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Home My WebLink AboutLand Use Case.411 S Monarch St.0079.2007.ASLU.~~. _411 S MONARCH ST 0079.2007.ASLU PUDAMENDENT 273718219002 3Â»U/JJ 45 - \ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0079.2007.ASLU PARCEL ID NUMBER 2737-18-2-19-002 PROJECT ADDRESS 411 S. Monarch Street PLANNER Jason Lasser CASE DESCRIPTION PUD Amendment REPRESENTATIVE Eben Clark DATE OF FINAL ACTION 3/19/08 CLOSED BY Amy DeVault 8Â©tes- .R '*f-E#FÂ¥i:-ag~1,_dLit_.4 - .- 81Â· / 1-Jui DIe Edit Becord Navigate Pgrm Reports Format Iab Melp , 491 ri;i: 21 ,â‚¬: J. M*> W(lilti jump 1 2'0 0 9 â€¢' 41 22â€¢ B i.1 -., Valn Customfields Maidion Palcels Actions Fee SumrnarE Sub Eermits Ion=mons Routingibstoa Feei Pe,mit Type 29011~_ ~ Permit# ~2007, ASLU Address ,411 5 MONARCH 5T _ j Apt/Suile ["-- City ASPEN %1-#*W...-%%%%. .v----WV- state [do 3 Zip ,8161 E- -1 Pe,mit Infolmation M astm Permit i _j Routing Q ueue a:Iu07 Applied 1~28/2007 ' ] Ploiect! d Status ipendng Approved [ -" " ~ ~ _j Description |INSUBSTAN TIAL PU D AMENDMENT Issued 1--I ! Anal f 1 Submitted |EBEN CLARK 925Â·8700 Clock 3Lnning Days [~1 Explies Fi)332008 J Own. Â· Last Name ~DANCING BEAR LAND, lid -~ First Name ~ 201 N ML ISUITE 203 Phone (9701 925-8700 ASPEN CO 81611 9 Owne, 1.Applicant? Appicant Last Name ~DANCING BEAR LAND, LLC IJ ~ Fist Name ~ ~201 N ML 1 ISUITE 203 Phone l [9EF925 8>00 Cust # 127038 -J ASPEN CO 81611 Lender Last Name I j F.t N ame | Phone 1 Ente, the permit type code Aspergold(b] ~ 10 Record 11 of 14 APN Vint] xoqlool sdnoig qel E: RECEPTION#: 547698,03/24/2008 at I9:09:39 AM, 1 OF 6, R $31.00 Doc Code NOTICE Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For An Insubstantial Amendment to 411 South Monarch Street, Dancing Bear Timeshare Lodge Planned Unit Development (PUD), Lots P, Q, R, and S, Block 77, City and Townsite of Aspen, Pitkin County, Colorado Ordinance No. 29, Series of 2003 Parcel ID No. 2737-182-19-002 APPLICANT: Dancing Bear Land, LLC. REPRESENTATIVE: Eben P. Clark, Klein, Cote & Edwards, LLC SUBJECT OF AMENDMENT: Dancing Bear Timeshare Lodge Planned Unit Development (PUD), Lots P, Q, R, and S, Block 77, City and Townsite of Aspen, Pitkin County, Colorado, Ordinance No. 29, Series of 2003 SUMMARY: On behalf of Dancing Bear I.and. LLC, Eben Clark of Klein, Cote & Edwards, LLC has applied for an Insubstantial Amendment to the Timeshare Lodge Planned Unit Development, Ordinance No. 29, Series of 2003. The Applicant is requesting amending the PUD to allow for an overhead door to be installed to create a bear-proo f trash and utility enclosure. The proposed trash enclosure is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify the building. 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 is minor in nature and there is no net increase in area due to the reconfiguration of the existing layout. 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. Staff supports the addition of an overhead door to create a bear-proof trash enclosure to protect both the trash and bears. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the amendment as specified below. The approved amendment to the Dancing Bear Timeshare Lodge PUD, allows for the installation of a garage door to create an enclosed trash area as shown in Exhibit A. APPROVED BY: (lm WLL MAA W 'Ze Chris Bendon Date Community Development Director Attachments: Exhibit A - Site Plan, Plan. existing and revised Elevations Exhibit B - Review Criteria 2 tO .. OBRYAN PARTNERSHIP, INC. ARCHITECTS - ALA. 9 1 PLANNING,INTERIORS ARCHITECTURE, P. 0. Box 2773 620 Mal' Street, Suite 8 Frisco. CO 80443 Tel: 970.668.1133 Far 970.668.2316 2 Union Street, Sult. 202 Portland. ME 04101 Â®UL------ Tel: 207774~1133 Fax 207.775.2308 LLI U 0--Â«' 1 1 COMPACTOR ~ TRAS,-1 u 62 0Â£ TQ = LINEAR BOX STORAGE AREA = 65 ~;~ If TOTAL LINEAR DIMENSION = 22'-5 38 00 ~Q 11 11 r -1 E 6 WDU 1 \ Z i 1 \\-11 LE --- \-P --~ 8* 10'-01/4â€¢ , $% If 7 1 4 . %0 J Revisions: Q L in EL-I Â¥ 1 Date: .08 i ve Pmject No: 2300 00 1: . 4. . 1 I Drawn by: BDM 6 Checked by: M < ~ ) PLAN 0 ~99 ,/4-= 11-0 CCD 11.5 1/8/2008 \\FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS \CCD'S\CCD 115 LOADING DOCK BOX STORAGE DWG ~ COPYRIGHT LOADING DOCK BOX STORAGE tix BIBIT A.3 OS L D 4- k ALLEY 6 CONC RaMPTo 0'BRYAN I. be # I. I. %31"r GAGASE TRAP ~ ALLEY REFER TO 5'ASPHALTSâ„¢!P .EFER 0 ~ NOTE 4 PARTNERSHIP, INC. ARCHITECTS - Al.A IONOTE4 -1 L , 'IT ARCHITECTURE, ~'12Â« 1-.2.11,3/ff##f#Â«04/4/14Â»* fr,Â·il#"EAAÂ·Â· ~ ~ LCJ, Â·Jr A i PLANNING, INTERIORS 7.,7.9 *3, = _ )1 r. . - 1 Â»9- T--3 + + P. O. Box 2773 EI f--4 ----- 12 / 620 Main Street Suite 8 ..0, CO 80443 Tel: 970+668.1133 Fax: 970.668.2316 2 Union Street Sub 202 - STONE VEI#ER SITE WALL LU Portland, ME 041.01 Ljiffc:tux/Â«-31 '1' I *9*Er LU Tel: 207.774.1133 Fax: 107.775.2308 SIDEWALK PERCITY Of ASPEN 4 ,-0 CURe PER q~Â« ASPEN ,- 1/ 30; - LOADING DOCK +M l - 8*81 ARLTYP PER 1 0 i w 46 .LT- ENTRANCOEOBBÂ¥ - L.L. 15 / / 11 Z 18 ' O . /. I %2%1, I / --1- 4.*111 14/ ---- --_ - -4-*lu- - : D PRbbea?WhiECTURAL _./. i /*2.9, 1 + 0 22*3.*meâ€ž% &1Â¢2 // 1-. ..f 00 9 ' *. - - CANOPY ABOVE TO EXTEND TO , - 720.1 1. 9 / , PROPER!/ LINE 4,#Lt /5 . - 0=2.... L 1 00 - - 11.1,1 ENTRANCE/RESTAURANT LOUNGE ,#49*,fl:witt#22#2?##0##** ~ , r'- ' t 'r , / .......r;*74/,2/, gill 1/ , RELOCATED FIRE PLUG PEA CiVIL ~ \%4 . 00,2. '4 2,# 54 [Â¥]STING 'RE PLUG Revisions: 24Â£Ullfte f m-/""f\ -I , 1 111-----1, 1 1, u 11.- 11 - . - 1, 11 1.-1 mil 0 4 . , 0.4.- , 1 \\, \ ' . Â· ER,8'W?$#WAUE**gdoppING Date: 11.210-1 _ project No: 230000 NEW NEW ADA RAMP Â· REFER 10 NOTE 3 ' 7918 7919 111 Drawn by: BDM ' EXISTING TREE TY. . EAST DURANT STREET l *-4 Checked by: 1<14R . r-in SITE PLAN CCD 11.6 ACD 11.6 NOT TO SCALE 1/9/2008 \\FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS\CCD'S\CCD 116 LOADING DOCK LOCATION PLAN DWG Li*) ~ COPYRIGHT LOADING DOCK LOCATION PLAN v44 1 8 1-r A.4 3DCIO1 ZIVEIEI DNIONVa lS HDMVNOIN HlrIOS L Lt 1 19 19 OaVEO1O1 'N3dSV ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: -7 -7 331,70"01; 2~a;J 2~,~;Â£~ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~~ , 200- STATE OF COLORADO ) j SS. County of Pitkin ) 1 ,+Vll-â‚¬~ 3Â£-0 rE-Ul (name, please print) being or 04)resenting 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: 1/ 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 of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproo f 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 o f 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 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 ofan accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of 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. Signeke / The foregoin "Affidavit of Notice" was acknowledged before me this 3 1 day of Htl,rt~ 'logiby -,4,11â‚¬14 SCOZEI 1 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: O% 1 0 (28 l b 1 0 LIA n Al_a.t..u_ Notary Public H *t 8 i LAURA : a 11 1. MEYER :- #4 20 M ATTACHMENTS: COPY OF THE PUBLICATION My Commission Expires 08/10/2010 PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL LO-O CHAPTER ANDSECTION OFTHE Cn 20.312.030 - NONCOMORMING STRUCTURE WI**AS, L Road Alper, CO -0 adopted m Or--1 35, WHEREAS, aftmnw-gwllhihi l /'' ./.*In, Â· 10 0,0 Ls WHEREAS, ml Wil-d Im,Indn pe,mit ad*,nal #100, Mea on propor*/ *the n n ' . Infespla to, 000 -la;and. WHEREAS. pum-1 to Seclhon 26 re.18â€¢0 10, appfoid. approval Â¥A~ cor<10.0,10, A 0100 be bv City Councd afler revie-g and consi MIEREAS. d-g a ddy notced p ommer-d hal CAÂ¥ Co-1 approve amendmen to ze,0 (6Â·0): and. WHEREAS. the Alp,n 04 Councll -dards Fursuant to Chapter 26.310 and thal m Alper, A- Communily Plan; and. WHEREAS. me Asp- 04 Counc# h-h,**,arld -*e PUBLIC NOTICE Of DEVELOPM,5Â¥ APPROVAL Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested oroperty right pursuant to the Land Use Code of the City of Aspen and Title 24. Article 68. Colorado'hevised Statutes. penain ing to the following described properly:, Parcel ID 2737- 182-19-002, Legally described as Lots P, Q, R, and S, Block 77, Dancing Bear Timeshare Lodge Planned Unit Development (PUD), common ly known as 411 South Monarch. City and Town site of Aspen, Pitkin County. Colorado. The ap proval is to grant an insubstanhal amendment to the Dancing Bear Timeshare Lodge PUD, Ordi nance No. 29, Series of 2003. The request to allow tor an overhead door to be installed to create a bear-proof trash and utility enclosure was ap proved pursuant to an administrative variance granted March 31, 2008, and the changes are de Dicted in the land use application on file with the City of Aspen. For further information contact Jason Lasser at the City of Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado. (970) 429-2763. sity of Aspen 'ublished in the Aspen Times Weekly on March 30.2008.(1333430) DEVELOPMENT ORDER City of Aspen Community Development Department 1 his 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 (3) -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 the change is accomplished or 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 ofthis Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Propertv Owner's Name, Mailing Address and telephone number: Dancing Bear Land, LLC 411 South Monarch Street, Aspen. CO represented by Eben P. Clark, Clark, Klein, Cote & Edwards, LLCâ€ž 201 N. Mill St. Suite 203, Aspen CO 81611 - (970)925-8700 Legal Description and Street Address of Subject Property: 1.ots P, Q, R, and S, Block 77. Dancing Bear Timeshare Lodge Planned Unit Development (PUD), commonly known as 411 South Monarch Street, City and Townsite of Aspen, Pitkin County, Colorado Written Description of the Site Specific Plan and/or Attachment Describing Plan: An Insubstantial Amendment the Dancing Bear Timeshare Lodge Planned Unit Development (PUD), commonly known as 411 South Monarch Street, to allow for an overhead door to be installed to create a bear-proo f trash and utility enclosure. Land Use Approval Received and Dates: Administrative approval granted March 31,2008. Effective Date of Development Order: March 31,2008. (Same as date of publication of notice of approval.) Expiration Date of Development Order: March 31, 2011. (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.) 1*wd this 31 st day of March 2008, by the City of Aspen Community Development Director. CURAL-- Chris Bendon. AICP Community Development Director City of Aspen Page 1 of 1 92 3- 15 -700 111111111111111111111111111111'll Print Date: Pitkin County Transaction #: 7185 3/24/2008 9:09:44 Janice K. Vos Caudill Receipt #: 200801673 AM Clerk and Recorder Cashier Date: 3/24/2008 9:09:41 AM 530 East Main Street Aspen, CO 81611 (JHAAS) (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 03/24/2008 Source Code: Over the Counter Over the (ASPCIT) ASPEN CITY OF Q Code: Counter Total Fees $31.00 ATTN CITY CLERK Return Code: Over the Total Payments $31.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments $31.00 [ElEd CHECK 3640 1 Recorded Items BIUPG: 0/0 Reception: 547698 Date:3/24/2008 *111 eTOTICE) NOTICE 9:09:39 AM From: To: Recording @ $6 for 1pg and $5 for 2 or more pgs 6 $31.00 $1 Surcharge 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 3/24/2008 V ALLEY . 5. t Ell , I CONC RAMP TO O'BRYAN ./..6 â„¢AP I 4-27 9 ASP+1ALT STRIP Â· REFEB L ALLEYÂ· .EFER TO NOTE 4 PARTNERSHIP, INC. 1 IONOr24 ARCHITECTS. Al.A te),&5.%74 ARCHITECTURE PLANNING, INTERIORS , l.-6.pgvÂ»." 1 '/54 12 I Tet. 970.//8,1133 1 L-- "941?i~RED P. O. Bol 2773 ' Fax: 970,668.2316 620 Main S'reet Sulte 8 - Frilco, CO 80443 1, I 111111] 1/1-~ 2 Union Street SuleÂ» 202 r- Portland, ME 041 01 Tet 207.774.1 133 r Fax: 207.775.2308 Ey[140997 / ..0.-1 . fj/I -F T. or AnÂ¥.opard..corn ,-2 1 SIDEWALK PER lin' OF ASPEN Fie # -, / 1=r-1 i ./Ra PrIBUÂ¥15~45/El to U LOADING DOCK . 8/9 Â£041,TY. PER I 1 ENITRANCE~43.Â¥ DE 1 9 LI Z / a e -- 0 Â¢ iff a 1- I 7 // bweta59*ECTURAL _-L--47--- D 1, 0 t#553Â¤RK / CANOPÂ¥ ABOVE TO EXTEND TO PHOPURIYLINE 1 71'' / - - 11 4 21 \1.- ''1111 - 6. -- '16- -- #326.#:2. 11'#*0#54##4;#ff#. .. ENTRANCE/RESTAURANT LOUNGE [15' , : - - iP+954120*70Â·Â·,4 .1 - ~~~~~, t;: jâ‚¬/4'~~ .e EXISTING FIRE PLUG RELOCATED FIRE PLUG PER CIVIL , Uq. .' ft##p. 4;6 Â»,. 1 Revisions: 1 0 Â£22'W?VE]*ME'RWied,PPING --7 - - \ NEW NEW 7.1. 7919 ADA RAMp REFER TO NOTE 3 PmFNI: 230000 Drawn by BDM 1 1 1 - EXISTING TREE TY' 1 EAST DURANT STREET # Checked by: <Ne /73 SITE PLAN CCD 11.6 ~CD 11 A NOT TO SCALE 1/9/2008 \~FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS\CCD'S\CCD 116 LOADING DOCK LOCATION PLAN DWG Â© COPYRIGHT LOADING DOCK LOCATION PLAN %*AbÂ»Â»X 143 3DaO1 blÂ¥39 DNIONVa 'lS HDZIVNOM HlnOS L Lt 1 19 19 OC]Â¥210101 'N3dSV Â·1 U Il li Illill i : illill l l illilll Jil lilll / 1/ / 1/ 498441 Page: 1 of 11 06/08/2004 10:09A S- LVIA DAVIS PITKIN COUN-Y 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 subj ect 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(B), 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. i' 111-- 1111111-Ilill'lly'll'Ill 06/08/2004 10:09A 498441 Page: 2 of 11 :LWA CAVIS PI-KIt. COUNTY CO 2 56.00 D 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 Authorith 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 6 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) Overlays. Section 2: Pursuant to the procedures and standards set forth in Title 26 of 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: i mm um mul mil lim Ht 111 Im 11 06/08/2004 10:09A 498441 Page: 3 of 11 891LmE-EIBEBE=-2----------1.83L.----9_.33L-j 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 of the project 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 o f the PUD are approved and shall be printed on the Final Illustrative Plan: 11111111111111111111111111 lilli I li lli 06/08/2004 10:09A 498441 Page: 4 of 11 SILVIA DAViS FI-KII, COU.-Y CO R 56.00 D 0.00 1 - 1 -14 '1+11 1 1 1. 111 U "Ft.,V-1:'flq l,11Bfidli'I*0.-1~111~2111111~ 11 I'll'i~, IRI-+'ll ri. *I,M B:ii~ ' '~|~I 11~Eill -,'in ti~,$Iâ‚¬IK~111*nfeM LA-#11 'Ali#~41,k~~ Lli't sife ~li'i, ~Â£'Iil!, ' il' 9 Il,1 "' :~.iI :0, [1~'Ii' 6,000 Square Feet 51>Illui)'i'ONU kit'â€¢ iltfi'litelll,ig *Thit 111 1,16 1 1 141 1 No requirement 11.11 1 lili P '19 qii ,<LTI# One lodge or residential (27 lodge rooms and 4 j 441#11 *4 : *4 + i; L I Â»44'EN ~Il affordable housing) bedroom per 380 square '814:I~|lIT~'ti/-11+H4~11' 1~41'41~1--4 -1,1111 ['w' ~(t' " e *M#41 1 feet of lot area. I!,Â·",4,4,I ll,fl ,'4~I ''lltlki +1:11 kil~'W+I44|Il,i 'Ill, - I|Zi l,I ll' ll,!L 11111111.1 111-fitj"klitittiN,~ L'iolt,$7- i;4tti'~ "'G-,4"lli' 1.jtt -Ii'kti-441 2 'I~11+-42070 !' 60 feet HI I, Li,* -irltl ,*rk-~' *rjw'v ifkf~'IL'#6*Al W architectural wall shown on proposed plans li 1104/.0 ,i' 9* 111116|1 111'i 8 feet for main structure/ 0 feet for small ;7 1,|,im uiti Frontl~ a ~~, ~ ~i~t~,*j ~~ ~~t~i~~~i,i~-+i~~,,14111~-4~~~Â·1-~~~ilt. )'t'~-i 11'~iw~~ bit~~ F~~'ll~ 'i 5 feet formain structure/3 feet forarchitectural overhangs and columns, and 0 feet for stairs, -1 11 4 '11!lili lilli planter boxes, and walkway defining walls. ' kil~,nliiâ€žLife~p|i~i.*dip-'1'41111 . 1111,40-, '~.Idl?,i-,~Ii,i~i~ , i'JAD, r,~,1,9'i'' 1 foot *'*mr,@64Â£614 *71,111111 + 19*11111111111111 No Requirement 1-1,ixtt'll'JA' #t'i# ill I,LUT['111 ! 44#--1.1.11 :til, .+-1,4 46' 6" feet from existing grade to the top of the fourth floor elevator shaft, No Requirement I ~.lidt*4*Alit'b<~ljp "' 44' 4, 't <, 1'%' .2 -3' m i'11,11 L'111141'it 9 Percent Arvi*,w# I,d#4 ib' i i~)_4hriÂ·i.~T i~~'Y~,fi~4I Ih, Il ) i 35 square feet, plus loading area ~1*11 611,114111[ 1~,trk'dal,F-*' 44.3441 .li 11'F'R~ 24@:,f'll~Ell. 2.98:1 dhihi,hid'68~m:MbÂ·69,PJIUG#,k' I'~ii' I ,bll, 1,11'kli ri-AD~ I: I'l'Â· ' .67spaces per bedroom (21 spaces for 31 bedrooms) 5. The building permit application shall include the following: a. A copy of the final recorded Ordinance. r-n 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 o f any removed trees. e. A detailed ventilation plan of 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. 111111111 :111"111.1111111'1111111111111111 mill 1 498441 Page: 5 of 11 06/08/2004 10:09A S LV.A DAVIS PITKIN COL.4-Y CO R 56.00 D 0.00 h. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation ofthe 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 of abuilding permit: 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 o f 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 am and 7 pm 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 ili 1111'll -lill i lili 11111111'llili 1111 06/08/2004 10:09A 498441 Page: 6 of 11 S.LV-A DAVIS FI-KIN COLkl ' 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 o f 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 o f 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 1 111 11 11 111111'llili 111 498441 Page: 7 of 11 06/08/2004 10:09A 9:Lk:A [AL.S PITKI -OCRTY C) 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 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-proo f dumpster shall be located on-site meeting the standards o f 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. All landscaping 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 obtain a revocable encroachment license from the City Engineering Department prior to installation o f 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. 1 Pri -1 li 111 ilill l illi 498441 Page: 8 of 11 06/08/2004 10:09A :LFIA [..VIS FITKI . AN fY C j R 56.00 D 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 of 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 of 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. 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) o f the surface parking spaces that are accessed offthe alley as thirty (30) minute parking for use by guests for the purpose of checking in. 31. The Applicant shall provide priority to the occupant(s) of the affordable housing units, for the use o f four (4) of the on-site parking spaces. In the event that the occupant(s) ofthe 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. 06/08/2004 10:09A 498441 Page: 9 of 11 SILL.A C..VIS FITKI- CC-kTY CJ R 56.00 0 0.00 32. The Applicant shall pay the applicable fee in-lieu of school land dedication as determined 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 ofAspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 0-4\ 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 of the units. It is the intent of this 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. 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 11 li lli Ill lilli mil 111 lili 06/08/2004 10:09A 498441 Page: 10 of 11 S:L\,IA CAVIS FIrl<I Cla TY 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 of the remaining portions thereof. 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 o f the City o f Aspen on the 27th day of May, 2003. /104-u Helen Kalin KIandeiud, Avor r~. Attest: 111111111111111111 lili 111111111111111111111111111111111 498441 Page: 11 of 11 SILVIA DAVIS PITKIN COUNTY Co 06/08/2004 10:09A - R 56.00 D 0.00 Â«+~464<__ - Kathryn S. I~pli, City Clerk FINALLY, adopted, passed and approved by a vote of three to two (3-2), this 11th day of August , 2003. /> A -- /14*I-/.4601-j Helen I61iRâ€¢learf[EuN~Mayor Attest: Kathryn S. I~~p, City Clerk Approved as to form: ttj.k9 elle-u=Â»be John P. Wohester, City Attorney 498442 . 11- l illillillilli 111111111 lili 1111 06/08/2004 10:13A Page: 1 of 11 SILkIA CAVIS PITKIN COLNTÂ¥ - j R 56.00 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": â€¢ 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 of parking, 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, o The centered fourth floor gazebo structure of approximately 1,580 square feet to house - lilill 111111111111111111111 498442 Page: 2 of 11 06/08/2004 10:13A :LFIA CA,S FITKIN .OLATY -9 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-TRILP/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 ofthe Owners to the matters described herein, subject to the provisions of the Municipal Code of the City ofAspen (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 of the 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 ofthe Ordinance, the following dimensional requirements were approved by the City as part of the 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. 1111 1 11 lilli 11 111 lillill lili 06/08/2004 10:13A 498442 Page: 3 of 11 SILA IA C. & :s FI rKI jlh.TY 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 of the Code and the Ordinance. The City agrees to accept such Plat for recording in the o ffice 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 ofthe Dancing Bear Lodge. The units need not meet the minimum net livable square footage requirements of the Aspen/Pitkin County A ffordable 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 of the 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 lili-Ill 1111- Il lili 1111111111111 06/08/2004 10:13A 498442 Page: 4 of 11 SILVIA DAViS PITKIN COLATY CO R 36.00 D 0.00 or rental at any time o f any residential units in the Project, nor shall the APCHA be entitled to derive any economic benefit by virtue of its 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. Ifa 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 ofAspen Building Department, the following information shall be submitted as part ofthe building permit application: 1. A copy of the Ordinance; construction dust and noise mitigation plan; 2. A list ofall 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 of the 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 ......-- 1 illill 1 -Ii- Ill- -Ii- I li li IM ilill ill Ill Page: 5 of 11 49Â¤442 06/08/2004 10:13A SILVIA DAVIS FITKIN COLNT" CO R 56.00 D 0,00 required excavation of the site may be performed without damaging adjacent structures and/or streets. Ifthe 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 ofAspen 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 o f the Water Tap an(For Parks Impact fee is finalized, those fees shall be payable according to such agreement 3. Owners shall sign a shared sewer service line agreement with the ACSD. e. Utility Connections. Owners shall comply with ACSD rules and regulations; i f 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 summary conducted by a licensed electrician to determine ifthe 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. l illi I 11' Ill 11111111111111111 498442 Page: 6 of 11 06/08/2004 10:13A S.Lk.A CAVi S FI-KIN COLNT" CO R 56.00 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 ofthe 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-Way. 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. Altlandscaping 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 ofthe corner shall be maintained at Durant Avenue and Monarch Street. If Owners cannot provide a radius oftwenty-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 1111'11111111111111111 '111111 lili lilli 111 lilli lili 1111 Page: 7 of 11 06/08/2004 10:13A SILLIA DAVIS PITKI COUNTY CO R 56.00 D 0.00 4. Owners shall reconstruct- the-AlIeyarT-Ew-ay pan at the east end of the 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 10 1. Parking and PM 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 of 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 of the 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. . Page: 8 of 11 I| 06/08/2004 10: 13A SILVIA DAVIS PITKIN .OUNTY .0 R 56.00 D 0.00 o. Pools and Spas. All design, installation, and maintenance of the 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 of Aspen 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 of payment. 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. . 1 A lil I illililillil 1 11 498442 Page: 9 of 11 06/08/2004 10:13A S.LUA CAUS FI-Kit. i-OLATY LO R 33.00 0 0100 s. Sales Tax Revenue Audits. The City of Aspen 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 will likely 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 ofthe 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 of the 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 of the 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 . lilli lili -lilli .Ill.lilli-/.111111111111111111111 498442 Page: 10 of 11 06/08/2004 10:13A SILV A DAVIS PI-<IN COUNTY CO 7 56.00 0 0.00 bond has been provided by the Contractor, and (iii) as-builts provided (ifrequired). 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 ofthe 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%) of the 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 Copy 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. Â¥ g 1- 111 lil li lili 111 111111111111 11 06/08/2004 10 13A 498442 Page: 11 of 11 SILLIA CAVIS PIT:I CC.RTY .3 R 56.00 D 0.00 11. Severability. If any of the provisions ofthis Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, mumilmlcorporation A .2/ 1 r *LI- Â£*Â»g.-350Â« Kathryn Sjtocbkity Clerk Helen Klanderud, Mayor ~ APPROVED AS TO FORM: 041,00.ai=;. John-Worcester, City Attorney OWNERS: MSE ASPEN HOLDINGS, INC. By: M/*LL&0 -7 Mic]~ael S. EganÂ¢Pregi~ht STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thisl.Dday of Â©G 200._~ by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk. U af P/jet Witness my hand and official seal. ,/14.).>1...-....~1 b. . 4 My commission expires: L,10-40-2 Â»*4 i JACKIE 1 LOTHIAN ~l)tary Public ut.. STATE OF FLORIDA ) '4Â·OF COV )SS. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this 7 day of /~47 200*,by Michael S. Egan, as President of MSE Aspen Holdings, Inc. Witness my hand and official seal. -I, Mv commission expires: 419. 4,200h lik4J+44-- *PRW, MARYBETH HONE /g~Â£ Noinry Public - Stale of Florida Notiry Publ~ /LE ag Â· 3 My comm'Sion ExÂ»i; Aug 4,2008 c:\d 1~12r%1Mt*k&22MN;'g ear\D Bear Agreement .--29 V +-91 O'BRYAN PARTNERSHIP, INC. ARCHITECTS - KIA. 9 9 ~ PLANNING, INTERIORS ARCHITECTURE, P. 0. Box 2773 620 Main Street ..8 Frisco. CO 80443 Tel- 970.668.1133 Fax: 970.668.2316 nall i[-01-1 2 Union Stree' 5uite 202 Pordar,d, ME 041. I I | 1 ~ L - Tel: 207.774.1133 Fax: 207.775.2308 // 12 I LLI U ff--1 :1~I 1 0 1 I El TRASHI COMPACTOR 1 M = LINEAR BOX STORAGE AREA < LLI i i i , i Â· TOTAL LINEAR DIMENSION =22-53/8 00 11 0 5 11 11 1 1 \ 11 Z Qi N - \ --lu U Z 1 1 1 Z "r 10.01/4" 2 < 11-104--1/1 9 Revisions 0 4 U ' Lh f jk Date: 1,8.08Â· . ~ Project No: 2300.00 Diwi by: BDM ~ Chee~ced bf r-Ih PLAN 0 ~ 1/4. = 1'-0. CCD 11.5 1/8/2008 \\FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS\CCD'S\CCD 115 LOADING DOCK BOX STORAGE DWC BOX STORAGE ~ COPYRIGHT LOADING DOCK US HDZ]VNOW H 1 19 19 OaÂ¥80103 3dSV 6'-61/2" P ALLEY 5. I. 4* I CONC AAMPTO O'BRYAN ALLEYÂ·REFER TO NOTE 4 PARTNERSHIP, INC. 5 ASPHALT STA,p AEFEA TONOTE' ARCHITECTS -AIA 71 Fiqliff~~ lituel!*407/4-*>4<.0Â»3 1_ fA--*FFECh - - - C ARCHITECTURE, v_ -'.*fpr'b .3,4. 1--- - - *41 6---'T 6-Â¥ -- - PLANNING, INTERIORS p. 0. 60' 27. 1 )\ // C m [1-2 ) -1.- 1 -21> 7>1.3 47- + .0 Main 51,-L Suite 8 Frisco, CO 80443 F= 9706681316 Tel: 970.668.1133 & 0 P /1% / A p. - STONE VE*ER Sr E WALL Mland, ME 04101 2 Union lueâ‚¬~ Su!tn 202 L,d'v,///t/#//#t//,94 .. 5- SE Te*EK FOG Tel: 207.774.1133 ji ./ BUM~uMUNG Fax 207.775~2308 van' oparl'.com v,Ft }7~ .,7.1 S+DEWALK PEA CITYCFASPEN R CURB PER Clprb[ ASPEN LU / 1 '' -LOADING DOCK U 1 1/ --.dll . .. #)&7&Â£6; MLIP PEI 0 /1 1- ENTRANCE.t:66a~ C '3 ' . I fi-1. i 1 ~f,/ , ''/- 731=111 ;i /1 IL 4 "L. 1 i/ 9- , I Â¢ / 14 , / I I. .* ./ - - L- 5 .: Lf-~ -f~- 4 ' ~. /-- - GRbyMBWRYLECTuw, -~i<?- -Ti~ 8.4.'P~Ne* ~ -- ' pl' Â· CANIP' ABOVE TO EXTEND TO > - 2_ ~~ 1 ' ~.3 PROPERIY LINE - - 55*14% 21. 1 ~13 i :/ :11- .1/ ENTRANCE/RESTAURANT LOUNGE 1 - I g. 1,331/,1,011/11*/1.. /b rf ' RELOCATED ARE Pill PER CIL , DOSTING F# PLUG . Revisions: __i _ 3 1 1 ,+Wtum 1 -1- ct-zzz=zf----\=-ifHRAk/-~ gea'W?W8*Mi, 19#i,12Â°ppi~G ki bâ€¢ Date: 12101 Projed No: 2300.00 NEW NCW ADA AAMP - REFER TO NOTE 3 7919 Ill \ EXISTING TREE TYP ' Drawn bys BDM EAST DURANT STREET 1 4 Checked by: 10-IR g~> SITE PLAN CCD 11.6 ~CD 11,# NOT TO SCALE 1/9/2008 \\FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS\CCD'S\CCD 11.6 LOADING DOCK LOCATION PLAN DWG .-I ~ COPYRIGHT LOADING DOCK LOCATION PLAN EXHIEIT B 33ELLS HOHVNOIAI HlnOS 'l-S HDZIVNOIN HlnOS L Lk L [9 [9 00Â¥30101 'N3dSV Â¥39 DNIONVO O'BRYAN PARTNERSHIP, INC. ARCHITECT5 - A-IA 99 1 ARCHITECTURE. PLANNING, INTERIORS P 0. Sol 2773 620 Main St,eet, Suite 8 Frisco, CO 80443 Tel: 970.668.1133 Fax: 970.668.2316 2 Union Street~ Su. 202 Powlland, ME 04101 Tel: 207.774.1133 Fax: 207.775.2308 0 ME=-2 1,9 'll'Wchcor' ~ -ff 11///// TRAS-1 p Cor=ACTOR = LINEAR BOX 5-'ORAGE AREA TOTAL LINEAR DIMENS ON = 22'-5 3/8" I 1!;1 11 1 8 \ 11 \ 11. ~__11 ~ 101-01/4, If 4 1 Revisions: 11041/ e 2r. \/D8 67 PLAN ~CD 11.~ 1/4" - 1'-0 ICCD 11.5 LOADING DOCK 1/8/2008 \\FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS\CCD'S\CCD 115 LOADING DOCK BOX STORAGE DWG Â© copYIGHT ~ BOX STORAGE t L~ 18~OOVklO1O1'NlcISV 3DaO1 NÂ¥39 DNIONVa 'l H ZIVNOIN Hl OS L Lf D. Transitional Yards. Where two (2) lots which share a common side lot line are in different zone districts, the lot in the more intensive zone district shall observe the required yard setback dis- lance as established for the less intensive use zone district. E. Non-Aligned Lots. For any lot in the R-6 zone district in excess of nine thousand (9,000) square feet which is not aligned along the traditional Aspen Townsite lot lines, the building inspec- tor shall measure the side yards from the lwo (2) shortest sides of the lot which are opposite from each other and the front and rear yards from the two (2) longest sides of the lot which are opposite from each other. 26.575.045 Junk Yard and Service Yards. Junk yards (see definition, Section 25.104.100) shall be screened from the view of other lots, struc- tures, uses and rights-of-way. Service yards (See definition, Section 26.104.100) shall be fenced so as not to be visible from the street, and such fences shall be a minimum six (6) feet high from grade. All fences shall be of sound construction and shall have not more than ten (10) percent open area. al--f 26.575.050 Fences. Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter 26.410). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall, or similar object shall be erected or main- tained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall, or simi- lar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing pro- posed construction, material, location and height shall be presented to the building inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. (Ord. No. 55-2000, Â§ 16) 26.575.060 Utility/Trash/Recycle Service Areas. A. GeneraL The following provisions shall apply to all utility/trash service areas: 1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound construction and shall be no less than 90% opaque. City of Aspen Land Use Code. June, 2005 Part 500, Page 71 2. Whenever this Title shall require that an utility/trash/recycle service area be provided C abutting an alley, buildings may extend to the rear property line if otherwise allowed by this title provided that an open area is provided which shall be accessible to the alley, and which meets the dimensional requirements o f this section. 3. A minimum of twenty (20) linear feet of the utility/trash service area shall be reserved for box storage, utility transformers or equipment, building access, and trash and recy- cling facilities. For properties with 30 feet, or less, of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley access, no requirement shall apply. The required area shall have a minimum vertical clearance of 10 feet and a minimum depth of 10 feet at ground level. The required area shall not be used for re- quired parking or as vehicular access to a parking area. 4. The Planning and Zoning Commission may reduce tile required dimensions of this area by special review (see Chapter 26.430) and in accordance with the standards set forth below at Section 26.575.060(B). (Ord. No. 5-2005, Â§3) 26.575.070 Use square footage limitations. b 65 64 .0.,1 Within the Commercial Core (CC), Commercial (C-1), and Service/Commercial/Industrial (S/C/I) zone districts, all permitted and conditional commercial businesses shall be restricted to the follow- mg maximum net leasable commercial and office space: - A. 3,000 square feet The following and similar uses shall be limited to three thousand (3,000) square feet in net leasable commercial and office space: Antique shop; art supply; bakery; book- store; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; deco- rator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. B. 6,000 square feet The following and similar uses shall be limited to six thousand (6,000) square feet in net leasable commercial and office space: Drugstore (including pharmacy); equip- ment rental, storage and repair; shop craft industry; fabrication and repair and building materials; sporting goods store; variety shop; professional offices; and major appliance stores. C. 9,000 square feet The following and similar uses shall be limited to nine thousand (9,000) square feet in net leasable commercial and office space: Service station and restaurant. D. 12,000 square feet. The following and similar uses shall be limited to twelve thousand (12,000) square feet in net leasable commercial and office space: Vehicle sales; builder supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; print- City of Aspen Land Use Code. June, 2005 Part 500, Page 72 Chapter 12.08 WILDLIFE PROTECTION /3 6/ I Sections: 12.08.010 Definitions. 12.08.020 Wildlife resistant refuse containers or enclosures required. 12.08.030 Maintenance and operating ofwildlife resistant refuse containers and dumpster enclosures. 12.08.040 Residential refuse disposal. 12.08.050 Special event refuse disposal. 12.08.060 Feeding of wildlife. 12.08.070 Construction site refuse disposal. 12.08.080 Interference with Enforcement Officer. 12.08.090 Enforcement. 12.08.100 Penalty assessment. 12.08.010 Definitions. The definitions and terms used in this chapter are defined as follows: (1) Wildlite means any non-domestic mammal indigenous to the Roaring Fork Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat5 mountain lion, porcupine and fox. Dj WildlifeProof refuse container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism, which prevents access to the contents by wildlife. Wildlife proof refuse containers must be approved by a City of Aspen Designated official. 0) Wildlife resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of su fficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacle(s), shall not be attached to an historic structure, shall not be located in a public ~47 right-of-way, and shall be located adjacent to the alley where an alley borders the property. 12>C~,1.-0-0,9 'i:Â¥ir Wildlife resistant dumpster enclosures located in the Commercial Core (CC) and the Commercidit (C- 1) zoning districts are required to comply with Sections 26.710.140(D)(6) and 26.710.150(D)(6), as applicable. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit or Community Development review; however, plans for-the ~ 14 Dz.f dumpster are required to be reviewed and approved by a City Community Safety Officer m an - Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building permit. 04 Special event means an outdoor gathering such as a concert, conference or festival. (5) Enforcement 03?cer means any Aspen Police Officer, Community Safety Officer, Environmental Ranger or City of Aspen designated official. (6) Refuse container means any trash can, dumpster, or similar device used for the collection and storage of solid waste. (Ord. No. 13-1999, Â§ 1 (part): Ord. No. 30-1999, Â§ 1; Ord No. 27-2005 Â§1) 12.08.020 Wildlife resistant refuse containers or enclosures required. 5 I f the owner or occupant of premises in the city permits ashes, trash, or garbage to accumulate in violation of any provision of this chapter, the environmental health department or fire marshal may cause it to be removed and disposed of. In such case, the cost ofthe removal and disposal shall be charged against the premises and the owner or occupant in addition to any regular charge for such. Such cost may be collected by the city in any action at law, referred for collection by the city attorney, or assessed against the property. Ifthe owners of the premises fail to pay such assessment, it shall be certified by the director of finance to the county treasurer to be placed on the tax list for the current year and collected in the same manner as other taxes, together with a penalty added to defray administrative costs. The cost for removal and disposal may also be added to the monthly water service fee payable by the owner or occupant ofthe premises pursuant to Title 25 of the Municipal Code of the City of Aspen. If said cost is added to the monthly water service fee and remains unpaid, water service to the premises shall be disconnected pursuant to the provisions of Title 25. All the laws of the state for the assessment and collection of general taxes including the laws for the sale of property for taxes and the redemption thereof shall apply to and have full effect for the collection of all such assessments. (Ord. No. 7-1988, Â§ 1: Code 1971, Â§ 10-12) 12.04.120 Violations deemed unlawful. Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be unlawful and subject to the penalty provisions in section 1.04.080 of this Code. (Ord. No. 7-1988, Â§ 1: Code 1971, Â§ 10-13) 12.04.130 Exemptions from requirements of this chapter. The city council hereby authorizes the city manager to permit exceptions from the requirements of this chapter on application when its requirements will impose practical difficulties or unnecessary hardship. (Ord. No. 7-1988, Â§ 1: Code 1971, Â§ 10-14) 4 - A. Any refuse container, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either (1) an approved wildlife resistant refuse container or (2) a refuse container which is stored within a building, house, garage or approved wildlife resistant dumpster enclosure. B. The minimum standards required for wildlife proofing garbage are set forth in and are incorporated herein by reference in the City ofAspen's "Wildlife Protection Ordinance Guidelines," which shall be prepared and amended from time to time by the City's Environmental Ranger or other designated agent. The "Guidelines" shall be available for review and purchase at the City's Environmental Health Department. C. Any trash hauler who provides a refuse container to a city customer shall only provide wildlife resistant refuse containers, wildlife resistant dumpsters, or wildlife resistant poly- carts, which meet the Wildlife Protection Ordinance Guidelines. (Ord. No. 2-2001, Â§ 1) Editor's note-- Ord. No. 2-2001, Â§ 1, repealed former Â§ 12.08.020, pertaining to wildlife resistant refuse containers and enclosures and enacted a new Â§ 12.08.020 as herein set out. Former Â§ 12.08.020 was derived from Ord. No. 13-1999, Â§ 1. 12.08.030 Maintenance and operation of wildlife proof refuse containers and dumpster enclosures. A. Wildlife resistant refuse containers and dumpster enclosures must be kept closed and secure when refuse is not being deposited. B. Ifa container or enclosure is damaged, allowing access by wildlife, repairs must be made within 72 hours after written notification by a City of Aspen designated official. (Ord. No. 13-1999, Â§ 1 (part); Ord. No. 27-2005 Â§1) C. Providers are required to display their business name on all receptacles they provide within the city ofAspen. 12.08.040 Residential refuse disposal. A. All residential containers that receive refuse edible by wildlife must be secured inside the home or garage. Residents unable to keep their refuse container inside the home or garage shall store their refuse in a wildlife resistant refuse container or enclosure approved by a City Community Safety Officer or Environmental Ranger. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of-way only on the morning of pickup. After pickup the containers must be re- secured inside the home, garage or wildlife resistant enclosure by 6:00 p.m. (Ord. No. 13-1999, Â§ 1 (part)) 12.08.050 Special event refuse disposal. Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife resistant containers or enclosures or be removed to an appropriate disposal site. (Ord. No. 13-1999, Â§ 1 (part)) 12.08.060 Feeding of wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However, between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other device so that they are inaccessible to bears 6 < 1 and the area below the feeders must be kept free from the accumulation o f seed debris. (Ord. No. 13-1999, Â§ 1 (part)) 12.08.070 Construction site refuse disposal. All construction sites must have a designated container that receives refuse edible by wildlife. This container shall be either a wildlife resistant refuse container, or a container that is emptied at the end o f each workday and then securely stored inside a trailer or building. (Ord. No. 13-1999,Â§ 1 (part)) 12.08.080 Interference with Enforcement Officer. No person shall interfere with, molest, hinder or impede the Enforcement Officers in the discharge of their duties as herein prescribed or violate any of the provisions of this chapter. (Ord. No. 13-1999,Â§ 1 (part)) 12.08.090 Enforcement. A. Enforcement Officers may issue a warning notice or summons and complaint to any person in violation ofthis chapter. B. An Enforcement Officer shall have the right to inspect property concerning any wildlife concern or potential wildlife attractant. (Ord. No. 13-1999, Â§ 1 (part)) 12.08.100 Penalty assessment. Violation of any provision of this chapter by any person, firm or corporation shall be unlawful and subject to the penalty provisions in section 1.04.080 of this Code. Either the owner or occupant or both may be held responsible for a violation of any provision of this chapter. (Ord. No. 2-2001, Â§ 1) Editor's note-- Ord. No. 2-2001, Â§ 1, repealed former Â§ 12.08.100, pertaining to penalty assessment and enacted a new Â§ 12.08.100 as herein set out. Former Â§ 12.08.100 was derived from Ord. No. 13-1999, Â§ 1. 7 EXHIBIT B Insubstantial PUD Amendment Checklist 26.445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: 381 The proposed amendment does not change the use or character of the development. * The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. jA The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. XI The proposed amendment does not decrease the approved open space by greater than three (3) percent. The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. 3 The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. 8 The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. 1 The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. p The proposed amendment will not enact a change which is inconsistent with a condition or representation o f the project' s original approval or which requires granting a variation from the project' s approved use or dimensional requirements. ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: Dancing Bear Land,, T.T,C Location: 411 South Monarch St., lots P, Q, R and S, Block 77, City & Townsite Aspe (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) -2 -4- 7 7- 182 49002 REPRESENTATIVE: Name: Eben P. Clark Klein. Cote & Edwards, LEr Address: 20, K. Ull St , 3442 737/ A>FeN Phone #: 8' ~3 52 5- -9 +co PROJECT: Name: Dancing Bear Residences . Aspen Address: 411 South Monarch Street, Aspen, CO 81611 Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review ~ Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA El Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) Ed Historic Demolition GMQS Exemption CJ Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes D Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane C Lot Split U Temporary Use Â® Other: C Lot Line Adjustment U Text/Map Amendment Insubstantial PUD Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Dancing Bear Lodge - under construction pursuant to Final PHD Plan 4 Plat recorded June 6, 2004 in Plat Book 69, Page 80, Reception No. 498443 and Approval Ordinance No.29 Series of 2003 ami PUD SIA recorded at Reic. No. 498442 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Add overhead door to trash enclosure to prevent bear and other wild life from entering trash and recycling area. This modification will not change the aesthetics or size of the Project. Please sce attached ienderings. Have you attached the following? FEES DUE: $ 705 U Pre-Application Conference Summary ~ Attadhment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form U 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. mmmmum CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Dancing Bear Land, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Insubstantial Amendment to Approved Development Order (herdiftafteit 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 of recovering 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 $ 705 which is for 3 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 ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Dancing Bear Land,LLC '3 2 A.,I Co w L.x-LS1~ YS) a CAP. r.:0 L HOUP' i.1 a ll- c By: By..V~- Chris Bendon Community Development Director Date: i2-\ 2- 9 ) 2.uu'l- Bill To Mailing Address and Telephone Number: p. el 60-4 99\ '440> w , 00 Fia,2- 9 77 9 19. L E I E to 1/-. O'BRYAN PARTNERSHIP, INC. ARCHITECTS . AIA 9 ARCHITECTURE ' PLANINING, INTERIORS P. 0.80' 2773 620 Main St,eet, Sult,8 8 FrIHÂ». CO 80443 Tel: 970.668.ll33 1 1-4 1 Fu: 970.668-2/6 lilli 11 11 2 Union StÂ·eet, Sull... Portland. ME 04101 1 Ill------- Tel: 207.7741.3 . --- -2--1-9-Efd[ 11 --- Hifi) ~ 131#Wl Fax: 207.775.2308 -'-1 L - -,w.oparth./.m / Ul U O0 1 TRAS .4 COMPACTOR = LINEAR BOX STORAGE AREA < 5* TOTAL LINEAR DIMENSION = 22'-5 3/8" : Eg u 0,8 \ 11 Z I \ 11 \ __U _-4 B j t - 11 1010 1/4â€ž 2 n Li , 4 e C91 0 Revisions; Q " 106 -11 Date: 1.8.8 ~ Project No: 2300.00 Dr-n by: BDM 4 7 KAR /73 PLAN 4CD 11.* 1 /41' = 11 -0 CCD 11.5 1/8/2008 \\FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS\CCD'S\CCD 11.5 LOADING DOCK BOX STORAGE.DWG ~ COPYRIGHT LOADING DOCK BOX STORAGE EXH IB IT A LL9[8 4 flOS L Lt 4- ALLEY ,â‚¬ 5- k e.7 2 n I CON' R.WI TO O'BRYAN ALLEY 'EFEA TO 1*&. NOTE 4 PARTNERSHIP, INC. f f 5Â· ASPHALT STRIP REFER t 1/NOTEâ€¢ ARCHITECTS - A-1.A- , #94#1140Â»i)--1-4.. 99. -, [133 - t -2.0 h --- 7 ARCHITECTURE, l~~1/1 -'5>499~>9.''v>,4,1 ,-r ~- --* U ---- PLANNING. INTERIORS 11/ - 1> 3 13 1 4-- '*31**4#m.o P. O. Box 2773 I., .- 620 Main Str,~ Sum, 8 . F-, C. 80443 ' | r- Tel: 970.668,1133 ' / Fa* 970.668.2316 ' WN'11-110.1 ' 2 Union SeÂ·eet Sults 202 - STONE VEgeR SITE WALL LU 649* ' - Ponland, ME 0~101 .*Ut"14#14'fl,#fling /. 5Â· SET'./. FOR 34EPJMÂ®#NG LLJ Tel: 207.774,1133 & =.775.2308 Â£_il Â· f c ..1 CC vanâ€ž.oparch.corn ' ' 0-1 SIDEWALK PER ITTV OFASPEN It> / Icll , i/ CURB .Et ...EN H- 14 , , 12.-1 . ; ~ ~ ~ LOADING DOCK c 81*6; ARLTYP PER f / 151 '-14-1...1 -/ M o r ..:. ~~Â· ft , Â·~ ~1 -1 0 U ENTRANC.:dieÂ¥ ' ' 4 -113176 .4 * '' <-1 454 1 1-....i z 17 7 1 Wel -- ~-. 5 07#f i I , PRb#t40791Â¥v CTURAL ' I 5'9 ' - 133 , 5 62% IT O Eky*w) IC' - -- - - 1 13 // .-- <44.1 1 '11 CANOPY Ae/VE TO EXTEND TO 1/ ' , U. , I PROPERTY.]NE 11~ / , ENTRANCE/RESTAURANT LOUNGE M< <<Â£ \44 . - 3.-3 1/ 2 61 -19 RELOCATED ARE PLUG PER CIVIL , EXISTING FIRE PLUG Revisions: -- Lmytl>*0,Â«ipÂ¢'2>307$1;i li~2 1-~-I--7 222 ELI Z. 311- t]E r,1 4 11 _ jJ_y _= 3-4 ' A 0- 4 --1 - 02===23...1.-4 - -1- 4/,f.m//O - I . -- ENAPHNNFAAORENdÂ°~'p'NG 1 Date: n.2 :01 NEW ~4EW T <41 - Project No: 23002)0 7918 7919 ADA RAMP Â· REFEA TO NOTE 3 Drawn by: BDM :-1 7 EXIST.G TREE -P 1 Checked by: KWR i--ti EAST DURANT STREET e.-, 1 rih SITE PLAN CCD 11.6 &CD 1 1.6 NOT TO SCALE ~ COPYRIGHT LOADING DOCK 1/9/2008 \\FOUNDATION\PROJECT\PRJ\DANCING BEAR LODGE\SHEETS\CCD'S\CCD 11.6 LOADING DOCK LOCATION PLAN DWG LOCATION PLAN Ex}A \B rr h US HOZIVINOW HlnOS L D 1 19 19 OC]VNO1O3 'N3dSV MÂ¥39 DNIONVa THE CITY oF ASPEN Land Use Application Determination of Completeness Date: December 29,2007 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 0079.2007.ASLU. The planner assigned to this case is Jason Lasser. 3 Your Land Use Application is incomplete: 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. 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 satisfaction o f the City o f Aspen Planner reviewing the land use application. EL Your Land Use Application is complete: / lf 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. 53Rk You, r Â» l C 1 </Pla 'XV r VU~ hefinifer Phelaf,_~eputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc --Al ATTACHMENT 2-LANDUSEAPPLICATION APPLICANT: Name: Dancing Bear Land,, LLC 411 South Monarch St., Lots P, Q, R and S, Block 77, City & Townsite AspeR Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 + 3 7- (932 l i CÂ©2 REPRESENTATIVE: Name: Eben P. Clark Klein. Cote & Edwards, LLC 2Â£4 bl k 4 St .i <5..1-C_ 2 63-5 j 45pp V Address: Phone #: 9 7-0 9 7/ -9 4-rE) PROJECT: Name: Dancing Bear Residences . Aspen Address: 411 South Monarch Street, Aspen, CO 81611 Phone #: TYPE OF APPLICATION: (please check all that apply): G Conditional Use U Conceptual PUD E Conceptual Historic Devt C Special Review U Final PUD (& PUD Amendment) U Final Historic Development U Design Review Appeal U Conceptual SPA U Minor Historic Devt. 01 GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition U GMQS Exemption U Subdivision U Historic Designation ~1 ESA - 8040 Greenline, Stream g) Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use 91 Othdr: U Lot Line Adjustment U Texâ‚¬Map Amendment Insubstantial PUD Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Dancing Bear Lodge - under construction pursuant to Final PHD Pl an FT Pl at recorded June 6, 2004 in Plat Book 69, Page 80, Reception No. 498443 and Approval Ordinance No.29 Seiles of 2003 and PUD SIA recorded at Rec. No. 498442 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Add overhead door to trash enclosure to prevent bear and other wild li,fe from entering trash and recycling- area. This modification will not change the aesthetics nr size of the Project. Please sce attached rendelings. - 705 Have you attached the following? FEES DUE: :b E Pre-Application Conference Summary ~ Attadhment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form U 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. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Dancing Bear Land, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Insubstantial Amendment to Approved Development Order (herdifiaffef, 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 of recovering 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 $ 705 which is for 3 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 ofthe 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 acerued 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 Dancing Bear Land,LLC 39Aks /' D I LTf - VE> AN,oute b Dr>11.41,0â€¢444 By: Byr~D~, - Chris Bendon Community Development Director Date: t 1 ~ 2.-7, \ 2.-,c, r~- Bill To Mailing Address and Telephone Number: 9 0 <30 A 91\ t./9,2_ 410,92.5 lot,~%/ ATTACHMENT 2-LANDUSEAPPLICATION APPLICANT: Name: Dancing Bear Land, LLC Location: 411 South Monarch St., Lots P, Q, R and S, Block 77, City & Townsite Aspe (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 77- 3 + {82 1 loot REPRESENTATIVE: Name: Eben P. Clark Klein. Cote & Edwards, LLC Address: 20\ R, Wl,ll St. j Su,te 703 / A.BTA Phone #: 1 95 - 1 25<- 8 +C>o PROJECT: Name: Dancing Bear Residences . Aspen Address: 411 South Monarch Street, Aspen, CO 81611 Phone #: TYPE oF APPLICATION: (please check all that apply): M Conditional Use D Conceptual PUD U Conceptual Historic Devt. U Special Review U Final PUD (& PUD Amendment) ~1 Final Historic Development U Design Review Appeal U Conceptual SPA 2 Minor Historic Devt. U GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition D GMQS Exemption U Subdivision U Historic Designation U ESA-8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use Â® Other: U Lot Line Adjustment U Text/Map Amendment Insubstant-ial PUD Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Dancing Bear Lodge - under construction pursuant to Final PHD Plan 4 Plat recorded June 6, 2004 in Plat Book 69, Page 80, Reception No. 498443 and Approval Ordinance No.29 Series of 2003 and PUD SIA recorded at Rec. No. 498442 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Add overhead door to trash enclosure to prevent bear and other wjld 1 -hfe from entering trash and recycling area. This modification will not change the aesthetics nr size of the Project. Please sec attached rendeiings. -705 Have you attached the following? FEES DUE: m U Pre-Application Conference Summary ~ Attadhment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form El 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 writmn~ECEIVED text (Microsoft Word FormaO must be submitted as part ofthe application, nur 2 8 2007 CITY OF ASPEN COMMUNITY DEVELOPMENT 1,1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Dancing Bear Land, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an ar>plication for Insubstantial Amendment to Approved Development Order (herdihafteit 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 of recovering 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 $ 705 which is for 3 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 Dancing Bear Land,LLC 3146-1 C.Â·wLTS- 08 Cae.rAL- At ~,A,Ls By: By:r~-3- Chris Bendon Community Development Director Date: , 2- / 2-9/ / 2 : u 1- Bill To Mailing Address and Telephone Number: 2 0. 6:e .A 691 81&12- 990 9 2-9 Gy, 59 41 tl' Ji O'BRYAN 10 9.7 8 7.7 7 4 3.3 3 2 1.3 1 PARTNERSHIP, INC. f-I ARCHITECTS - A.I.A. SEE 1/A 201 FOR Y Yl Y2 TYPICAL NOTES A 30 A 303 A 304 41 ARCHITECTURE, PLANNING, INTERIORS T.O. ELEV. SHAFT < P. 0. Box 2773 Frisco, CO 80443 Tel: 970.668.1133 620 Main Street, Suite 8 / HOTTUB PROFILE 1 / ' TYP Fax: 970.668.2316 1 2 Union Street, Suite 202 ' i - - Portland, ME 04101 ROOFTOP EQUIP. MI (CHILLERS) RER&25RESW Tel: 207.774.1133 1!~ ~ .1 1 1111, 111 111 133'-4" i Fax: 207.775.2308 1 11Â¢111 ~1 lilli:'11.4 1 A-Â·Â·111"114 T.O. 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