and Zoning Commission. Since this application requires other land use actions that are under the purview of the Planning and Zoning Commission it does not qualify for an insubstantial amendment, which is handled administratively; however, under Code Section 26.412.040, the Community Development Director may consolidate or modify the review process accordingly. Due to the scope of the request, the application will be reviewed as a Final Design application. GROWTH MANAGEMENT REVIEW: Enclosing the two proposed outdoor seating areas will result in an increase o f 386 square feet of net leasable commercial space. When the increase in net leasable area is greater than 250 square feet, the application cannot meet the qualifications for administrative review. This application falls under the requirements of Code Section 26.470.080 - Major Planning and Zoning Commission Applications (1) Expansion or New Commercial Development. If approved, this application will require employee generation mitigation pursuant to Code Section 26.470.100, Growth Management Quota System Calculations. The increase of 386 square feet of net leasable space means that 0.95 employees will be generated as a result. Every 1,000 square feet of new Net Leasable Area commercial space in the Lodge zone district generates 4.1 employees. The mitigation calculation, using 2008 fees, is as follows: 386 square feet / 1,000 square feet = 0.386 0.386*4.1 employees per 1,000 square feet = 1.58 employees Revised 6/12/2008 Page 3 of 11 1.58 * 60% as per Section 26.470.050 (B) (5) = 0.95 employees Since this is less than one employee generated, the applicant is permitted to make a cash-in-lieu payment. 0.95 employees * $130,213 (Category 4 fee) = $123,702.35 The Planning and Zoning Commission, based on a recommendation from the Aspen/Pitkin County Housing Authority has the authority to permit cash-in-lieu payment for mitigation of less than one employee. This is the third option listed on the recommendation that was submitted. (See Exhibit B). Staff finds that Option 3 is the only one that the City has the ability to request as per the Code requirements. The applicant has provided more units than were required for the original approval. The two additional units above the requirements are provided on site. The approval of this application will result in deductions from the Annual Development Allotments and Development Ceiling Levels for 2008 for commercial development. There have been no allocations granted yet for 2008, as a result, there are 33,300 net leasable square feet available. This application meets the review criteria for general requirements for Growth Management Review. Please refer to Exhibit A for staff findings of the review criteria. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL AMENDMENT REVIEW: The proposed amendment to the Planned Unit Development is found to be consistent with the approved final development plan by staff. This qualifies the proposed project for approval, approval with conditions or denial by the Planning and Zoning Commission at a public hearing. The change proposed by the applicant is relatively minor. During the application process when the Dancing Bear PUD was created, concerns were focused on the massing and height of the building. The minutes from those meetings are included as Exhibit C. The proposed enclosure will be consistent with the original approvals. A Floor Area Ratio of 2.98:1 was approved in the final development approval. Currently the project has a F.A.R. of 2.28:1 and the proposed project will result in an F.A.R. of 2.32: 1, well below what was approved. COMMERCIAL DESIGN REVIEW: As part of the land use review, the Applicant is requesting Commercial Design Review approval for the proposed changes to the structure. The application must meet Section 26.412.060 of the Land Use Code regarding Commercial Design Standards. The area proposed to be enclosed is currently under an overhang and not open to the sky. These areas are not considered open space by definition of the City' s Land Use Code. Utility, delivery and trash services will not be impacted by the proposed amendment to the structure. These items have been approved in the original PUD and meet the standards. The application must also comply with the guidelines within the Commercial, Lodging, and Historic District Design Objectives and Guidelines. The project is located in the Commercial Character Area. The Commercial Character Area has some design objectives and guidelines that the proposed amendments to the building must meet. The previously approved Planned Unit Revised 6/12/2008 Page 4 of 11 Development will still meet these objectives after the proposed amendment is added to the structure. Changing the proximity of the seating area to the sidewalk may encourage a more defined street wall and more defined edge towards the street. This may be a better use of the space by bringing the customer activity into sight of the streetscape rather than recessed under the overhanging part of the building away from street activity. There is space remaining to accommodate outdoor seating in the summer months on the south side of the building. The proposed enclosed seating will bring the activity closer to the sidewalk in the winter months. The same building materials will be used as are used throughout the rest of the project. Large windows will be the dominant new feature. REFERRAL AGENCY COMMENTS: The Aspen/Pitkin County Housing Authority requested that the applicant update the fee calculation to reflect the new 2008 fees. RECOMMENDATION: While reviewing the proposal, staff believes that the application is generally minor in nature. It is consistent with the final development approval of the Dancing Bear PUD. It does not substantially change the exterior of the building, the same materials will be used and outdoor seating will still be available for restaurant patrons. Community Development Department staff recommends that the Planning and Zoning Commission approve the Growth Management Review, Planned Unit Development Amendment, and Commercial Design Review requests. RECOMMENDED MOTION: Ifthe Planning and Zoning Commission chooses to approve the proposed amendments that they may use this motion "I move to approve Resolution No. _, Series o f 2008, approving with conditions, the Growth Management Review, the Planned Unit Development amendment and the Commercial Design Review to enclose two outdoor seating areas at 411 South Monarch on the Dancing Bear Lodge (Lots P, Q, R and S, Block 77, City and Townsite of Aspen)." ATTACHMENTS: Exhibit A - Staff Findings Exhibit B - Aspen/Pitkin County Housing Authority Referral Exhibit C - Meeting Minutes from Aspen City Council (June 23,2003 and July 28,2003) Exhibit D - Application Revised 6/12/2008 Page 5 of 11 EXHIBIT A 26.470.050 General Requirements for the Growth Management Ouota Svstem All development applications, for Growth Management Review shall comply with the following standards. The review body shall approve, approve with conditions, or deny the application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development. There are sufficient allotments to allocate to the proposal. There have not been any allocations of Commercial net leasable square footage. Each year there are 33,300 net leasable square feet available. This proposed development is requesting an allotment of 386 square feet. Sta#finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. The AACP states that the intent of the Economic Sustainability theme is to "Maintain a healthy, vibrant and diversified year-round economy that supports the Aspen area community. Increasing the amount of seating that is available in all four seasons will help contribute to a year-round economy. There will still be outside seating available after the enclosure is complete. Stajffinds this criterion to be met. 3. The proposed development conforms to the requirements and limitations of the zone district. The proposed portions of seating to be enclosed are currently covered areas. The building footprint will not be altered. The proposed project meets all the dimensional requirements Lodge zone district requirements. The additional net leasable space will require an amendment to the total stated in the approved ordinance for the Planned Unit Development. Stajffinds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design approval, and the Conceptual Planned Unit Development approval as applicable. The proposed project is consistent with the Conceptual Design approval and the Conceptual Planned Unit Development approval. The main concerns for the original development were building height and mass. It was also noted that it would be optimal to increase the open space on this property. The seating that is proposed to be enclosed is not considered open space because it is a currently covered area. Conceptual Historic Commission approval does not apply to this project. Stajffinds this criterion to be met. 5. Unless otherwise specified in this chapter, 60% of the employees generated by the additional commercial or lodge development are mitigated through the provision of affordable housing. The applicant has opted to pay cash-in-lieu to mitigate the employees generated because the employee generated is a fractional employee. The original development provided more employee housing than was required at the time of the first approvals. The housing Revised 6/12/2008 Page 6 of 11 department has requested that the applicant update the calculation to use the new 2008 fees. The increase of 386 square feet of net leasable space means that 0.95 employees will be generated as a result. The project proposes 386 square feet of new Net Leasable Area Commercial space. Every 1,000 square feet of new Net Leasable Area commercial space in the Lodge zone district generates 4.1 employees. The mitigation calculation is as follows: 386 square feet / 1,000 square feet = 0.386 0.386*4.1 employees per 1,000 square feet = 1.58 employees 1.58 * 60% as per Section 26.470.050 (B) (5) = 0.95 employees Since this is less than one employee generated, the applicant is permitted to make a cash- in-lieu payment. 0.95 employees * $ 130,213 (Category 4 fee) = $123,702.35 Stafffinds this criterion to be met. 6. Affordable housing Net Livable Area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least 30% of the additional free-market residential Net Livable Area, for which the finished floor level is at or above Natural or finished grade, whichever is higher. This is not applicable as a cash-in-lieu payment is proposed. Sta#finds this criterion to be met. 7. The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. This project will only place minimal additional demands on the public infrastructure, The proposed area to be enclosed was intended for outdoor seating. If approved, the seating will be interior to the building. Stalffinds this criterion met. Revised 6/12/2008 Page 7 of 11 EXHIBIT A (Continued) Planned Unit Development Amendment Review 26. 445.100 PUD Insubstantial Amendments An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: (stafffindings are in italics) 1. A change in the use or character of the development. The proposed amendment is enclosing an area that was previously designated for outdoor seating. The use will not change; the seating will become interior to the restaurant. Sta#finds this criterion to be met. 2. An increase by greater than three percent in the overall coverage of structures on the land. The site coverage that was approved in the final development plan will not be altered. The area to be enclosed is located under an overhang. The building footprint will not change. Sta#finds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. There are no additional impacts predicted to existing infrastructure. Staff finds this criterion to be met. 4. A reduction by greater than three percent of the approved open space. The area to be enclosed does not meet the definition of open space because it is located under an overhang. Sta#finds this criterion to be met. 5. A reduction by greater than one percent of the off-street parking and loading spaces. The off-street parking and loading will not change from the original approval. Staff fnds this criterion to be met. 6. A reduction in required pavement widths or right-of-way for streets and easements. The pavement widths and right-of-ways will not be affected. Staffjinds this criterion to be met. 7. An increase of greater than two percent in the approved gross leasable floor area of commercial buildings. This is not a commercial building. This does not apply. Sta#finds this criterion to be met. 8. An increase in greater than one percent in the approved residential density of the development. There are no residential units in this development. The units are timeshare lodge rooms. Staff finds this criterion to be met. Revised 6/12/2008 Page 8 of 11 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed amendment is a minimal change from the approved site plan. The applicant predicts that pedestrians will have increased interactions with the patrons on site for a longer portion of the year as a result of the enclosure. Indoor patrons will be more visible from the street because they will be in closer proximity and they will still have interactions with the remaining outdoor seating area. The pedestrian circulation will still have an interactive relationship with restaurant patrons in the remaining outdoor seating areas and the indoor seating areas will be more visible because they will no longer be located under the overhang. There will still be outside seating available after the enclosure is complete. Stafffinds this criterion to be met. Revised 6/12/2008 Page 9 of 11 EXHIBIT A (Continued) 26.412.060 Commercial Review Design Guidelines As part of the land use review, the Applicant is requesting Commercial Design Review approval for the proposed changes to the structure. The application must meet Section 26.412.060 of the Land Use Code regarding Commercial Design Standards. The Commercial Design Standards include: 1. Public Amenity Space. Creative, well designed public places and settings contribute to an attractive, exciting, and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to the public right-of-way or private property within commercial areas. Staff Finding - The area proposed to be enclosed is currently under an overhang and not open to the sky. These areas are not considered open space by definition Of the City's Land Use Code. Stajffinds this criterion to be met. 2. Utility, Delivery, and Trash Service Provision Staff Finding - Utility, delivery and trash services will not be impacted by the proposed amendment to the structure. These items have been approved in the original PUD and meet the standards. Stafffinds this criterion to be met. The application must also comply with the guidelines within the Commercial, Lodging, and Historic District Design Objectives and Guidelines. The project is located in the Commercial Character Area. The Commercial Character Area has some design objectives and guidelines that the proposed amendments to the building must meet, including: Design Obiectives. These are key design objectives for the Commercial Area. The City must find that any new work will help to meet them: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. 2. Maintaining a retail orientation. 3. Promote creative, contemporary design. 4. Encourage a well defined street wall. 5. Reflect the variety in building heights seen traditionally. 6. Accommodate outdoor public spaces while establishing a clear definition with the street edge. 7. Promote variety in the street level experience. Staff Finding - The previously approved Planned Unit Development will still meet these objectives after the proposed amendment is added to the structure. Changing the proximity of the seating area to the sidewalk may encourage a more defined street wail Revised 6/12/2008 Page 10 of 11 and more defined edge towards the street. This may be a better use of the space by bringing the customer activity into sight of the streetscape rather than recessed under the overhanging part of the building away from street activity. There is space remaining to accommodate outdoor seating in the summer months. The proposed enclosed seating will bring the activity closer to the sidewalk in the winter months. The same building materials will be used as are used throughout the rest of the project. Large windows will be the dominant new feature. Stafffinds this criterion to be met. 1. Street and Alley System. The street and alley configuration will not be alfected by this proposed amendment. Staff finds this criterion to be met. 2. Parking. The parking will not be affected by this proposed amendment. Staff.finds this criterion to be met. 3. Public Amenity Space. The proposed amendment will not alter the approved open space. The outdoor seating areas to be enclosed are not considered to be open space because they are located under overhangs. Stafffinds this criterion to be met. 4. Building Placement The building footprint will not be altered by the proposed amendment. Stafffinds this criterion to be met. 5. Building Height, Mass and Scale The building height, mass and scale were an issue during the original approval process. The proposed amendment does not alter height, mass or scale in this case. Stafffinds this criterion to be met. Final Review Design Guidelines 1. Building Design and Articulation The building design and articulation will not be signifcantly altered as a result of the proposed amendment. Sta#finds this criterion to be met. 2. Architectural Materials The proposed amendment will incorporate the same building materials as the rest of the approved project. Large windows will be the dominant feature in the enclosed area. Stafffinds this criterion to be met. 3. Paving and Landscaping The paving and landscaping will not be altered from the final approved development plan. Stafffinds this criterion to be met. Revised 6/12/2008 Pagellofll RESOLUTION No. ~~lk (SERIES OF 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING A REQUEST FOR A GROWTH MANAGEMENT QUOTA SYSTEM REVIEW, INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT, AND COMMERCIAL DESIGN REVIEW FOR THE PURPOSE OF ENCLOSING TWO OUTDOOR SEATING AREAS OF THE DANCING BEAR LODGE LOCATED AT 411 SOUTH MONARCH STREET, LEGALLY KNOWN AS LOTS P, Q, R AND S, BLOCK 77, CITY AND TOWNSITE OF ASPEN Parcel Identification Number 2737-182-19-002 WHEREAS, Eben P. Clark of Klein, Cotd and Edwards, LLC located at 201 North Mill Street, Suite 203, Aspen, Colorado on behalf of Dancing Bear Lodge, 210 North Mill Street, Aspen, Colorado, submitted a request for Growth Management Quota System Review, an Insubstantial Planned Unit Development Amendment and Commercial Design Review dated February 15,2008 to the Planning and Zoning Commission; and WHEREAS, the request is to receive approval for Growth Management Quota System Review allotments, an Insubstantial Planned Unit Development amendment, and Commercial Design Review to enclose 386 square feet of outdoor seating to indoor seating, therefore increasing the net leasable commercial area; and WHEREAS, the Planning and Zoning Commission reviewed and considered the application for Growth Management Quota System Review pursuant to Code section 26.470.080 (Major Planning and Zoning Commission Applications), an Insubstantial Planned Unit Development Amendment pursuant to Code section 26.445.100 (A) (PUD Insubstantial Amendments), and Commercial Design Review pursuant to Code section 26.412.040 (Review Procedures) under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on June 171-d, 2008; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, 1 WHEREAS, a change order to the Building Permit application will be required; and, WHEREAS, the City of 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 PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO IN REGULAR MEETING ASSEMBLED, THAT: Section 1. The Planning and Zoning Commission makes the following findings of fact: 1. A request for the annexation petition and zoning application was initiated by: Eben P. Clark of Klein, Cotd and Edwards, LLC located at 201 North Mill Street, Suite 203, Aspen, Colorado on behalf of Dancing Bear Lodge, 210 North Mill Street, Aspen, Colorado. 2. Notice of the proposed Growth Management Quota System Review, Planned Unit Development amendment, and Commercial Design Review has been provided to surrounding property owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Growth Management Quota System Review for new commercial development under Major Planning and Zoning Commission Applications, Insubstantial Planned Unit Development amendment, and Commercial Design Review application request for the said lot. The applicant shall meet all of the conditions of Ordinance No. 29. of Series 2003; however the applicant has approval to develop 386 square feet of net leasable area by enclosing some outdoor seating as shown in Exhibit A. 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: All material representations and commitments made by the Applicant pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 2 APPROVED AS TO FORM Jim True, Assistant City Attorney INTRODUCED, READ AND ADOPTED by the Planning and Zoning Commission of the City of Aspen on the 17th day of June 2008. LR Erspamer, Chairperson 1, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Planning and Zoning Commission of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A - Approved Exterior Elevations and permitted area to be enclosed. 3 f1 P F '\. A N 1 1 /--GAS SHUT-OFF: i E . D < C= .%---1 [4 -2 --- ----L-1 : d - 01 . . d , ' . un . ' ' S mmetemeN .11 11, //i/ ...... i 11 1/ ./ -. - P /, ( D. 1 ''g :11 Ill- . 1. 911.1 ... / =27>1 .m .1 . 4 -4 - 41 Ull H , - I| 1 . 26 ~ OVERALL BUILDING , ' ~/ / ' SHUT-OFF r'/ M 58,432 60. FT. 1Â¥1 , q.-5) r 1 .U .1 - ]1-81 T ES : rl ~ - BAA @ 42' AFF - 1 :1 14 'st FLOOR: [f-1 =ui~- - ~ ~oj-j ~~~ ~~1/ 11 f" 0 1 '/ I 8,353 SQ. FT. I Â· ,-/7 1 4 01 ', " ' i / --O .'.' ./Fy' *. 42313-:~-- - -=-&~-6- 1 --*---A E ' RESTAURANT: 130~ I ' ! 14 (SHOWN NATCRED) 1 , ,/ / 1,808 SQ. FT. CvlÂ¥ Nml ~.6 'i // i .Â·'> f t 1 DANCING BEAR - PARKS'DE 9 KITCHEN / RESTAURANT ~7'~1 ~13 : 1 , '9 CURRENTLY APPROVED LAYOUT , - - #'-' FEEE,32 rt-4 WALL ABOVE Â·~ - 1- t=t DECORATIVE STEELBAND i ABOVE TYP. 1 AWNING _Â·. i__22111 --1,fl -,â€¢eb_ . I. 13. 1 ~ Â· . Kt ; ~ ~ COVERED ~1~ EL ; â€¢ ':I<.r'61Â·l L =16 j U~. # ve'.3 1- 1 ; 0 11'nul 1 / SCALE: 3/16" = 1'-0" I lilli'11 11 1 - M . 11/11% -Â·a-UL ...r EP-103 / , ~ Â·1 GAS=/"- - -Â·Â·Â· Ir-,1 . / /r - -- 2Â» 1 J -a~~ZZ-7/202/Z~_ZZUUU-11121~~j212.711~~~71~~~~~~1~~~~~" ''~ .' ' LINE OF BUILDING ABOVE (TYP) 1 1 \lf / N 1: E i. 11 1 OPP LAND ! 1 PAI K) i. ...1...... & i \ 100'-6" +- 3 -- .Â·{H I . -/ lieIHX) 3 I'~p?02*i ~Ul r-1-, . 94- 4, 1 // I . pi IllE--1--'ll ' : /: OVERALL BUILDING 1 / 1 58,818 60. FT. = (6.66% iNCREASE) / , 3 . 1 1 . .' TE /31 11 1 Ist FLOOR: 6 5< III 1 1 r .Â· 1Â· 1. +.1-1 / T . r-151-1 -. | â€¢RESTAURANT I. ' p a .gr i 8,139 SQ. FT. ' Li.qu_,-J 5 z'toÂ· 11 . 4--1 11 Yaf -L_' Â« _~ -1. 'iÂ«_ , 9 Â£14 11 (4,6% INCREASE) AdÂ·j'RFÂ· --~37] =lk-- ]20} 4/J -/~ Â· U -- --- --C E ) 99-0' 1.--/ 1 / :3 ..6.4 /k.L, E. ,/ 54% ; RESTAURANT: . 1 (SHOWN NATCNED 4-11 / ./' ' 4 ' ~1 R-'7 - QWL | 9 + CROSS WATCHED) L> [I- 1 1 / // \ 1 2,184 50. FT 11\ ./1.1 .Ii[.1 . /1 ./ . '' |â€¢ KI.TCHENI -/'i' i 1 0& :5 %- 2//11 -11 ./1 7 0/ 1 0 /~ .F Ir-3. -imil i i ' ' I m 111! (21.4% INCREASE) ' AL -r[[4=11 1 , - 1/ / 1 / 1 Lk -1 Â· 1 2 10 7- 1 / 1 '. DANCING BEAR - _DN il .. '7- UL-Ill 4-1 N ./2 Ed-1- 1 1.k -Pl _- .. Ll< I / & PARKSIDE 2-=U 1 / E-T-7 1 7/ I . 4/9 4. 1 / 1 4 KITCNEN / Il :211 -<vA 13% + 3 2,16 .1 K . RESTAL'RANIT . 4Â«r./ .-9 ~__tf----fit ~ .// 1 3-Al':fti~fR E - -----1 --0 PROPOSED EXPANDED 6 -2 TEAR ROUND ......... -NE,4- - SEATING 1 %--6.x<r, , % | lilli....fr / ,Â»' 1101"11 ........1 1 I lilli ' NTERIOR 11111111 ill LAYOUT r i~ - SCALE: 3/16'1 = 1'-0" EXTERIOR < [--4-11 44 0 W 5% M 1 9 1 01 J 2:-9 M 06- n. 0 + 1001-6,1 SOUTH I 1 1 , : -I-1-111'-Li_I_L I iii 1 ' 1% 1 .1 Ft \ + 1 ' Â«d (L> .~ ~ ~ â‚¬>~I Â® ~i<} 3 1 1 1 ji: ., 1 t. . 37'. 1. . T vA' 1 1 ... 1 1 1.1,1 1 1, :1 11 , 1 r ' 1 1 1 11 11 1 t / : -- 1 INT'/ 1 L-, 1 1 11 :i 'J,| 11 4.* 11 Â« 1 W -- - &,-.kildpifyizf{22*~'2941# i ~~ ~,*i~,i ~i, < AÂ·Â·Â·Â· ........... ./.4/~ irt't-2.*12"t~-71774 T 5>111 Vtâ€ž* 1 LI --------- ------------ I TI \ 36' 7 2 ~ ~ ~ -4-_=----#-~u---pr -25-2 ~4~-~.~f 4~J~3- j-I-ift~--~ 'im--1 ~~i '~1 1 -I * I ' ' -d-. I Â·6 1"Â·Â·zzinI----- 1 1 DANCING BEAR - PARKBIDE KITCHEN / RESTAURANT CURRENT EAST ELEVATION SCALE: 3/16" = 1'-0' Ill : IE :1 .1. 1 J $--1--Irful -3-17.~ :~4 ; 31- ~i~ _-u f - f 1 1 ful- :r- .... <U> 11 4 m. L..F Iii I 1 Â£ _I_LINT !1 1 1~ 1 lTI ._ .iT.. , -P n-- IL L.- lilli: 1: i 11 1, . : -<,AA LE:\>ii, I 1 '." ~ Lfb. .- i 'li. 11 1 0 '1 3df li= ....il- ~4 -~ - : LJ - 11\ -': 1 1-0 3., 11 ,, 11 : i 1'. i.~ 1-- ~* *44 *Â·, t'I ~ r* ' ' ., ,-1*t i |-'- 1 â€¢ 41 ~ ~1~ 1.-#~.4.+4~Â· 1 A .f ~F,j I "i i : 1 i , 1 1\ . .1, \ ..51 = -- / ....1 HI iy" 0 I , -- I < 1 1 .. - Â·L. :. . Â·tÂ·iÂ·Â·Â·, Â·2:~i FL---!-12=Y-P--41---- il ~~I~ ~~ 1-M f# T I 1-rl : ~ ii I I,I -r -41- 21 1 1 ~ Ill 1.0. H.R. EXT. 1 1 1 1 1 1 1 1 DANCING BEAR - PARKSIDE KITCI=JEN / RESTAURANT EAST ELEVATIONI EXPAINDED TEAR ROUND SEATING SCALE: 3/16" = 1'-(3" .Â¥5 381 i: IT.: 4-+ 1 ------ . : ! 1 1 1, . li : 1 .- i r...41 li li I / :'27 17 ',~Â·: ~ :Â·- ,?Nâ€¢3\ : '; - L F 1/ 1... : \ ,ML, 1,// it~/1 1 - f IT -F.ill :tr. Il ,Â·:' Il - '.'ll Â·Â· Â© '' '~~\ 1 4\'.1 ' Â· 1 1 11 It :1 . I I | / LA-'-~;t.,. . lili 'rt 1 i ~ "05 . 11.11.r, 111 111,11 91 111.1. 1 111 47 Â·1 'FI. 9 I.I'Y'I':.IN, 4 ,-. *34=.e=U 0/ 1 .!L4 . ......1.1 1 . 1. It , 11.Immi""- r . 1 1 1 1 1 l 1.- 1 1 1 i li DANCING BEAR - PARKSIDE KITCNEN / RESTAURANT BOUTIN ELEVATIOIN EXPANDED TEAR ROUND BEATING SCALE: 3/16" = 1'-0" aÂ®4-111- ~ 1- 1 5 12 1 1 1 4 -9- mi 1 1:lili 1 ' I . . : I ~ ~ 1- I: .=.P 4 111 \ 11 1 3 11 11 11 -\1./ u 1 -- 11 ~1~14,1,:.'.~11,~~'1Â·0+~,rEAW e=*;00Â©OCM Â·Â·-. ~~~ ~~* ~ ~~ I -1---%Â£" 11 9 //Il \ 5....I 43Â© 1 - 4 % : I 1.-- IE . - f \ 1, // t , .... . M / ' r! Z '4 / : p i 1 - 1 1 1 DANCING BEAR - PARKSIDE KITCHEN / RESTAURANT CURRENT SOUTH ELEVATION SCALE: 3/16" = 1'-0 =N'11 A-'_1 EXH L 6 i--f G MEMORANDUM TO: Errin Evans, Community Development FROM: Cindy Christensen, Housing DATE: March 27,2008 RE: DANCING BEAR LODGE PUD AMENDMENT (411 S. MONARCH STREET) Parcel ID No. 2737-182-19-002 ISSUE: The applicant is requesting an amendment that would increase the restaurant/ commercial space in the project by 386 square feet. BACKGROUND: The property is located at 411 South Monarch Street. The addition of 386 square feet would allow for approximately 30 additional diners in the restaurant throughout the off- season and winter months. This increase of square footage would result in less than a single- employee being generated; therefore, the applicant is requesting to satisfy the affordable housing mitigation through a cash-in-lieu payment. According to Section 26.470.050.B.5, 60% of the employees generated are required to be mitigated. The requirement for an additional 386 square feet of net leasable space is 386 + 1,000 X 4.1 employees generated per 1,000 square feet of net leasable space X 60% = .95. As this is a fraction of an employee, the applicant has the option to mitigate via a cash-in-lieu payment. The Housing Board has prioritized the options that can be utilized for mitigation purposes. They are as follows: 1. On-Site Housing - That the location of a deed restricted property used for construction or redevelopment of a property for mitigation purposes be either next to or attached to the development. 2. Off-Site Housing - That the location of a deed restricted property used for construction or redevelopment of a property for mitigation purposes be at a separate location approved by the Housing Office. 3. Cash-in-Lieu or Land-in-Lieu - That the applicant for a development may, under certain conditions and subject to certain requirements, satisfy the mitigation requirement by payment of an affordable housing dedication fee or a donation of land. The preference of cash or land shall be determined on a case-by-case basis. Due to the priority, the Housing Office would prefer a studio unit be provided for this additional square footage request. 1 ExH l 6 i-1- 6 MEMORANDUM TO: Errin Evans, Community Development FROM: Cindy Christensen, Housing DATE: March 27,2008 RE: DANCING BEAR LODGE PUD AMENDMENT (411 S. MONARCH STREET) Parcel ID No. 2737-182-19-002 ISSUE: The applicant is requesting an amendment that would increase the restaurant/ commercial space in the project by 386 square feet. BACKGROUND: The property is located at 411 South Monarch Street. The addition of 386 square feet would allow for approximately 30 additional diners in the restaurant throughout the off- season and winter months. This increase of square footage would result in less than a single- employee being generated; therefore, the applicant is requesting to satisfy the affordable housing mitigation through a cash-in-lieu payment. According to Section 26.470.050.B.5,60% of the employees generated are required to be mitigated. The requirement for an additional 386 square feet of net leasable space is 386 + 1,000 X 4.1 employees generated per 1,000 square feet of net leasable space X 60% = .95. As this is a fraction of an employee, the applicant has the option to mitigate via a cash-in-lieu payment. The Housing Board has prioritized the options that can be utilized for mitigation purposes. They are as follows: 1. On-Site Housing - That the location of a deed restricted property used for construction or redevelopment of a property for mitigation purposes be either next to or attached to the development. 2. Off-Site Housing - That the location of a deed restricted property used for construction or redevelopment of a property for mitigation purposes be at a separate location approved by the Housing Office. 3. Cash-in-Lieu or Land-in-Lieu - That the applicant for a development may, under certain conditions and subject to certain requirements, satisly the mitigation requirement by payment of an affordable housing dedication fee or a donation of land. The preference of cash or land shall be determined on a case-by-case basis. Due to the priority, the Housing Office would prefer a studio unit be provided for this additional square footage request. 1 Section 26.470.050.B.5 allows for the payment-in-lieu fee to be calculated using the Category 4 fee. Under the Category 4 stated fee, the amount owed for adding 30 additional diners in the restaurant would be $127,702.35 ($130,213 [as specified in the 2008 Guidelines] X .95). The applicant has used the 2007 payment-in-lieu fee for Category 4. In most instances, a person who works in the restaurant business falls under the Category 1 or Category 2 income level. Staff would recommend approval o f the payment-in-lieu fee versus providing a unit if a more reasonable fee was used. Staff would recommend that the average of Category 1 and Category 2 be utilized in calculating the fee ($264,228 + $221,072 + 2 = $242,650); therefore, a fee of $230,517.50 would be required to mitigate for this request. This payment more readily refiects the cost to construct a studio unit to house an employee. RECOMMENDATION: Staff recommends approval of using the payment-in-lieu fee if the average of the 2008 Category 1 and Category 2 fees are utilized. Otherwise, staff would prefer that the mitigation be provided by expanding the on-site units to three-bedroom units or by providing an approved off-site studio unit. 2 'GR'gl-r C Regular MeetinE Aspen City Council June 23,2003 Councilwoman Richard moved to adopt Ordinance #23, Series of 2003, with the provision that the neighbors be consulted at the time of the soils survey with the engineer and that the fire marshal look at fire and safety access during any demolition and excavation time as well as the final development plan and that a building permit will not be issued for this unless the Residences application has been withdrawn Peterson asked what consulting with the neighbors on the soils survey means. Councilwoman Richards said the neighbors would like to give background and history when the soils study is being looked at. Vann said the applicants are required to submit a soils evaluation to be reviewed by city staff. Vann said the condition states the applicants will comply with the recommendation of the soils analysis. Julie Ann Woods, community development department, said if the neighbors are not "consulted", where does that leave staff. Peterson said when the soils study is submitted, they will give the Falenders a copy. Peterson said he is not comfortable with the language "consulted". Councilwoman Richards withdrew her motion. Councilman Semrau moved to adopt Ordinance #23, Series of 2003, on second reading with the condition that prior to the issuance of a building permit or demolition permit, the application for the Residences at the Little Nell will be withdrawn and that the Falenders will be provided with a copy of the soils study and invited to comment; seconded by Councilwoman Richards. Roll call vote: Richards, yes; Torre, yes; Paulson, no; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #29, SERIES OF 2003 - Dancing Bear PUD James Lindt, community development department, told Council this is a lodge preservation PUD to redevelop a site at 411 South Monarch street. Council is the final reviewing body of allland use requests for this site. Lindt showed Council where the site is, just west of Wagner park. The site is 12,000 square feet and is zoned LTR. There is currently a one-story lodge building with 23 bedrooms. This building has been vacant for the last 5 years. Lindt said the proposal is to demolish the existing lodge and replace it with an 11-unit time share lodge of 28 bedrooms. Each unit will have lock off capabilities. 15 Regular Meeting Aspen Citv Council June 23,2003 Lindt reviewed each floor of the proposal. The first floor has a lobby and check in area access from South Monarch street; a lounge/bar with patio seating; one 1400 square foot, 2 bedroom lodge unit; 2 affordable housing units of 2 bedrooms. The second floor contains 4 lodge units, two 1400 square feet 2 bedroom units; two 2800 square feet 3 bedroom units. The third floor contains 3 2800 square foot 3 bedroom units. The fourth floor has 3 three bedroom units and a recessed patio. The fifth floor has a glass gazebo, which would have a hot tub and exercise area. Lindt said the applicant proposes 3 below grade levels. The first level has a garage access accessed from the alley, as well as a games and recreation area, and a storage area. There are 24 parking spaces proposed on site; 5 spaces at grade on the applicant's property. The second floor below grade contains the majority of the garage. The third fioor below grade contins more storage for the owner's personal goods, mechanical area and conference room. Lindt said the timeshare will be 8 shares per unit, 58 totals estates. The FAR is 3.25:1 and a height of 57 feet to the midpoint of the gazebo. Lindt told Council staff feels this is an appropriate use for the site. In the past this has been used as a lodge. This project will bring vitality to a very important corner in town. The applicant has proposed a good deal o f their affordable housing mitigation on site. The applicant has proposed greater than .7/lodge bedroom of parking spaces, which is required by code. Lindt noted one concern is the height, which is proposed at 57 feet as measured by the land use code. Other lodges in that area are the St. Regis, which is 50 to 60 feet, the Mountain Chalet is low 50's. Three P&Z members felt the height was too extreme for the 28 feet as allowed in the LTR zone. Lindt told Council the upper floors are recessed to create a wedding cake effect, which helps lessen the mass. The building has been stepped down to the west towards the townhomes. Lindt sid staff feels the massing is appropriate with the exception of the turret. Lindt told Council the applicant proposed to use two spaces on Monarch as loading zones. Staff does not agree a lodge of 11 units needs a loading zone and added a condition that two alley spaces be signed as check-in parking. The third issue is the financial impact analysis to compare the proposed timeshare lodge with the tax revenues that would have been gained through lodge use. Lindt said the applicant's financial impact analysis shows there 16 Regular Meeting Aspen City Council June 23,2003 would not be a tax revenue loss through this fractional fee change. The city's finance director, Paul Menter, commented the projected nightly rental rates are too high and the analysis should be redone with a lower rate. Menter requested a condition that the city be able to do an audit after the lodge is operating. Mitch Haas, representing the applicant, reiterated this site has been sitting vacant for several years and has been years since it has contributed to Aspen's bed base. Haas said a boarded up building is sending an antithetical message to tourists regarding the economy and the vitality of lodges on the fringe of the commercial core. Haas told Council most potential purchasers of this property wanted to build residential townhomes. This owner is interested in developing something that will contribute to the vitality and economic sustinability of the town. The applicant proposes two above grade employee housing units. This development should raise occupancy levels a.nd should attract new visitors to Aspen. Haas noted there are trash compactors and recycling facilities access off the alley. There will be a decrease of 1 lodge unit from the Aspen Manor; however, the bedrooms will increase from 23 to 28. There will be an increase of leasable commercial space on the property including a sidewalk patio cafd on the corner. Haas told Council the applicants propose to house 4.5 employees and the remaining fraction of employee will be mitigated by cash-in-lieu. The management and operation of the lodge will be done with an existing lodge or with a management company. Haas sid a strong architectural statement is important on this corner, right across from a large park. The perceived mass of the structure is broken up by different forms and modules, changes in exterior building materials, balconies, different window forms and shapes, and stepping the building back. Haas said they have tried for a classic wedding cake style building, the structure steps down in height to the west and the southwest corner of the lodge is only 25 feet above grade. The west side of the lodge is 3 stories as is the northwest and northeast corners of the building. The midsection of the building is 4 stories. The 5th story gazebo sits in the center of the building. The building height has been lowered and the mass reduced through P&Z review. Haas told Council the height at the corner of Monarch and Durant is less than 32 feet without the turret. 17 Regular Meeting Aspen Citv Council June 23.2003 Haas said the height o f the structure varies depending from where it is measured. The fluctuations are a function of the topography of the site. The highest measured height on a public right-of-way is at the northwest corner along the alley and it is 39'9"; the southeast corner 31'6" exclusive of the turret. The height is the gazebo is mitigated by using glass, by the stepping back of the surrounding levels and the fact it is setback 27 feet from Durant Avenue. Â· This should not shadow streets or surrounding properties. The Wheeler Opera House view plane of Aspen mountain would not be compromised by this development. The overall height of Dancing Bear is lower than that of the St. Regis. The Mountain Chalet addition was approved at 52 feet to the midpoint of a pitched roof and allows 5 stories in that building. Haas sid given the site's location and proximity to downtown and the transportation center, there should be little need for cars. There are 24 on- site parking spaces. The applicant commits to encouraging employees and guests to use alternative transportation. A fleet of bicycles will be kept on site for guests and employees. There will be provision for airport shuttle by the applicant or by contract with another lodge who does airport shuttle. The applicant has committed to keeping a small fleet of hybrid vehicles for use by guests and employees. Haas said they hope to obtain LEEDS certification, which is a national green building program, and to come as close to possible of the gold level. Haas summarized this is will replace an eyesore, will add hot beds, and will revitalize the Durant/Monarch intersection. The applicants hope to set a precedent for green building; they plan of housing 4.5 FTEs on site. There will be over $1 million in direct tax generation in the first 5 years of operation. The project provides community facilities, is self sufficient for parking and storage and the project furthers the AACP goals with respect to smalllodges, affordable housing, economic sustinability, growth and the environment. David Brown, architect, went over the materials and the architecture of the proposed building. Brown told Council they went through the guidelines in the fractional timeshare ordinance and have tried to incorporate everything the ordinances envisions. Mayor Klanderud opened the public hearing. 18 Regular Meeting Aspen Citv Council June 23,2003 one of Shadow Mountain and this will block the view of Shadow Mountain. The building is taller than the surrounding pine trees. Councilwoman j' Richards agreed she would like to see redevelopment on this lot; however, this is overreaching. Councilwoman Richards said only 9% open space may work for a one story building but it does not work for a 5 story building. Councilwoman Richards noted part of a PUD process is to look at a greater public benefit. This proposal does not add any extra affordable housing out of 36,000 square feet. Councilwoman Richards sid this site is on the north side ofDurant and has transitioned to a different neighborhood from the base of the mountain. Councilwoman Richards noted this building will be higher than the Elk's Club building. Councilwoman Richards said this is zoned LTR and one could construct 3 residential townhomes on this site, which would not contribute to the community either. Mayor Klanderud said she, too, has problems with the height, especially as it would block the view of Shadow Mountain. Mayor Klanderud said the . 4 turret makes the building interesting. Mayor Klanderud stated she would consider some height variance; however, this is much too high. Mayor Klanderud said she would prefer to see all affordable housing built rather than get cash-in-lieu for housing. Mayor Klanderud said she is concerned there are only 2 parking spaces for affordable housing. Mayor Klanderud agreed it is great something is being planned for this site. It is a critical block in Aspen. Brown said some of the benefits to the community are that this project will provide hot beds and will bring guests to Aspen with money to spend. Councilman Paulson agreed the structure is took tall. Councilman Paulson said he likes the gazebo. Councilman Paulson said he would like to see the building shrunk. Councilman Paulson asked about the trees on site. Brown said they have met with city staff, who have identified 2 or 3 significant trees on Durant street that should remain. The applicants will cooperate with the parks to give them what they ask for. Haas told Council the large conifers are not appropriate for pedestrian traffic as they grow all the way to the ground. The parks department is recommending trees that are more easily walked under. Councilman Paulson asked what will keep a person from buying 6 or 12 months of one unit. City Manager Steve Barwick said that is covered in the city's timeshare ordinance, which he will have to Council at their next 20 -I .- Regular Meeting Aspen City Council June 23,2003 Cliff Weiss said this building is out of scale for the neighborhood, Weiss said he does not feel this size building will contribute to the community. Roger Haneman, P&Z member, said this project will bring more benefits to the community than the one Council just approved. Haneman said these applicants made a great effort to meet the requests of P&Z. Dale Paas, Limelite Lodge, said he is concerned about the economic viability o f the base of Aspen Mountain; however, he is very concerned about the economic sustainability of the Limelite Lodge. Paas said a massive building of this height and bulk will negatively affect the ability of the Limelite to rent rooms. Paas said this building does not blend with the neighborhood. Paas requested Council only approve 28 foot high building as allowed by the code. Stan Hajenga, manager Mountain Chalet, presented a letter from the owners of the Snow Queen Lodge stating they are aginst the proposed height, which goes against the principles ofplanning in this area. Hajenga applauded that someone is trying to develop this comer. Hajenga said the city needs to look at a system that allows a building to fall into disrepir for 5 years. Hajenga said the proposed height will affect many neighbors and many businesses. Hajenga said when the Mountain Chalet addition went through the process, they had to meet the view plane requirements. This building does not meet the view plane requirements. Hajenga said he would like to see this corner redeveloped; however, this proposal is beyond the scale and height called for. Debbie Falender said she reviewed the PUD and other land use code ordinances. The PUD ordinances say height, mass, parking, and density should respect the underlying zoning. The underlying zoning here is 1:1 and the FAR for this proposed project is 3.25:1. The PUD ordinance also states that the property shall be clustered to preserve significant open space. Ms. Falender noted that does not mean a building should be built right up to the borders ofthe property. Ms. Falender said this is too big for town. Mayor Klanderud closed the public hearing. Councilwoman Richards said she appreciates all the work that has been done; however, she cannot approve this plan. Councilwoman Richards noted there is discussion in the infill about creating more view planes and 19 Regular Meeting Aspen Citv Council June 23.2003 one of Shadow Mountain and this will block the view of Shadow Mountain. The building is taller than the surrounding pine trees. Councilwoman i Richards agreed she would like to see redevelopment on this lot; however, this is overreaching. Councilwoman Richards said only 9% open space may work for a one story building but it does not work for a 5 story building. Councilwoman Richards noted part of a PUD process is to look at a greater public benefit. This proposal does not add any extra affordable housing out of 36,000 square feet. Councilwoman Richards said this site is on the north side o f Durant and has transitioned to a different neighborhood from the base of the mountain. Councilwoman Richards noted this building will be higher than the Elk's Club building. Councilwoman Richards said this is zoned LTR and one could construct 3 residential townhomes on this site, which would not contribute to the community either. Mayor Klanderud said she, too, has problems with the height, especially as it would block the view of Shadow Mountain. Mayor Klanderud said the turret makes the building interesting. Mayor Klanderud stated she would consider some height variance; however, this is much too high. Mayor Klanderud said she would prefer to see all affordable housing built rather than get cash-in-lieu for housing. Mayor Klanderud said she is concerned there are only 2 parking spaces for affordable housing. Mayor Klanderud agreed it is great something is being planned for this site. It is a critical block in Aspen. Brown said some of the benefits to the community are that this project will provide hot beds and will bring guests to Aspen witlimoney to spend. Councilman Paulson agreed the structure is took tall. Councilman Paulson said he likes the gazebo. Councilman Paulson said he would like to see the building shrunk. Councilman Paulson asked about the trees on site. Brown said they have met with city staff, who have identified 2 or 3 significant trees on Durant street that should remain. The applicants will cooperate with the parks to give them what they ask for. Haas told Council the large conifers are not appropriate for pedestrian traffic as they grow all the way to the ground. The parks department is recommending trees that are more easily walked under. Councilman Paulson asked what will keep a person from buying 6 or 12 months of one unit. City Manager Steve Barwick said that is covered in the city's timeshare ordinance, which he will have to Council at their next 20 1.11.-.1 Regular Meeting Aspen City Council June 23.2003 consideration of this application. Barwick said the city cannot guarantee how a building will be occupied but can guarantee that one person may not purchase all the weeks. Councilman Semrau pointed out the infill ordinance would only allow 30 feet plus an additional 8 feet with special review and a historic TDR Councilman Semrau said agreed this is a great project in a great location but it is too big; the height and mass are out of scale for the site. Under the PUD process, the applicant has the responsibility of proving a project is deserving of an exception. Councilman Torre asked what percentage of the total square footage is actual lodge space and what is amenities, parking, storage. Brown said it is 50% net Ieaseable under the LTR definition ofnet leasable. Councilman Torre said there seems to be a lot of amenity space built in and there may be a way to lessen that, make the units smaller, and make the project smaller. All the amenities will make guests stay on property rather than go out in town and spend money. Brown said the intent of the amenities like the game room and movie theatre is to give families things to do. Brown said without the amenities, this is not a competitive project and would be under serious distress. Brown said there is not a square inch that could be removed without impacting the project. Mayor Klanderud noted when the Obermeyer project first came to Council, there was an outcry about the height. The design team came back with a project at the height requirement, which won broad support. Brown pointed out applicants are not allowed to talk to Council until the end of the process. It would be better to have a more collaborative process. Brown asked Council what would be the right height, the right mix, the right project. Councilman Semrau said the right use is family type lodging and the amenities are grear: however, the mass, scale and height are out of character. Councilman Semrau said he feels 38 feet would be appropriate for the neighborhood. Mayor Klanderud agreed she could approve 38 feet. Mayor Klanderud said she would also like all employees housed on site. Mayor Klanderud said she likes the commitment to green development. Councilman Semrau moved to continue Ordinance #29, Series of 2003, to July 28; seconded by Councilwoman Richards. All in favor, motion carried. 21 Regular Meetine Aspen Citv Council June 23.2003 Councilwoman Richards moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #55, SERIES OF 2003 - Obermeyer Temporary Use Chris Bendon, community development department, told Council this temporary use request is for a real estate office to be located on the Obermeyer property. Bendon said staff does not see any issues with this request. , Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to approve Resolution #55, Series of 2003; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #56. SERIES OF 2003 - Mascotte Annexation John Worcester, city attorney, told Council this property is located at the base of Smuggler Mountain along Park Circle. The owner, Alain Degrave, owns lots 2 and 5 of the Aspen election subdivision, which are already in U,e city. City Clerk Kathryn Koch reported the posting and publication are in order. Worcester said there is 1/6th contiguity with the city and a community of interests exists. The area is capable of being integrated within the city. The property has not been subdivided into separate parcels. 100% of the property owners have consented to annexation. There are no other annexations pending. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Resolution #56, Series of 2003; seconded by Councilwoman Richards. Councilman Paulson said he would like a neighborhood map for second reading to make sure where this is located in reference to any possible master plan for Smuggler Mountain. All in favor with the exception of Councilman Paulson, motion carried. 22 Regular Meeting Aspen City Council July 28,2003 activities, and delete reference to conversion of lodge units, and construction management plan in #9; seconded by Councilwoman Richards. Roll call vote: Richards, yes; Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #5. SERIES OF 2003 - Code Amendment Infill Councilman Semrau moved to continue Ordinance #5, Series of 2003, to August 25;seconded by Councilwoman Richards. All in favor, motion carried. ~~~~~.DINANCE #29~ SERIES OF 2003 - Dancing Bear PUD James Lindt, community development department, reminded Council at the last public hearing, they stated the proposed project was too large and too tall. The applicant will present a revised design. David Brown, representing the applicant, showed Council the current design and told them they have taken off one floor. The first two stories are of stone, stepping back onto a shingled darker fioor and above that is a greenhouse, gazebo and roof. The setback is 5 feet rather than 2 feet. Brown told Council the corner facing Monarch and Durant is 31 feet to the 3rd floor and 20'6" at the 2nd floor. At the alley for the main part of the building is 38 feet. The gazebo adds another 8 to 10 feet, which makes the building 44 feet at the midpoint o f the glass shed. The top of the highest elevator shaft is 46 feet. The building elevations at the street are 34 to 31 to 34 feet. Brown showed the first project as reviewed by P&Z, the recommendation from P&Z and the current iteration. The building is greatly reduced. The project is now 9 three-bedroom suites with lock offs for 18 keys. The building as is has 23 bedrooms; this will be an increase of 3 free market bedrooms. The lower levels have not changed since the last presentation. The 2 two-bedroom employee units are the same as before and are now twice the required mitigation. All the suites range from 1700 to 2200 square feet, averaging 2,000 square feet, The bar and restaurant is smaller than before. The second floor contains 4 suites and 4 lock offs. The 3rd floor has been stepped back so each unit has its own outdoor deck. The roof has solar collectors, gardens, hot tubs and gazebo. The height of the gazebo varies 10 â€ž r Regular Meeting Aspen Citv Council Julv 28.2003 from 43 to 45 at the highest point. Brown showed elevations from different points around the project. Mitch Haas, representing the applicant, noted the gazebo will be set back 17 feet from the Durant avenue faGade and 13 feet from Monarch street. Haas said the building is within the 38-foot height requested by Council except for the gazebo, which is transparent and sits in the middle o f the building. Haas said this feature is necessary to set this project apart from other time-share projects. Haas said the gazebo does not add to the perceived height of the building. Haas said the height measure is not as important as the qualitative measurements. The gazebo placed at the corner of Monarch and Durant would fit within the height limits but it would not be a good design. Haas reminded Council the recently approved Hyatt is 46 feet with a ground elevation higher than this site. The Mountain Chalet was approved with a 52-foot height limit. Haas stated the applicants will make all efforts to achieve LEEDS certification and the gazebo will provide a perfect place for photovoltaic cells and capture of energy. The glass stairwell on Monarch is another location for passive solar gain for reuse. This comer needs revitalization. The project plans to add to the streetscape with the restaurant. The applicant plans to provide a hybrid vehicle for use by residents as well as bicycles. The applicant is providing 115% housing for employees when only 60% is required. Haas said they feel this will be a fiscal benefit to the city. This is a self-sufficient development for parking, affordable housing, economic sustainability and providing amenities on site. Lindt told Council staff feels this proposal meets community goals in bringing vitality to this location. The use is appropriate; this site has been tourist accommodations. The applicant has met their housing requirements. Lindt said this building is lower than other PUDs in the surrounding area. At the last meeting, Council indicated 38 feet would be appropriate on this site. Staff does not recommend asking for removal of the gazebo as it is set back. far enough that it would not be a dominant feature of the building. The gazebo will be constructed out of translucent materials. Council brought up the restaurant space at the last meeting and whether it will remain that use in the future. There is a condition in the ordinance to require a Pl.ID amendment if the owners want to convert this space from a restaurant. Lindt reminded Council at the previous meeting they indicated I one parking space/affordable unit was too few. The amended ordinance ~ 11 Regular Meeting Aspen Citv Council Julv 28.2003 requires two parking spaces per two-bedroom unit. The applicant has requested leasing parking spaces in the public right-of-way for loading. Staff does not feel a 9-unit lodge would require loading spaces. The city engineer is opposed to leasing spaces in the public right-of-way. Paul Menter, finance director, pointed out not all tax information is available because the Aspen Manor has not been operating for the past 5 years. Menter said the applicant's fiscal analysis meets the code requirements. Menter told Council the condition on whether a fee is owed levers on the historical occupancy rate of the hotel. The original occupancy rate was estimated at 61%; the revised application is 51% as attested by the previous owner. The difference is whether a fee is owed or not. Menter concluded no fee is owed. Brown agreed there appears to be no fiscal impact to the applicant and this should be a cash generator for the community. City Manager Steve Barwick suggested for the future, Council consider a minimum occupancy rate for fiscal analysis amendment to this code section. Mayor Klanderud opened the public hearing. Susan O'Neal asked about the row of evergreens on Durant. Haas said the one on the corner and one other will be preserved; the parks department has asked the other trees to be removed and replaced with more appropriate street streets. Kathy Petner, 210 East Cooper, commended the applicants for their design, for stepping the building back, for the green development, for the extra affordable housing. Ms. Petner said she is concerned about the 46- !/2 feet and the precedent this will set for future developments in this area. Ms. Petner asked if the gazebo will be used at night and will be Iit. Brown said it will be glass and there will be window coverings in order to make this a green project. It will be Iit and will be used at night. The gazebo will be used as an exercise room, mechanical equipment and lounge. Dale Paas, Limelight Lodge, said he is very concerned about keeping the scale of the neighborhood. Paas pointed out every time this project has j come back for city review, it has been a better project. Toni Kronberg said she is concerned about the height. Visitors like the view of the mountain. People do not want taller buildings. Ms. Kronberg said this is a special site as it allows views of Shadow Mountain from the mails and from Wagner Park. 12 4. r. Regular Meetine Aspen Citv Council Julv 28, 2003 Mayor Klanderud entered into the record letters from Carol Saunders-White, Jim Scull, and one from Andrea Clark all concerned with the height o f the project as well as light from the gazebo at night. Haas said condition #21 requires a PM10 mitigation plan to be reviewed by environmental health. Haas stated the measures they have already committed to the in the application are more than adequate and should be accepted as the PM 10 mitigation plan. These measures are a fleet of bicycles, hydroelectric vehicles, airport shuttle, employee bus passes, and marketing the location. These are all representations of the application. Lindt told Council environmental health staff feels the applicant has gone above and beyond PM10 mitigation. Lindt suggested the condition be amended that the applicant meets the representations of their application. Mayor Klanderud requested these representations be listed in the condition. The applicant agreed. Haas brought up condition #31, the 4 parking spaces for affordable housing, and requested only 2 spaces be required. Haas said the applicants feel they are being penalized for providing more housing than necessary. Haas noted the memorandum states that cash-in-lieu of school dedication is not attributable to the time-share units but is for the affordable housing units. Herb Klein, representing the applicant, said they do not have a problem with the city finance department conducting an annual audit, but does have a problem that if the city finds there is a shortfall, that they be obligated to pay some impact fee as determined by Council. Klein stated there is no provision in the code for this requirement. There are no standards for this requirement and this should have some study and legislation. Menter said what staff is most interested in is collection information. Barwick suggested adding language that this condition would only apply if the city adopts code amendment within the next year. Mayor Klanderud stated she does not have a problem deleting conditions #40. Councilmembers agreed. Klein requested a change in condition #41 about a "substantial" change to the restaurant; let the community development department decide whether ~ this is a major or minor PUD amendment. Council agreed. Mayor Klanderud said when Council has required fewer on site parking spaces because employees will not use their cars has not worked. Councilwoman Richards agreed. Councilman Semrau said in this 13 : Â·\.f Regular Meeting Aspen City Council JulÂ¥ 28.2003 and fund raisers. Brown said the sunlight reflection will be brief. The gazebo could be wrapped in fabric to cut down on this reflection or use non- reflective glass. Councilman Semrau suggested the size of the gazebo be reduced to 1500 square feet square feet. Councilwoman Richards stated the underlying height allowed in this zone district is 28 feet and going up to 38 feet is a significant variation. Going up another 8 feet is too much; the gazebo makes it appear as a 4th floor. Councilwoman Richards said she would not disapprove of uses on the roof but without the structure. Mayor Klanderud said this is a creative design with a good way to hide the mechanical equipment; however, she is concerned about the height. Councilman Semrau moved to continue Ordinance #29, Series of 2003, to August 11; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #32, SERIES OF 2003 - South Aspen Street PUD ORDINANCE #33, SERIES OF 2003 - South Aspen Alley Vacation Councilman Semrau recused himself based on owning land within 300 feet of this application. James Lindt, community development department, told Council this final PUD review is for an application from Aspen Land Fund II to construct 14 free market and 17 affordable housing units on 3 parcels of land near the intersection of South Aspen and Juan streets. Sunny Vann, representing Aspen Land Fund II, reminded Council Savanah Limited Partnership received the original conceptual approval for this piece of property in 2001. Vann said he submitted a final application in 2002. The property has been for sale and the applicants asked staffto hold the final review until final disposition of the property. Vann told Coundil Aspen Land Fund II acquired this property December 2002, notified the community development department and asked them to complete the final application. Vann told Council this application is identical to the conceptual application except for minor changes made in response to neighborhood concerns. Councilwoman Richards asked about the reference to the applicants wanting I to build a hotel. Vann said Aspen Land Fund II purchased the property to ! build tourist accommodations at the base of the mountain. The applicants 15 Regular Meeting . Aspen Citv Council Julv 28,2003 neighborhood, it would be a great service to have 4 parking spaces. Council agreed to require the applicant provide 4 parking spaces for the affordable housing. Councilwoman Richards said the city should not lease any spaces in the right-of-way on Monarch to this project. Councilwoman Richards pointed out this project is only providing 9% open space. Councilwoman Richards said she is concerned about reflections off the gazebo. Councilwoman Richards said she cannot accept the 4th floor. Where the gazebo is placed does not meet what the Council intended when they said 38 feet at the highest. Councilwoman Richards said she does like the changes in massing and in material. Councilwoman Richards stated she sees a separation between the north and south side of Durant and this structure would be setting a precedent for the south side. Councilman Torre said he is concerned that the on-site amenities will keep the guests on site rather than getting out into the community. Councilman Torre said the gazebo raises the heights beyond what Council envisioned. Councilman Torre sid the project could have a hot tub and rooftop garden without the gazebo structure. Councilman Torre said he feels the applicants have worked hard on this iteration. Councilman Semrau agreed this is an improvement and an interesting design. Councilman Semrau agreed about not leasing parking in the public right-of-way. Councilman Semrau does not support a 4th floor but does support an architectural element that makes this an extraordinary building. Eliminating the gazebo would make it a more boring building. Mayor Klanderud said she, too, is concerned about the gazebo and whether it is appropriate in this location. The light and reflection are major concerns. Mayor Klanderud questioned the excavation of 3 floors below grade. Mayor Klanderud asked if this would be in the proposed Shadow Mountain view plane. Lindt said this would probably be located within the view plane; however, it has not been drafted. Mayor Klanderud said she would rather see the hybrid vehicles eliminated. Brown said the gazebo is located away from the northwest comer because of concerns of the neighbor. The building is 38 feet at this corner and is 31 feet b on the street side. Brown said the applicants feel the gazebo will make this space very special and could be used by the community for special events 14 -I * Regular Meeting Aspen Citv Council July 28, 2003 and fund raisers. Brown said the sunlight reflection will be brief. The gazebo could be wrapped in fabric to cut down on this reflection or use non- reflective glass. Councilman Semrau suggested the size of the gazebo be reduced to 1500 square feet square feet. Councilwoman Richards stated the underlying height allowed in this zone district is 28 feet and going up to 38 feet is a significant variation. Going up another 8 feet is too much; the gazebo makes it appear as a 4th floor. Councilwoman Richards said she would not disapprove of uses on the roof but without the structure. Mayor Klanderud sid this is a creative design with a good way to hide the mechanical equipment; however, she is concerned about the height. Councilman Semrau moved to continue Ordinance #29, Series of2003, to August 11; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #32, SERIES OF 2003 - South Aspen Street PUD ORDINANCE #33, SERIES OF 2003 - South Aspen Alley Vacation Councilman Semrau recused himself based on owning land within 300 feet of this application. James Lindt, community development department, told Council this final PUD review is for an application from Aspen Land Fund II to construct 14 free market and 17 affordable housing units on 3 parcels of land near the intersection of South Aspen and Juan streets. Sunny Vann, representing Aspen Land Fund II, reminded Council Savanah Limited Partnership received the original conceptual approval for this piece of property in 2001. Vann said he submitted a final application in 2002. The property has been for sale and the applicants asked staff to hold the final review until final disposition of the property. Vann told Countil Aspen Land Fund II acquired this property December 2002, notified the community development department and asked them to complete the final application. Vann told Council this application is identical to the conceptual application except for minor changes made in response to neighborhood concerns. Councilwoman Richards asked about the reference to the applicants wanting to build a hotel. Vann said Aspen Land Fund II purchased the property to build tourist accommodations at the base of the mountain. The applicants 15 , -- 1301161 TO KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@keelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC* Ircfti)keelaw.net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, III, PC iee<0)keelaw.ne 1 TELEPHONE: (970) 925-8700 EBEN P. CLARK evc@keelaw.net FACSIMILE: (970) 925-3977 COREY T ZURBUCH ctz@keelaw.net MADHU B. KRISHNAMURTI mbk@kcelaw.net DAVID C. UHLIG dett{@kcelaw.net MATTHEW M. LOWRY mm!@kcelaw.net * also admitted in California February 15,2008 City of Aspen Planning and Zoning Commission c/o Jennifer Phelan Assistant Community Development Director Planner 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Application for Minor PUD Amendment and GMQS Allocation for 411 S. Monarch Street, Aspen ("the Project") To the Members of the Commission: This letter is the application and written description for the applications above and a written explanation of how the proposal complies with the City of Aspen Land Use Code. I. Introduction: The applicant is Dancing Bear Land, LLC, 210 N. Mill Street, Aspen, Colorado 81611 ("Applicant"). Our firm, Klein, Cotd & Edwards, LLC, 201 N. Mill Street, Suite 203, Aspen, Colorado 81611 is authorized to act on Applicant's behalf with regard to the Project. Please address all correspondence regarding this application to our firm and to my attention. The subject property is located at 411 S. Monarch Street, Aspen. The parcel is identified as parcel number 273718219002, and the legal description of the property is: THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8,2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO. 498443, IN THE RECORDS OF THE CLERK AND RECORDER, COUNTY OF PITKIN, STATE OF COLORADO; City of Aspen, Planning and Zoning Commission February 15,2008 Page 2 of 13 also known as: Lots P, Q, R and S, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado ("Property"). This firm certifies that Applicant is the owner of the Property and is entitled to submit this development application. An accurate copy of Schedule B-2, the current exceptions to title to the Property, is attached as Exhibit C hereto. A vicinity map is attached as Exhibit D. A table of contents listing all of the exhibits hereto follows this letter. The Planned Unit Development (PUD) for the Project was originally approved by the Aspen City Council in 2003 in Ordinance No. 29 Series of 2003, and the Dancing Bear Lodge Final PUD Plan and Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69 Page 80, Reception No. 498443. II. Present Application: Applicant is requesting an amendment ofthe approved PUD plan to enclose restaurant space as illustrated in the architectural drawings attached as Exhibit G. The areas to be enclosed are a portion of the area contemplated to be exterior seating and dining in the Final PUD plan as approved. As currently approved, the areas in question are under an overhang on the building and are open to the street. These areas were originally approved as dining areas and the requested amendment will not change that use. However, in their present configuration, the areas will only be useable as dining space in the summer months. The proposed amendment would increase the restaurant/commercial space in the Project by 386 square feet and would allow for approximately 30 additional diners in the restaurant throughout the off-season and winter months. Construction and design will be consistent with that used in the rest ofthe building. The building is steel frame and brick face construction. The amendment will simply allow the recessed walls to be moved to the edge of the sidewalk, flush to the current fagade. The fa~ade of the enclosed seating area will include large windows allowing sunlight into the restaurant and permitting pedestrians to see the interior space and activity. This configuration will bring the active dining area to the edge of the sidewalk in the off-season and winter months. The proposed amendment is consistent with and an enhancement to the final development plan. The amendment will promote a lively street corner, increase the year-round use of the entire area and help to insure the economic viability ofthe restaurateur in the space. Experience in Aspen has shown that restaurants with only small year-round seating areas have a short economic life and high operator turn over. This is largely because it is difficult for smaller establishments to keep up with the high cost of rent through the off-season and winter months. By allowing the seating areas to be enclosed, the Commission can provide a more viable space for a continuing business and increase activity on the corner in the off-season and winter months. The goal of the City for this high profile corner has been for a vibrant and active location that - City of Aspen, Planning and Zoning Commission February 15,2008 Page 3 of 13 draws pedestrians from Wagner Park and the Central Core and provides a bridge from the downtown walking zoning to the Lift One area. The requested amendment will help achieve this goal, support a local operator and insure continuity in the restaurant space. Based on the foregoing, Applicant requests: A. Insubstantial Amendment to approved PUD permitting the enclosure of the space; and B. Growth Management Quota System Allocation for the increased commercial square footage. The requested Amendments comply with the specific provisions of the City of Aspen Land Use Code and all other requirements as set forth below. Applicant will address each requested approval separately below. III. PUD Amendment: Section 26.445.100 of the City of Aspen Land Use Code ("Code"), titled "Amendment of PUD Development Order" governs the grant of any amendment to any approved development order for a final development plan. Staff has determined that this Application would otherwise be processed administratively as an Insubstantial Amendment. However because of the other approvals that are required, the current request is being processed for review by the Commission under Section 26.445.100.B. Therefore, this application may be approved, approved with conditions or denied by the Commission at a public hearing pursuant to Code Subsection 26.445.030.C Step 3. Subsection 26.445.030.C Step 3 sets out the process and possible actions on an application and incorporates the criteria in Code Section 26.445.050, titled "Review standards: conceptual, final, consolidated and minor PUD". Section 26.445.050 states a development application shall comply with the following standards and requirements and requires the applicant to show the reasonableness of the development application and its conformity to the standards and procedures. The present Application requests only a minor change to one corner of the previously approved structure and will not alter the height, mass or site coverage as previously approved. The proposal will simply move walls that were to be at the back of the already overhung area to the edge of the sidewalk and flush with the building' s currently approved faQa(le. Therefore, the amendment will have a minor effect on the overall appearance of the building. Because of this, the requested amendment will not alter the vast majority of the previously approved PUD criteria. Therefore, where a criterion will not be altered, or otherwise does not apply to this amendment, Applicant will indicate that the criteria are inapplicable or unchanged. Section 26.445.050.A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response: The proposal is consistent with the Aspen Area Community Plan ("AACP") as follows: - City of Aspen, Planning and Zoning Commission February 15,2008 Page 4 of 13 The goals of the AACP include Economic Sustainability and Maintaining Community Character and Design. The stated economic intent ofthe AACP is to maintain a healthy, vibrant and diversified year-round economy that supports the Aspen area community and enhances the wealth generation capacity of the local economy while minimizing the rate at which cash flows through the local economy. See AACP p. 31. Further, the AACP seeks to promote a healthy and diverse economic base that supports both the local economy and the tourist industry. Finally, the AACP is also intended to maintain and create places and opportunities for social interaction and lifestyle diversity. See AACP p. 10. The proposed amendment supports each of these goals. By granting the requested amendment, the Commission will be supporting a healthy and diversified year-round economy by expanding a locally owned and locally serving, year-round use that is located on an important corner adjacent the Commercial Core. This economic use will also better serve the City' s locals and visitors by providing increased interior dining space in the winter ski season. Further, by increasing the size, the requested amendment will increase the vitality of the restaurant and create a year-round place and opportunity for interaction. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Response: The proposed amendment will not change the approved use of the previously approved space, and will expand an amenity for the local residents and visitors living or staying in the area south and west of Wagner Park. 3. The proposed development shall not adversely affect the future development of the surrounding area. Response: The Project as approved is bound on two sides by new development, on a third by a modern condominium complex and the fourth by Wagner Park. The proposed amendment will not significantly change the approved uses and appearance of the Project, and there will be no adverse affect on future development in the area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. Response: This Application is submitted simultaneously with Applicant's request for GMQS allotments. Therefore, while sufficient allotments are currently available, they have not yet been allocated to this Application as of the date of the Application. Section 26.445.050.B. Establishment of dimensional requirements requires proposed dimensional requirements to comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate - City of Aspen, Planning ana Zoning Commission February 15,2008 Page 5 of 13 and compatible with influences on the property. Response: The proposed amendment will not change the height, mass, scale and site coverage of the Project. Therefore, the amendment will not change the overall dimensional appearance of the Project. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and ofthe surrounding area. Response: See above. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any nonresidential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the City. Response: The Project is currently approved with a minimum of 21 parking spaces. However, the Project is being construction with 23. In addition, the Project sits adjacent to the Rubey Park transportation center and the commercial core, allowing for excellent pedestrian and alternative transportation access. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Response: Inapplicable. The Project is located directly adjacent to the Central Core, adequate infrastructure was found to exist for the Project and this amendment will not substantially alter the required infrastructure. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Response: In applicable. See above. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. - City of Aspen, Planning arla Zoning Commission February 15,2008 Page 6 of 13 Response: Inapplicable. The proposed amendment will not increase the allowable density. But see AACP discussion above. Section 26.445.050 C., Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features o f the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Response: Inapplicable. The proposed amendment will not alter the natural or the previously approved man-made features of the site. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Response: Inapplicable. The proposed amendment will not alter the previously approved structure as it may affect open spaces and vistas, if any. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. Response: The proposed amendment will not alter the orientation of the structure to public streets. The Project was previously approved for zero set back to the City side walks, and this existing attribute contributes to the urban context of the site. Applicant will still construct those sidewalks as stated in the approved PUD. The proposed amendment will provide visual interest and engagement of pedestrians by moving the restaurant activities out to the edge of the sidewalk where passing pedestrians will be able to see diners, activities and events in the restaurant space. This will contribute to drawing pedestrians to the area from the Central Core and Wagner Park. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Response: Inapplicable. The proposed amendment will not alter the previously approved emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. Response: The proposed amendment will improve handicap access to the previously approved structure by expanding the entry area on the corner of Monarch and Durant. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Response: Inapplicable. The proposed amendment will not alter the previously approved site drainage. - City o f Aspen, Planning anu Zoning Commission February 15,2008 Page 7 0 f 13 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Response: Inapplicable. The proposed amendment will not alter the previously approved space between buildings. Section 26.445.050.D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with existing and proposed features of the subject property. Response: Inapplicable. The proposed amendment will not alter the previously approved landscape plan. Section 26.445.050.E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. Response: The proposed amendment will not alter the previously approved architectural appearance of the building. Applicant will use the same windows, finishes and surfaces on the relocated walls as were approved for the recessed walls. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less-intensive mechanical systems. Response: The proposed amendment will greatly increase passive solar and natural heating of the building by placing large windows flush with the southern fagade of the building thereby taking advantage o f the property's solar access. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. Response: Inapplicable. The proposed amendment will not alter the previously design with regard to storage and shedding of snow, ice and water. Section 26.445.050.F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. Response: The proposed amendment will not significantly alter the previously approved lighting plan. All lighting proposed will be designed so as to prevent direct glare or hazardous interference of any kind to adj oining streets or lands and will be appropriate manner to the approved plans and use. - City of Aspen, Planning ana Zoning Commission February 15,2008 _ Page 8 of 13 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Response: The proposed amendment will not significantly alter the previously approved exterior lighting plan. All exterior lighting shall be in compliance with the outdoor lighting standards and consistent with the previously approved Final PUD Plan. Section 26.445.050.G. Common park, open space or recreation area. Response: Inapplicable. The previously approved Final PUD Plan did not include a common park, open space or recreation area. Section 26.445.050.H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. Response: Inapplicable. The proposed amendment will not alter the previously approved utilities and public facilities associated with the Project. Section 26.445.050.I. Access and circulation. (Only standards 1&2 apply to minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. Response: The proposed amendment will not alter previously approved access plan. The Project abuts public streets on both Monarch Street and Durant Avenue. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development. Response: The proposed amendment will not alter previously approved access and parking arrangements. Section 26.445.050.J. Phasing of development plan. Response: Inapplicable. The proposed amendment will not affect the previously approved phasing. - City of Aspen, Planning ana Zoning Commission February 15,2008 Page 9 of 13 IV. Growth Management Review: Code Section 26.470.080, "Major Planning and Zoning Commission Applications" requires that the expansion of the commercial portion of a mixed-use building shall be approved, approved with conditions or denied by the Planning and Zoning Commission. The general information required for a GMQS application is covered above and in the Exhibits attached hereto, except for the following: 1. A description ofthe project and the number and type of the requested growth management allotments. Response: The proposed amendment is fully described above. Applicant is requesting an allotment sufficient to allow the proposed 386 square foot amendment. 2. As applicable, a recommended Community Objective Score according to the scoring criteria applicable to the type of development as outlined in Section 26.470.120 and a brief explanation supporting the recommended score. Response: As a threshold matter, the Community Development Director must score the Community Objective Scoring Criteria set out in 26.470.120 Community Objective Scoring Criteria. Applications are then reviewed according to the applicable score. The established scoring criteria are largely inapplicable to the proposed amendment because the modification is minimal and does not change the overall Project's LEED. However, the Project is approved as Lodge Preservation PUD and should be considered for the 15 points available under that creation. Applicant addresses each scoring criteria as follows: A. Community Objectives Scoring Criterion #1 - Workforce Housing Points for the Number of Employees Housed - One (1) point shall be assigned for each one (1) percent by which a proposal exceeds the minimum affordable housing requirements of this Chapter, as applicable to the particular type of development, with actual housing units on-site or off-site. Points for the Size of Affordable Housing Units - One (1) point shall be assigned for each one (1) percent by which a proposed affordable housing unit exceed the minimum square footage requirements of the Aspen/Pitkin County Housing Authority Guidelines. In no case shall cash-in-lieu be used to obtain points for this criterion. Response: Increasing commercial square footage by 386 results in less than a single employee generated. Therefore, pursuant to Code, the Applicant proposed to mitigate this fraction through a cash-in-lieu payment. City of Aspen, Planning ana Loning Commission February 15,2008 - Page 10 of 13 B. Community Objective Scoring Criterion #2 - Energy Conservation Points for LEED Certified projects. LEED Bronze level projects = 10 points. LEED Silver level projects = 20 points. LEED Gold level projects = 30 points. LEED Platinum level projects = 50 points. Response: The additional square footage in the proposed amendment will have a separate LEED certification. However, as modified, the south facing windows on the restaurant will no longer be shaded by the overhanging building. Therefore, the proposed amendment will increase passive solar in that area. C. Community Objective Scoring Criterion #3 - Small Lodges Points for Lodge Preservation Projects. Fifteen (15) points shall be assigned to lodging projects located in the Lodge Preservation Overlay (LP) Zone District. For projects in the LP District that do not have a lodging component, no points shall be assigned. Points for Small Lodging Units. Fifteen (15) points shall be assigned for lodging projects with lodge units that average 400 square feet or less. For lodging projects that provide lodging units averaging greater than 400 square feet, no points shall be assigned. Response: The commercial square footage proposed does not add any lodge unit. Therefore, no points are available for this criterion. 3. General requirements, Section 26.470.050.B. All development applications for growth management review must comply with the General requirements, Section 26.470.050.B. Applicant meets each criterion as stated below. 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.030.D. Response: Sufficient growth management allotments are available, as none have been awarded so far for the 2008 allotment period. 2. The proposed development is consistent with the Aspen Area Community Plan. Response: See response above. 3. The development conforms to the requirements and limitations of the zone district. City of Aspen, Planning and Zoning Commission February 15, 2008 - Page 11 of 13 Response: The Project is located in the Lodge Zone District and has been approved as a Lodge Preservation PUD. The proposed amendment is consistent with approved use for the location and all requirements of the PUD and zone district. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Response: The proposed amendment is consistent with both the Conceptual and Final Lodge Preservation PUD approval previously granted. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable Housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Response: According to pre-application conferences with Staff, the proposed amendment would result in an additional 0.95 employees. As this is a fraction of an employee, Applicant proposes to mitigate this employee creation with a cash-in-lieu payment pursuant to the Code. Staff has indicated that payment will be $120,099 (0.95 x $126,420 (Category 4) = $120,099). 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Response: Inapplicable. The proposed amendment includes no additional free-market residential net livable area. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Response: The proposed amendment would add approximately 30 additional seats to a restaurant space that was required and approved under the previously PUD approvals. This represents a minimal additional demand on water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. City of Aspen, Planning anu Zoning Commission February 15,2008 Page 12 of 13 V. Conclusion: Based on the foregoing, Applicant meets each of the stated requirements for the requested approvals and amendments. Beyond the listed requirements, the grant ofthe requested approvals will promote the goals of the AACP and support the locally owned and locally serving business that will occupy the restaurant space already approved for the Project. All of this will result in the promotion of the local year-round economy, diverse activity in the downtown area, and will benefit the City's vital character and energy. Thank you for considering this application. If there is further information that you require, please do not hesitate to contact me. Sincerely, KLEIN, COTE & EDWARDS, LLC /1 \1\ By: urqi Eben P. Clark PUD Amendment Applicatin Ltr 02-14-08.doc City of Aspen, Planning anu Loning Commission February 15,2008 - Page 13 of 13 Table of Contents: Exhibit A - Completed Land Use Application Exhibit B - Signed Fee Agreement Exhibit C - Schedule of Exceptions to Title Exhibit D - Vicinity Map Exhibit E - Pre-application Conference Summary Exhibit F - Approved Final PUD Plan and Plat, including: Floor Area Calculations; Site Survey; Site Plan; Landscape Plan; and Floor Plans. Exhibit G - Existing and Proposed Floor Plan detail for requested modifications Exhibit H - List of adjacent owners within 300 feet for public hearing EXHIBIT LI ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: 1DA-*Cl,Mi ''Rear LA..0Â£ l.(-c_ Location: HI IS. k oudi /4-310Â·.1, Co (Indicate street address, lot & bfock number, legal description where appropriate) Parcel ID # (REQUIRED) '2732 l%2 llc>02 REPRESENTATIVE: Name: E 6ev-9. Cl.4 - 14 leZN, Coti- ed '54,; #4443,1.Â£-c Address: 2-0 ( Al. All( St. / 4-Â¥e,u Co 9 (6Â£( Phone #: 9 la - 1 25 - 9 700 PROJECT: Name: --DANCL 69 , ~Recir (_. cQ, - Ae peÂ» Address: 4(( S. FulowK=Li AfpeN Phone #: TYPE OF APPLICATION: (please check all that apply): O Conditional Use C Conceptual PUD E Conceptual Historic Devt. C Special Review ~ Final PUD (& PUD Amendment) U Final Historic Development El Design Review Appeal 2 Conceptual SPA ~ Minor Historic Devt. R GMQS Allotment ~ Final SPA (& SPA Amendment) U Historic Demolition E GMQS Exemption 2 Subdivision U Historic Designation U ESA-8040 Greenline, Stream ~ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane C Lot Split 2 Temporary Use K other: U Lot Line Adjustment U Text/Map Amendment Ls.&4.Â£.(PeD A.-6.4- EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Apprz>ue,Q Loâ‚¬~*e cer,A-Uu 1>013 - per.â€ž9(3 -4 5.11.47 co.~Slv,tctek PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 0/1 :No/ Er,/04904 of- 12â‚¬skâ€¢wtut- 59.ce_ liave you attached the following? - - - FEES DUE: $ 1 ~495.00 @EPre-Application Conference Summary ,Â®~ Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form -EE Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. EXHIBIT 1__8_1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OFASPEN (hereinafter CITY) and J*JC,Al ~ ~ecl r '~ANd? 1 1.-1-_C_ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Miwor '-POD A..Â£*..4-- ..00Â¢ cltKGS Allgt~e,4- (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 CITY 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 additional costs may accrue 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 greater certainty ofrecovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information 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 CITY'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 $ 1,4 51-6 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 CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be 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 processing have been paid. CITY OF ASPEN APPLICANT -PAAC M 0.13â‚¬0â€¢- j.Â·~/4 AÂ£ o~ / L L C By: By: - .W kiMWRI Chris Bendon Community Development Director u-eÂ·. -2_( '~ f De Bill To Mailing Address and Telephone Number: 201 E. M.ll st, 96 203 ~A , 00 9( 6(1 CA 26,6211 0(444, EXHIBIT LI ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001350 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED DECEMBER 24, 1887 IN BOOK 59 AT PAGE 564 AND JULY 19, 1889 IN BOOK 59 AT PAGE 571, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10. TERMS, CONDITIONS AND PROVISIONS OF MULTIPURPOSE EASEMENT AGREEMENT ELECTRIC AND COMMUNICATION UTILITIES RECORDED JUNE 15, 1976 IN BOOK 313 AT PAGE 246. 11. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN IN THE SURVEY RECORDED JUNE 9, 1997 IN PLAT BOOK 44 AT PAGE 11 AND FINAL PUD PLAN AND PLAT FOR DANCING BEAR LODGE RECORDED JUNE 8,2004 UNDER RECEPTION NO. 498443. 12. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 29 (SERIES 2003) APPROVING THE DANCING BEAR LODGE PRESERVATION PUD APPLICATION RECORDED JUNE 08, 2004 AT RECEPTION NO. 498441. 13. TERMS, CONDITIONS AND PROVISIONS OF PUD AND SUBDIVISION IMPROVEMENTS ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001350 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: AGREEMENT RECORDED JUNE 08,2004 AT RECEPTION NO. 498442. 14. TERMS, CONDITIONS AND PROVISIONS OF INDEMNIFICATION AND TEMPORARY EXCAVATION AND SHORING SYSTEM EASEMENT AGREEMENT RECORDED OCTOBER 30,2006 AT RECEPTION NO. 530449. 15. CONDOMINIUM DECLARATIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITrED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED , UNDER RECEPTION NO. 16. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MA1TERS AS SHOWN ON CONDOMINIUM MAP FOR DANCING BEAR RESIDENCES RECORDED UNDER RECEPTION NO. 17. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 30, 2006 AT RECEPTION NO. 530449. 18. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT LICENSE AGREEMENT RECORDED JUNE 11, 2007 AT RECEPTION NO. 538776. 19. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED AUGUST 28, 2007 AT RECEPTION NO. 541427. 20. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF LOAN AGREEMENT RECORDED OCTOBER 19, 2007 AT RECEPTION NO. 543334. .Y 0 ---* ... ~~ - 7 144 1 -F.7-#v - Wp 2 i 1 / 1 -= 1 11 t-$ . i 1---__--t -__[1--1 1 4, 4. E Cooper Avenue 1 1442%70-6- I -Â· f ..f):Â·4 1 -3. 2. - 1- -'. A.!11 :- . .... -..â€ž:...:./ -79,13 \ ,Â·l{N?t' .-.j..41469?j ..':fÂ·;'Â·'-Â·'Vp t'u Â·f:.AI.. f?YWRiffÂ·t :4.:. LED':1..... '..10.49 7 y. . t. 1 LIME L.16147 - \-//1 -- 1 Li - 1.., iÂ·.*%4*2..:.9.M.:'-67'. ...82::: '~. '.4.Â·.. i \ . . 1 - . ... 1 - - -- il i 0-1 .,9#ap: 4 - ' V~Â·:% '' 0 . [ 1 4 - i i Â· 4 ---1, i f f-- f D.BEAR r- 3-- Â·t I I -1/ /*Â·,Â·2:,' ~f~...':b:-IL.-:i:Â· -7Â· i .: f --4 U 1{1 ==60[-DII E Durant Avc F .- 1 1 7.7- -... .+-v - --#.-._* - . 1 |11 .-I If- , 1 1IGIHX3 EXHIBIT L=_J CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2754 DATE: 1/31/08 PROJECT: 411 S. Monarch (Dancing Bear) REPRESENTATIVE: Eben Clark of Klein, Cotes, and Edwards OWNER: City of Aspen TYPE OF APPLICATION: PUD Amendment and associated land use applications DESCRIPTION: In 2003, Ordinance No. 29 granted approval of the Planned Unit Development (PUD) for the Dancing Bear Lodge. Part of the site specific development plan approved a certain amount of ground floor net leasable area proposed for commercial (restaurant) use. The site plan included two covered areas as well as an uncovered patio for outdoor seating. The Applicant is requesting to enclose the two covered areas and increase the approved net leasable area by 386 sq. ft. for year round seating. The Applicant will need to be reviewed for growth management approval for the additional net leasable area being proposed and amend the existing PUD and commercial design approvals as part of the application. As stated in the land use code an insubstantial amendment for commercial design review can be approved by the Community Development Director if "the change represents a minimal affect on the aesthetics" and no other land use review is required by the Planning and Zoning Commission. Since the application requires reviews by the Planning and Zoning Commission, an insubstantial amendment cannot be processed. A substantial amendment requires a two-step process unless consolidated into a one-step process; however, the consolidated process is not to be consolidated with a growth management review. Staff recommends consolidating the conceptual and final commercial design review into a one-step process and separating the design review from the growth management review. This will entail two separate reviews by the Planning and Zoning Commission. The design review submission can be submitted at the applicant's convenience and the growth management review can be accepted on February 15, 2008. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.412.080 B., Substantial Amendments 26.412.040 A., Review Process 26.412.040 A.4 and 5. (application and procedure) 26.412.050, Review Criteria 26.412.060, Commercial Design Standards 26.445 Planned Unit Development 26.445.100, Insubstantial Amendment 26.470 Growth Management Quota System 26.470.080 1., Expansion or New Commercial Development 26.470.110. C, Application Review Procedures - Major P&Z Review Review by: Staff for complete application Referral agencies for technical considerations if necessary Public Hearing: Yes at P&Z review Planning Fees: $1,470.00 Total Number of Application Copies: 12 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 8. Proof of ownership. 9. Existing site plan. 10. Existing and proposed floor plans and elevation drawings that include proposed dimensional requirements. 11. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 12. A written description of proposed construction techniques to be used. 13. All other materials required pursuant to the specific submittal requirements. 14. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 15. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT 58 1 00 M-1 ~~ brown ARCHITECTS 111 SOUTH SPRING STREET AS'IN.COLORADO .1811 DANCING BEAR LODGE ..1 97(192S-2,00 ,;pu} .~C~94.22*4 .........0. Final PUD Plan & Plat DANCING BEAR LODGE Asper~ Colorado TrrLE CERTIFICATE ,# CLERK AND RECORDERS ACCEPTANCE DATE ISSUE (tinguago may vafy hy title company) A f. 12/31/2001 ConceÂ»al Design ~ -- ~ 7318 PLATOFâ„¢E The#...9:04WAS ACCEPTED FORAUNG IN â„¢E THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTAnVE OF OFFICE OF THE CLERK AND RECORDER OF â„¢&COUNTY OF Pm<IN, STATE 03/19/2om Conceptual Deaign Revisions ' REGISTERED TO DO BUSINESS IN PmON COUNTY, COLORADO, HEREBY OF COLORADO. AT 1.2130'CLOCK.&:M. THIS n DAY QF . 06/17/2002 Progres CERT!FIES THAT THE PERSON USTED AS OWNER ON THIS MAP HOLDS FEE -54 JA â€¢ , 2001 IN BOOK NO. -121Â· PAGE NO. 9410 AND 04/15/2006 F'&2: Ectiks AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE, WOR GUARANTEE OF SIMPLE TrTLE TO THE REALESTATE DESCXBED HEFEON FREE AND CLEAR RECEPTION 7-â€¢8%*Â©- 06/10/2003 City Coâ€¢mcit OF ALL LIENS AND EMGUMBRANCES EXCEPT POR THE LIEN OF THE MOATAGEE NAMED HEREON. ALTHOUGH WE BELIEVE THE FACTS STATED 08/12/2003 Preliminaty Bidding Set ON THIS MAP ARE TRUE, THIS CERTIF,CATE IS NOT TO BE CONSTRUED AS 2*ZE/1Â£**"4 j,f'Xjgmt 10/01/2003 Mat/PUD St" 11/01/2003 Plat/MID TITLE AND IT IS UNDERS'FOOD AN[) AGREED THAT OBUGATIONOR LIANTY WHATSOEVER ON ANY STATEMENT CONTAINED .22/ REIN CITY ENGINEERS APPROVAL- 3filu i jj i BUM,0 5 -14-011 Date â„¢E ORY ENG;NEER OF *E CRY OF"ASPEN. â„¢IS 1Â»6. DAY OF â„¢IS PLAT OF â„¢54...1...../9.-LA.ANAS REVIEWED AND APPROVED SY AA',7 , 200* - THE FOSEGOING TITLECERTIFICATE W,**~*~E~~~~ BEFORE ME <-2.Le .064 â„¢18 -4- DAY oF Â»t*Y - , 200Â£ AS THE - POS[TION &2*hÂ·HE 641Â£0Â£ THE , / C# Engirleer MY COMMISION EXPIRESÂ· - TTNESS MY H~AND OFFCUL SEAL ~ P ....â€¢ \ 1 CITY COUNCIL APPROVAL 11 -/ = â„¢IS PLAT OFâ„¢E &18!&~.262&&.WAS AEÂ¥!EMU> AND APPROVED BY , 2001 AS CROINAANG.NO.21*AIES OF PRBAND THE CrrY COUNCIL OF IHE CRY oF ASPEN, â„¢ia _-11:kh DAY OF NOTES: RECORDED AS RECEPTiON No. 49.gd~OF THE REAL E5TATE RECORDS DIMENSIONAL REQUIREMENTS: PUC) via ORDINANCE 29, 2003: CEF~~ -DICATJON AND OWNERSHIP OF PtTKIN COUNTY. COLORAN. SIGNED THIS _26[)AYOF 3â€¢.-- .2001~. 161OW ALL MEN BY THESE PRESENTS THAT Wkijah-W BEING THE 1. Refaience flnal approval pursuan to City Council Ordinarci No. OWNER, THE MORTAGEE OA LIEN HOLDEROF CER-OUN LANDS N THE CITY ATTEST: COPYRIGHT MInimum Lot Size 6,000 Squape Feet AND TOWN SITE OF ASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS 29 (Series cs 2003) sigi-meG;K--- *-2=gr*ZC Minimum Lot Area per Owelang Unit No Raquimmer,t . FOLLOWS: 2. Referince Subdivision/PUD Agramientrecorded at Reception No. Maximum ABowible Density One Lodge or ResiderÂ·10% (27 Lodge Rooman,i Lai'b PAR,e tei-OCK 77 , CITY ANG, wilhom. tb. ippro.1 .1 p.gupat~on of Ihe //10#*,ct. â€¢ Am>,dob,I Housing) Bedroom p/ 380 Squarg surtable tr 1- c.7 ot'r /01"ts 0/ ~ c*/9/ loaher' , 3. *Al-Bullt Drawings. The Owner shall submit ai-bullt drawings tor Feet of Lot Area -Thwktâ‚¬,Te OF A.Â®FEN < rr oF â€¢Â¥â„¢,Al ' Â¢,T*Te OP COÂ·ataCko R/produc///1 pru//bited- ~ i al; slt, Improve,nents constructid al part of the protect (including 811 Â· COMMUNITY De/ELOPMENT DIRECTORS APPROVAL subsur!ace uttiless) to the C}ty at the time of the Certificate of Occupancy. Al-built diaN,Ings shal, be submitted: (i) as 24936~ Minimum Lot Wtdth 60 Feet DOES HEREBY PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE mylar sheet(s} stamped by a Cak*ado Pifessional Ucensed OF THEIJancir~*ear Lact~r. CmY OFASPEN, PmON COUNTY, THIS PLAT OF THE Duo-=06â€¢â€¢21Â·16%/WAS REVIEWED AND APPROVED BY Â© 2003 Styleer/Brown Architects Surveyor (PLS),and 0~29-lE,Nt.E ~C... Afchlt//Au WaD ShonÂ¥, cr, Proposed Plann CITY OF ASPEN, THIS _ach DAY OF "43 ' 2001 Mklimum Fror,t Yard (E Durant) Setback 8 Flet t, Main S*...* 0 F.l k, Sm; COLORADO. THEOIRECTOFI OF -THE COMMUNFTY DEVELOPMENT DEPARâ„¢ENT OFâ„¢E T~16 DAY OF SEPTEMBER OF 200_ SHEE TITLE Minimum Sld, Yard Setback 5 Feet for klab 8,uctur,/ 3 Feet for Archtadural Ch .Â£_ A U-c,- Â· Ovest-g, and Columns. and O Feet for Stali 01*or Plar,ter Baxag and Waamsy Defining Waili 061,6r(s) v- 1 COVER SHEET 411*r-,urn Roar Yard 1 Foot Man,Num Sh Covefawl No Requirement 71 80:Â·rt,T or Tile W.'.C nEVICÂ·YED T- p----Â¥EDÂ·eÂ¥â€¢ Maxd,num Height 46'-8. hom ExtiaW Grade to 2- Top 01 8-i Foure, Floor Biv=, Shirt Siarkco TITIa-OK.'Or- . ZOO_. 1-,Imum DIster,c, Belwaer, Buk#ng, or, a Lot No Recutremâ€¢rt ATTEST: MInirclrn P.fcont of Open Specs 9 PerCIWM Paee,r-,/101,ehair-Ymra//- TISh A=es A- 36 Square, 8-t Ptus LoadIng Aina SCALE. NFS Al~O-ble Exiernal FAR 2.98: 1 Mhmurn Off-street Park.lg 0.57 Sp~c- per Bidroom ( 21 Spic,â€¢ for 3 1 8,drooms) 498443 l[1~JmlmimUÂ©lll~IWn lum un Ul- I.-: 1 I. 17 I/=/2-4 ll:14â€¢ ?3 bloq -r-B DANCING BEAR LODGE FINAL PUD PLAN & PLAT 5/1 7 6-,ft . V 1--10 C iÂ· - t 0 10 20 O Â¤ TY 00.~ENT ~ / 4 0rr0U, l,ll,L IS I FOOT g A @ LEGEND ANCJ NOTES '4 7 -- ALLEY BLOCK 7 7 . <C- 8,3 MN/Il-E #48-A Riwiy-1 I M - 791 1 8- Â»I N G 1 0 Fa/0 SLRYEY MOâ€¢LPENT Il 5 ABAR W! TH CAP AS CESCRI SED ~ J>'Kk~lam 2'c-129 N 75 09' 11* W 119.57 -1 afmS OF =Elle NG, 90,0 a 71 pot,ENT S~ CCR m.1( 77 \ f -r--791 S- N 4.1 . 245 / 4 . I. 1 *0 1}E SE- CIA ELK 96 . i Ya. FLA CAP IN CDC 1 mUU --i 1475' 09- 11-W 1.3/4.9/- LL..2..1 :Â¥=2 + - aIx PFURATE] a,sa 01 a TY MCNMENTS 024 a.ocx n 5- 1-el.-Ii 4913-/ . -Â·... PMROO Pl TKI N Ca NTY T] TLE. I,C ColeÂ·DENT / a g 5..10..-l FC,4 11 111 1 NSUVOCE C,2 N:1 PCT-1,111 OAIED 18/29/90 d El-E TELE .Â·,A, Â· 1 WAS LEED 1,4 -DE P~PARK!,04 oF niS PLAT. 52=-0 UTI LI 11 ES -FOSTER-HT DECK un C TY max 29 :r /.F i 1,3 ji ,Â·-I - - --- A 9.*RVEY COÂ·ma. POI NT CEIX ENCI~]POES 79:5 -14 11.1 - - Â· . Â¤1 NE]C, CMEÂ»-0 E E INJU RaW z 90*4 E-â€¢ azVA-Trale NE BASED Cli C~TY 9 A-EN G I. 1 FOUâ‚¬NT -112- 01 POOL m - 7. ma 5, ti -AL i Zâ‚¬ 00 7" -- ELY CCM F~ TREE SUE 9-CZ ULEES IE OVEÂ»#ING - 1.3 Z. 8418,,s.e. â„¢E *k OK 9 4 94. CCIC - 77 8 .44.. PATI C I .. m FE;291 2.EVKno, OF UE *EnER SO,RE VE# PLAFE 2 AT PROBEVTY COUER CAC: LE=10 alâ„¢CE P~OM 7% IEST Â¤ VI EM PU,E CIREM AT 2- 53 38- Aa(NE *CIO ZIN RIM A Â¥1 54 0 LINE ELEVATI 04 , 7. 91,1 18Â· . TOrAL AREA 11.957 90 FT. â€¢/ ELEVAT I ON OF R I TZ ELEVATOR ROOF : 8002 pO R S TREE SIZES UPDATED 6/02 12. F Â·. NSEâ‚¬%955E?~#i:fEEN[(~L m..4122 0 Â· MILL 01 PREP. 11 12 B _ - -- caTIFICATION IMPROVEMENT SURVEY FLIT PERFORIED 21â‚¬>ERÂ· hrrÂ·SUPERVISt.ON FiEW-1 - , HEREIÂ¥ CERTIFY THAT 1181 MU ACCURATELY DEPICTS AN W.-I ,-- [EEKE] .-/Ri DOâ€¢Ble WAÂ¥ 97. FEED. al A NOW. 2 0, 71â‚¬ HEEON DE:CRIIED 1-ROYE],ENTS, EASE]ENT, AIC *rl#TSâ€¢OF-IAÂ¥ 14 EVIDENCE oR - .-. -+-- . _ 11 1 3 - BARCEL 1 0,0. TIE LOCATION ANCt DrNEMSIONS oF ALL MFaegEFUME,4/4"trf'/86". O TY JOLIENT ., Clj.. 0 149.48 0 , Â· Â· ...r.... ... - sige nus v oF ~6.ze,-.e:22%Â¥~ i - 29-11-,=1- -22Â»- 1131 f Atk ..,-\: .\/ 1*1':9..TSOTEK-Ecr7ilif.92%95'but 43' - ..Â»+ 1 1 9.57' 4/1 A cÂ·~m . 6 . CAP'- - 1:n 26Â£ 03- \*'CA:* S VS- 09~ Rl~ E~~~~ ~2 7~ 791,- 1 1.1,1,-791B- - ,L - .L 171 â€¢ ~ 2 -+al- ~~-fÂ£Uk- L 7920 -- - ... ......- -aie-- ---0.,-"-4. ~ TOP 7985 TOP 7988 EXISTING CONDITIONS TOP 7967 IMPROVEMENT SURVEY EAST DURANT AVENUE LOT P. a R. *E) S BLOCK 77. a TY AM) TENâ‚¬ TE OF ASPEN COLNFY OF FI TIC N STATE OF COLOR,00 75.00Â· R.O.N. PREPARED 57 IRIalll.Ill:%@Ilmilim mmill. 498443 ASPEN SURVEY ENGINEERS, INC. 0.... 210 SOUTH SALENA STREET ASPEN, COLORADO 81*11 PHONE/FAX (970} 925-38;4 JU-'--~ 11#*#Zj'W=#muvuit. DATE 305 2-%* I .n 10 N# In *fm Illâ€ž M 1-L 4 1- ID/C3 200)03A REVUED ARIL 30. Zoo4 A 1.2 Gl-- 20 3 S 14' 50' 49- W 100.00' WINDOW WELL --8 1 - ,Â·-37-f = ----Â·Jlf m I J - P h.. r 1 - 1 L Emalia*-v-*ig~2*~*~SaL-- A ---1 - 1,1 3 --4.: :[. .., 1 1.- i 1 .r= 1 â€¢ -te - -Â· t.- g~%%25=*jim"/Iingi ''I -41-.1- --1- ---*-- ---= -- 1 1 , - d 111 1 - 1 1.Fa~ == ..-. --'IT--_-.-1--JX.-Y.-*-I-' - - 14= ! 4.-4 1 Â· _1:2-5-21 >---7 -7 .- 7 f.- L ..1.-I=Il r Storagel: 1,697 sqft 1 1 l i - 1,265 sq h -....., L .. .- 1, 2 _ it...1 -_--__.... ,. ,... ----â€ž--=.....T, w Storage 3: 2,986 sqit i -Â· 1.801 ServiceÂ· , --t-----------.-~~Â·-Â· LA------- -- Â·- ---- --- --Â·- ---- --- ---, ~ , --- - *= .-- . 1 Game: 2,448 8,298 sq A - 1,069 sq ft Cortidor Corridor - -- --- r - - - --5- - Corridor/ - - '- -_stair: 327 /Stalr: 1,475 sq ft ---.r.......j.-----rÂ·---~:4-~--i~--- -----~ ~'~~~~~~~~~"'~~~~~4 Stair/Others: 1.038 sqft ._ _ _ met 1 - 1 I Total: 4,576 1.1 Total: 9,507 sq ft Total: 9,336 sq ft 9 â„¢1-2[27{-_. 5 __......3 . -3-4.-1-4241-1--1 - 2-1 .1 b -- 1 ~11 1 . diti N VE - Basement Subbasement Parking Level ~ 11 -MT-n _ _ - -_ - 1 - -1 M E 1 = 3 9 --1.--94-J-f[ --iR#MB.4 1/mimaN"Blimmiwi"imme/Inx 6 ' ~ . ------2=11=14-- . 6--1 - JI ~ 13- 9 7.*p -Â· p f.- I. --- -_ - 6_-9,#â€ž..--914&Ta.4-.4 1 ..4./. ri , . - ~EMISSEEZEZI~~li~~M~!EE~~N || -- Il I----*-7&=--1&2-N91-+*=A ~ 6 -T.1 -- EFFÂ»4~ ~r ..1Â« -- 1 -I). , ~ 1 1 1 - - Employee -- SUITE 2: 2,122 sqft il , - I -- I .11 SUITE 6: 1,717 ' -1 1- -31-3 n SU1TE 3: 2,153 sci n - UNIT: 1,686 sq R --- SUITE 7: 1,716 SUTTE 1 2,127 sqft . -:=6 - 7 , ..... 3L-} 1 SUITE 9: 1,802 7 1/n Lobby - , , , SUITE 4: 2,206 sq ft --W-r-,-- -- SUITE 8: 1,79E 1 -4 = - --- -- -7 '-+ - SUITE 5: 2.111 sqft /Lounge: 3,075 sq ft v - --- -~ ~ /Stair: 995 Corridor/ Corridor - --4 Corridor Stair/Others: 1,601 sq ft /Stein 1,111 sqft - 4-4. 4- - ...2--- 'ZS ..2*~L- ~-CZ-1 ----- ~ Total: 9,703 sq ft -- - - ! -4-4- 4-3-4 Total: 8,025 - Total ~ 8,502 sq ft Balcony: 2,025 - A First Floor Second Floor Third Floor Pag.: 2 of 17 ea/*8/2-4 1~:142 498443 SILVIA O-,1* PITIUM COU,reÂ¥ C. . 171.- .... 4 44 -\It Jit .F #' 1 --! 1 -- ==A 4,12; 1 Â» Total: 1,557 sci ft 211 Roof GARDEN f- L 491 -r 61 INDEX OF DRAWINGS PROJECT CONSULTANTS PLANNER SITE/ ARCHITECTURAL: , Mitch Haas, AICP Hass Land Planning, LLC Cover Sheet , 201 North MIN Street Suite 108 Aspen, CO 81611 C A 0.1 Index Sheet/ Area Phone: (970) 925-7819 ARCHITECTS Calculations Al.1 Site Plan - Proposed ARCHITECT 11. SOUTH a,MING ./MEET A 1.2 Site Plan - Existing AIP EN.COLORADO 1,111 A 1.3 Site Plan - Tree Removal David Brown, AIA <Pm)970.@25-2100 (hx>27WM-2201 A 1.4 Site Elevations Stryker/Brown Architects, P.C. 119 S. Spring Street A 2.1 Subbasement Plan A 2.2 Parking Level Plan , Aspen, CO 81611 , Phone: (970) 925-2100 A 2.3 Basement Plan ~ A 2.4 First Floor Plan A 2.5 Second Floor Plan SURVEYOR A 2.6 Third Floor Plan. A 2.7 Roof Garden Plan David Maide, L.S. A 2.8 Roof Plan Aspen Survey Engineers, Inc. 210 S. Spring Street Aspen, CO 81611 Phone: (970) 925-3816 A 3.1 Elevations LEGAL South Elavation Nor#, Eleva#on Herbert S. Clein, Esg. A 3.2 Elevations Ctein ~met, P.C. East Eleva#on 210 North Mill Street, Suite 203 West Elevation Aspen, CO 81611 DANCING Phone: (970) 925-8700 BEAR LODGE Aspen, Colorado DATE ISSUE 12/31/2001 ConeptuaDMign 03/19/20m Conceptual Design Revision, 06/17/2002 Progresâ€¢ 04/15/2003 P&Z Editz, 06/10/2003 City Council 08/12/2009 Preliminey Bidding Set 10/01/2003 Plit/FWD 11/01/2003 Platt FWD COPYRIGHr 8. d=m-,have b-1 ,â€¢pired/pdcany 11!111@JAI ~1:11~ Milli 1 lilli M ij[ 1 i:2%â€ž:: : % Â£232*EMEE:=. r. '', '- L AREA CALCULATION Actual Fl. Areas Â© 2003Â· St,yker/Brown Ard,hects Suite 1 SuRe 2 Suite 3 Suite 4 Sutte 5 Suta 6 Suite 7 Suite 8 Suite 9 Subtotal (SF.) SHEET TrTLE Roof Garden 1,567 INDEX/AREA Third Floor 1,717 1.716 1,795 1,802 8.025 CALCULATION Second Floor 2.122 2,153 2,208 2,111 9,703 First Floor 2,127 8,502 Basement 4,576 SCALE: NIS Parking Level 9,336 St.,bbasement 9,507 Total (SF.): 51,206 A.0.1 0- 1369 0PM ARCHITECTS 119 loUTH ./.1/0 GTME ET ASPEN,CO L IMAO' 11011 ph):,7(1925â€¢2100 (FA,) W7~2-2253 .ry-t....Im NOTE: ~ 12%2~QIWOF~~.~'IEER LL 4.--&. - ALLEY t ./re I :Im:;tz,~ 747 - - -------- . -L...r.-ZZU-JIZZZ-Z-7--~P~EUZZU&3lf.---- ----Pet.~-- --_ -- M--- I Â·227Â·...~ 5'ASPHArTSÂ·rlip- Irwa#i,6-:6*idâ€ž*482~ 1'. I' 8'Â·4' l I'â‚¬-Li* L.--- -7-:-I ri-Frr- -3..19.- - AE,571 TO NUTE 3 1_J-79'13~- THE â€¢ Â·Â·. Â·\ -- REal-ED BY CITY R .AR-PROOF - -- - =----+ 92.- N Â·' --Y DIGINEEM ME.... SHâ€¢LL .. ...r-m .....30- ABOVE ./S .le# ~~4~1 -/.- PARKING- 4,1 , . imiÂ»1401,0,21,0Fna.y. AS,1 A,0*44-4-â€¢r&*34 DANCING 1 2010.=50&=~ re<n - c '. r H I fAE:ll ! a,Â»Adi-iNJFY ~ . , '0-â€¢=â€¢ _2~ I .-4 1 PROVIDED FORTHE ENTIRE ~:On,OF THEALLEY. BEAR LODGE 6.In// 4,-Â·3 ht - -B ,- 4 1.0/INS 4% - I - , 1 SIES, ' 1 ~ 1 1 1 tâ‚¬ - , - -- I. s..râ€žâ€¢,CX FOR -0- r' .1 -Cl'.Ocle~I ~rÂ·-1 _' I .. . - .. ~1- , -13 , / ..2 . - - Cou~t ' c : --W- , . ./1 Aspen, Colorado . .1. t, ---- .0 , 144 - .-1 1 IVIPLE. TYP 3' SETBACK FOR COUJ- 8 n. --- --- - . . -L'. OVERMA,leNG AROÂ«TE..k -.r, 1 < . :..ET Um{T Trp. PROJECTIONS 2-1 .....=t-, 4 i - (AS REQUIRED BY ClrY) 4,1,66 2 - 62-COVERS' 91~~5 --.A 15-im ./.' 7- I " Â·Â·- 7.14 - .. A ..,â‚¬ 05 4 DATE ISSUE 33 *4 1 -96- /52% I f- -Â·Liy F .0 1 Arr: U 12/31/2001 ConcmÂ»al Design 24-5 r-=1 tave CE 03/19/2002 Canceptu~ Deeign Revietons 3=>f 06/17/2002 Â· Progress ' CA-Â·. = ~GLLIGHTE~AE* -- Z Tr- -+-1 weua~Le.. Â· O 06/10/2003 Ch,Council -- 04/15/2003 PS:ZEdits 4 ---7918--- tmat =a 8 - 47 I . ErÂ·14 4./ .- 08/12/2003 P=liminâ‚¬Bidding Set - . I .ab- . ' %4 -.*-~-/ I.. --------..43Â·34 F- 10/01/2003 Flat/PUD 2Â»04 -Â·Â· --' -- .5 0 11/01/2003 Flat/FUD 4.9 -*V. '.-Â· 1 00 7 ... f NKâ€¢ THESE ARE Â·ARDÂ«FECTURAL .,29 PROJECTOIS. SAY./.0/1 --~.-r~ ' Â· 100,-7-Â·All/gE,4 1BE. $,a.Â·Â·i........_~... .... . . TIITABOVETHEFÂ»tiTFU]OR y---/ 4# I '' ..L- tli46 - tt.Ag 779 Â·.4.--L-Â· . -... - --* 46662 4:2.Â¢ :=. 1,Â·: *1 ,....... . - I Â· Â·Â·t * I -, 1 Al ./ I. - .1-1 - :tr,EN"t 9 6,: , .-- 4.1720*41-. '1 -. , .1 #441 5 -Â·14 7 - : 94& .*-A --- . - 1 elerÂ»441. 1. 9)01 91 0 4 I .....b>t ,~ -1.-221- i Am--1 ..Â©>4:-p'~ 0-4-d.,3-4., -r..., 4- ....14==RK<~~~~ - L.FÂ«-1~F.-ULLIEs=iÂ·YÂ¥:1 112.-:1. : 2 -=LJLAZE..-6,/r~~~.-z...Â«Ca~TINGFIREPI.LI~ - '__,ZABEPY+V )7219f~~~- :Â·;49-1O~ta RE'O -Â·Â·3 ---cpor-':F,AER- NOTE 2 RAOILZ - REFER TO \4 / i t--:A:z-- A N COPYRIGHT L ./ WAIl 4-44 ~Mi ' ~ta=4<42&= -1 Rep.due"ap.hibl.d. curb - ...*- W. 1 7ONOTE 2 EAST DURANT STREET = .6...awl*48839vz~E Â· 1 8 20 Â©20039*Yker/Brown ArchitectÂ» SHEET TITLE Ma"U'"Mulm"MUMUM.- 498443 SITE PLAN 0.- - Proposed SCALE: r - 10'-00 A.1.1 ..*pf ' 4-8 -2 \41 1 1 li) 13 Pts ED= A-RCHITECTS lie *OUTH ...1/G STREET A....,Col lilli 11811 (Ph) ine:S-*$00 19) 976926-2251 Wae ....AL.4-'. ALLEY ~ GRAâ€¢. 1~8.5,Â· (1 1 .....1 ... , '1136â‚¬Nlk"I- 24 _ _ - 7915 -* f 1/81! .. f'Â·3--'; emperty Ihe 1 -' 4 DANCING I ---i -571.4 PARKING M , --- 1 1#3 4 Â· BEAR LODGE . , , 11 -011 3% 0 . p 1 -4 - - -- -- -7-**1 ki- .4 <. .:f ,4.' Â·V.- 1 --''~~1~ ~ ~'~ ~~ ~ AsÂ·perÂ·, Colorado CICK.."/0.1 , L., . 1 3 1 a 9 0. 1 A 1 2 41 1 p 1 + /1 21 -- -- ..Â·-- 8 -Â· LE--3.---- ibÂ· ~ ia . AL. tÂ·:%1 1 - , , L.--4Â»134 W , CONC.... DATE ISSUE 12/31/2001 ConcetraiDegign 03/19/2002 ConeeptualÂ·Design Re,4,1010 06/17/2002 hogress 21113)1%124 * . Â· 4. ... 04/13/2003 282 Editm . -Â·-79,8-- 5':9 } 06/10/2006 City Council 08/12/2003 Pâ„¢EminaM Bidding Set 10/01/2006 Pht/PUD 11/01/2003 Plat/PUD 17 1. - . ..i ------*-Â·Â· AÂ·.'â€¢Â·,Â·~7 : .. . 41.11 ..17918 8 - ' i--1- .T -- 2.- i.t... - 8.1 - â‚¬Et-Ud - - .... - F.-Â·L- 1 .) .*I - - m 4,)., '1 1. -/ - - Easâ„¢G 1 STORY BULDING - ....Â·---15*AL-ARS,4 : 11,957 Sh a - , ~ E..14 0. -1- FAÂ·.Â· 4 - . I - I - . - --I - \ , 49Â·:Â·2 ! t . , 1 1 -/ /. Â£':,j I L, 01"f I.'/*.. ;AeJ.*f- ---- ..5/ ' '~ 2,17 L.;;1 -Â«1..... 1 1â€ž1.11\-, \ N Copâ„¢IGHT 12-do/,8,//Ah-b.â€ž,pzip-aspe/8/any %. - - Rep'vid"'* p,olabt.,L /9 i 7~10 ----â€ž-3./---- ft gkÂ¥ s e.i. \ F 11( M6EEJEEIEEEL 1 bu.Â·>ff 210.tlit~ EAST DURANT STREET r 4 Â©2003 St,yke/Biown Ard,itects 09~-2*T~&...:.*~..~Th 1 flim ililll'll lul jillill 4% imill m imi m lin ././..4 1.Â·144 498443 SHEET TITLE pâ€¢-: 1 â€¢' 17 St'.411. Â¤.ffs .Iâ„¢IrÂ¥ CO / 171 - ..â€ž SITE PLAN - Tree Removal SCALE: 1- - 19-0- A.13 CL S.psÂ¥Â¥ 100Â£,7 rooerv/ne---- '~17' ..."74. iblaY-RD- PLANT UST , stryker brown Sâ„¢*CL ! I.% C, DE 'LANT 5â€¢ZE Sl=T.*, REMâ€¢.â€¢K 5Â¥-a NAâ€¢11 C......7 1 /ZI ..70â„¢. ROâ€¢Il 4.-1-' | ~$,â€¢- 2 Y,e 321 Af j â€¢o"Â·â€¢' - 8 AS aEC*01ED./. ARCHITECTS 1 1 TO. *EMCVED 1 , ./.* .....k-/ 1 -/.. 1 ifu, .Cf/# I ./'.. 119 /0/7/ SPRING .TREET 1 -0.- NUE 1 -- 1. = 1 CONSU. UU CCAL ),UeSER, 4 ASPEN,COLOMADO 11111 1.- 1 1 Â«13 i (PI .70,25.-00 fFâ‚¬x> 570.V28-ZZI ,Â»,rD,0-com / 1 1.0*0. currt-=rn= i z I,2- s | M./Â£TREE LAWN br A r' i S.... , 1 AS RÂ£...ED D. a. 1 4.11.1- 11 . PL.1 j AMENCAN PU,â€¢4 M 5 0 . ~ r- Â· F .Cl,~0 COVel .* 1 ' *...I- .,Is,ve:r~ i . 1 ,~0 twoo'AN K;Tâ„¢TU' tr) 5 + .'-- NOTES: r' i == e 1 1 PORICTORPLAMTER BueeÂ¢,Aâ€¢, 10 DANCING BEAR LODGE ALLEY --I .'5#,1 I '. orooertv Rne ' ) i . ./ STONE VENEERWALL rl-----t r-.....~__-9-=----*-75) '1 *H _-_ - 1-7914-- E 1 1 1,3- Aspâ‚¬4 Colorado L -- M.- ----r .--+I .x 're: I.->_. 1 I , u DU-STENS' - .-* :- : A PLAN,m -30Â· ./OVE ..N...r==- .-/-1 i GAADE 1 ... ..4 - *IX b-- - rm : 4~- - . DEUVUY & .. - / LOCNG ARIA- ~~~r~* ..2- : if N Â·lusk! // 5' SEISACK FOR r . - < r-1 | . i . . .. rÂ·, . ':i ~0 / / / DATE ISSUE .' I 12/31/20101 Conceptin*1 Des* -11 - - R .cal NomÂ¥Al-2 -â„¢ I8/19/2002 Ccm,~ptual De~*Revisic~ _ --~. N :14 " (AS'EQ'IMED*YOrn 06/17/2002 Progress 04/15/2003 '&2 Edits 3' SETaACX FOR Cou- I i= â€¢Ac'.7.0.0-L -'5 V- 06/10/2003 Cly Council 08/12/2003 Preliminaxy Bidding Set ..t -- . / GROLMO COVERS & 9-IBS -- A 10/01/2003 Plat/PUD LU 11/01/2003 Plat/PUD -/1 - . A. 2 . 0 -a 4 1 1 . -~ i - -- 9 - 1 3 : C -- czE 12479,1 0 0 I. ---P~ 11Â·ea AR, Â·AROW,ECT-L S , . PRCJECTIC*r UY WINCOWS. --=4â‚¬ . , â„¢AT ABOVE T}E F-r FUXâ€¢ 72-0 : 3 Â·~Â·Â·7%1~-- f - 6. ------- 3:ZEZ - I - ** . - COPYRIGHI' -- Ip- ~ Â· / i/Dilb,19 498443 Vb=/2,~4% 6*, L r" r,- 1~111~11~111~111~111111~11/ 18/68/Z**4 le:14 r 1, '' ....: 7. 17 =%:mC,5144=t'L== Elk S~LVZA 00~'!SP'â„¢. c~u,r, co . 171.- 0... R/p=,-on prehbl=L , 1 El I. : --'NiS-'11'tr'' ""Aft*#VIJA Â·*9 O20039tryke/BrownAÂ»dtect, A=:ft=z--:g: i N .prope=ilne . .Vt y , SEZEET TITLE = 69.9 ,/ Landscape CUID LAâ€¢Au.-REFER . W.= --1318-------- .. --- -- * 7920 SITE PLAN To â€¢10Â·TE Z EAST DWRAJIT STRECT 23,aeâ‚¬Â·Â·Â·PEQU;2Emm I' Â· U Â· luÂ· Â·Â· -6. SCALE: 1- . 10-(r A.1.4 CyÂ£ 5 -Â»40 W 100 W 13.AYâ‚¬Â¥- 0Â®Â® 0Â®Â®0 Â®Â® L 5-0- , I 5Â·Â·0" 1. 11 09 ~ 34 041Â· , 614. 4Â· 12'4' 22'-7 . 14'4 1.21-0.,4 3,4 / 1 1 1 1 1 prgpertv line . --------- stryker brown r. i 1 I 1 D. ARCHITECTS ! 1 Â»1--- 1 ek#Ex#Up,4:'1;.â€¢2~WAM,6~~tâ€ž1â€ž~*4â€¢0â€¢uÂ·0:%4~-~m-,Â·R.~Z>=W,-~Wn:,â€¢4a,Av-31-52A~,Â·"â€¢hâ€¢â€¢.~nugÂ£w.râ€¢â€¢4~â€¢,*-f&ML,92â€¢41* 1. SOUTH SPRING .TREET ASPEN, COLORADO *1â€¢11 ~ STAIR 2 '*2~2100 {F#7~2&-2251 CD : 51 /1 1 11- 1 , 11 .-' Im ' 11. / e4-T-1 ,a W/6 4 01 1 --4- -r, 1 '0 0 % 1 - 1 ---71<B 1'.-61 L--- STORAGE 2 1 1 1 1/31 i 1 m J '-pECHANICAL , DANCING Iii 1 BEAR LODGE . 11 J J Ckll 1 4: | /"~ h ApsT AM~ 1 1 l ' Fll =r COOLER .**G*,/6[.-I/*.#..#.-... --- 0 ----iâ€¢.- Â· Â·#-...#â€¢â€¢â€¢---- I-iâ€¢ I-â€¢..............,i./,'*$. i,-.....~. -..yâ€žp...,,,,.,-R.-*.--...... Aspen, Colorado 1 4 74 'Esi 1 -. 11 / 1 - '1 1 . 11 1 , -in 1 !4 'i DATE ISSUE i dedi- il r i 1\1 i ' 12/31/2001 Conceptual Design Â· < CORRIDOR i N PEK -11 ; STORAGE 3 03/19/2002 Conceptual Design Revisions 11 ! â€¢OWNERS';INDIVIDUAL STORAGE UNITS ~ 06,/17/2002 Progress 04/15/2003 P&ZEdits 1 Â· ' ' m 06/10/ 2003 Oty Coundl 1 08/12/2088 Prelinalary Bidding Set . /| ' 10/01/2003 Plat/PUD / $ MEETING RM. / - ; . i lat/ 1~ 1 1 - 1 3(- ~~EE~~ I L . 1 & 1 | . STORAGE 1 498443 P...: I .f 17 1 I i ~ 'g,g#mg ../â€ž,â€ž.4 1.:14. R 171 0. 0 .... I - I ! :1 11 . i 1 ~ 1 .4! 1 W COFY)1GHT Nalf. I . b the D.nd. 3- ted, Proi"' Ther .re "4 ! nil/documalbvib-,2-pared,pid&*lly + B : >-- ----4- R.p.dice-.0/18*.d. i- - I t -----#-- I %4 -- ' O2003Stry,ke:/Brown*,chi~ct, 1 1 : SHEET TITLE i I 2.- 1 L 1 Z FLOOR PLAN 1 1 1 1 - Subbasement 1 1 1 j 1. I i N 1 1 -- 1 ! 1 1 ~ property line , SCALE: 3/160 - 1'.0' 1 1 1 : 1 1 / 1! &24 .3'4 1, '. 74 2-{r '. 149 . 9-19 :i 12#r 114' M'q 94 22â€¢Â·2â€¢ 4 14,4 3 k 2 .68.1 1 5%6 1; f 1 1109 3Â®Â®Â®Â®40 4Â® C- -- ."1- - 9FL'/r .0-10 -- 7347%5- 3 +1W ~ 22'.. 145-0~ 32'4.l 3.-C. 1 @0 + *54 51'4 ! 4 12'4' ., 1 22 12Â» 1 1 1 7913 -7 ' i -7 - I striker brown i ,FUTURE , 1 ITi~ANSFORMER; i 1 4%/ /-- - ARCHITECTS 11. SOUTH ..RING /7/EET -- li A.PEN, C OLORADO.1.11 1 '1 DRA181 Â·-cÂ· 1.1 1 1 1 STAIR 2 STAIR 2 1 1~ -- --1,~f:' (p,@070,2-2100 1.).n'*.2201 133/1 : llc) - ' ' ..6,9-IN.,4:4.*, ON 1 - UP - 1 1.c - 1' ~t i E C7 . I- ; i + i 161 - , i '~, Â· ills % .1 , P 1 1 L -1 _ 1 1 1 \L- + -4 1 ,/T-- LOADING 1 ,; 3 2 ~ 1 -- url i, 1~ i ON GRADE PARKING' ABOVEL 1: ~12 11 h. 5.Ul : -+=r - 8 1 ! 1. E +791 .;1 4/1 Â· i 1 : 1 . 7 1 4 1 !,1 -t P Af, 1 T ... ! i 23 1 *lili 1 7- 1 1 - 22'Â·11 1/Bd , . .Â·Ii I 18'-0- ~ DANCING 1 . 1 1 .1 1 4--' 1 :1 : 1 i BEAR LODGE I'' i --~ . i E 1 a, 1 , 1 + e , Aspen, Colorado 1 1 11 1 -1 28'-8 1/7 L 11 184 1 Iii 1 1 d 6 30 3-' 1 . 1 ; E m 1, kTORAGE /OR MECH. PARKING ' % 20 1 /1 1 ~ '~ ~ DATE ISSUE i 1" Â· 12/31/2001 ConceptuaIDesign , 03/19/2002 Conceptual Design Revisiona r 1 ~ 19 1 h 06/17/20â‚¬n Progress 7 f-Â·- i 06/10/2003 CityCouncil . 04/15/2003 PacZEdits . A WALL 0 3Â·4 ~ ei 10/01/2003 Plat/PUD . 1,; - 1 37-7 e 11 /01 '2003 Plat/FUD I . 1 1 1 1 m. 1 18 $11 i ; DOWN 115% Wk 1 1 -1 - : Ii. FLAT + 1 1 1 1 ! 1 i . :MERI , I i 1 0:.Ii. ! 1 17 5 1 1 . Â· 11. i - . !1 1 1 498443 - -c-7 IMEMININE ../.8/2..4 1.: 14. in.V:0 -1 â€¢t- Ce.~T'Â¥ CO . ..... 0 .... . ! 1 I COPYRIGHT Â· Â· BTAIR 1 Â· + \ Â·4- i ~v-ON up I ! 1 1 .10 4'-10 1/2% 11. W.r 8.-0- C. 8.-r r. 5'-1/2- . .V Et:!Mit*3ZieÂ£Â£flfil 81-8. . 8'-el 8'-r 1. 8.-6. . 8'-48~ I . 1 wid-, tb. .â€ževal .,A p4:t*dp,eon *the Aradâ€¢. 1 lip/.od.- p///b/,d. 1 4 1 , I 1 < 02005Str,ker/Brown Architects - SHEET TrrLE 011 i STORAGE /OR f < 9-- 111 ' MECHANICAL A FLOOR PLAN 1-lailmilit 14 15 16i i 1 1 8 9 ;10 11, 12 14 &2 .Parking Level /OR Mr'Â· 1 STORAGE'-~1 i ~ 111 1-1 1 1 1 1 1---- N NOTE: 11 i 7917'/ . 1 1 , 1 1. SPACES 4T07 ARE G[VEN ' SCALE: 3/16- - r.0- ' PRIORTY TO AFFORDABLE EOUSING TENANTS PER , j ~ CONDmON 31, ORDINANCE No. 1 1 22.2 l 141-0. 2-0- . 3.-0- .1 -1 A.2.2 29-2003. 14'-Or i. 8.-te L 12'-4. U 12'-r I. 12'4 : 12'-4' 0~. 1 1. 1.-, , 2. SPACES 2 AND 3 Are 30 MINUTE ~ ' 'lw ' CHECK IN PARKING FOR USE BY GUESTS PER CONOTTION 30, Â® Â® 4 0 4 + Â® ORDINANCE 29-2003. Cri- rly-hne 110'Â·0' 61'â‚¬ . 12'-4' . 22'-7 14Â·-0Â· 1,20-7 L 3Â·Â·0â€¢ 1 73. pa ALLEY _prgpgfk-line , , 1 PAD 48' DefF' -TÂ·~ A I .. 2 brown IR'=. 1 1 :TR~~REMER~ ,Â·1 1 ARCHITECTS 1 1 . 1=1 3. 1 1 1 + 1 .11 '1 ASPEN.COLORADO â€¢1â€¢11 1 1 1 1 Il Solll s..tll STREET ' 1 '~ {Pte *M.25-2,80 ..2,-2251 -MÂ¥~5#WIRI**~%5-*4441%N,Â·f~1*'.Â·r#6*=12.:c~h.~-'0iLÂ·44~uÂ·rf DN UP 1 Â·1--|C) 13-1 i . /-'. |. |ic 1 1,4 1 . I >, i ' 4 'r 01 1 rm@?MAeliqlmT.FrK - , iIi 1 ,= / .m 1 1 1= 1 21 11 1 14, . 1 t A I i @i 1 1 ;1 Â® BIKE [ /1 tr-' ' - 12=- i STORAGE '~'0 'fi:*il -Â».Aly: CÂ·.- v-re--,â€¢*~,4 '2â€¢b-*-,Â·--4-- 'k-k-â€¢*â€¢-*At. Â· - r .. Â·.1 -r--~*Â·.mr~515Â· bte,z#*Â·â€¢~0â€¢57'9M;Â£~4Â·,F~-~Â¥1â€¢â€¢=46---â€ž~ - - --9-Â® LOADING 3 2 ,!, 1 5 Ila 1 I./ 3 h , r i 1 1 1 --7 - -- ~ -1 ----7/VIS= _21'4~ ' 1 , Â· OFFICE ~ , OVERNTE SKI STORAGE (BOOKEEPING) i Â· -1__ 1 , , | (STAGING AREA) -<4~ UX t. 1 : Y #1 .1 . - 11 11 , 3 1 1 ; 4 1 HOUSE EPING / m A I k 01 /1 ' 1 . 1 MI' iI 1 1 SERVICE (FOOD/BEVERRAGE) m.1.-DANCING STORAGE ,9 + ' 1 .-41 F 1 1 SERVICE ELEVATORÂ· 25:Â»41 1 - 5 1 -t - -7 AFEP<-1 - BEAR LODGE ' 1 241 i 1 m SEr*,CE - 1 . 1 , 1 1 1 1 1 r EkEy 1 , ' -rt= 1 t.--DE--1 1 1 1 I i i PARKING (BICYCLE FUOEAS' SHOWER) FURNITURE) ~--~ ~ r--I / STAFF LOCKERS TORAGE ~ 6! 1 1 *~i , M /1 i r,/-7 0/ 15 j Aspen, Colorado -' HOUSEKEEPING IL. i \ (UNENS/SUPPLIES) i *1 I ki n ! -1 - ---.-- - --14f14 D, 1 11 i DATE fSSUE 1 . 1 1 .1. U 4 1 ' GOEST ,-- 1 12/31/2001 Ccâ€¢=ptual Design 11 1 1 11 7 EkEY. 7 , r --- . 03/19/2002 Conceptual Design Revisions 1 1 1 9 AWALL=31,1 L I' 06/17/2002 Progreas * 1 4 04/15/2009 PhZ Eats 06/10/2003 Clly Council 1 J. 08/12/2003 Preliminary Bidding Set 1 1 -7â€¢=r....r=,-,--* -Â·- CARDS/SITFING - 1 017 0 101 /MEETING 10/01/2003 Mat/FUD 1 . 11 I. I i 0 vi 'C WOMEN 11/01/2008 Plat/PUD 1 I I .1- ' ~ PARKING BELO~ ~-- MEN - -3 li -9 J\ IN GAMES/RECREATION EXTERIOR 1 :1 1 1 i : ST~IR 1 t j ! 1 1 1, i 1 - - 1-.-.- 1 / \ --1 il I 1 4 ' 1 u, 1 CO,YEIGE 1 10 STAIR 1 ~ COMPUTEF~ D..doc.=*h'.b-pap-i.pedacan, 11 - : /1 IBRARY , E *&~=***M~21=* 1 . 1/1/011///. pralâ€¢/d. PARKNG 1 THEATER -'' 1 1 1 '.0.-1.'99/ovid=,4,/291(4=*.2 0 16. Archaket EXTERIOR . 1 WALL *BOVE 1 I ' El -- -Â» 31- 2 @'7 -h , ' . - . G 1 11 \ .1 Â© 2003 Sby~/Brown Architact~ ti n SHEET TITLE 10 11 1 ' 12 ~211<Â£i=â€ž0~-J' PARKING BELOW 1 . FLOOR PLAN 11 : 111 1 %4 z 1 ' It li 1 , 1 11 N ' ~ property line 1 , 1 1 1 1 | ~ Â·Â·, - SCALE: 3,/16' - 1'-7 '1 1 1 91-10. 1. 12'-4' '. 124. . 13'4 . 12'4. 22-2 . 14-4 1â€ž. .... A.2.3 1 1 1134 %9 444Â®4 4 ZER'' 9 o M ?90 Â¢ + f 9 I. 3 -0Â· 102'4. - 119-7 51'4 6 17-4' 27-r > 14'4 12'-0' L 3.-0- , 1.' 1 4 1\ , 3 -pcoperty ling _ X BAY WINDOW 4 Â£ h. .. ~ _. PWEFf - .- - 1- ..Amzm-255~ ~ -LL:~ c,1 j ' 1,111411/1 ARCHITECTURAL - ~ 1 - - ~~~----- - -W j j 1 , fil /11.- 11] 0 -*--10J[Il T---ElIi'~---GI682;24-- 'r==' ":~ ' - -- ARCHITECTS . -0- . U : -L.L.ki.'-d ../- Â®37 Ag .1 110 IOUTM SPRING STâ€¢527 I ASPEN, COLORA.0 81.11 1 ,/ 1 1 lili 9 Iii i 1 111 11 0 5- 1 ,tr,k-90â€¢In.com ~ PARKING :'1 f ' BAY WINDOW WALL BELOW ~|1 2-~ 1'-6- PLAN;ER , ARCHiTECTURAL 82= A ...P 1 41 1+ VE#CUNG li , 1 ip PROJECT;ON BR. 2 rx i ' I Its# = el ~ STORAGE 3 2 w 1 --- .--7. 7 1 * . 1 1.1 1 1... - ~ry'.r ' ' 0 LIVING#[HNING 'l Et~-t~-- 1 11 ||~ . il ..1 'Im ,Â·m"-1 LOADING A r-- -1 -- - ----- -1 TC rr BR. 2 1.Le i /2 EMPLOYEE ~9 â€žÂ· , ~ ~Â¤ -_i I , I UNIT #1 7 RECEIVING 1 1 3/ /MUDISKE 1 BACK OFFICE b ENTRY ~4-i -- ~ -'- -- -t 11 LUGGAGE I I , up , , (administration) X BAY WINDOW L----= CZ '4 CHECK-IN , DANCING BR. 1 KFTCHEN 5.~1 J - i \ 1, a. 1 ~Â» 7310> 91% al _ _--- 1 SUP#GAT BEAR LODGE 01 SPAGE 24 Ui 1 ~* / ~, '~'] WOMEN ~ MEN ~ . 0 i : , Â· 1 SERvcE ....~ Â·- - fete,11 1 1 I I (111-5Â« - 14t 1 y 'h ENTRY ~ 9 i UNIT #2 .4-=0&<tr-=14& 12...2. I W~# BELOW ~ i~ 1 LIVING/DINING EMPLOYEE LOBBY }<ION-> 1, 1 Asperu Colorado 1 2 Xtre--1 1/1 --11 1 1 1 ' Ill 1 i, \ 1 1 1 KETCIHEN J \1Â» 1 [*25229 ~ 9 4 1 1 1 111 SUPPORT ~ B IL Fp j] i 1 , k 1 SPACE _4_-~ , - ..1 - 11 11 - N./. 111 . i ' ' Â·L-=AAU :Gwr EGRESS 1 Um,04- 1~ MASTER ~ i 3.,2....102) 7 -- ~ Â®05. - DATE ISSUE 12/31/2001 C==ptnal Design 1 - k "1~ Wal. BELOW 03/19/2002 Canceptual Design Revisions SUITE I , 7-1 1 : F=2\ 4~9â‚¬/ 1 1 \, 4 06/17/2002 PTogâ„¢â€¢ I i - - 04/15/2003 Pe Edits . 1 LOUNGE - 08/12/2003 Prelim~ary Bidding Set , 06/10/2003 CityCound / 0 - -LEÂ©!7 7 M : 1 m :L_L__1 ,--r 2, W01/2003 Plat/FUD ~ ~ KTTCHEN~r-lt _ FOYER/< ' ; (=ZENY.t-Â»-1 fireolace 1,4 1 93 4 9====. I k FI@=4 /-1 =112'F L-L. 1 1--2 r-----. i r BAY WINDCW T i - BAR Icl ~~ i AACHRECTURAL- i PROJECTION 1 SUITE #1 I f~)----12 ' l~/ 1 /r, 1 GALLEÂ» * I i D:NING 42 L. 1 1 Â· 9-=1- , 1 , ty- % 4 -1 11 / 1 1 , A g ~t--4-----RM#3 U STA,Rlt-- ----- ~ - 0- ---F LOCK-OFF UNJT/i k1 Â· i 498443 .... 11 .f 17 08/18/2**4 le.1461 R lilli 0 .... LIVING Ipli i ~ =Â·--1 ~ 9 I 1 ,10 \ F,6 BDAM #2 i ENTRANCE~/% 1 ' COARIGHT 4:0 , & 1. IL , tj forthcmâ€žch,SE.:lod/â€¢ P,via,1 -Owâ€¢ arâ€¢ ngâ€¢ -74 1 /- 3.pigai'i.n p.hibitid. 1 n-di,=-=ha.b-~p..1.p.ddcan, 4: i i .Ah ~Â·t_12 Â© 2003 Stryker/Brown Architects Â®-.r- - ----21--9-72 - /12/-8 1~ 1 -1~ 414-- WALL ABOVE SHEET 'ITILE i [~ - - 1110--- DICK - - - - i 6-1 v }D,<57:~ . i.1 6-I.--- --lill - - - =r,tri---TEL:v=Ir-m----- -=12 2-3.2 ---i5=i-- -- -- 1 11 1 -1.....,- 1/1 1 1 Ii, 1 1 / 4 4 FLOOR PLAN l 1 1 - First Floor WALL BELOW i ' 4 TYP 1 1 1. 1 1 11 i. f . 1 i , . 1 1 1 N 1 - 1 1 i SCALE: 3/16=. 1'-0- 1 1 1 I i; 1 17-4. 13â€¢â‚¬7 i i / A. 1 Â¢ X 9 ,# 64. 14'4 124' 22-7 ,Â· 14'9 12=C. . 7-9- 4. - , 1 110~0' 1 ,9 W .. 11.-'-1 14 4Â®Â® Â®Â® Â· al, propeÂ«11[le - e Â®O Â® Â® 0 6 Â® 1 10'-0' ~36t19 C 1 3Â·-op !2Â·-0Â·1 814' ~. 12'-4' 22-2 14'-0Â» 12-0Â· . 3Â·-0Â· 1 1 , , _pcopertv ling ~ ., - ------ stryker brown ---Il------I 1 0 %Â¢ Ib i i, -1 513, 1 7/----- ItÂ» - v.9<ELI--.-=UPErrIDD-w-- -- ARCHITECTS 1 L 3~ BELOW 11* SOUTH SPMINI 27Â»E Et A.PEN. COLO./00 *1511 1 1 1 ,t,Â¥k--â€¢com | 1 DN UP , IMIFIA /3 BAY WINDOW A Â© 1 w.u BELOW 1 79 1 n 21 :> .4-123 k j 81 6. i LIVING I ~ 1 , BORM #2 ~ BORM #2 1 1 FP' 3 LIVING i i 1 L=# 81 '' -259=it 1 a 21 - -4- 1 r--4- - - - _..60â‚¬:69'W~~~~~~---*TAIR 2 -N BORM #3 ~74 TYp, 1 11:/ , : BAY WINDOW -ARCHITECTURAL ~ 1 4 1 PRaIEcrlo i 'NRk Â· ~ FA ; ...1 A DINING ~ SUITE #3 F It T O A--1/7 -- f SU\TE #4 DINING 1 ~~~ ~ *. 0 f 1 1 1 %0Â»5* 1 lo'[h t=41 \L--651" ':r, C-182; i c'#r~# 1 d 1 =:=R"--41 1 ,/.2=] 9 29 1 Â£ j (j '9 2 7 -~m LE Â· DANCING BAY WINDOW /(A--4 Flu - X--29 3 - - -4Â© - -Â«1-1--xy<\2 BEAR LODGE ,Â«y I 431 1 KrTCHEN Â¥ 7 '4,4 c Â¥29dal y/ FOYERN ~ NK--FT-7 FOYER 46--'' MA A / 1 1- I _309'CE 1 '' Eusy. N 1 / A.CH. IRAL -- < th/ 1 'fÂ»ix...... , /,1 ./.' ':,9-< \. 401 ..44 Asperu Colorado PROJECnON ~ 1 1411 0 - 1 4 MASTER ' 8 j MASTER 1 SurrE i '~E- J IJ H BL-_3 3 O 0 r- 1 11 - 144 1,-7, 11 --- m.(D ~ ~ -,rÂ¥- O-Â«-K~1211 CY)OMIt 3 MASTER DATE ISSUE r LU 00 12/31/2001 Conceptual Des* 03/ 19/2002 Conceptual Deign Revisions SUITE %4< 6 | T 06/17/202 Progress I 04/15/2003 P*Z Edits iII.,0, -- 4 111 1 ,~\ Nqu/.f, 1 06/10/2003 City Council 08/12/Z093 Preliminary Bidding Set 1 ILl i' 1 14~,4 i T VA-. - Le'\ 10/01/2003 Plat/PUD tli01/2003 Plat/FUD FOYER< j FOYER /0 / KITCHEN A /k -1 1 4~KITCHEN J ~4, |LOCK-OFF " /41 1 4-==t/--BEL - ___~_ 7/6-i~FJ_ _~8--79,7/-' --1 1, . . .-... .UN:Ve \Ly I - --4---------L -'13Â· ,-I \\424 -2~ 2'217 1_ & 1 f ..22,44,, BAY WINDOW K 1Â£~~ ' SUITE #5 2 1 DINING ~ SUITE #2 , -n v=Â·ay C 7 DINING i WALL BELOW 4 5-1 1 1.--7 [t ' \ i 1 k 14 -- 1 - LOCK-OFF UNrr/l I 498443 OCK~OFF UNIT/ i - --- ~ . .-- < F ; kilm lill Imil I8i iairvi iminll M liuM m ilm ,...: 12 â€¢f 17 i *fa 04/18/2-4 1*:ta | | LIVING ~ pp ,~ =1(3 1 1 . ..." ..... 1 1,4 'LE'+24-1. 4 11 1 *49 ~ BORM #2 i BORM #2 ~ b~~ : ~ COPYRIGHT *NO' Thi- docr.-,h.v. 5-=931 := .1 17-PUL ri : 1 1 ' ! -~ =tici. 3- Lodli Â»SCI , R.p.od/,tic., p.chilibei -r up 4 -271 Â© 2003 St,ker/Brown Avdtitects 1 1 97 1 'Â»1 : - 121.--Lkâ‚¬27 --4 -1- -kvÂ»Â»<=A== -44@1 r-C-DEGI~ - 11-i Â®V--- 713,4 - 79.iII j DECK ' i .-z-1 --__ -- -1 SHEET TITLE i 11 i~/i 1 11 , 1 1 Lf' :4 -Second Floor FLOOR PLANT 1 11 1 ' i 1 ~ 1 . N 1 -=li. 1 1 1 1 SCALE: 3/16- + r-0- 1 / 1 . 1 IiiÂ· 1 1 1 1! 1 14'â€¢0' Â¢42 i - L 3Â·-00 2-00 14.4 , 7-14 + 124â€¢ 12%4â€¢ 13'.00 12-4' L. 2207 121.-0/3 1 01,4 4 0 Â® Â® 0 Â®Â®Â®i 01'' Â® 2 + Â® Â® 11040. , 5.-0. I 1 w '2'-09 4 814Â· I %. 124Â· 22'-2 141-0 12Â·43.-0. , 1 ' 1 -lropE--!iDE_ _ _ m : ~~ brown h4 1 1 - 34- f-33-3 --Of- --4 - -41- - -4- -- F--3 2-2-2 --9- - -- -it _ ____ - _134____ dz022 -- - Â«*1-~- - - -19Â® .0 'OUTH 'PRING STREET ARCHITECTS Al'IN.COLORADO .'.11 1 12 a] NS- 941= 71 0 UP 11 ~ 1 1 Pfil-~ . / 1 .:r---Illy LU 21 3 L.rk/0*74 0 1 3 (n)97~23â€¢2$00 (Ful.07(1928-2251 ' , | ARCHTTECIURAL Z r-& u + rk-f ~ :'.r - ~ 1 ~ 11 BORM #2 L.[-27 4-1- PROJECTION 2 ... e~ i BDRM #2 109 / 1 -I El \% m | LIVING ' 18 ~ =71 1. f - - W litÂ»L-= 7 2 ~ "1 ' LIVTNG ' 9 ' it'h- IL_! 21 --6@GK-OFF-UNI:rÂ¢ L=4.-L- -1.- - -tiOCK-OFF-LINJU---1#- - -- *Â· ~ BORM #3 M STAIR 2 0 BDAM #3 , 1 ==24- L, 1 1 fi-' LOC~;~~__,~ ) SUITE #8 DINING 4 ~ 1 DINING |SUITE#7 1 2 \--3 r 14~-~ 1 .. ==r.1-;4 6 ////23 El\ -ly 1 - 1,4 1 75 NX / I DANCING A--3 [--1\ r=z. .:m NG \ 1 , . EK'--7-11 ; FOYER 1 J-'CHEN , i BEAR LODGE 7 7 /71 V 7 KITCHEN / < FOYEFâ‚¬ 1 - \ \ AH ' ' SEkyfCE 1 ' 1 I h - --1,9110)4%~~ ~ -7.- 9Â«. / 11 1 1 -[40â‚¬~h ~#;F M=t ,-21 1 1 1 f MASTER i .1---22 '1 4 /Â£.''A(<A Oj I Aspen, Colorado #. SUITE 1 : 2/X /Illâ€¢ L iki 1 >Mpt-110 01 71-___---p_~----~ ry rel .lÂ«-= ... Â»-Â® 4- L--IO 01Â·---------- ---------- 4 i DATE ISSUE =4*~=RAL 1 ; - -1 > 2 [-El\ 1 Gb0-1- m 9. 11 - 4 Cpv MASTER i 12/31/2001 ConceptualDesigm Â«' MASTER 7 SUITE , , -a Lr - Al I.7 # A & 2 Tr1 1 f....h\~ - ~ SUITE ~~ ~ 03/ 19/2002 Coaceptnal Design Revisions 4 . 06/t7/2002 Prog=SS 9 1 Fil 04/15/22003 PhZ Edits 06/10/2003 City Council 06/12/2003 Preliminar,Bidding S.t ! 10/01/2003 Plat/PUD 1.6 -----hy FOYER/ , 1 1 - Â·FOYER / KITCHEN 1 3%2 .ll 11/01/2003 Mat/FUD t it / ~ KITCHEN \ 7< / 1 LOCÂ»OFF f-1 ENTRY --1-- 11 - , /543674,3 . .. - . 1 ARCHITECTURAL UtsÂ«10 / 1 - SUITE #9 D;NING I - 1 1 1 # DINING 1 SUITE #6 ~ < ~._.~ - 1, / ; 1 -- 3P -- ENTRY- / 4 :1==, \\0 \ \.De.OPÂ¥ h 1 4.1\ 1 ia J >1 1=j 21 81 -- LOCK-OFF UNrr/~1 $ LOCK-OFF UNIT/ \ ~ 1/1 i UVING I RE- 1 .Ij'11"11. 498443 ~ L}VtNG ~ JFP # i J~ 0." ./O//2/.1/:144 P..8 1/ If 17 N 1 1/7 / .%42 \ ' 1 COPYRIGHT BDRM #2 -r--r--Ht--7.1 BORM #2 1_J d 1 11 /wil l ARCHITECTURAL 1 ~ _~ PROJECTION i f - - ~ . 1 El--3 Ur, 1 .;*.9--1.-*mat~.A,d.~ct 1 1 *In/01 fET- D r ' 111 ON , Rapied:-pr--d. 1 F Gl-EFiSjrm-Effi-- - -A- - --RUL-Fr]-1 - -- - 74--- --flf]-~-r--- 7 -2-~ -_22_1* Â© 2003 St=71=/Brown Architec, SHEST TITLE 4 FLOOR PLAN it'{ 1 i 1 1 1 1 1 11 -Third Floor 1 1 11 1 . 0 , 1'1.--- N 1 1 1 1 1!iIi.. - SCALE: 3/160 - 1'4* i' ' 1 1 1 1 1 1 1 1. z.~r,-crl 9-1, 12-4~4' ~. 139 12-4, 22-9 l. 74'-4 .â€ž= 1 . f -1<-'21.k.U 1 1104 ~ Â· 4 6 4 44 UJ ?/, -_---- 14'4 *(01 -FE Â® + + 59 1109 Â·. 3Â·â‚¬ 2.2'-0"f 1 51'-5â€¢ : 12'-4* 22'-7 1 14'-0" PÂ·q:. a..0. ; 1 1 1 1 1 1 1 1 1 ~ykef brown 1 4 1 1 -1 I - : i 9 4 -- --1 ARCHITECTS 1 1 11 1. C. . 31 ./AA 1 11/ SOUTH lillia STREET ~ ASPEN,COLOMAD' 1,111 -' L_LN - 4-1 ny I 1 r-Â¥-k--1 \ GU~ADRAIL. t fu.-249*3, ~~ ~ | ! 1 lit ' 1 1 !1--Â«et-1 1 1 r %'XTRT-% f ' i kt, Ii-- K ROOF GARDEN AREA 1 t /i &UARDRAH- Â· ' MECH. AREA 11 < -ED' 1 L 1: ' Â© A ~ DANCING 1-th 1 i LI â€¢ - , \1 -2 ' 2- 1- ~ BEAR LODGE 1 [ED ,/, 7. i 14 - P 10 :r 4 1 Ri /1 :17=i 1-=Â»t , SERWCE 1 SERVICE SUPPORT 'R ---r--* 1 1 e /11 4 A I 1 1 I 11 1 1 , ...t = 4 , 1 . 017 K i Aspen. Colorado + tul : 3% 1Â· 0 <77 i 1 1 1 1 + ~ ' ~ATiO 12 ' 1 1 . : 2.1 1 44 ./: Ilill' - 1-1 1. i 1 1 m\ , =-- 1,1 EXERCISE i ~ESÂ¥ 1 ' LOUNGE , 103|, 03/19/2002 ConceptualDe*Reâ€žisions -DATE ISSUE 1 ,/710 L 1 04/13/2003 P&ZEdits 1 11 ; 1 06/17/2002 PrOF'll 12/31/2001 Conceptual Dmign 1 06/10/2008 City Coindl ' 4 08/12/2003 Preaminay Bidding Set ~ Â· 10/01,/2003 Flat/PUD m 1 C ..ell .h ' : 7 J L.-1 il i I i 4 - ---M 11/01/2003 Mat/PUD ; t: 1 r--=--,r = 1 1----1 '4- 1 7/7/ 3 .f E - - f.Â·/i- 1 41.. +=1 /:! ' fl -3.. _ I 1..........iU- C. 6 1 1 ! 164/<g ! Â·--i i 1- 1 1 1 1 1! 1 1 !' [=I:1 10 6 *'I |Â· y-' f )aÂ· ;~# #q' 4.'ll. 34-~ 1,Â· ,% ~trÂ·~ 4 ..1 1 95 /41 . 1 1 - 111 - 20'-0.1 j ROOF GARDEN AREA ' PATiO j . i 4 .VI. '04 j 1 0.1 i 14 2.9 .r---2---7 --0 ------P a ---~---- ---I--- - - - - - 11 A - 498443 1 .:;11 1 ...-- r : 1 - >h\- 11 ..imimil/Ill ././20" 1.:14. s:~vi, 00-, pintil co,~r, ce . '71.. .... 1,1 . 10 0 - 11 Flt O'-0Â»---Q_Q_*\~ _O Â· COPYRIGHI' Th*. ~ocm.~. 14.q bem //rp-1 5Â¢1~y 11 11 2 1 maht* f. u- c. glhe =4,-- * g~â€¢r lec- &-8,2/11/8/// Lod.h/Act.lb./. "/ wihoutthe appi"jap-=ap't. 01 8. Ard-1 1,I=ving/= p.-Ded- 1 1 D--â€¢-O==-- , , 0 2003 Str,kartarown Architects -4-rm 11 It J SHEET TITLE 1__ , 1 1 ------ - -- 1 1 . i: 1 I lE FLOOR PLAN -Roof Garden 1 1 It ! : 1, . ti 1 1 1 l i il . 1 1 11 Â· SCALE: 3/0 -17 1 ! 1 : 1 Â· 1 '. 340' 24~]. |Â·WÂ·. S~/ Mir j. 90-10â€¢ I $24â€¢ . 12'-4' 1 12-0. . tr-4â€¢ . 22'-2' i 14'-0' ~-- - Q& .L 0 / Â£ 1 i.le , 1 1 104 4 4 4 4 Â® e Â® GL- - ..14'1. -. -- 0 0 1 Â® Â® 1 -1 _ 110'-0, - - liE@U~IZZIZE=ZEZ=~ZIEMEZ__--IEEZIL=ZZI=Z==-~-22UILI-=Â£._---->-~~---~ 'i i i .: 9--- - 1 I I stryker R.~I I I 11 -- 1_1 ' i L_.,0/\~ 41 1 1 1 / 1/ --- --- ARCHITECTS --L -- : III ' I ' -7 ---- -ASPEN ...f'LJITIFTIFiLJ '1 (Ph) 97~-2100 (P./ i,C~2&-225,1 - ---=-- ----2---I----- --1 - ---- [Lfi~ ~--3 i i - 5|1 ~ .~----442~1122_- Â·GUARDRAL-n__-: -~ ~ , COLORADO 0,0,, ~ F. . , 1 11 1 1 Ill 1,- --il--.1 ---,-Â»--------- ! i il p * Roof GARDEN AREA I 4 ~i ; 1~~Â· .~. .~-~_~~.~-m~__*=Li~i@JliIGEÂ·JfJoit----1-~tt.--2-j-.2-~ ---J{~-~~~ 42=Â«uÂ·*==-~Â§4*MiLL=-=_~a~:~-_1:~..~~a*gjp~~~Â©~.~ . ~~ ' I ' 1 11 1. 3 '!1 r~ Â·~ Â·~ ;.- Â·3222-2.i 2 2-2-.TICT--2227--- 4 -T.. ---1---- ! 1: ~.!1 li 7 DANCING ' ' BEAR LODGE ~ 1 1 1 - ---1---P- - 7/ 2 1 11 , 1 1. 1 111.. 11 Ji 1 1 1 9 -1 L ------L---4- h .. . 1 . 1 . 1 - --- --- - --1.- ---- â€ž --- - - - ------ 4 ; ~ 9 1 AspeA Colorado Â·Â· .1. ROOF Q---*.-.r-*W b 1 - - -lk,/6,1 1 kr' 11 / 19 U 1 11 1 1 1 -'1 1 DATE ISSUE 12/31/2001 Conceptual Design L.-p ------ T -4-Al=7rn-r,-Â·-Â· 5 /i , I 03/19/2002 Conceptual Design Revisions :1 1 i 1, ! Â¥ 1 06/17/2002 Pzogress 1 13 -- ' Â« 1 04/25/2009 PhZE- I Â· i | 06/10/2003 Ci~Coundl 1 00/12/2003 P.*'imazy Bidding S't I ! 10/01/2003 Plat/PUD 11/01/2003 Plat/PUD 1(*It - - 1 --9 &71%-1 -11 -17-4 4 11 1 1 : - 11 1 - - r 1 - 1 -,--U----4--'.---1... -+-- 4 , 1 \/ 1 A I 1 f, EL. 2.C#--Emt 2-227 -,~tant' L-~"-_:-i-----futiÂ¢-I-LE-21 12.1-t-2-2-2-_12,22-2-- 222~3~2222271J '-21<{5~ ;-~~ --Il ; li 14 -- 11 , 1 1 1 ~ , ROOF GARDEN AREA H Â·Â·. '2 -----4.----- i i -~ ~Â·. , ~- 1 1 , .1 R '11 .- 0...1 I , ..t .1. - I! L - --. 1 1 i % j.-I )- I - 51 1 2%*Â©~Cz*=*-- 1 , f 1/Pred/temp.ohabi : 0 '. 1 a.11 - ----- G - - 1- -./. 7nLUIÂ«ILIL--0 - - --1----- --TU --- mr - -- -- -F -7--7.- C 2003 Stryker/Brown A.rcE*ects 10 11, 1 li !11 1 1% 1 1 1 1 1 ' 1* FLC)CIR PLAN 11''i El -Roof i ' i ; 11 = 4 11/="111IllilllII"lum &?nof 1, Â·, ! ./1- -.. 1 ': 1 ! I E. 1 i ---2- ~ I A.2.8 ' -1 El' 1 1 1 GLASS "GAZEBO' , ~ - NON-REFLECT'lVE GLASS OR COATING -------------------*.-----/Ato/!7-* stryker i i Lrr=T:=~r:1==iv - GUARDRAL .141 -10. ; ARCHITECTS j e+IqÂ· PER,gEJ- , 111 ./.TH 5./IN' .TABEr ~ -2Â·&**z&b9-=~#-6,1=G@@GNG@EM~44.-/6--*.1 r-EZIP -- IDET~~~*Â©--- -- -.... . 41.- - -- - .-- -- .------ .. - -fIG*2'3Rjit .,0 A S / El, C 0 L O I A D 0 1 1 1 1 1 ' (Mo .......O (Fl')17-21-2251 +131 Â·-8Â· WALL - TYP. .)......... Ta-it,5951-.--- *124'-r , WALL - TYP i 4 STONE SIDING 1 -PAPPe .... 0----- -l-k--------j iIJIIE~EZZILLIZA , ..Â·Ir â€ž-------A -.------4.--1 ...----- ..e 4 1 12======1==101 bjU 1,/4-- iyb7 17M r==--Â· F. I $ Â¢ 1 1 I :1111 1 :17 .11 t . 1 1.11 lili: 11 it Wd 11 .1 I lili . - ! 1,1 , 6 4 1, 1-' ir- 2====i - .1 1-: :1: : 1 G Pt li: 2.-S#Gl.PAPPE - - - T..i-212210-6-ru=-----_=11------Trtl---_.in.ir.:n~------Ti - '2~ ----__ . - - -S:qcp_RAOf' e P 41 '1' ; Â·Â· il i- 1 .1 lili . 1 -170'. -1--r ,-----1 -----~ - -1 Ef~~936 STONE stotNG + , E ,â€¢ 3/ 4 # COLUMN- 1YP. 2,-%*9#.... 4111j 1 ' a - 9 -r ill 13 11 iii! 11 1 I ' it: Ili,1 1 ./. -1 11 1 1 .-IL--3 !,-Â·Â·-,11 /1 ----- -- f0euy, -40 +too'. --*#9---.-=i= 1 -il---ili--.i-.-I. - -- - 1 1 (, 1 1 ' 1 I EE Mme eMB . - 8"VERT. DANCING 1 _J - WOOD SIC)iNG - BEAR LODGE TYP. WEST ELEVATION spen, Colorado DATE ISSUE 12/31/2001 Conceptual Design 03/19/2002 Conceptual Design Revisions 06/17/2002 Pâ€¢ogres 04/13/2003 PhZ Edits =- GLASS OR COATING ~ 10/01/2003 Plat/MUD GLASS "GAZEBO 06/10/2003 City Council - -NON-REFLECTIVE - 08/12/2003 Preiizrdnary Bidding Set . 11/01/2003 Plat,/PUD ------------------------- ./-/0.-/-'a 1 1 +1# 3IEECErm- - GUARDRAIL K Fl ....Le.2--le.... : n _- -FER/.L_--dE/_tft/.,/:/r--9 HIll DI 1111 I. .131'V | i h--7~2 )2//31 i +131'-r 1 1 |*9 +El k--341 04 1 141 ill ;~ 1411 '1 1 IN 0~ JA1!MM#FE - . - - .... ~ +121'/ - +121'/ T W./.20* .: 14~ STONE SIDING 498443 A=7-T-p-7/ Ilt'-r~ -- .--- -hn+7-Â»+47*-t-T7--7--r~rn WALL - -Trp. ------------- - POR-CIAÂ®2140 immummummimilial ...: 17 . . 1 IEFJFEM----M-*E~FJE-~-MIJ#-1-M-40700 ; 1 1*roll ill W ;1111.11 el,K.,9'.OM 'Ft.- - -*-7.-\----- -1- ... O............ C. m.- .- 1 1 COPYRIGHT #IL- ,Â·rFâ„¢Â· - .1 104 , '1â€ž 0-31 11, 4. '11 1 j' 111 '' mONE SitDING tuJ- 71 ' i COLUMN - TYP. ~ .4.hout the Ipi.0-1 ..1 p.6:14.0.1 oM. Air#*=1 ~ GLASS CANOPY -t | SESEEE322- e'l-'BRE apge_ ... = * . ~ .~C 1 1 I. *. r--r- f)39:131' ~~' ~ â€¢Â·p,~â€¢,-P,01* 1 ' 3 .100.-3- Â© 20(2 Stryker/Brown Archazcts i SHEET TITLE . ELEVATIONS - West Elevation EAST ELEVATION - East Elevation SCALE: 1/r = 1'-0- ' A.3.2 aL Im - -- .1. r 1 AMUVE |,1 GAS SHUT-Og__L E rr- --r Â· P \\\ i'44- -----------1 *AGS ' -7-78 54Â·AFF 11 7- - f D 3 - 1 01[0 4-f~Ill-2 b 26 || . h..,/ HI -2 -1 *=2 (EO~ .'M'. - ~| GALLe k 27 FP-101 : TOVIN & COUNTRY FP-102 / OVERALL BUILDING: 26 ~ 1 TC36 SEE-THRU GAS --7 21 8 L 1/d SHUT-OFF 4 0! M 58,432 50. FT. 26 1/ R 11 - -1 / / 8/ 1 ' m 111 1 L. 1 AN , 1 4 bt FLOOR: 1 GFU JABOVE ~ 1 / I. m Pft 7 4131 1 I EX HOOD ABOVEE _ut H 8,353 60. FT. --- -4-1 '11==== 1 - I --rl , \/ -146-1 - -10-7 -1 "f M1 - - _ -- ERD I I -I21 -U----' RESTAURANT: [19 ~- ' i ~~ 5; L.__ - 9 1 1 3 4 (SNOWN WATCHED) 1,808 50. FT. :31 1 , 0 1 tÂ¥*= 1 j NAY I PORCH , !/1 W5 1 .2211 f ' * f0 1 DANCING BEAR - PARKBIDE B in 14'E /26 27 WA SAAFT: ' KITCHEN /RESTAURANT 21 1 16Â·. , 1 5 W4 / 1 4 1~ CURRENTLY APPROVED LAYOUT 1[J ..r./ r d UM ./1~-9.-1 WALL ABOVE 1*1-,~ DW~:~ . STEEL BAND DECORATIVE 21 | â€¢ ABOVE TYP. .t. k:' . Â·" 1.. 1 / 1 / 94114 AWNING / ABOVE 13 ~ ~ CL n Ir-- 0 lili 11 Px ..& a.-ST,!.;: , --6/IM lili 69 ; lili 11,1 ,- ; //4 2 1111111 Â» \ I." ./.24 1\\29 SCALE: 3/16" = r-0" 1 - -f Fpieg jri SHUT-OFF ~-- 7) F 1 .------- -- -A-----1--~,J, -4 1 / -1.lptgunzyz.ywa~Â«4<>%22Â«Plutzvaly>*~.aÂ»p*114* v / 4/ 1 - 2. , \ , 100'â‚¬' i 1 ../ 1 1 1 i 1 1 1 r-t --CE-4 -- -1--Â«3 4 ' '1- /11 1 *tra 1 1 *I / 8/IiI 1. 1 i i (9.66% INCREASE) OVERALL BUILDING: 58818 61 FT. 6. 2 Ist FLOOR: ,7.4 -' E / . 39; 1 1. 1 - 1 -Â·Â·17= &13 1 1 41/ 8,139 50. FT. r 6 â€¢ RE9TAUIRANIT 091 u. E 9121 88,4 i (4.6% INCREASE) 99'-0. -p, #A tic- RESTAURANT: - . (SNOWN WATCHED =r / / i 1.12 - -1 3/ 1 :1*13 2 ' - rx----35/2 4 + CROSS NATCNED) 1--24Â· 4 2,184 51 FT. 1- 1â€¢ KITCMENI /1' (21.4% INCREASE) 1 023 r 2 0 / 1 -,9 IM Lk . 1 i, 33 4 - -91- 4 DANCING BEAR - I 11- -.- L 1 .T- PARKS'DE 7 Â·Ux -7$ r - KITCMEN / 1- 3 L f DE.Z."-/ rt-\ ;1 - U-1[-5,+- if~ir'-fi ------- 4 - ---~-. F. 4 REBTAURANT PROPOSED -- 3/ fi~ Â»Â«U-4_%39'~ _f_ | 1 11 --4 -it.111) EXPANDED 3 11 ~ 1 236 51 FE. 6 - 11 90 vi : A TEAR ROUND \ - _ _ 47~3*z---17+4T \42 1111" N 9 3-[7-7, Ir--- - -_ 1111111- - - SEATING 1 1 111'11 LAIOUT , r, U.cr, 1 lilli ........ I~ lilli INTERIOR 11,11111 1 -'..11 EXTERIOR (0~ .......... -lill. ......... - SCALE: 3/1611 = 1'-0 0- n N 1 1 1 1 ive , T %~: RE- 100'-5 - 0- 0 : . . 1- --- - ---4 i -- - r -- - 1 --1-l _ -i-_ _- a - _I_ 3_ i __ u 1 1 1 r. IF -1= 1 Â¥ 1 1.: Ill'.I.... i 1 .1 n , 0 i, -1 . Â·Â·A . 1 , 7, L7 \ 1/ - ' 1. -- 4969 1 -1 3 -1 1 1 , . 1 .11/fwl j h' 9 tif. tÂ· i j + 1 1 i '.2.-lili- 1. 1 1#,1261 - I I il 'â€¢1 rs , ./. 9 W ---- ---4 ---1 10 , \ -, 1 - --- 7'~ ~ ~1, LI / r 1. , I -/'- 1 '1 , E 1 11 1 1 1 1 - 1 1 - T.- 1 1 1 1 1 1 1 1 1 1 DANCING BEAR - PARKSIDE KITCNEN / RESTAURANT CURRENT SOUTHI ELEVATION SCALE: 3/16" = 1'=0 1 1 U[El_Ill, _ _-_- + 1 11 I. 1.I + Â·Â·Â·- 4-1 b- 5 14 1 1 ' Ii I t Ti ...iâ€ži~,..:iâ€ž. ~~~~ ~: ~ 1 7 -~ 11 1 - L7 \ . /* 17 : Â·Â· . 1 :~f..... 1 ~ "" (19~ - , U- 1/1 i 11 1 411 4 11 .4 11* .1 - 49: Â® : <4 i +1 11 - 1 1 i i 1 . : 1= .' 1 1 1 / LIL ~ 4rnj---*---%672 7 2-1 </ ' 'Ld 1 A . li '1 1 41/ C - ---1 \ 4 /1 1 ------- i - \111'' 1 I -- 14,/ 1 ,[l 11 - , 4 -Il.~ 4 i 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 DAINCING BEAR - PARKSIDE KITCNEN / RESTAURANT SOUTH ELEVATION EXPANDED TEAR ROUND BEATING SCALE: 3/16" = 1'-0" i ) EliE:11[~1][L ~ _ 4) 9 ftÂ® 7 *" 0 *i l, i L/ 91 1, I.,1 - 1 12 1, t. 1 1 .. .Vii , 6Â·* 1 1 /11 1 1 :1 11 1 1 &1 1 ..1 1 1 - g - -1 --7~ ~ -m-7-ig / / --9. 1 1 1 Br rn 1 ! El-7 A > 09 -44 i 1 ~1 4 114.11 11 1 43> 0 1 It =my....... / n m ' .[- I % '1 0 + /1 \ /1 Il :11 1 11 t , 91-----p-----L------ --1-JIEEL=. i ~jl 1 -- 1 '14 triÂ· s , r :"; ..1 _-1 [-4*F-11 "-11- 1 ~, 1 ' ' 1,1 K--zn=~11.----*il- 1 1 1 1 _ 1'* H.R. EXT. Ill I 1 1 1 DANCING BEAR - PARKSIDE KITCHEN / RESTAURANT CURRENT EAST ELEVATION SCALE: 3/16" = 11-011 1 + .. 11 , .4 ilv- F 1, 1 \\ 4% 1 4Â· 0 112 Â· Â·4\I Â®4: i 1 11 1 1 1 11 r. 1 1. lu lili .fÂ· 41 9 .rt I U 1 1 1: i 0 0 ii 1 'Â·:Â· 1- r t i 1----- --- i r-1 1 1 1 1 - 1 1 1 1 1 1 1 1 , --IÂ·'Â· WÂ·Â·A .....t'it Â· 1 ' + b' '4 1 + '5i -1 11 1 ~4. 1 ... 1 1.1 1 :L /% <p> <0 <*41 1 21/ 1 ILÂ· it fii 1-1 '1 . / 11 i z.1/ E--- ~ZIL ,~ I F I'' T-& .- ...t ~ 18)01 1 1 1., 1 ., 61""mil.'flill- i / i I . 0-- - ; / I / I --- . 1 //. Eli. 1 K 1. 1: 1,1 /1 1 - 1 i: \11/ 1 1 .... 1= /2 11.1 1 6/ 11 1 N 4 4..: ~ Â·- J 1-i.I ?' 2 't' I'---I' Il ~<1 .ji \ 01 1 262.2 1.-111-5.[1 1 H.1.1[ ull' 1 -Â»IlL- 1 1, 1 1 ' 111 L--11-~lit~~~ZZ-e:~=E=*-â€¢- - _ 1 1 r *_: 14 H.R. EXT. 1 1 1 1 1 1 1 1 1 1 1 DANCING BEAR - PAR<61[DE KITCNEN / RESTAURANT EAST ELEVATION EXPANDED 'FEAR ROUND BEATING SCALE: 3/16" = 1'-0" t AÂ£3AV-09-008-L uo!:int:su!, P juelueliielp ap sues Â®091.5 Â®Ahl3AV weqefi el zes!1!WI WO)*.laAe'MAAM 311!ne, m zeunsuo) v Jaied 9 selpe, sauenb!12 ASPEN KABINN LLC .ALYEMENI MOHAMMED & ALICE BENNIE THOMAS E ~ C/O NIKE COMM/NINA KAMINER EXHIBIT 3109 OAKMONT DR PO BOX 9884 75 BROAD ST RM 500 STATESVILLE, NC 28625 ASPEN, CO 81612 1 NEW YORK, NY 10004-2415 H BERHORSTJERRY BLUE LLOYD JR BOGIN ROBERT M BERHORST CAROLE PLEAS ALEXA 4280 S MEADOW BROOK LN 7161 LINDENMERE DR PO BOX 1569 EVERGREEN, CO 80439 BLOOMFIELD HILLS, MI 48301 GRAYTON BEACH, FL 32459 BRAYMAN WALTER W & PATRICIA BRIGHT GALEN BRIGHT GALEN 844 ROCKWELL LN 205 E DURANT AVE #3D 407 S HUNTER ST #3 KANSAS CITY, MO 64112-2363 ASPEN, CO 81611 ASPEN, CO 81611 BROWNELL LORRAINE B CALKINS GEORGE W CALLAHAN PATRICIA 1030 SECOND ST 105 S CHEROKEE 0184 MOUNTAIN LAUREL DR MORGAN CITY, LA 70380 DENVER, CO 80223-1834 ASPEN, CO 81611 CARRIGAN RICHARD A JR CAUSING JENNIFER M CHAPLIN ARLENE & WAYNE 2S526 WILLIAMS RD PO BOX 10343 54 LAGORCE CIR WARRENVILLE, IL 60555 ASPEN, CO 81612 MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT CHRISPAT ASPEN LLC CHRISTENSEN EUGENE J LU NANCY CHAO TRUST la INT 1107 5TH AVE PO BOX 10061 38 CORMORANT CIR NEW YORK, NY 10128 ASPEN, CO 81612 NEWPORT BEACH, CA 92660 CLAUSEN FAMILY TRUST NO 1 CITY OF ASPEN COHN PETER L CO GUNDY MGMT CO 130 S GALENA ST 1601 S CENTRAL AVE PO BOX 47 ASPEN, CO 81611 GLENDALE, CA 91204 MORRIS, IL 60450 CROSBY CHRISTINE ANN DANCING BEAR LAND LLC DOLLE NORMA 1050 E WATERS AVE #15 210 N MILL ST #203 124 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DONCER JOYCE TRUST ELLIS DIANA L ROQUE TRUSTEE EVANS DAVID COURTNEY 7641 W 123RD PL 13320 MULHOLLAND DR PO BOX 952 PALOS HEIGHTS, IL 60463 BEVERLY HILLS, CA 90210 ASPEN, CO 81612 FAULKNER JOHN L FELDMAN SELMA FOX THOMAS H 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 119 E COOPER AVE ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81611 [2=3 Tainjeed lead *sea Joi Jaded pee:IT 653 Â®Â°9Ls 31VldIAI31 Â®418AV agn Â®09:5Â®AlliAVIM I laall< Uoil),Ulsul BaC . i lAr gaa,r, laa-1 421 Â®1 AM)AV-09-008-L uo!:in.11.su!, P jueulaBielp ep sues Â®09L5 Â®AklaAV Weqe6 el zes.!I!:n LUO)'418Ae MAAM elline, el zeunsuo) 7 Jaled ? sallie, sal:enb,JJ .FREIRICH MARK A FUQUA ALVAH D JR & DIANNE L FYRWALD JON ERIK & GUDRUN L PO BOX 774056 446 LAKE SHORE DR 4348 PLUMWOOD DR STEAMBOAT SPRINGS, CO 80477 SUNSET BEACH, NC 28468 WEST DES MOINES, IA 50265 GEORGIEFF KATHERINE TRUSTEE OF GOLDSMITH ADAM D GLICKMAN EDWIN C THE SMITH RONA K 2322 LAZY O RD KATHERINE GEORGIEFF REVOCABLE PO BOX 9069 SNOWMASS, CO 81654 LIVING TRS ASPEN, CO 81612 #11 TOPPING LN ST LOUIS, MO 63131 GREINER JERRY M GROOS NICHOLAS D GUBSER NICHOLAS J GREINER TERESA U 210 N INDUSTRIAL PARK RD PO BOX 870 330 BICKLEY RD HASTINGS, MI 49058 ASPEN, CO 81612 GLENSIDE, PA 19038 GUNION JOHN F GUTNER KENNETH H REV TRUST HATCHER HUGH S 1004 MARINA CIR PO BOX 11001 205 E DURANT AVE APT 2E DAVIS, CA 95616 ASPEN, CO 81612 ASPEN, CO 81611 HERRON SANDRA A HOLLY TREE INVESTMENTS LLC HORTON KAREN JANE TRUST 119 E COOPER AVE APT 19 4823 HOLLY TREE DR 588 S PONTIAC WAY ASPEN, CO 81611-1761 DALLAS, TX 75287 DENVER, CO 80224 HOSKIN REEDE HOTEL DURANT IAVARONE GIANFRANCO & RITA PO BOX 2478 122 E DURANT 341 ORIENTA AVE BASALT, CO 81621-2478 ASPEN, CO 81611 MAMORONECK, NY 10543 ICAHN LIBA IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE PO BOX 11137 2409 GREEN ST 219 E LAKE SHORE DR #5D ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 J&E HANSEN LLC JACOBSON FAMILY TRUST KAPLAN BARBARA C/O EDWARD HANSEN 2168 SANTA MARGARITA DR 3076 EDGEWOOD RD 255 SEASPRAY AVE FALLBROOK, CA 92028 PEPPER PIKE, OH 44124 PALM BEACH, FL 33480 KAUFMAN STEVEN B TRUST KEBER VINCENT M 111 KEITH JOHN 111 C/O VIRGINIA HARLOW 1301 WAZEE #2E 300 PUPPY SMITH ST #203-230 0554 ESCALANTE DENVER, CO 80204 ASPEN, CO 81611 CARBONDALE, CO 81623-8770 KINGSBURY FAMILY TRUST KULLGREN NANCY A LACY ROANE M JR PO BOX 198 205 E DURANT AVE UNIT 2-C PO BOX 367 HOLDERNESS, NH 03245 ASPEN, CO 81611 WACO, TX 76703-0367 [TE Tainjeed lead Asea lo, iaded Pee:IT IE]:91 Â®09LE 3.1.VldINal ./LIBAvesn ~ Â®O9LSÂ®AlliAV~ |1241 I leallf UOIDn.!1SUI aac . 1 1=09*1 Viaop, taa-1 /20:1 AMBAV-09-008-L uo!.jjng:su!,P jualueBiele ap sues Â®09~ Â®AXIBAV Weqef el zes!1!in U,01*.laAe'MAAM 311!ne# el zeunsuo) 7 Aeled ? sel!,e, senenb!13 .LARRABEE DONALD C JR LEATHERMAN ROBERT D LEVY HELEN JOAN TRUST 411 LAKEWOOD CIR#All0 PO BOX 11930 421 WARWICK RD COLORADO SPRINGS, CO 80910 ASPEN, CO 81612 KENILWORTH, IL 60043-1145 LIMELITE REDEVELOPMENT LLC LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% C/O GENERAL MANAGEMENT 131 E DURANT AVE 24 LINDENWOOD LN 1201 GALAPAGO ST #101 ASPEN, CO 81611 LITTLETON, CO 80127 DENVER, CO 80204 LORING PETER & ELIZABETH S MACDONALD KENNETH HUGH REV LOCHHEAD RAYMOND R & EMILIE M LORING WOLCOTT & COOLIDGE OFFICE TRUST 200 SHERWOOD RD 230 CONGRESS ST 44 W HANNUM PASO ROBLES, CA 93446 BOSTON, MA 02110 SAGINAW, MI 48602 MARCUS ANN H MAGES LAWRENCE M & MARY K 84% MARK KENNETH A C/O S MARCUS 216 LINDEN AVE 200 PANTIGO RD 117 N MONARCH ST #01 WILMETTE, IL 60091 EAST HAMPTON, NY 11937 ASPEN, CO 81611 MCCONNELL THOMAS W & KAY L MCKENZIE BART B & PAIGE PARAVANO MESSNER CHRISTIAN 3814 OAKHILLS 4840 30TH ST NORTH 3111 BEL AIR DR APT 202 BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 LAS VEGAS, NV 89109 MULKEY DAVID A DR MILLER R GREG MOUNTAIN CHALET ENTERPRISES INC TRUSTEE PO BOX 4577 333 E DURANT AVE 2860 AUGUSTA DR ASPEN, CO 81612 ASPEN, CO 81611 LAS VEGAS, NV 89109 NELSON ARLENE NEWMAN KERRY J & RICKI R ONEAL PROPERTIES LLC 119 E COOPER ST #6 617 PRINCE DR 8100 E CAMELBACK RD #31 ASPEN, CO 81611 NEWBURGH, IN 47630 SCOTTSDALE, AZ 85251-2773 PASCO PROP LLC PAY ERIC GEOFFREY PHILLIPS B R SMITH PATRICK A 119 E COOPER AVE APT 12 311 S ASPEN ST #1 360 SOUTHFIELD RD ASPEN, CO 81611-1772 ASPEN, CO 81611 BIRMINGHAM, MI 48009 PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC PINES LODGE DEVELOPMENT LLC PO BOX 2492 152 E DURANT AVE 2353 IRVINE AVE ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 PITNER N KATHRYN POPKIN PHILIP G PRASAD REV TRUST PO BOX 11930 PO BOX 7956 3776 W 3700 N ASPEN, CO 81612 ASPEN, CO 81612 DARLINGTON, ID 83255 7 'Sla Teinjeed lead ,[sea io, Aeded paa:IT [i7751 Â®09LS 3.171dlAI31 041@Av esn 1 Â®09LsÂ®,Ula,Wi~ I leaLK uoilin,15ul aaq . 1 1=5044 41<,1,37 Imm-1 ~Col AMBAV-09-008-L uo!Unnsu!,P jualue~elp ap sues Â®09L5 Â®Ahl3AV 1!leqefi el zes!1!Wl LUO)*JaAe'AAMAA ell.ne# el ze:insue v ialed ? sape, sallenb!13 .PRODINGER IRMA PURVIS ROBERT K & CAROLYN K RINGSBY GRAY PO BOX 1245 PO BOX 3089 PO BOX 1292 ASPEN, CO 81612 ASPEN, CO 81612 HAIKU, HI 96708 ROARING FORK PROPERTIES ROBLES ENRIQUE ALVAREZ ROSSI ELAYNE R C/O HOWARD A WILL JR ALVAREZ CRISTINA 700 UTE AVE #710 5055 26TH AVE MONTES URALES 350 ASPEN, CO 81611 ROCKFORD, IL 61109 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUMSEY DANIEL W SCHAPIRO MARC & PATRICIA SCHAYER CHARLES M 111 13700 MARINA POINTE DR #512 1685 TAMARAC DR 588 S PONTIAC WAY MARINA DL REY, CA 90292-9259 GOLDEN, CO 80401 DENVER, CO 80224 SCHUMACHER JUDY M SCULL JAMES E SHAW ROBERT W 0115 GLEN EAGLES DR PO BOX 2051 5208 A PERSHING AVE ASPEN, CO 81611 ASPEN, CO 81612 FORT WORTH, TX 76107 SHEFFER BARBARA & DOUGLAS SHENNAN MELISSA A SILVERMAN MARC A & MARILYN L PO BOX 250 822 LANE LORRAINE 937 DALE RD ASPEN, CO 81612 LAKE FOREST, IL 60045-1643 MEADOWBROOK, PA 19046 SLT ASPEN DEAN STREET LLC SKY BLUE LLC 27.60% SOUTH POINT CONDO LLC C/O EPROPERTY TAX DEPT 206 5743 CORSA AVE # 101 150 N MARKET PO BOX 4900 WESTLAKE VILLAGE, CA 91362 WICHITA, KS 67202 SCOTTSDALE, AZ 85261-4900 SOUTH POINT CONDOMINIUM SPAULDING RICHARD W SOUTHPOINT-SUMNER CORP ASSOCIATION THOMPSON ELEANOR M 4828 FORT SUMNER DR 205 E DURANT AVE #2F PO BOX 278 BETHESDA, MD 20816 ASPEN, CO 81611 CONCORD, MA 01742-0278 STARWOOD VACATION OWNERSHIP STAPLETON DAVID W STARK RENEE A C/O JOAN LAND ACCT MGR 206 E DEAN ST #2A 205 E DURANT AVE APT 1D 9002 SAN MARCO CT ASPEN, CO 81611 ASPEN, CO 81611-3813 ORLANDO, FL 32819 STEINER DONALD R STITT ELIZABETH WILES IRREV TRUST SULLIVAN JOHN B TRUST BUCKHEAD GRAND 1450 SILVERKING DR 1300 E REUSCH RD 3338 PEACHTREE RD #3307 ASPEN, CO 81611 ELIZABETH, IL 61028 ATLANTA, GA 30326 TAROCH HOLDINGS LTD THALBERG KATHERINE SZYMANSKI WILLIAM R & LYNNE E C/O PATRICK D MCALLISTER PC C/O BROOKE ANDERSON 2220 E SILVER PALM RD 315 E HYMAN AVE #305 3131 CONNECTICUT AVE NW #2801 BOCA RATON, FL 33432 ASPEN, CO 81611-2909 WASHINGTON, DC 20008 123 Tain:ead ieed *sea ,0, Jaded Pee:IT RUE] Â®0915 3.LVIdIAIELL Â®41@AV esn 1 Â®0915Â®AkIEAV~~ =;941 i leallq UOID,Ulsul ee< . 1 1. r-19,1 (,Ar,p, ina-, ACD, AM3AV-09-008-L uo!.unnsu!,P lueiuel}Je41 ep sues Â®09 LS Â®Akl3AV weqeB el zes!1!:n LUO)*JeAe'MMAA alline# el ze:insuoj v Jeled ? salpe, seuenb!18 . A TOWNE PLACE OF ASPEN CONDO .THREE REEDS LLC TYDEN FAMILY FARMS PTNP ASSOC INC 2224 VIA SEVILLE RD NW 1730 IROQUOIS TR C/O ASPEN LODGING COMPANY ALBUQUERQUE, NM 87104-3096 HASTINGS, MI 49058 747 S GALENA ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & LIDIA M VENTER HENDRIK JOHANNES BEVERLY J 2000 E 12TH AVE BOX 8 PO BOX 11979 PO BOX 189 ASPEN, CO 81612 DENVER, CO 80206 LONE PINE, CA 93545 WHITE JALEH WEINGLASS LEONARD WICHMANN VICTORIA THICKMAN DAVID PO BOX 11509 BOX 4388 ASPEN, CO 81612 ASPEN, CO 81612 152 E DURANT AVE ASPEN, CO 81611-1737 WITEK ROBERT J & RONA R WOODING MERRITT B WOODSON TATJANA REV TRUST 225 S MONARCH #G103 PO BOX 339 PO BOX 125 ASPEN, CO 81611 HOPE, NJ 07844 TETON VILLAGE, WY 83025 WOW LIFT ONE LLC WUGALTER JOEL C/O WARSTLER ROBERT T 716 BISHOPS LODGE RD 3225 ELK CANYON CIR SANTE FE, NM 87501-1127 SEDALIA, CO 80135-8573 121 Te,meed lead *sel,06 ,aded Pae:IT Efl Â®09 L5 3.LVIdIN31 Â®AleAV asn ; Â®0915Â®AZIEAV~~ 1241 1 Jaalls uoipnnsui aes . i Irp 21 siaae, taa.I *se, KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC* Irc@keelaw.net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, III, PC iee@kcelaw.net TELEPHONE: (970) 925-8700 EBEN P. CLARK epc@kcelaw.net FACSIMILE: (970) 925-3977 COREY T. ZURBUCH ctz(20kcelaw.net MADHU B. KRISI+NAMURTI mbkibkcelaw.net DAVID C. UHLIG dcu,@kcelaw.net MATTHEW M, LOWRY niml@kcelaw.net * also admitted in California April 22,2008 City of Aspen Planning and Zoning Commission c/o Jennifer Phelan Assistant Community Development Director Planner 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Supplement to Application for Minor PUD Amendment and GMQS Allocation for 411 S. Monarch Street, Aspen ("the Project") To the Members o f the Commission: This letter is a supplement to the application and written description for the applications submitted on February 15, 2008 for the above Project. Staff, in a letter dated March 5,2008, requested that Applicant address the Commercial Design Review Criteria in sections 26.412.050 and 26.412.060 ofthe City of Aspen Land Use Code (the "Code"). This letter is a supplemental written explanation of how the proposed amendment complies with the Commercial Design Review Criteria or why those criteria are inapplicable. I. Introduction: The applicant is Dancing Bear Land, LLC, 210 N. Mill Street, Aspen, Colorado 81611 ("Applicant"). Our firm, Klein, Cotd & Edwards, LLC, 201 N. Mill Street, Suite 203, Aspen, Colorado 81611, is authorized to act on Applicant's behalf with regard to the Project. Please address all correspondence regarding this application to our firm and to my attention. The subject property is located at 411 S. Monarch Street, Aspen. The parcel is identified City o f Aspen, Planning and Zoning Commission April 22,2008 Page 2 of 17 as parcel number 273718219002, and the legal description of the property is: THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8,2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO. 498443, IN THE RECORDS OF THE CLERK AND RECORDER, COUNTY OF PITKIN, STATE OF COLORADO; also known as: Lots P, Q, R and S, Block 77, City and Townsite ofAspen, County of Pitkin, State of Colorado ("Property"). This firm has certified that Applicant is the owner of the Property and is entitled to submit this development application. A vicinity map is attached as Exhibit D to the initial application and letter. The Planned Unit Development (PUD) for the Project was originally approved by the Aspen City Council in 2003 in Ordinance No. 29 Series of 2003, and the Dancing Bear Lodge Final PUD Plan and Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69 Page 80, Reception No. 498443. The pending application is for permission to enclose the restaurant space that is currently beneath overhangs on the approved and partially constructed building. The proposed amendment would increase the restaurant/commercial space in the Project by approximately 386 square feet and would allow for approximately 30 additional diners in the restaurant throughout the o ff- season and winter months. Construction and design will be consistent with that which was previously approved for the Proj ect. The amendment will simply allow the recessed walls to be moved to the edge of the sidewalk, flush to the current fagade. This configuration will bring the active dining area to the edge of the sidewalk in the off-season and winter months, promoting interest in and a feeling o f vitality to the corner throughout the year. II. Exemption from Commercial Design Review: As a threshold matter, Section 26.412.020, "Applicability" states: This section applies to all commercial, lodging, and mixed-used development with a commercial component, within the City of Aspen requiring a building permit. Applications for commercial development may be exempted from the provisions of this section by the Community Development Director if the development is: A. An addition or remodel of an existing structure that either does not change the exterior of the building or, is determined by the Community Development Director, changes the exterior in such a minimal manner as to not justify this review. City of Aspen. Planning and Zoning Commission April 22,2008 Page 3 of 17 Applicant believes the current application should be exempted from Design Review based on this provision. The current application will make only very minor changes to the exterior and appearance of the building. In fact, the current plan is simply to move the bank of windows, as previously approved for the wall at the back of the over hung area, to the front of that area. Other than the relocation, there are minimal changes to the design and appearance building as already approved. Therefore, the proposed amendment should be considered an addition that does not change the exterior of the building or that changes the exterior in such a minimal manner as to not justify review. Furthermore, the desired change is actually more in conformance with the newly adopted guidelines. This is true because the relocation of the glass wall will bring the activity in the restaurant to the edge of the pedestrian area in the off-season and winter months. In the summer months, there will continue to be outdoor seating at the edge of the sidewalk. All of this will bring the active edge of the structure to the edge of pedestrian area, and increase the vitality and feeling of activity on this corner and important boundary to the Commercial Core Area. These are all goals stated in the Design Objectives and Guidelines. III.Commercial Design Review Criteria: Section 26.412.050 of the Code, titled Review criteria, states that an application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviation from the standards. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the faÂ¢ade of the building may be required to comply with this Section. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. City of Aspen, Planning and Zoning Commission April 22,2008 Page 4 of 17 Response: Subsection B is not applicable to the current proposal as this is a new structure and there is no change in the approved use of the space that is to be enclosed. In addition, the proposed amendment will change the exterior appearance only slightly and will be seamless with the existing exterior as approved in the original P.U.D. Therefore, there will be little or no variation in the appearance and design from the previous approval. Therefore, it appears the proposal must meet only the Commercial Design standards set out in Section 26.412.060. Section 26.412.060, Commercial design standards sets out the following standards: Standard: The following design standards, in addition to the commercial, lodging and historic district design objectives and guidelines, shall apply to commercial, lodging and mixed-use development: A. Public amenity space. Creative, well-designed public places and settings contribute to an attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to public rights-of-way or private property within commercial areas. On parcels required to provide public amenity, pursuant to Section 26.575.030, Public amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the public amenity shall be at the option of the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, according to the procedures herein and according to the following standards: 1. The dimensions o f any proposed on-site public amenity sufficiently allow for a variety of uses and activities to occur, considering any expected tenant and future potential tenants and uses. 2. The public amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation and simple at-grade relationships with adjacent rights-of-way are encouraged. 3. The public amenity and the design and operating characteristics of adjacent structures, rights-of-way and uses contribute to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the design and operational standards for public amenity, Subsection 26.575.030.F., promotes the purpose of the public amenity requirements. City of Aspen, Planning and Zoning Commission April 22,2008 Page 5 of 17 Response: The public amenity space requirement for the entire Project was satisfied in the original approvals by the provision of open space as required in the approval ordinance. The amendment proposes to enclose only spaces that currently exist under a roof overhang, and which are not "open to the sky' '. Therefore, those spaces do not fit the Code definition of open space, and the proposal will not enclose any existing "open space" under the Code. Standard: B. Utility, delivery and trash service provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one (1) building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas, unless otherwise established according to said Section. Response: This standard has been satisfied as part of the original P.U.D. design, review and approval. A utility, trash and recycle service area has been located along the alley meeting the minimum standards established by Section 26.575.060, Utility/trash/recycle service areas. An enclosure for the recycling, loading and trash area has recently been approved by Staff and added to the design to protect the area from wildlife and further shield the area from view. Standard: 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as an historic resource, dictate such encroachment. All encroachments shall be properly licensed. Response: This standard has been satisfied as part of the original P.U.D. design, review and approval. All utility service pedestals are to be located on private property and along the alley, and easements will allow service providers access. There are no encroachments into alley. City o f Aspen, Planning and Zoning Commission April 22,2008 Page 6 of 17 Standard: 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Response: This standard has been satisfied as part of the original P.U.D. design, review and approval. The delivery service areas is incorporated along the alley side, and enclosed. The truck loading facility is integrated into the building. Standard: 4. Mechanical exhaust, including parking garage ventilation, shall be vented through the roof. The exhaust equipment shall be located as far away from the street as practical. Response: This standard has been satisfied as part of the original P.U.D. design, review and approval. Mechanical exhausts, including parking garage ventilation, are vented through the roof and the exhaust equipment is located as far away from the street as possible. Standard: 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. Response: This standard has been satisfied as part of the original P.U.D. design, review and approval. Mechanical ventilation equipment and ducting is routed internally within the building and located on the roof, and minimized and recessed behind the parapet and other screening devices such that it is not be visible from a public right-of-way. IV. Commercial Character Area Design Obiectives and Guidelines: Section 26.412.050(C) further requires that all applications comply with the applicable Design Review Guidelines. The Project is located in the Commercial Character Area and must comply with the guidelines applicable to that area set forth in the Commercial, Lodging and IIistoric District Design Objectives and Guidelines. Staffhas advised Applicant that because this is a minor revision and a Consolidated Review, Applicant need only address the Final Design Guidelines. Those Objectives and Guidelines and Applicant's responses follow. City of Aspen, Planning and Zoning Commission April 22,2008 Page 7 0 f 17 Obiective: 1. Strengthen the sense of relatedness with the Commercial Core Historic District. Strengthening the definition of the street edge in a manner similar to the Commercial Core is desired. At the same time, the Commercial Area is a place where more variety in design is encouraged. Imitating historic styles is not an objective, but re-establishing a sense of a stronger fundamental framework will enhance the urban qualities of this area and is a priority. Response: The proposed amendment will not significantly alter the previously approved fa~ade of the Project. However, the relocation of the restaurant window, from the back of a recess area as previously approved to the edge of the sidewalk on the east and the edge o f the outdoor dining area on the south, will reinforce the street edge in a manner similar to the Commercial Core and help to re-establish the Core framework in an area at the edge of the Core. The proposal will also create a hard sidewalk edge that enhances the urban qualities of the Commercial Character Area and relate it to the characteristics ofthe Commercial Core. This will also bring the activity in the restaurant to the sidewalk edge, and add vitality to the area in winter and off season months. The remaining characteristics will remain as previously approved. Obiective: 2. Maintain a retail orientation. Greater retail presence at the street edge should be achieved to ensure an enhanced street vitality and an enriched and more urban definition of the commercial street frontage. Response: The approved and proposed space will remain a restaurant as required in the previous P.U.D. approvals. Having the interior restaurant seating area closer to the street and sidewalk edge will mirror a greater retail presence and will allow passersby to see into the restaurant from the sidewalk. This will help to ensure enhanced street vitality and a more urban definition of the commercial street frontage Obiective: 3. Promote creative, contemporary design. Designs should seek creative new solutions that convey the community' s continuing interest in exploring innovations. At the same time, the fundamental principles of traditional design must be respected. This means that each project should strike a balance in the design variables that are presented in the following pages. City of Aspen, Planning and Zoning Commission April 22,2008 Page 8 0 f 17 Response: The proposed amendment will not significantly alter the previously approved fagade of the Project. The design variables that were approved to balance traditional and contemporary design will be maintained. Obiective: 4. Encourage a well-defined street wall. The intent is to more clearly establish a strongly defined street wall, but with some greater variety than in the Commercial Core Historic District since the historic building edge is not as defined. A stronger street favade definition should be achieved while at the same time recognizing the value of public dining and landscaped space. Response: By moving the restaurant window, from the back of a recess area as previously approved to the edge of the sidewalk on the east and the edge of the outdoor dining area on the south, this proposal will clearly establish a strong street edge and reinforce the street edge in a manner similar to the Commercial Core. This will aid in the transition from the Commercial Core framework to this area at the edge ofthe Commercial Core. This stronger street fagade definition is possible while retaining the outdoor public dining space and landscaped areas as previously approved. All ofthis will add vitality to the area in winter and off season months. The remaining characteristics will remain as previously approved. Objective: 5. Reflect the variety in building heights seen traditionally. It is important that a range and variation in building height and scale in the Commercial Area be recognized in future development. Larger buildings should be varied in height and reflect original lot widths. Response: The proposed amendment will not alter the previously approved heights and faga(le of the Project. The varied fagade and roof height and all other exterior dimensional characteristics will remain as previously approved Obiective: 6. Accommodate outdoor public spaces while establishing a clear definition to the street edge. Providing space in association with individual buildings remains important, but should be balanced with much greater building street presence and corner definition. City of Aspen, Planning and Zoning Commission April 22,2008 Page 9 0 f 17 Response: See Response Above. By placing the restaurant window at the edge ofthe sidewalk on the east and the edge ofthe outdoor dining area on the south, this proposal will more clearly and strongly define the street edge in a fashion similar to that in the Commercial Core. This stronger street fagade will be created while preserving outdoor public dining space on the south side. The proposal will also retain the clearly defined street corner as previously approved. Obiective: 7. Promote variety in the street level experience. Display cases, architectural details and landscaping are among the design elements that should be used. Response: See Above Responses. The location of the restaurant window at edge of the sidewalk on the east side and the edge of the outdoor dining area on the south will establish a strong street edge while retaining the outdoor public dining space and landscaping. This will bring activity to the street edge and add vitality to the area in winter and off season months. Guideline: 1.29 A new building shall reflect the traditional lot width (30 ft.) as expressed by two or more of the following: â€¢ Variation in height at internal lot lines Â· Variation in the plane o f the front fai:ade â€¢ Street fagade composition â€¢ Variation in architectural detailing and materials to emphasize the building module Response: The proposed amendment will not alter the previously approved faGade of the Project, except for the relocation of the previously approved window of the restaurant to the edge of the sidewalk to the east and edge of the patio area to the south. The variations in height and fai~ade to reflect lot widths will remain as previously approved. City of Aspen, Planning and Zoning Commission April 22,2008 Page 10 0 f 17 Guideline: 1.30 The detailed design of the building fagade should reflect the traditional scale and rhythm of the block. This should be achieved using all of the following: â€¢ The fenestration grouping â€¢ The modeling o f the faGade â€¢ The design framework for the first floor storefront â€¢ Variation in architectural detail and/or the palette of faGade materials Response: The proposed amendment will not alter the previously approved fa~ade of the Proj ect, except for the relocation of the previously approved window of the restaurant to the edge of the sidewalk to the east and edge of the patio area to the south. The fenestration grouping, modeling of the fa*ade, variation in architectural detail and/or the palette of faGade materials will remain as previously approved. The design framework for the first floor storefront will be somewhat altered as the storefront and activity within the restaurant will be brought either to the edge of the sidewalk or closer to the edge of the sidewalk. This will contribute to the vitality of the neighborhood in all seasons, but especially in the winter and off seasons when the currently approved exterior seating is unlikely to be used. Guideline: 1.31 A building should reflect the architectural hierarchy and articulation inherent in the composition of the street fag(le. The following should be addressed: Â· The design and definition of the traditionally tall first floor â€¢ The vertical proportions of the upper level fenestration pattern and ratio of solid wall to window area. Response: The proposed amendment will not alter the previously approved faâ„¢le of the Project, except for the relocation of the previously approved window of the restaurant to the edge of the sidewalk to the east and edge of the patio area to the south. The design and definition of the traditionally tall first floor and the vertical proportions of the upper level fenestration pattern and ratio of solid wall to window area will remain as they existed in the previous approvals. City of Aspen, Planning and Zoning Commission April 22,2008 Page 11 of 17 Guideline: 1.32 A building should reflect the three-dimensional characteristics of the street faga(le in the strength and depth of modeling, fenestration and architectural detail. Response: The proposed amendment will not alter the previously approved faGa(le of the Project, except for the relocation of the previously approved window of the restaurant to the edge of the sidewalk to the east and edge of the patio area to the south. The design and definition of the traditionally tall first floor and the vertical proportions of the upper level fenestration pattern and ratio of solid wall to window area will remain as they existed in the previous approvals. Guideline: 1.33 Any new building shall be designed to maintain a minimum of 9 feet from floor to ceiling on all floors. Response: The proposed amendment will not alter the previously approved floor to ceiling heights. The design and definition of the traditionally tall first floor and the vertical proportions of the upper level fenestration pattern and ratio of solid wall to window area will remain as they existed in the previous approvals. Guideline: 1.34 Maintain the distinction between the street level and upper floors. â€¢ The first floor should be the tallest floor to floor height in the building. â€¢ The first floor of the primary fagade should be predominantly transparent glass. â€¢ Upper floors should be perceived as being more opaque than the street level. Upper story windows should have a vertical emphasis. â€¢ Ilighly reflective or darkly tinted glass is inappropriate. â€¢ Express the traditional distinction in floor heights between street levels and upper levels through detailing, materials and fenestration. The presence of a belt course is an important feature in this relationship. Response: The proposed amendment will not alter the previously approved floor to ceiling heights. The design and definition of the traditionally tall first floor and the vertical proportions of the upper level fenestration pattern and ratio of solid wall to window area will remain as they existed in the previous approvals. City of Aspen, Planning and Zoning Commission April 22,2008 Page 12 0 f 17 Guideline: 1.35 A new building should be designed to maintain the stature of traditional street level retail frontage. â€¢ This should be 13-15 ft. in floor to floor height on the first floor. Â· The minimum required first fioor height must be maintained for at least the first 50 foot depth of the lot, and may only be dropped to a lower height beyond that point for areas that are devoted to storage, circulation, offices, restaurant kitchens, alley commercial spaces, or similar secondary uses. Response: The proposed amendment will not alter the previously approved floor to ceiling heights. The design and definition of the traditionally tall first floor will remain as it existed in the previous approvals. Guideline: 1.36 Minimize the appearance of a tall third floor. Â· Where a third floor's floor to ceiling height is in excess of 12 ft., it should be set back a minimum of 15 ft. from the street fagade to reduce the apparent height. â€¢ Increase the parapet height to screen the visual impact of a tall top floor. â€¢ The design of a set back third floor shall be simpler in form, more subdued in modeling, detail and color than the primary fai:ade. Response: The proposed amendment will not alter the previously approved floor to ceiling heights, and will only minimally affect the appearance of the fa~ade. The previously approved effect oftiered upper floors will remain as it existed in the original approvals. Guideline: 1.37 The first floor fafade should be designed to concentrate interest at the street level, using the highest quality of design, detailing and materials. â€¢ A strong and distinctively designed retail framework for the first floor of the building. Â· An entryway designed to use the full height of the storefront. â€¢ A distinct change in the palette of materials used for the first floor design framework. â€¢ The depth and strength ofthe modeling of elements and details. City o f Aspen, Planning and Zoning Commission April 22,2008 Page 13 of 17 Response: The proposed amendment will not alter the previously approved first floor fa~ade o f the Project. The relocation o f the approved window of the restaurant to the edge o f the sidewalk and patio area will move the activities within the restaurant to the street edge and concentrate interest at the street level. All construction will use the highest quality of design, detailing and materials to emphasize the retail framework of the first floor of the building as previously approved. The entryway is designed to use the full height of the storefront, and a distinct change in the palette of materials used for the first floor design framework as previously approved. Guideline: 1.38 The retail entrance should be at the sidewalk level. â€¢ All entrances shall be ADA compliant. â€¢ On sloping sites the retail frontage should be as close to a level entrance as possible. Response: The proposed amendment will not alter the previously approved first floor fagade of the Project. The first floor and restaurant will remain at street level and will provide ADA accessibility. Guideline: 1.39 Incorporate an airlock entry into the plan for all new structures. â€¢ An airlock entry that projects forward of the primary fagade at the sidewalk edge is inappropriate. Â· Adding temporary entries during the winter season detracts from the character of the historic district. Â· Using a temporary vinyl or fabric "airlock" to provide protection from winter weather is not permitted. Response: The proposed amendment will not alter the previously approved first floor fiwade, and will only impact the entryway very slightly. The will still be an airlock entry as in the existing design. Guideline: 1.40 Window area along the first floor shall be a minimum of 60% of exterior street fag:ide area when facing principal street(s). City o f Aspen, Planning and Zoning Commission April 22,2008 Page 14 of 17 Response: The proposed amendment will not alter the previously approved first floor ftwade of the Project. The relocation of the approved window of the restaurant to the edge of the sidewalk and patio area will increase the window area along the first floor fagade over that required by the previously approvals. Guideline: 1.41 Where appropriate a building shall be designed to maintain the character and transparency of the traditional street level retail frontage. Response: The proposed amendment will not alter the previously approved first floor *ade of the Project. The relocation of the approved window of the restaurant to the edge of the sidewalk and patio area will increase the window area along the first floor fa~ade. By placing the restaurant window at the edge of the sidewalk on the east and the edge of the outdoor dining area on the south, the proposal will add transparency to the restaurant area and also concentrate interest on the first floor faga(le and street level by preserving the outdoor public dining space on the south side. Guideline: 1.42 Design of the first floor storefront should include particular attention to the following: â€¢ The basic elements and proportions of storefront design Â· Depth and strength of modeling â€¢ The palette of materials and finishes used in both the structural framework and the storefront window Â· The concentration of architectural detail to ensure a rich visual experience â€¢ The complementary use of signage and lettering to enhance the retail and downtown character â€¢ The use of lighting to accentuate visual presence Response: The proposed amendment will not alter the previously approved first floor fagade of the Project. By placing the restaurant window at the edge of the sidewalk on the east and the edge o f the outdoor dining area on the south, the proposal will add transparency to the restaurant area and also concentrate interest on the first floor fagade and street level by preserving the outdoor public dining space on the south side. City of Aspen, Planning and Zoning Commission April 22,2008 Page 15 of 17 Guideline: 1.43 Retail frontage facing onto side courts or rear alleys should follow similar design principles to the street frontage, adjusted for the scale of the space. Â· It should be designed with a similar attention to architectural articulation, detail and materials. Â· These should have a richness of detail that is inviting to users. Response: Inapplicable. The store fronts of the restaurant as proposed will face Monarch Street and Durant Avenue. Guideline: 1.44 A larger building should reflect the traditional lot width in the form and variation of its roof. This should be achieved through the following: â€¢ A set back of the top floor from the front fagade â€¢ Reflect the traditional lot width in the roof plane Response: Inapplicable. The proposed amendment will not alter the previously approved fagade of the upper floors or the roof. Guideline: 1.45 The roofscape should be designed with the same design attention as the secondary elevations of the building. â€¢ Group and screen mechanical units from view. â€¢ Locate mechanical equipment to the rear of the roof area. â€¢ Position, articulate and design rooftop enclosures or structures to reflect the modulation and character ofthe building. â€¢ Use materials which complement the design o f the building fa~a(les. â€¢ Design roof garden areas to be unobtrusive from the street. â€¢ Use 'green roof design best practice, where feasible. Response: Inapplicable. The proposed amendment will not alter the previously approved upper floors or the roof. City of Aspen, Planning and Zoning Commission April 22,2008 Page 16 0 f 17 Guideline: 1.46 High quality, durable materials should be employed. Â· The palette of materials should be specified, including samples of materials as required. Response: The wall materials as previously approved will be used in the relocated wall. The appearance will be altered only insignificantly. Therefore, the proposed amendment will comply with all materials requirements as previously approved. Guideline: 1.47 Building materials should have these features: Â· Convey the quality and range of materials seen traditionally Â· Reduce the perceived scale of the building and en-hance visual interest of the facade Â· Convey a human scale â€¢ Have proven durability and weathering characteristics within Aspen's climate Response: Only materials previously approved will be used in the relocated wall, and all will meet the stated criteria. Guideline: 1.48 A building or additions should reflect the quality and variation in materials seen traditionally. Response: Only materials previously approved will be used in the relocated wall, and all will meet the stated criteria. Guideline: 1.49 Where contemporary materials are used they shall be: â€¢ High quality in durability and finish Â· Detailed to convey a human scale â€¢ Compatible with a traditional masonry palette City o f Aspen, Planning and Zoning Commission April 22,2008 Page 17 of 17 Response: Only materials previously approved will be used in the relocated wall, and all will meet the stated criteria. Guideline: 1.50 Materials used for third floor accommodation set back from the street fa~ade(s) should be more subdued than the primary fagades. Response: The proposal will not alter the third floor of the Project. Only materials previously approved will be used in the relocated wall, and all will meet the stated criteria. Guideline: 1.51 Paving and landscaping should be designed to complement and enhance the immediate setting of the building and area. Response: The proposal will not alter the previously approved paving and landscaping. All paving and landscaping will be constructed as previously approved, and all will meet the stated criteria. V. Conclusion: Based on the foregoing, Applicant meets each of the stated requirements for the requested approvals and amendments Thank you for considering this application. Ifthere is further information that you require, please do not hesitate to contact me. Sincerely, KLEIN, COTE & EDWARDS, LLC A _b-*r-, B n . / G. l- Eben P. Clark cc: Dancing Bear Land, LLC Supplement to PUD Am Application 1tr 4-21-08.doc - SNOILY,â€¢313 ONÂ¥ NVId iNE,Ndln03 - NJHOLDI NIny - 301,u]S 000.3 Noud,bos]C 0.... 18 Q340&*dÂ¥ .-1 .Â¥0 ON 30IS>{21Vd - 8938 SNIONVO 1 KueduJOD~ ' -'/ 1 Un05 1 ..1 . 1(*Â¥.0 00'~0100 'NldSÂ¥ ~ 4 :nui no~ N SNOI ;1A38 4-Le- -"-=milo- 9 1- (71 91- A A -5783[ 9 - 1-PJ 2 *24 44 4 0 - 000000000 0 11 - 1 [mÂ«=ffÂ°Â« E f-Â·. d~r .-1, 3-9 * 52''Ti*4,9-6 -4*I p ~ \EF:= A J~l e \' full341=U=L= ......r,-r. 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OFFICE J I 1 RECEIVING & TRASH 1 STAGING AAEA , LANDING 31---1 41-= i -~~~ ' rri~~ **Lf 1~101112-u -31 i 7, 'lul' 1 . 5 STREET LEVEL RA CHECK-IN4 CORRIDOR 100. /1~ ELEVAnON - COOK UNE /h ELEVATION - CHErS COUNTER 5 2 4-0 I# WOMEN 1 4 1 ---SnOKE ---3 1 ~ ENTRY'-7 ---- = *ee L088Y =2 - MEN 1. ~EBEEPY r --- 1 Ir--r--:A6, - E--11129-4 -- 9 1<7,1.--JI'll " 4 71~- 1 \.1 =lilli ELEVATION - CHEr S COUNTER (P)CK-UP SIDE) E73il,=-Â· 5MOKE - r-- '14]1 -1 2= ELBJ.7 000 11 pr$1 I I 1 Vil,n F 1 Y i riM-, 14== ==:/=- , I 1, 10(**e) *0 SMOKE 99 97 3 GUARD 11 . t.Â¥9 1 .A A co â€¢4=45*~lU ~i qÂ®--791 1111Rte 1 Ill,11. - i 11 1 1, -1 0 4, F LL 7- *-71 -i' 1 , ID ur:]EFINTE}ift 677 gif-331 1 -Imki -0 /40- *-1 t. 11- *44 6 -EUNS* 66* 1 4421*92 Â«4 inr 1 1 0 ELEVATION - SOILED DISHTABLE / BEVERAGE COUNTER ~ ~ 11 : 1 1~91.4 9*19 :Ene)ME O 1 7 6-11<i t.--0 4, -MN- 27-*ff'I ~ 0 11 Cr -7 JUIL-6Â© - â‚¬hfreN [01 2!>r-110 11'll....*~.1-7/--r-ry--1 0 90 > - I *tli,517500-0 V 1 Â· 1- a/- 1/;11 m -, 2-2 - M 11 1 - CLEAN ASHTABLE ELEVATION - UNDERBAR EQUIPMENT (FRONT'l r Â© ELEVATION O ,/4.-1.-0 = E-1 _ __fl _~ _Q_ _~6~ ~~~ r --1 1 wk T Ik E-21 LED'.14 2*21 0..2 P I Joe â€¢Ugot w 4 EÂ¥.- Ch ELEVATION - BACK BAR MAIN KITCHEN EQUIPMENT PLAN I.*GIl 1/4.-1.-0 FS3.0 24 0 + W.Ir.*u- .r -43firtz~**4' :3i~ . f.4 13 467 41 At: . ---- 1 9 -7- 19-1.l -Lj 52-?SIN-~A Â·,9/ :06' 3, 1 .. - ~Â· '/ F## rosl-/5,5.- Â· . 7-â‚¬.t_-Ltr * 4 /. 2 - --- ' :'Â·I r , ~, 3,1 1 4,9,1 1. D- 1 - 1;<4<11 1.7 .221- 19.- n 402 - 2. ' .. "':;'Of.; . 77*-' 4% K- , - . /7 - 4 . . . 12.2 1,2 nulf:OM'-2,--- 9 , , ... I *4 -1 ' f. Â·4Â· tr ~, f 4.. 7 1 r 1 + 4 5/9 ' 6- / I J ;' P 4- r la, 11 ; - -. . , -t'-. , 2- S I 4 4,_ . ~ Ir--1 . 120 71. . . i ... , 2 4 D.,rÂ·7â‚¬i'"51 r 446",;2Â·al. 1 P 4.-Jan 1 I.Y 41 -.61'limill -Â»- .L- 092 , 1 r --gul f. 11 j:,: 4 . 7, - I * - 4 I.- - . -tr '~ 4 *. i. . 4, , f 4< +A . -- 2 . ..f.*Â£51 . ..'.I- *..1../ . , *:,9 . 1 - C +1' 1 . /4 i, i , 1.1 1: , 4./4 C :1 1 3 . .-- . 1 ..1 \ A 4 e â‚¬ iIi - 2-11 4,/1 1 r }1 -- 1 1 p . .2 31' 7, 4 .6 7.- p-, 1-: 44' .1 -:; * 8 1 I - ' " 1- # ..It %. -12 - , f V li . - -45't ./112 - ./ r. 17' ~~j.,~r- â€ž .4. 1 ~. - : gl.*#&&*-% - ----==r %*.a ':r . â‚¬)44\5 \T E- .Â¢ff , U /90%46Â« ' ' Â·Â· 0.*' Li i I. 9 . - + ':Â¥40},c,~'fal.?1~1 '..~,5 - 1 ' 4'4+ , 7 . . - I .: / ..1 9.i ... ..4. ?..I kiÂ¥.4 :.1 .lilli 2 >f - 1 I 4- 'I '1' 7, 1 9 A-t IA 41: 3 + 1 gc f t'~,ifir dad.. ,. r., - 41. flt ,.Â·Â·Al. 0Â· "~ 129:'iwillia Â·Â· e Â·- u .ve 41 .1 - t- 62.litâ€¢â€¢317 4.1 , " 4 ;. - ,~5. '1 , 1,62 ~--il. INE-,B..... -44/ 7. -- . ~914"I . 2. , , 4 I 11.- Â· nâ€¢ ' - . -7 I ir- 1 ..... M.- .5-11'h'=703 4 9111...1, /9 1 , ~ 9 - r .1 -1 4 - 1.6 /14/ME p - f't :. 1 r 4 1.0 - S . 41, 1 'p'Â«6-29, r n " - A- 11' -MIAâ€¢' - 11,4 I . 4' 1 724 1 , 5/4 1 1///*&J"a- f -71 :201 .1 #,r~ .... la. -. . r 1.1 . *14~~ . Â·k *,Al i . *2 'I +;At 4 #%9.~'' W --0 1 - I , , I & .... ; w.47Â·. :f Â· ., e . .1 e k --: E Â¢ 4. . 4 1 , ,/ '91 , i % * ~ .79' , - I / Abl.;Vt: J 1 ~ GAS SHUT-OFF J-_-_ C .1 11 \ 2% 1 1 1 41 \I liu-t----------1 : *1 r c,â€¢tz BAR ~@34Â· AFF ' __ 9 51]h Li , 11 . 11 E- J-~ 1 = pi 26 1 r- 1,4 lit--IM ' - 8 1 f U LAJ~. - - - -1 Eli Dclll .it 27 4- 1 9 FP-101 : TOWN & COUNTRY FP-102 / ) 11 F = 26 TC36 SEE-THRU GAS -- / fli OVERALL BULDING SHUT-OFF 611 --- FF- 26 1 1 - 24 58/432 60. FT. 1*11= lilli 1 - - 1 0 1/4 1 7-1 1 1 eFF .h' Ist FLOOR: GFU ABOVE -1 1 1 I (13112 4! 8,353 50.1~T. 1 EX. HOOD ABOVE L/1 1 1 l__ n 20 1 11Â« 03 gl Â£=1 4-3 RESTAURANT: 4 1 -Al A 99'-0" 1 ~ fâ‚¬'11 1;7- (SNOUN NATCNED) 9 4 00 1 4 4 kli ' 4 '&~- W ~| 5 ~1~ 1,808 62. FT. 7 . 1..0 1 k=**=*El I Sm : 1/11 NAY i '[5] 1 .I~ 1 --' , 1.{ 1 1% I f 1; DANCING BEAR - PAR<SIDE 1 ; 1/11 I I 21 22 1 KITCNEN / RESTAURANT 1 kil '91! 1 01 CURRENTLY APPROVED LAYOUT i I lili 0 25 w e L ABOVE WALL 57 OW,ZE DECORATIVE P 11 M STEELBAND ABOVE TYP. L 1 1 AWNING 1 8 11 B .IJ -ABOVE 1 1 0,1 1 cl.-1-~lion 1~ [0 r -=~ if 69 -Ililli 1111'il 1111'il W rb FP 103,~~~ ECALE: 3/16 ' = 1'-0" 1111'll : ;IJ 1111111 8 i h,j , 1 J .9 FP-103 / Fil- n rl - #.47 ~ GAS -1 1- ------752, / SHUT-OFF -Ill 1 - .rg/-TI~~~1/~#Li~*~~*clmE/~22iNUA~w~21â‚¬20â‚¬22.~22~Li- Uâ‚¬-22 fa*i~ '>" N 1 \ \ // \9/ i , 100'-6 1 1-9-- - IP NMOO ad01$ d Â©E-1 N 1 1 111 /<{hi f =-44 ' ' OVERALL BUILDING: 1 1 1 1 1 58~BIE 61. FT. (066% INCREASE) 4 Â«4 3 T9 1St FLOOR: 8,138 60. FT. â€¢RESTAURANT-" E9 I2 f ~1 4912 1 (4.6% INCREASE) - -El ---~1.-~ cgi * Eli + 99'-0" p ~ RESTAURANT: 1 1 1 1 i INdt!-111' * 2 -FL +- -.<ettÂ«-1 (61-IOLLN NATCHED d t tirl 1 1 1 + CROSS NA T CAED ) 0 1 1E1# 1 - 4= 4 ~ I x 2,184 61. ET. (F g 4-6Jll@ ' rÂ» 2 0 (21.496 11\~CREASE) E- ---Jn~ > e 00= 9 M - 1 Ill _112 2- - DANCING BEAR - \[33 CEmr- t 4-1 11\\1 11% u CN i __Tr- --1 PARKSIDE - 17-44 /1 -24 5 r. i &11 KITCREN / in > L ' -11 E 31 RESTAURANT ~24 7 7 11 / ELL--1 ~ . C- PROPOSED 1- IL Â£-- -- a ADDITIONAL YEAR li )07 /7 - --4 -443 EXPANDED \ - UL- ------, 1 4~42'3 -__- _--- ROUND SEATING: 236 EQFT I TEAR ROUND \A .6 1 1 11 42--1-1-0 SEATING ._â‚¬t:4-274-1}i{I~h-- - ----- - - Imilli;i--- --- - T.~1 4 9 - st<31 \ 11111111 111'111111 -. Â©91 1 Â·Â·Â·Â·Â·Â·----'-- Illimi LAYOUT INTER'OR 10111111 1. 6., 11 T-J EXTER OR 1 cr, a. a. J 1 -1- -- 3- 1 1 1001-61 0 0 5 A f P.J --1 1 1 LIM]Cl , f I 5 9 99 8 jYFLIIJ i 1 & E-1, p==@P=19 : -1 / .4 E~ 9 RECEMNG & TRASH OFFICE ' STAGINGAREA 1 LANDING Wll-* '-It #' ' 1 1 2 Â©C I STREET LEVEL CHECK-IN 215 217 8.16 e ,0.10 * CORRIDOR 100Â·. in 4 /11 ELEVATDN - COOK UNE /n ELEVATION - CHErS COUNTER -L 1 G 4210 1/4.1 -0 7 -SIOKE ~ GiJARD 7~NILF li -1 ELEV 2 - ENTRY 4 2-1.111 1 e e e . MEN a] lm# LOBBY 'I IA L I ll IL_ .1 1.- . 11946'F- -1 r--= & fE . I L- |.1~ .~â€¢ 1 ti~ 1 1 3 00 8 * 0 mic \Ll 01 ELEVATION - CHErS COUNTER (PICK-UP SIDE) = 1 Â· 4496 NK 1 rt 1 1 1 I 000 9 0 - W SMOKE 9 - - 11 GUARD ~ 47>1 - 11 r 1- ....r.(imrEIN.,tk# 9.--1/9-*ifie 11- A U 11 -C']ZF "13-- ..W>@ BL-1 1 -* 21 1 11 ra ELEVATION - SOILED DISHTABLE / BEVERAGE COUNTER 11 / 4 2_/*L *~ 664"803 0 0 0-3 i 2 1 f 11 MU rr -. 02 W 11 .=ll â‚¬1 E r ~17/1 U ./7M HO \] 1 1/ 250 a . p . --01.43 1/ 1.--7-3---- 0 11 Il, . ., 4' gr. .0 000 _3 . f 12 8 ELEVATION - CLEAN DISHTABLE rh ELEVAnON - UNDERBAR EQUIPMENT (FRONn P " U - 1/4 -1'-D' 1/4~1'-0 . lili 0, M w 'In -2 11 JPL: m. . E--112=== =InILLIUIL~I I 10 E 111 2 4 11Â§ CZE L_2 . Irilill,4 ilw, im E-3 LI:(Ii IitilÂ« 3 U.': 22 i El 4 garâ„¢ /h ELEVATION - BACK BAR MAIN Kn-CHEN EQUIPMENT PLAN DR,-0/0 1/4-=1'-0 FS3.0A SN0ISIA3/ Aueduioz) 24* 301SM@vd - 8Â¥38 ONIONV SNOLLVA3-Q -1 1 E /1 11 2111 Ilili 1111 11, V P 3 ; 1 :imIE-1 1= 7 1 1 0 8 8Â® e f Ir l /1 1 3 .=$7 1 01 Trui - *Fi--i7LIIL U 1 5 4 6 4 -47 * * 0. /07~ ELEVAnON - COOK UNE /h ELEVATION - CHEF'S COUNTER 5 0 1/4'-1'-0 VS.%,1, 1/4--1.-0 f.4 r[ - 18 kE~~ 3 A 1 ''17 'll 1 10 L---1 1.---UL== . I 1 -1- 31. .M 19% - -1 1.2 - 11/-19 1! 41 9 (el) 8 0 ELEVATION - CHErS COUNTER (PICK-UP SIDO 9-139- f-]E~ EÂ«jE --4 4% 0**30 Â®@09 e----... rÂ»===A++r-MÂ·Â·r 8Â® â‚¬Â®9- m. 1 . 1- EG=4*70 2,0 e_ - 4 tk-013 FÂ¤44*W T F~-4' I - 2 000 4944 I 43 42) E) we Q.*24'kiC#~ 42 204 -* A --Vi .4/ 22- i 4 91% Ut ~ ELEVATION - SOILED DISHTABLE / BEVERAGE COUNTER A e---:*- - 7, k-L-e pil Of-r= *.1-0 ER _15---,2*k *a-LK I IVE -kill 11 ' 7 #,P 1 4/4 law CL up 29 -1.al-. ,4[ f: L>/U @7 40 HOS'A 01 = ~ ~ ~11 --#it: Pit Â« 4 41*4Ei t . - f-]WN ->00Â£9? L r , F . KLUNMI..''a- rit~ L i i ; -,11 11 0 ELEVATION - CLEAN DISHTABLE * ELEVATION - UNDEREAR EQUIPMENT (FRONT) 24 ...3%-. r Jit-= 72300 - I 1/4~.:Â·-0- , 47 42 --_ -------- d> "/4.=rtr--rÂ«42 -1 - ~41Â» 0 il Ful J 1 - 1 V+41 \ 1 111 ./ i 11.2 0% ~ T i [I] 20 Emm 10:Ill:-7 .-23(:3 -*kt> 5*$ led i Se 1 - 4,4. -- /h El.EVATION - BACK BAR MAIN KITCHEN EQUIPMENT PLAN 0%. 1/4=1'. FS3.0 333ujolk#01 000000000 30IS)18Â¥d - hiÂ¥3 NBHOUM NWIN Dancing Bear Parkside - Aspen, CO 1.14.08 Restaurant & Kitchen: Proposed Expanded Year Round Seating Current areas as shown on permitted set of drawings: Overall Building: 58,432 sq. ft. 1st Floor: 8,353 sq. ft. Restaurant/Kitchen: 1,808 sq. ft. Proposed re-design area increases: Overall Building: 58,818 sq. ft. (0.66 % increase) lst Floor: 8,739 sq. ft. (4.6 % increase) Restaurant/Kitchen: 2,194 sq. ft. (21.4 % increase) Note: Depending on seating arrangement this increase could add an additional 30 seats for year round seating. Second Floor Third Floor Area Caculations At.tual ''Fko< Affea'- ~*Bat<:04 Endosed Area fur FAR Caic Area' fof FAR Suite 1 Suite 2 SwteÂ· 3 Su,te 4 Suite 5 S u te 6 Suite 7 Suite S Suite 9 S;ublotal 1 50 (50 Calc. f sf 1 FAR Calculatbons Alto,v.ed FAR 2 989, Roof Garden 1.423 1.423 3.695 Let Area 11,957 0 Third Ficer -755 1,755 1,790 1,763 8 085 8,085 1,459 Floor Area Allowed 35.631.80 Second Roar 2:071 2,067 2,070 2,010 9.494 9,494 291 nt st Floor 2,C6 5 3.353 8,353 491 Exempt Baleeny Allowed 15% = 5,344..78 53 PalÂ»ng Lele| 10:259 0 <See Calc.) 0 58*on, 7091 5.936 Basement 10,375 0 0 BaltorÂ¥ Towards FAR 592 sf sub Basement 10,443 0 0 Total fif 1 58.432 5.935 Extinot Failing FA based or, Code 4,125 9 Patking FA based en Giate 1 920 e Parking Wall Tobvatdt, FAR 0 Sf Total FAR (Floor Atea + Bationvl 27.947 5f â‚¬ 35,631.80 sf .On . A 4>*.- iÂ·.4Â·Â·:fteÂ·:ii,s.': -r 1rgier,~- cy 1.178 11 / 41Â¢141; 4111 2127,1~/rh'| 111 ~ 11 451 nq I ARCHITECTS A 0_:21 sit i.1:_dLU. 522191, ! 1- ..... 00.0..,0.1.1, itiv.(*93,Milil :- e Board *. '14.04'T. â€ž..0.-'.., .-I 1490'ji"A. 11111 r.&11 r 111'11.111 111,11 - -Â· i -, , 4~, i,i, ii, il ii,i ii,- E2Meah. 1.000 0, It 1.893â€¢q R Cll--11 - 11- 1 1 '1,1, 7.14 1 â€ž 11' 1 647.q. 1--- 1-1 1 ,1,114 1 1.1 lip:-Â·L '' - OBAIâ€¢on =..21'*t=.t m Stora/: 51, I m i4i'22'NK'Mt,#17 C '11011,1 lilli, 2 CIrcu~'Wouler: 2,167,4 n . 111111 -1 lit 1- 1 =Ii'//2-â€ž6.C.tj.L-*......1 ~ Cl=Atkn: 1.558'q n -:btal: 10.375 . 11 10250 80 11 1,111 4 11 - 1. ' 1 ' ' 10.Â«oâ€¢q R -W.- - -1-111 ..d ,~ f, 7-1 9~3 111,111 I lili #1 ~ '1'-,9 - .F 1 1490 --".1'-"-1 =.11.-1-2 -1-1 11 1 111:11 Sub-Basement Basement Parking level 1 [X] eurrE 1: 2.00â€žq n =6 2...0 DANCING BEAR LODGE To~,1 RA: 8.353 < I , X ...~-64L-E-k /:/1 'Lj-i-=--m=--= nililimillilln 1,752â€¢q'I r .=24 .1.qlt 1.777 F U 1.752 <11 <11&,r:=tr fr-7-Fc-Â·c:7.9 p surrED: 1.767 / 11 - 1 1 =*=b*Mi#.t::.:Id Crcuuon: 0800,1 ft T lilli ~=54.-52'2Â» TItURA: 0,4948911 ..1 FA: 8,(20. I Loadjng: 677 uq n I Paoo: .03 . r. Balcomy: 1443 4 n DATE 58UE 100,12001 Ooms,1-1 00â€¢lon First Floor Second Roor Third Floor 00,1.2,/ Plog-â€¢ COM= 00.0~Li,10-lonl~-v- #./. paze- A- Ciky*tow 1 1 1 004220~ P~lfr-Â¥.Id,2,0 3,1 W.= clrycourdl 11 i 1 1 ~ Adul Â·*or Ar-Â· ..1,Â»rly I . - L. -1 ,1,#Ihill};f rE CE Bldo 834Â· 1.4234 It ' 10'012003 -VT'WO endo-d Ar- ~ lor FAR Ble. Aria- Ir M 11,01Â®03 Put'PUD S- 1| Suitâ€¢ d Suitâ€¢ 3 5,4. 4~ult, SÂ·Sult, 1 =UR, 7~ St, b E Sult, 9 . // M | M .Ic. (â€¢f) MARC~kulatchi 01,/000, sol-...Plug./. 1 1 . Alowid FAR 2-91.- =/DI=11,1100)-= 3,1 mf*/M I I I 1,424 1,42; '1*93 Lot A- 11,057/ a.,0,2. ,!two-ionD,lopm-tolt 11 L 2..2 19~fi Q 11 E Third Wr 1 , I L 1,735 1,755l l,790 1,783 8,4 0.00, 11.99 .1.0, A- Allow.d 33,11.00 W.=0 MIn/00-In,lon*d Send Floor , 1071 2/17 2.7.I ..cio I 9.4 /.4- 2911 :Z~ ===f Mrâ€¢t ~leer ' Â· 6,34 0,353 401 5-pt hkeny 40-3 1546 - 5,144.74 0 00,1 mooo cÂ«â€¢01,~Â»uor, 0â€¢t 2,0.1 10,25~ 0 (1- Câ€¢k) C~ *kil TIW 5.9. 10'112*le uwÂ®Nre M-,r,t A-*INE,1 PaM,1. vâ€¢! i , .6-1-,t ~ 10,374 0 0 /*lcorlyÂ¥,--d,PAR Sol ,Â·f Sub MN- , 01 i : I I 58,43% 27,353 5,236 B-pt P./ap MA b..d.. Cad. 4,125 / 4018,=c Â·~nowa.t Pe,1,~, â€¢A b-,4 0â€¢, Cr,A 1,920 / 07,12'1~007 F.Colwhlot,r I~~Il Wall low-d' Ill 0. f , i i: ' i i!21111111 -'- I Â¥0Â¢,1 'A' (/0- Ar- 6 -Ic~v) 17,*47 I < 38.431.80 ' Roof Garden (9'"/0'rr NOR-14 ELEVATION CART ELEVAT,ON SOUTH EUEVATION VEST ELEVATION illi/........0 FAR CALCULATIONS 11 111 Iii 11 - . .111~.-1.1 .1.1.1 1.-t -1./...miliwilt- SHEET TrTLE TOTAL 1.020 09 ft EXPOSED TS DAYLJOFT 13 eq ft EXPOSED TU DAYUGHT 171sqlt TOTAL 900 oq R TOTAL BBC.q rt TOTAL 822 19 9 EXPOmED 10 0*.AerT 472 W n COVERED 852 Nt 0(POSEDTO DAYLIONT A.qn COVERED 852 set COVERED) 53404 It COVERED 977 eq N 'lbtal n,11 Expo- 604 Iq t 694;738= .106 WAotil 3,735 M G G 003 1Â»184 Ft of P,rk~g Garage to.378 01 rt Floor Area Calc. Garage Level Tbtal PwkIN FA B-Ic or, Gr,d, 1.220 iq ft SHEET 4 OF DI Iâ€žtill 1 1 ... 1 1 It' '' .1 - ... 4--12-fL~ -' OVEIRALL BUILDING 38,818 60. FT. ,.:::bET2:ESb .:::1:LIPP#Vi-- 26:42:~ 2 (066% INCREASE) \. , 0 :.9 3 44 r~ Â·Â·v â‚¬ 1 Â· Ist FLOOR: 111/321 591'Lt i 8,139 SQ. FT. 12- 1 LI (46% INCREASE) -1-1-ki-+21.- 1 --- P //421/,-1- /4 , , /1,/ '' , //~ '2 - 1.0 /-1121-, -- c._ k - .~ ,~--/07| ---*<ED ./ ..1 Q ~ - *-1 99'-oÂ· - RESTAURANT: 1 3 92-4 0 + CROSS WATCHED) ArrET f t >6 .> /4:1./ I $ I'l' , ' I I . I : I I. I .... I ./ / 1 ./ / / I - I / / 1 2,34 61 FT. <<r'.3 3 <.1(]lf>ig (SHOWN NATCNED (21.4% INCREASE) - n--'Ad â‚¬Zft-- 32 -4- , x DANCING: BEAR - PARKSIDE , 1-- 2 L '11 1 - n,1-,-4 <ITCNEN / = RESTAURANT PROPOSED ;11 7 1,31// 13:42~ Loilit-3-2-7,>-~ ..< 4, 2#69:Keril-17,//,11 '1~,/,<LE 55-- --4 --(F.7) EXPANDED - % 'FEAR ROUND ,*3.17 .... N .N,k.ili'',1Â»9Â«Â«33.,1*1 - . ...9 .1/1,-/''f,/,/,/ 'f'.'',~ / 1-39!f~FIE+09Â»90~4 1-1*@- --m,49Â«- - ----- SEATING -I iN**i"Kid#imm I g - 11 ...111! LATOUT ailip./.....d1 M ~ ' ' INTEXOR tle , mt 1 EXTERIOR (0~ SCALE: 3/16" = 1'-0" U 1 1 1 FM / 1 1 1 0 9 E RE- 100'-611 - .. + - --1 SOUTH I ./,4 ...51 4:7' 41\41Â»Â»Â»4\*47Â» 0 h N% -)-\~ % M , 9 FIP M 1- 9- ? 8 aamrral-U *Â® 2 3*42>\ 1 z 1 --1 Y 1 1 Â®- 0 UU-= \/ 8 : 2 '=1-1 ~ 4~ ~ : Â®- Ill [1-1 1 i *>-.1\\ /1 / 14 4 A +49:" A â€¢c ~111 I mÂ«Â«* 3 -'.-.....-'I '' 1 ./ Ll_ \ i Â®-11:.1 ~@ i \ -114-1 - = 1 M 2,0 -~r ? -I : E Ul \ 11 el flÂ·, f Â®-mall* Â®-1/ 11 Il,Hhi@ 2 11 , * lt:t~%Efltliw J *~*ases#*Â§48$$~ME c Â©I==L ZE--0 m .C -*.0 1 *El -0 1 13{31 : 1 * -=EZ-4 : 1/ 1 8 + 0 OIlc 0 1 8 IC ~- 53 -'"3 4 1 4 - it 1 041*1 \ U 4-1- ...11 r= PYXil~ 00 ~4 *1 0*_i \| /1~2'6[~fe * _ _-- 4-- ~-?E'= ~lf~-3~ ' | ~ | ~|bi. -1 ~~Int,1,%9999*04.1: 1 497 '60.-' --J 3 U \ 111 01 000000000 - A ~Â°3 rE 9* - ls-- 43> ]114Â»3 , u ~A**toff) 70 1 a-U::2 e ,,08 7mf: REVISIONS ~ DANCING BEAR - PARKSIDE .TE 10EIRI'Inll APMe,Im . ASPEN, COLORADO 0~Comparly I TU 04-08-08 1/4.-1.-0 DRAVil.ION: - r00 FOOD SERVICE - MAIN KirCHEN EQUIPMENT PLAN AND ELEVATIONS 14Â¥-Id lN]Mdin03 N3H011>1 NIÂ¥01 0000.: 19 o.ist- 9 9. 34, i 43- ~99Â» i OFFICE RECEIVING & TRASH ~ 5% S STAGING AREA ~ LANDING -17--17.--1. 4 -13 1 112.U-,1 4 STREETLEVEL CHECK-IN COARIDDA 19~~ ~~~- e O 8 8) e .. 0 4 lou. /h ELEVATON - COOK UNE 8 ELEVATION - CHEF'S COUNTER 6% 49 F9 ~/4~-1'-0 - 1-1 WOMEN CJARD -vahz> P c ELEV 2 -- I $ GUAAD - ENTRYT - Aeoi,E LOBBY 8 .9.9 6 ioey. i r=%81 1 "==a=~n ,-731 11 â€¢M ...... 93 r=LI iw itri 7 Â© ELEVATI ON - CHETS COUNTER (PlCK-UP SIDE " \LI 000 3 ./ 9-8-IME ELEV., 11 SMOKE 1- 11 GUARD .1-'.---J=?, I i 4 * Ulâ€¢â€¢~,4111# ~ ~V r::87~Â·1 1 1 ....leT- 11 illl ill ..1 RUJg*I] co *4.- -- M,kllw=alll-.1=*= N=21 ge=,1 1 el3Â»--j,HHi. 14 - 1-.' *At 7907 k Â¥ 1 -i=Ir,~rmMI45"I-mFV -AM -+ 7 -~~~~ 41 8 11- 8 31 f'm 1- .,Fl-28 eD-21 - - 11 ~ ELEVAnON - SOILED DISHTABLE / BEVERAGE COUNTER 1-4*N If 011 1 - yEFUi '. 11 11 STAIR 1, - Â·Â·Â®EF-Â£/c. 1 Ch â‚¬3 Le-=12-11 0 on UP ,luti-~ 847 6 393\ - /9 -1 11~---EL+22--=10 IEJ 1 + tim :'BM.O000 1..*1-6 1 1,1.---0/ 7=81 /5\ ELEVATION - Ct.EAN DISHTABLE ~ ELNATION - UNDERBAR EQUIPMENT (FRONm : Il / E /4 2 31. -0 ----- -[1___~ jf~k ~11 a. --3 9 .il 2*wide &<431.1 -4 43 4 9= W 4 ~n,rvw Ch ELEVATION - BACK BAR MAIN KITCHEN EQUIPMENT PLAN -*Il 45' FS3.0A SNOILIA3@ . 11Â« *tt 00Â¥~0100 'N]d N]HOL>1 NIVM r 17 -11 SNOUY,U13 ONÂ¥ NÂ¥ld .LN3MdlnÂ¢3