The URL can be used to link to this page

Home My WebLink AboutLand Use Case.133 Prospector Rd.0041.2007.ASLU\ . 133 Prospector Rd. C-2103 Aspen Highlands Village - 273514213552 -j _ge 41.2007 Â· &~sk-Li ' . 1 Â»11 b CA d k' 2133 09 po ID-- Oto fib- i U 1 -/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0041.2007.ASLU PARCEL ID NUMBER }39 PROJECTS ADDRESS 49Â¥ PROSPECTOR RD era. ) O -3 PLANNER JESSICA GARROW CASE DESCRIPTION GMQS EXEMPTION, FINAL PUD REPRESENTATIVE HIGHLANDS VILLAGE DATE OF FINAL ACTION 11/02/07 CLOSED BY ANGELA SCOREY ON 1/13/10 1-731.---4-2 -1-30-02- 00 4 I Â· 9.007.*& Lul 'gam#.4-*#4*44 1*ti Â©Â¥+3st>Â·tg44::*> , *h' aa--j Dle Edit Record Navigate Fym Reports Format Iab Melp f 2Ump 1 2 4, 1 &11 0- Main Custom Fields Feel Actions Parcels Royting Status Fee Summart Routing History Attachments | Â·~ Permit Tppe E~ *spen Land Ui~ Permit # 0041.2007,ASLU ~ i Address 197 PROSPECTOR RD -_i Apt/Suite;C21 01 1 8 City ASPEN o State CO Zip 81611 .....J x Permit Information , ~ Master Permit ~ Routing Queue 'aslu07 Applied 08/14/2007 _] 1 Iz pfolect 1 Status Ipending Approved ! 3 Description GMQS EXEMPTION. FINAL PUD & PUD AMENDMENT Issued F __] Final Submitted DAVIS HORN-925-6587 Clock Running Days 0 Expires 08/08/2008 ] + Owner 1 Last Name N HIGHLANDS VILLAGE PUD ~ First Name 197 PROSPECTOR RD -- C2101 Phone ASPEN CO 81611 1 V Owner Is Applicant? i Applicant : Last Name ASPEN HIGH~ANDS VILL~GE | First Name 197 PROSPECTOR RD . , Â£2101 ~ Phone; Cust # 27867 'ASPEN CO 81611 Lender Last Name First Name Phone ' Enter the permit type code AspenGold[b] ~ @ Record: 1 of 1 0{0901 01% 4 405 an li~ el O 1 0.23 Wo . ot'16 1 l (A. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Hones Highlands Limited Partnership, Attention CFA: RM Region, 2800 Post Oak Blvd, Suite 4800, Houston, TX 77056 Property Owner's Name, Mailing Address and telephone number ~ Aspen Highlands Village PUD, Block D, Building 2, Unit C-2103, City and of Aspen, CO, 133 Prospector St, Parcel ID 273514213552 Legal Description and Street Address of Subject Property The applicant has received approval of a PUD Amendment and GMOS Review to convert a Condo Meeting Room Space to Commercial Space at 133 Prospector St. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, Planning and Zoning Commission Approval, Approval of GMOS Review and PUD Amendment. Land Use Approvaks) Received and Dates (Attach Final Ordinances or Resolutions) November 11, 2007 Effective Date of Development Order (Same as date of publication of notice of approval.) November 12,2010 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued t l lth day of November, 2007, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Street, Aspen Highlands PUD Unit C-2103.Â£: Parcel ID 2735-142-13-552, by PUD Amendment and GMQS Approval on October 2, 2007. The Applicant received approval of a PUD Amendment and a Growth Management Review to convert a Condo Meeting Room Space into Commercial Space. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. s/ City of Aspen Publish in The Aspen Times on November 11,2007 Section 18: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period ofthree (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Street, Aspen Highlands Unit C-2103, City of Aspen, by PUD Amendment and Growth Management Approval by the Aspen Planning and Zoning Commission. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Street, Aspen Highlands PUD Unit C-2103, Parcel ID 2735-142-13-552, by PUD Amendment and GMQS Approval on October 2, 2007. The Applicant received approval of a PUD Amendment and a Growth Management Review to convert a Condo Meeting Room Space into Commercial Space. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2780. s/ City of Aspen Publish in The Aspen Times on November 11,2007 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested propeny right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain ing to the following described property: 133 Pros pector Street, Aspen Highlands PUD Unit C-2103, , Parcel ID 2735-142-13-552, ty PUD Amendment and GMQS Approval on October 2,2007. The Ap plicant received approval of a PUD Amendment and a Growth Management Review to convert a Condo Meeting Room Spa:e into Commercial Space. For further information contact Jessica Garrow, at the City of Aspen Community Development Dept 130 S. Galena St, Aspen, Colorado (970; ~ 429-2780, s/ City of Aspen Published in the Aspen Times Weekly on Novem ber 11,2007.(846635) RESOLUTION NO. 25 F\Â«1'.4/Ec)b.,Ant. (SERIES 2007) (330 GY' 4Â¥<,Lk:Â¥ A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE TO COMMERCIAL SPACE; AND A CHANGE-IN-USE GROWTH MANAGEMENT REVIEW ASSOCIATED WITH THE OF CONVERSION CONDOMINIUM MEETING ROOM SPACE TO COMMERCIAL FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-142-13-552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to a condominium meeting space in Building 2 to commercial space; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval of the proposed conversion and associated land use requests; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department determined a Subdivision Amendment was not applicable because the change in use has no impact on the recorded plat; and, WHEREAS, during a duly noticed public hearing on October 2, 2007, the Planning and Zoning Commission continued the hearing to October 16, 2007; and, WHEREAS, during a duly noticed public hearing on October 16, 2007, the Planning and Zoning Commission approved Resolution No. 25 Series of 2007, by a seven to zero (7 - 0) vote, approving a Substantial PUD Amendment for the conversion of Condominium Meeting Room space to Commercial space at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of meeting room space to commercial space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related PUD Amendment request meet the applicable development standards and are consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution No. 25, Series 2007 Page 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment and a Growth Management Allotment for the conversion of 650 square feet of condominium meeting space to commercial space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103 City of Aspen, CO, Pitkin County, Colorado. Section 2: Growth Management Allocation The City of Aspen Planning and Zoning Commission hereby approves a Commercial Growth Management Allotment of 650 square feet for the conversion of Unit C-2103 from Condominium Meeting Room Space to Commercial Space. Section 3: Building Permit Application Should the Applicant decide to apply for a building permit related to this change-in-use, the Applicant shall submit a copy of this resolution in addition to all other items required by the Community Development Department at the time of submittal. Section 4: Dimensional Requirements The proposed development, as presented in the plans contained within the application dated August 13, 2007, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Construction Management At the time a building permit is submitted, a construction management plan, if required, shall be included with that submitted which meets the requirements of the Engineering and Building Departments in place at the time of Building Permit submittal. Section 6: Vested Rights The development approvals granted pursuant to this Planning and Zoning Commission Resolution shall be vested for a period of three (3) years from the date of issuance of the development order. Section 7: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Resolution No. 25, Series 2007 Page 2 - I Section 8: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of October, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Dylan Johns, Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Reso_1016 07.doc Resolution No. 25, Series 2007 Page 3 MEMORANDUM TO: Aspen Planning and Zoning Commission -?(691 1-,- O FROM: Jessica Garrow, Planner JMh THRU: Jennifer Phelan, Community Development Deputy Director LJY MEETING DATE: October 16,2007 (Continued from 10/2/07) RE: Aspen Highlands Village (133 Prospector Rd) - Substantial Planned Unit Development Amendment, GMQS Review- Resolution No. , Series 2007 - (Parcel 2735-142-13-552) APPLICANT /OWNER: STAFF RECOMMENDATION: Hines Highlands Limited Partnership Staff recommends the Planning and Zoning Commission approve, with conditions, the REPRESENTATIVE: PUD and Growth Management requests. Glenn Horn, of Davis Horn Inc. SUMMARY: LOCATION: The Applicant requests the Planning and ASPEN nIGHLANDS CONDO PH 2 Zoning Commission approve a PUD UNIT: C-2103, City ofAspen, CO, Amendment and a Growth Management commonly known as 133 Prospector Review for the change in use. Street; Building 2 in the Highlands PUD. CURRENT ZONING & USE 'u PUD including a mix of retail uses, free- market residential, and affordable housing. - PROPOSED LAND USE: .....re, .- i:- _ ' ...Â·-:.12 -.-4- .i' JELOOT" - Conversion of a condo meeting room I#,4 :,it space to a commercial space. Photo of change-in-use area Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo 10 16 07.doc Page 1 of 5 REQUEST OF COMMISSION: The Applicant requests a PUD Amendment and a Change-in-use Growth Management Review in order to convert some Condominium Meeting Room space to commercial space at the Highlands Village base. BACKGROUND: The applicant proposes converting a 650 square foot Condominium Meeting Room space to commercial space. The Meeting Room space is located in an existing mixed-use building adjacent to other commercial space. The area is located on the ground level of Building 2, Block D of the Aspen Highlands PUD (part o f the Village Core). PUD History: The Highlands PUD was approved in 1998 and was annexed into the City in 2000. Part of the original approval required an employee audit to determine i f the Applicant over or under mitigated for the employees generated by the development. The 2004 employee audit determined that the Applicant over- mitigated in the original approvals by 14.89 Full Time Equivalents (FTEs), leaving the Applicant with a credit of FTEs to be used for Hines projects in Pitkin County. To date, the credit has not been utilized. The original PUD approvals considered both retail/restaurant space and meeting room space as commercial space, but each was calculated at a different mitigation level. This application is required because the spaces were treated differently in the PUD and because the mitigation levels were different. Previous Land Use Application for this Space: In 2006, the Applicant requested the Planning and Zoning Commission grant a PUD Amendment and City Council grant a Subdivision Amendment to convert the Condo Meeting Room space in this application and an adjacent commercial space to one (1) free- market residential unit. Staff recommended against this request because residential space in this location did not meet the review criteria.1 As part of that discussion, the possibility of converting the Condo Meeting Room space to commercial space was discussed. Staff supported the idea at the time. However, no Growth Management Allotments were available at the time, so the Applicant went forward with their request to convert the space to Free-Market Residential. The Planning and Zoning Commission voted in favor of the PUD Amendment2, and City Council voted against the Subdivision Amendment, so the request did not receive the approval required.3 ' Staff recommended against the request because Staff found Commercial Space is the most appropriate use in the Village Core, the conversion did not meet the provisions of the Aspen Area Community Plan, and because placing residential space in this location was inconsistent with the original PUD approvals. 2 The Commission first voted to deny the project, reconsidered the project and then voted to approve it. 3 The previous Application required Subdivision review because of the creation of a multi-family dwelling unit in a mixed-use building, and because the proposal would have combined two (2) condominiumized units that were clearly delineated on the plat., resulting in a change to the recorded subdivision. Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo 10 16 07.doc Page 2 of 5 New Information since the October 2nd Continuance: The Applicant and Staff requested a continuance at the October 2nd meeting to clarify the approvals associated with the Condominium Meeting Room spaces based on questions raised by the public. Specifically, questions were raised regarding who can use the existing Meeting Room Spaces in the Village Core. Staff requested the Applicant provide information regarding representations made during the original approval process regarding who would be permitted to use the meeting room spaces. The Applicant has completed a review of the original record and submitted new information, attached as Exhibit D. The original record clearly stated that the Meeting Room Space in Building 2 (the space subject in this Application) was intended for the use of the Ritz (Tourist Accommodation) and its guests. Further, the record identifies the Meeting Room Space in Building 7 (known as the SkiCo building) as being available to the general public for use. Staff believes this review of the original record clearly shows that the subject space (in Building 2) was not intended for use by members of the public, but that other space in the PUD (in Building 7) was intended to be made available to members of the public. Staff is confident that this Application can go forward at this time and that the use of the Condo Meeting Room space in Building 7 is a separate matter. STAFF FINDINGS: The Commission is asked to approve a Change-In-Use to convert 650 sq. ft. of Condo Meeting Room Space to Commercial Space. Staff is supportive of this proposed change-in-use. The condominium space in question is attached to existing retail space. The space as it exists today is undivided, and "fronts" on the ski mountain. Staff is supportive of retail in this space, as it will help increase the vitality along the pedestrian walkway and next to the ski mountain and will increase the area's attractiveness to new businesses. The use of retail in this location is consistent with the original PUD approval, and is consistent with the AACP. Staff recommends in favor of this request. The Applicant applied for a Subdivision Amendment as part of this request. After examining the Application, Staff has determined that a Subdivision Review is not required because the change-in-use has no effect on the recorded plat. PUD AMENDMENT: Staff finds that the project meets all requirements in the PUD Review Criteria. It is consistent with the nature of the PUD and will help increase the vitality to the area. The conversion represents a minimal impact on infrastructure, parking, and traffic, and already includes the infrastructure hookups required to be a functional commercial space. Further, the proposal is consistent with the Aspen Area Community Plan (AACP).4 4 See Exhibit A for Staffs response to all the review criteria. Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doe Page 3 of 5 GMQS CHANGE-IN-USE: Staff finds that the proposal meets all requirements of the Growth Management Review Criteria. The conversion does not generate an Affordable Housing mitigation requirement. When the original PUD was approved, it called for a mix of restaurant and retail spaces in addition to condo meeting room space. At the time, affordable housing was provided to mitigate the employees generated by the different uses. Mitigation equal to 2.1 FTEs was provided for the 3,000 square feet of meeting room space in the subject building. Despite 3,000 sq. ft. being approved, the Applicant only built 650 sq. ft. Therefore, the 2.1 FTEs actually mitigated the 650 sq. ft. space, rather than the 3,000 sq. ft. approved. The current code states that every 1,000 sq. ft. of net leasable area generates 4.1 FTEs; therefore, the conversion to Commercial space generates 2.66 FTEs (650 sq. ft. * (4.1/1000) = 2.66). At a 60% mitigation rate (as required under the code), the conversion generates a mitigation requirement of 1.59 FTEs (2.66 * 60% = 1.59). As indicated above, the Applicant mitigated for 2.1 FTEs in the past, so the Application does not generate a mitigation requirement (1.59 - 2.1 = -.51). The Applicant has asked that a credit of the over-mitigated Full Time Equivalents (FTEs) be added to their existing credit, as was approved in the 2004 employee audit. The issue of adding to the existing credit has been brought before the Housing Board, who recommended against it. Staff also recommends against adding to the existing credit.5 An initial audit was performed for the PUD, and the PUD does not call for an additional audit to be conducted. Any new credit would need to be approved and accepted by the Housing Board.6 RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria for a PUD Amendment, Subdivision Amendment, and Growth Management Review. The proposal is consistent with the goals of the AACP by providing additional commercial space in an appropriate location, located near temporary and full-time residents, and located near transit. Staff recommends approval of the request. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. , Series of 2007, approving a Substantial PUD Amendment and a Change-in-Use Growth Management Review for the conversion of 5 The calculations performed by the Applicant differ from those of Staff. Staff finds an over-mitigation of .51 FTEs and the Applicant finds an over-mitigation of .81 FTEs. Staff used the calculation in place in today's code, as there was no indication in the PUD that the previous mitigation method originally used in the PUD was "locked in" (the Applicant used the old code in place at the time of the original Highlands Approval). This is a moot point, however, as the Housing Board and Staff recommend against any additional FTE credit for the PUD. 6 See Exhibit B for Staff's full response to these criteria. See Exhibit C for the Housing Board's recommendation. Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doc Page 4 of 5 Condominium Meeting Space in Building 2 to commercial space at 133 Prospector Road." ATTACHMENTS: A - PUD Amendment Review Criteria. B - Growth Management Review Criteria. C - Housing Board Recommendation. D - Application Addendum. Revised 10/10/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 16 07.doc Page 5 of 5 RESOLUTION NO. (SERIES 2007) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE TO COMMERCIAL SPACE; AND A CHANGE-IN-USE GROWTH MANAGEMENT REVIEW ASSOCIATED WITH THE OF CONVERSION CONDOMINIUM MEETING ROOM SPACE TO COMMERCIAL FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-142-13-552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to a condominium meeting space in Building 2 to commercial space; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval of the proposed conversion and associated land use requests; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department determined a Subdivision Amendment was not applicable because the change in use has no impact on the recorded plat; and, WHEREAS, during a duly noticed public hearing on October 2,2007, the Planning and Zoning Commission continued the hearing to October 16,2007; and, WHEREAS, during a duly noticed public hearing on October 16, 2007, the Planning and Zoning Commission approved Resolution No. Series of 2007, by a to vote, approving a Substantial PUD Amendment for the conversion of Condominium Meeting Room space to Commercial space at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of meeting room space to commercial space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related PUD Amendment request meet the applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution No. , Series 2007 Page 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment and a Growth Management Allotment for the conversion of 650 square feet of condominium meeting space to commercial space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103 City of Aspen, CO, Pitkin County, Colorado. Section 2: Growth Management Allocation The City of Aspen Planning and Zoning Commission hereby approves a Commercial Growth Management Allotment of 650 square feet for the conversion of Unit C-2103 from Condominium Meeting Room Space to Commercial Space. Section 3: Building Permit Application Should the Applicant decide to apply for a building permit related to this change-in-use, the Applicant shall submit a copy of this resolution in addition to all other items required by the Community Development Department at the time of submittal. Section 4: Dimensional Requirements The proposed development, as presented in the plans contained within the application dated August 13, 2007, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Construction Management , 4 rec iYed I At the time a building permit is submitted, a construction management plaiftshall be included with that submitted which meets the requirements of the Engineering and Building Departments in place at the time of Building Permit submittal. Section 6: Vested Rights The development approvals granted pursuant to this Planning and Zoning Commission Resolution shall be vested for a period of three (3) years from the date of issuance of the development order. Section 7: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Resolution No. , Series 2007 Page 2 Section 8: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of October, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Dylan Johns, Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Reso_1016 07.doc Resolution No. , Series 2007 Page 3 Exhibit A EXHIBIT A - PUD OTHER AMENDMENT An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Pursuant to Land Use Code section 26.445.100, a "PUD Other Amendment" must be compatible with current community circumstances. In evaluating the compatibility with the community, there are no set review standards, but proposed amendment can be evaluated based on the PUD review standards outlined in Land Use Code section 26.445.050, including: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. The change-in-use from condo meeting rooms to commercial is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. ft. of meeting room space to 650 sq. ft. of commercial space. The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center near extensive transit service. This meets many of the goals in the Transportation section o f the Aspen Area Community Plan Staff finds this criterion is met for the change-in-use. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The change from Condo Meeting Rooms to commercial uses is consistent with the character of the land uses in the area. The conversion will help make the existing Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 1 of 7 Exhibit A Highlands commercial spaces more functional, while retaining a large amount of Condo Meeting Room space. Staff finds this criterion is met for the change-in-use. 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed change-in-use will not adversely affect future development in the surrounding area. It ensures existing spaces are made more functional, and retains some Condo meeting Room space for future use. Staff finds this criterion is met for the change-in-use. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with,Jinal PUD development plan review. The Applicant has requested a Change-in-Use Growth Management Allotment at part of this application (See Exhibit B). Should the Planning and Zoning Commission grant the request, Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed change-in-use would not drastically alter the existing dimensions, as the changes are internal and would not require new structures. Staff finds this criterion to be met. b. Natural or man-made hazards. No natural or man-made hazards will be altered. Staff finds this criterion to be met. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 2 of 7 Exhibit A c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. The existing natural characteristics will not be changed by the proposed change-in-use. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics Of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. There will not be significant impacts on noise, traffic, pedestrian circulation, or historical resources. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The change in use is an internal change and will not impact the amount of open space or site coverage. Staff finds this criterion is not applicable. 3. The appropriate number of off-street parking spaces shaN be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. There is available parking for this commercial space. Fifty-eight (58) spaces are allocated to the Village Core employees. Staff finds this criterion to be met. b. The varying time periods of use, whenever joint use of common parking is proposed. Joint parking is not proposed for this project. Staff finds this criterion is not applicable. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. RFTA provides transit service to the area. An auto disincentive program is in place for the PUD. Staff finds this criterion to be met. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 3 of 7 Exhibit A Aspen Highlands Village is an activity center in Aspen and is located approximately 4 miles from Aspen' s commercial core, with extensive transit access. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. The utilities in place can adequately serve the proposed changes to the PUD. Staff finds this criterion to be met. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. There are adequate roads in the PUD. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: The proposed changes are not located near any natural hazards or critical natural site features. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: The change-in-use will not change the density in the PUD. Staff finds this criterion to not be applicable. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: The change-in-use will not impact the site design, as it is occurring within an existing building. Staff finds the Site Design criteria to not be applicable for the change-in-use request. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 4 of 7 Exhibit A D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding pal'cels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: The change-in-use will not impact the landscaping plan, as it will occur within an existing structure. Staff finds the landscaping criteria to not be applicable for the change- in-use request. E. Architectural Character. 1. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed changes will not impact the architectural character of the existing PUD as no new structures are proposed. Staff finds this criterion is not applicable. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The proposed changes will not impact the lighting of the existing PUD as the lighting plan has been approved and implemented. Staff finds this criterion is not applicable. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: The change-in-use does not include any open space or recreation areas, it is occurring within an existing building. Staff finds the Common Park, Open Space, or Recreation Area criteria to not be applicable for the change-in-use request. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A PUD Other Amendment.doc Page 5 of 7 Exhibit A unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The proposed commercial unit will have access to the existing public infrastructure facilities. There is capacity to accommodate the change-in-use. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. There will be no adverse impacts on the existing public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. The proposed development will not require the PUD area to provide additional improvements, utilities, or facilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trailfacilities and minimizes the use of security gates. The proposed access and circulation of the development shaH meet thefollowing criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. The proposed change-in-use will have access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. The change-in-use is for a relatively small amount of space, and will not have a significant impact on traffic patterns. There is extensive transit service to the area, and there are an adequate number of parking spaces to accommodate the change-in- use. Staff finds this criterion to be met for the change-in-use. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 6 of 7 Exhibit A 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trait easements and are proposed for appropriate improvements and maintenance. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The existing streets in the PUD are privately maintained and made available to the public. The proposed development will not alter the public access to these streets. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. The streets within the PUD are not gated and do not include any entryway expressions. The proposed development will not add any such expressions. There is a gate to the parking garage. Residents and employees have passes to gain access to the garage. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shaN be defined in the adopted final PUD development plan. The proposed change-in-use is to be completed upon application approval. There is no phasing proposed for this application. Staff finds this criterion to not be applicable. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 7 of 7 Exhibit B EXHIBIT B - GMOS CHANGE-IN-USE A change-in-use, of an existing property, structure, or portions of an existing structure, between the use categories identified in Section 26.470.020, (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which is intended to be reused, shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the change-in-use, pursuant to Section 26.470.030(D), Annual Development Allotments. The applicant proposes converting an existing 650 sq. ft. Condominium Meeting Room in Building 2 (Condo PH 2 Unit 2103) into commercial space. According to the Community Development Department' s list of available allotments, there are 15,985 sq. ft. of commercial growth management allotments available for the 2007 growth management year. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. The change-in-use from Condo Meeting Room space to Commercial space is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. ft. of meeting room space to 650 sq. ft. of commercial space. The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center near extensive transit service. This meets many of the goals in the Transportation section of the Aspen Area Community Plan. Staff finds this criterion is met for the change-in-use. c) Sixty (60) percent of the additional employees generated by the change, according Section 26.470.050.A, Employee Generation Rates, are mitigated through the provision of affordable housing or cash-in-lieu thereof. Any affordable housing units provided shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 1 of 3 Exhibit B When the original PUD was approved, it called for a mix of restaurant and retail spaces in addition to condo meeting room space. At the time, affordable housing was provided to mitigate the employees generated by the different uses. Mitigation equal to 2.1 FTEs was provided for the 3,000 square feet of meeting room space in the subject building. Despite 3,000 sq. ft. being approved, the Applicant only built 650 sq. ft. Therefore, the 2.1 FTEs actually mitigated the 650 sq. ft. space, rather than the 3,000 sq. ft. approved. The current code states that every 1,000 sq. ft. of net leasable area generates 4.1 FTEs; therefore, the conversion to Commercial space generates 2.66 FTEs (650 sq. ft. * (4.1/1000) = 2.66). At a 60% mitigation rate (as required under the code), the conversion generates a mitigation requirement of 1.59 FTEs (2.66 * 60% = 1.59). As indicated above, the Applicant mitigated for 2.1 FTEs in the past, so the Application does not generate a mitigation requirement (1.59 - 2.1 = -.51) Staff finds this criterion to be met. d) No more than one (1) free-market residential unit is created through the change- in-use. The change does not reduce the number or quality of affordable housing units on site or such change as been approved by the Aspen/Pitkin County Housing Authority. There are no Free-market Residential units created by this proposal. Staff finds this criterion to be met. e) Affordable housing net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to thirty (30) percent of the additional free-market residential net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. Additional net livable affordable housing space beyond this the Floor Area requirement may be developed below Natural or Finished Grade but shall not count towards this criterion. Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. There is no affordable housing proposed as part of this application. In the original PUD approval, the applicant over-mitigated by 14.89 FTEs. Because of this credit, which is "vested in perpetuity," the applicant is not required to provide new affordable housing for the change in use, but is required to use the credit to mitigate for the generation. No additional credit will be given for the fewer employees generated by the change-in-use. The Staff finds this criterion to be met. Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 2 of 3 Exhibit B D The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. The change-in-use will not represent a significant increase in the demand on pubic infrastructure. Staff finds the criterion is met. Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 3 of 3 Exhibit C MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, Housing DATE: September 26,2007 RE: ASPEN HIGHLANDS VILLAGE: SUBSTANTIAL PUD AMENDMENT, GMQS EXEMPTIONS FOR CHANGE IN USE ISSUE: The applicant is requesting a GMQS review to change the use of 650 square feet of meeting room to commercial space. BACKGROUND: According to Section 26.470.100A, Employee Generation Rates, 60% of the employees generated by additional commercial or lodge development need to be mitigated by the provision of employee housing, and is provided at a Category 4 rate. Based upon previous approvals for Aspen Highlands Village, the net leasable area is about 80% of the total leasable area; therefore, the applicant will need to provide mitigation for 520 square feet (650 square feet X 80%). Since the applicant proposes to utilize the space for commercial uses, the additional 520 square feet generates 2.13 employees. Section 26.470.100.A of the City Land Use Code indicates that the employee generation rate for commercial space in the SKI BASE zone district is 4.1 employees per 1,000 square feet of net leasable area. The applicant needs to mitigate at a 60% rate, therefore, the mitigation required for this change in use is 2.13 X 60% = 1.3. The applicant states that the applicant already provided housing for 2.1 FTE's when the PUD was developed; therefore, is asking for an additional credit of.8 FTE's. The applicant received approval from a former request in 2004, due to a housing audit, of a credit of 14.89. The Housing Authority Board approved this credit on May 5,2004. Due to the fact that there is a crisis for employee housing units, staff would recommend that no further credits be allowed. A further audit could be required, which should include the amount of employees generated by each free-market residence. This was NOT included in the original audit. Staff believes that if the free-market units were taken into consideration, Aspen Highlands Village would not receive a credit. RECOMMENDATION: The Housing Board reviewed the application at their regular meeting on September 19, 2007 and would recommend approval of the change in use and that mitigation has been satisfied, but would request denial of any additional credits thereby the credits remain at 14.89. Housing Board Referral Comments, Exhibit C G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\Housing Board Comments.doc Page 1 of 1 staff copy iNBR13Â¥230 9NIC11108 Davis Horn*- NEdSV PLANNING & REAL ESTATE CONSULTING October 9,2007 03/11305121 Jessica Garrow, Planner City o f Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Questions Regarding Intended Use of Condominium Meeting Room & Employee Generation Dear Jessica: Hines Highlands Limited Partnership (HHLP), applicant, is represented by Davis Horn Incorporated in a land use application to convert 650 square foot condominium meeting room space (condominium space C-2103) located in Building # 2 (Ritz Carlton Building) to commercial space. This item was originally scheduled for consideration by the City Planning and Zoning Commission on October 2,2007. The application was continued to the October 16,2007 meeting in order to respond to questions from Aspen Highlands Village (AHV) residents regarding the original plans for meeting rooms in AHV. The meeting room space located in Building #2 was offered to the operators of the short- term accommodations facility. The operators choose not to acquire the meeting room space because they did not want a meeting room in the facility. The space hairemainedL vacant and_used for storage. We clearly recall that AHV was designed to have two types of meeting room space. The meeting room space located in Building # 2 was intended to be oriented to and utilized-by guests staying in the tourist accommodations facility. The other meeting room space in AHV is located in Building # 7, the Skier Services Building, was designed to be used by the Aspen Skiing Company (ASC), but was to be available upon request, from time to time, for use by local groups such as the residents of AHV. --13 r-- u.1 005 As you know, the AHV Planned Unit Development (PUD) land use application was .,It ' Ill cl. Z 2 '.1...7...1 e -, t.1.1 considered at over 100 public meeting during five years from 1993 to 1998. We have r . /.A- .... f:.: 0 02(, thoroughly reviewed public records seeking to document our clear recollection of 0..c' 4-- .4. E representations which were made regarding meeting room space. Last week, you asked U> o that we find public meeting minutes which summarize the discussion of meeting rooms. (25 2 The meeting room issue was not a significant issue during the AHV PUD review process and our review of the minutes indicates that the meeting rooms were not specifically discussed. However, Condition # 2, of Board or County Commissioner's Resolution No. 97-167 which approved the AHV PUD Site Specific Development Plan includes a standard condition included iii most Pitkin County and City of Aspen land use approval documents which reads: ALICE DAVIS AICP $ GLENN HORN AICP 215 SOUTH MONARCHST.Â· SUITE 104Â·ASPEN, COLORADO 81611 Â·970/ 925-6587Â·FAX: 970/925-5180 adavis@rof.net ghorn@rof.net 1N3Vqlb "The applicant shall adhere to all material representations made in the application, supplemental materials and in public meetings." Most of our findings regarding this matter are based upon the applicant's public representations made during the land use review process. This letter presents our findings documented in chronological order. 1. Aspen Highlands Village General Submission: Consolidation of Documents and Materials, December 1995 (see Attachment 1) This Document was intended to summarize the outcome of the 2.5 year General Submission process. As reflected in all the AHV land use documents there was a differentiation made between Tourist Accommodation Accessory Commercial (TAAC) and Independent Commercial Space (IC). Virtually all of the TAAC spaces were planned to be located in Buildings # 2, #8 and #9 (see Attachment 2). Attachment 3 is a copy of Table 5, "Key to Building Uses as Viewed from South Side of Pedestrian Street." The Table identifies the uses proposed for each building by level. A "meeting room" is proposed for Building # 7 which is the Skier Services building. This building is comprised of IC, and Accessory Skier Services (ASS). The Table also shows a "Condominium Common Room" is proposed to be located in Building #2. This room was originally intended to serve the tourist accommodation units which were planned to be lodge condominiums. 2. July 10, 1997 letter from Glenn Horn to Lance Clarke AICP and Board of County Commissioners "Aspen Highlands Village Detailed Submission -- Additional Information for July 16, 1997 Public Meeting" (see Attachment 3) This letter was prepared in response to requests for additional information. At the bottom of page 1 the letter summarizes the four categories of commercial space proposed for AHV: Tourist Accommodations Accessory Commercial (TAAC), Independent (IC), Accessory Skier Services (ASS) & Ticket Sales and Meeting Rooms. Table 1 on page 2 of the letter aggregates commercial space to the preceding categories. Pages 3 and 4 of the letter describe the various commercial spaces. At the bottom of Page 3 Meeting Rooms are addressed as follows: "Approximately 4,000 square feet of space will be allocated for meeting rJE;T.l The independent meeting room will be located in building 7 and be comprised 0#1 no more than 1,800 square feet. It is anticipated that this space will be utilized ~ primarily by the Aspen Skiing Company. The space will also be available for / i. community functions. There will be 3,000 square feet of TAAC meeting room space divided between buildings 2 and 8. It is possible that all of the space will be located in one of the two buildings. This space will usually be utilized for gatherings which are accessory to the short term accommodations uses in buildings 2 and 8." All of the TAAC meeting room space was 1gcated in Building # 2 and the space was much smaller than anticipated. 3. Aspen Highlands Village 1996 Tourist Accommodations Growth Management Quota System Application, November 15, 1996 (see Attachment 4) One of the scoring categories in the 1996 Tourist Accommodations competition was "Maintain Design Quality, Historic Compatibility and Community Character." Page 21 of the application reads as follows: "Local Meeting Room -A 1,800 square foot meeting room is proposed to be located on the second floor of the skier services building. This meeting room nliz be reserved by local groups such as the Castle Maroon Caucus for public TneeTings" .-' This excerpt from the application is consistent with other representations made by the applicant which suggest that the meeting room in Building # 7 was intended for "independent"_use while the meeting room in Building # 2 was intended to be accessory to tourist accommodations uses. 4. Final Draft Aspen Highlands Village: Detailed Submission Consolidated Plan, September 1997 (Attachment 5) Pages 23-24 of the Detailed Submission Consolidated summarize the projected non- residential employee generation for AHV PUD. The non-residential employee generation is consistent with the categories of tourist accommodation and commercial spaces previously referenced in this letter. Table 11, "Aspen Highlands Village Detailed Submission Consolidated Plan: Tourist Accommodations Affordable Housing Exaction" shows the employee generation resulting from the development of a 3,000 square foot "Condominium Room." It was projected that 3,000 square feet of Condominium Meeting Room space would generated demand for 3.5 employees. The applicant was required to house 2.1 employees to mitigate for the approved space. Although the applicant 6iiIy-1 built 650 square feet of condominium meeting room space, mitigation was provided for ) 3,000 square feet of space. A footnote at the bottom of Table 11 reads: -~ "The condominium room will be used for a variety of functions. A total of 3.5 FTE's will be generated as approved by the BOCC." Table 12, "Aspen Highlands Village Detailed Submission Consolidated Plan: Independent Commercial Space and Accessory Skier Services Employee Generation" shows the employee generation resulting from the development of a 1,800 square foot "Meeting Room" proposed for Building # 7. A sentence at the top of Page 24 addresses this space and reads as follows: Y 1 "Independent commercial (IC) space may attract a limited non-skier clientele from outside the Village when the lifts are not operating. The IC space will be comprised of retail space such as a grocery. A meeting room will be available for residents and guests o f Aspen Highlands Village." SUMMARY This letter summarizes our research of the public record and representations made by the applicant regarding meeting room space proposed for AHV. The record is clear that the colidominium meeting room located in Building #2 was intended for use by visitors iii tourist accommodations units and the room was intended to be accessory to the tourist accommodations units. The meeting room located in Building # 7 was intended to be accessory to the skier services and to be available on a request basis for use by residents of AHV and residents of the community. Please contact me if I can provide any additional clarification. Thank you. Sincerely, DAVIS HORN INCORPORATED 7 "/1 j V GLEN HORN AICP List of Attachments 1. Aspen H ighlands Village General Submission: Consolidation of Documents and Materials, December 1995 2. Aspen Ilighlands Village: Village Core Site Plan 3. July 10, 1997 letter from Glenn Horn to Lance Clarke AICP and Board of County Commissioners "Aspen Highlands Village Detailed Submission -- Additional Information for July 16, 1997 Public Meeting" 4. Aspen Highlands Village 1996 Tourist Accommodations Growth Management Quota System Application, November 15, 1996 5. Final Draft Aspen Highlands Village: Detailed Submission Consolidated Plan, September 1997 Garrow.AHV Meeting Room 79/. 0/ 19<IMENT ASPEN HIGHLANDS VILLAGE GENERAL SUBMISSION: Consolidation of Documents and Materials Prepared for HINES INTERESTS LIMITED PARTNERSHIP 526 E. Main Aspen, Colorado Prepared by Davis Horn Incorporated 215 S. Monarch Avenue Aspen, CO 81611 December, 1995 DavisM$?gn Inc- PLANN|R( Â· UP#~IN . 0'881*O~G ~ ../ GLENN HORN, AICP 215 S. MONARCH, SUITE 104 Â· ASPEN, CO 81611 Â· 303/925-6587 ~ ATTACHMENT ~, TABLE 5 KEY TO BUILDING USES AS VIEWED FROM SOUTH SIDE OF PEDESTRIAN STREET* BUILDING # USE LEVEL 9 Affordable Housing At Grade & Above 7 Accessory Skier Services Public Office At Grade Meeting Room Accessory Skier Services Above 5 Independent Commercial At Grade Affordable Housing Above 3 Affordable Housing At Grade & Above * Buildings are viewed from west to east or left to right-see Figure 3. Source: Davis Horn, Inc. & Robert A.M. Stern Architects; December, 1995 TABLE 6 KEY TO BUILDING USES AS VIEWED FROM NORTH SIDE OF VILLAGE STREET* BUILDING # USE LEVEL Townhouse Residential At Grade & Above 1 2 Tourist Accommodations Condominium Common Room At Grade Tourist Accommodations At Grade & Above 4 Tourist Accommodations Accessory Commercial Independent Commercial At Grade Affordable Housing Above 6 Ticketing-Accessory At Grade & Above Skier Services 8 Tourist Accommodations Accessory Commercial Tourist Accommodations At Grade Tourist Accommodations Above * Buildings are viewed from East to West or left to right -- see Figure 3. Source: Davis Horn, Inc. & Robert A.M. Stern Architects; December, 1995 Viewing the Village from east to west (left to right), one will see Buildings 2, 4, and 8. Building 4 has been designed to look like three small buildings which actually share the same lower floor. 36 'b Â·"i:I '5' f 1 , Â·Â·'11!U â€¢â€¢A fC i Lt , 1-1 0 - '11 qi,4 1 r. ; '22; 1.recAMENT ':ill !%:;191 it ji 18, f- . 1 6 +42(wurfa ' i i iiiÂ· Â·i . 9 1 . 9 41,1 '1 4 4 : e , < pCHMENT-=~21 r, 71 1 f'!.4 : , / / 1: 11 â€¢. ~i (41$11 1'~\ i. 1 . 2 . ' -- ., 2 0 ?--4-#: 1 ff i 1 -1....\ i 1 4 e. 1 ..1 1 1 , - Jr!1 1 / 7 -7- 2..., 1 - 0 1 ; , , It 9 1 j '. 1 ' / / j. 1 ':h'' , . 1 1 1 , ... 't , 1 1 \ 11 . , , :.i:. ''14.. 1 I , ' Ff *Â·pt. )N I* , i; T . 7 11:4.. 1 1 , , , .. . Te '' - fl ... ; : i ' Â·, 4 1 . 1 111 711 0. 1 , 1, - , 7. 1 1 1 - 1 :1 1 1 1, . 1 1 071 . ' 11 1 1 IIi I Â·*3 5/ : 0,1 11 1 1 . WÂ»7./ il 1 ' 1 4 :. . , 1,1 /',/ 1 . , 1 1 14 ' 11 11 - ty,ji : : Ld. r:ULL - ; 0 1 V. 1 < 1 01 11, 1 1 " 4 - .....IN , AN 1 11 1 ; 401 ' i ~ , ~,r;.,HA#tit k :11*9 . 411 , 1 . 0 , dll ' ". f JI 1 1 . /0 Z 1 , - - 1-1 . 't{ h.)91Â· 1 n. w 4-, 00.. 1 al 1 4 .,1 1 i / Â· Ill = 1 1 &. P #'f # 2- llc : 0 1 1,1.7.2.Â» 1 1. fl ' A il: 4 :t zr 1 . 2, 01 i ttltr.W r. '' S ~ - .:ll' 9 ~ 1 ..1# 011 i 1 ,{,1,1 =4 ] 1 1.\42 1 42 I. Â®/ 3 i' -D . 1 1:4 li ' 1:.2: 1 0 1.1 .5,! ill , U . 1.,1 111 1 { f i #Fl 1- I - .--P.Fl ~d / 2 k -/ 1.1 ~ L. -- < e ..1 '1*1 1 e -- . t, 1 1 Â¤ If. 1 , 10 1 > e, ;/1.* 1 al ...... -'- Â·Â· A , W lili 1 61 - 1 lic 1 1 71, - \ 1 , ) ,- , F 1 .(6) , . It ir,1 0 I I ; 10 -,1 1 t i.)...1944-1 -fl - .,0 I. . -- , 11\ 1 % .1 ly<Â·@41 I 1 Â· IL=y . 1,1 , I , - 11' 1/ 1 - ..'11 - 1 11 D . % ,\ 11 - F ...'' ' I 4 . % , I t I 4 '' ......-.7 1.: 41Â·:3 rl .4 10 ---: 23 ' lili , 1 1 \ .l 1 ' V .,Â· #|' , 1, 1 ' 11 1 1. \, ' 1 1 14 i -Vn v. r'--/L,-1 A\ 4.\ , 11' ... ' . .. I. -- ---44 , LH :\6& 1 1 1 1, , 7 I\\431&$71~-~-~,~ -, ; , Il \\ , ''11 ' t ='.7 . % 1,7 X>.C , ' ru.' L.A.,-r' Un -- I'l~ ' 1, 1 1 ' Â·i . ,\C\Â·-A/RÂ«v , 1 1 .I . .. .. . i i 1- J ' 1 , --2 ---1 . ---J -------0-- i , - 1 j '' 1.U,Â· ' r 10 fl'/,L , 1 1 ../. I , , 1 /2 ' 1 ... .. /. , 1\ f, 1 U ; .0 1 < -- 11 1 1. Davis Horn*- PLANNING & REAL ESTATE CONSULTING ATTACKHENT 2> July 10, 1997 Lance Clarke AICP Board of County Commissioners 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Highlands Village Detailed Submission -- Additional Information for July 16, 1997 Public Meeting Dear Lance and Commissioners: This letter addresses requests for additional information made by the Board of County Commissioners at the June 30, 1997 public meeting and additional requests made by Lance Clarke subsequent to the meeting. The applicant is prepared to address most of the requests in this letter, however some presentation materials will not be completed until Tuesday, July 15. The applicant will meet with Lance on Tuesday to present the remaining materials. Land Use Code Amendment The Board tabled consideration of the proposed Land Use Code amendment which would provide a Growth Management Quota System (GMQS) exemption for commercial space in a mixed use Planned Unit Development. Leslie Lamont sought additional changes to the Code amendment to further define accessory commercial space. The applicant withdraws the request to amend the Code to address this GMQS exemption. The applicant will compete in the Pitkin County 1997 GMQS competition to acquire 29 Employee Generation Units (EGU's). The annual quota is 43 EGU's. Location and Type of Commercial Space There are four categories of commercial space proposed for Aspen Highlands Village (AHV); Tourist Accommodations Accessory Commercial, Independent, Accessory Skier Services (ASS) & Ticket Sales and Meeting Rooms. Table 1 allocates the commercial space to each category. Each are described in this section. Buildings are depicted on Figure 1. All data in this section refer to Net Leasable Area (NLA). ALICE DAVIS AICP $ GLENN HORN AICP 215 SOUTH MONARCH ST.Â· SUITE 104Â· ASPEN, COLORADO 81611 Â·970/925-6587Â·FAX: 970/925-5180 adavis@rof.net ghorn@rof.net - I.---- I - TABLE 1 ATTAGbE, ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION: COMMERCIAL SPACE ACCESSORY TO THE PUD Type S.F. Independent* Retail 13,600 Restaurant 8,125 Sub-total 21,725 TAAC** Retail 8,000 Restaurant 6,000 Sub-total 14,000 Accessory Skier Services (ASS) & Ticket Sales ASS** 10,200 Ticket Sales Areas 1,800 Sub-total 12,000 Meeting Rooms Independent 1,800 TAAC 3,000 Sub-total 4,000 Grand Total 52,525 * Independent space includes neighborhood serving commercial space. It is projected that there will be between 1,500 and 2,000 s.f. of neighborhood serving commercial space. ** TAAC - Tourist Accessory Commercial, ASS - Accessory Skier Services *** All data reflect Net Leasable Area (NLA). Source: Davis Horn Incorporated; July, 1997 iÂ£:i -- -- '.,EMT 3 Tourist Accommodations Accessory Commercial Space Table 11 of the AHVDS proposes approximately 4,000 (NLA) square feet of Tourist Accommodations Accessory Commercial (TAAC) wait service restaurant space, 2,000 (NLA) square feet of TAAC limited wait service space and 8,000 (NLA) square feet of TAAC retail and 3,000 square feet of meeting room space. As we have previously indicated, the applicant is working with architects in the schematic design process to determine how the space will be programmed in buildings 2 and 8 which will house the vast majority of the tourist accommodation units. Some changes are probable as actual development of building plans proceeds. At this time, it is anticipated that the TAAC space will be allocated to buildings 2 and 8 as described in this section (see Figure 1). Buildings 2 and 8 will each contain no more than 2,000 (NLA) square feet of wait-service restaurants and 1,000 (NLA) square feet of bars with limited wait-service. The applicant is proposing a maximum of 3,000 (NLA) square feet of retail space in building 2 and a maximum of 5,000 (NLA) square feet of retail space in building 8. The services provided in these commercial spaces will be oriented primarily to guests staying in the tourist accommodation units. It is possible that the spaces will be smaller than proposed at this time, but they will not be larger. Independent Commercial Independent commercial space is divided between the Independent Restaurant and Independent Retail categories. As shown in Table 1 there will be 13,600 square feet of Independent Retail space and 8,125 square feet Independent Restaurant space. Approximately 1,500 to 2,000 square feet of the Independent Retail space will be allocated to neighborhood serving commercial uses. The Independent commercial space will be located in buildings 4, 5, and 7 (see Figure 1). Accessory Skier Services & Ticket Sales The ASS space will be allocated to buildings 6 and 7. The majority of the ASS space will be located in Building 7, located between the transit and pedestrian plazas. The remainder of the space is located in building 6, a small ticket kiosk located between the plaza and the Exhibition lift and the proposed Thunderbowl lift. Meeting Rooms Approximately 4,000 square feet of space will be allocated for meeting rooms. The independent meeting room will be located in building 7 and be comprised of no more than 1,800 square feet. It is anticipated that this space will be utilized by primarily by the Aspen Skiing Company. The space Will also be available for community functions. There will be 3,000 square feet of TAAC meeting room space divided between buildings 2 and 8. It is possible that all of the space will be located in one of the two buildings. This space will be usually be utilized for gatherings which are accessory to the short accommodations uses in buildings 2 and 8. Projected Restaurant Space Employee Generation The Aspen Highlands Village: Detailed Submission (AHVDS) indicates that there will be limited wait service and full wait service restaurants located in AHV. It is projected that the full wait- service restaurants will generate 7.5 employees per 1,000 square feet of Net Leasable Area (NLA) and the limited wait-service will generate 5 employees per 1,000 square feet of NLA. In any case, there will be an employee audit to determine actual employee generation. It is anticipated that a there will be a scramble cafeteria, delicatessen and two or more bars located in AHV which will have limited or no wait-service. The cafeteria and one of the bars will be located in building 4. The applicant has surveyed Aspen Skiing Company restaurants to determine the average number of employees per 1,000 square feet of space employed at Aspen Skiing Company limited wait service restaurants. Restaurants such as High Alpine which incorporate full wait-service dining are not included in the survey. Table 2 shows the results of the 1996-97 skiing season survey of Aspen Skiing Company limited wait-service restaurants. The data indicate a survey of 10 ASC limited wait-service restaurants shows an average of 4.3 full time winter employees per 1,000 square feet of Net Leasable Area (NLA). 0 TABLE 2 ASPEN SKIING COMPANY LIMITED WAIT-SERVICE RESTAURANTS: 1996-97 EMPLOYMENT Square Feet ---------- Restaurant FTE's* GLA* NLA* FTE's / 1000 of NLA Bonnies 32 6,969 4,529 7.1 Sundeck 39 7,705 5,008 7.8 Cafe Suzanne 33 9,720 6,318 5.2 Cliff House 16 11,548 7,506 2.1 Ullrhoff 36 11,400 7,410 4.9 Cafe West 10 2,070 1,345 7.7 Up 4 Pizza 3.75 2,178 1,415 2.7 Bump's 28.5 18,236 11,853 2.4 Merry-Go-Round 15 17,623 11,454 1.3 Highlands Cafe 16 11,977 7,785 2.1 * FTE's = Part-time and full-time winter employees have been adjusted to determine total full time winter employees. ** GLA = Gross Leasable Area. *** NLA = Net Leasable Area is 65 % of GLA. Source: Aspen Skiing Company Planning Department & Davis Horn Incorporated, April 1997 Park Land Dedication The applicant proposes dedicating 6.8 acres of land located along Maroon Creek to Pitkin County to be used by the County as a passive park. This land will satisfy the applicant's Park Dedication fee. The land is accessible from the existing Brush Creek Trail (aka Government Trail) located behind Iselin Park. The State Highway 82 Corridor Master Plan, an adopted component of the Aspen Area Community Plan, designates the subject site as Creeks/Rivers/Open Space (CROS) on the Future Land Use, Scenic Foreground and Transportation Plan. The dedication of the Maroon Creek land by the applicant is consistent with the adopted Plan for the area. Aspen Highlands Village Dorm Aspen Highlands Village will include 39 dormitory units which will house 50 people. The applicant has eliminated most of the two person occupancy dorm units to increase privacy for dorm residents. The dorm units will be located in buildings 4 and 5. Occupancy priority for the dorm units will be for AHV, and ASC employees in the non-summer season and Music Associates of Aspen students in the summer season. The Board of County Commissioners approved seasonal use of the dorm units at General Submission. The Planning and Zoning Commission has recommended seasonal use of the dorm. Planned Unit Development Guide The applicant, staff and Planning and Zoning Commission recommend creating a Planned Unit Development (PUD) Guide to clarify many design issues associated with the Village. All restrictions which are enforceable by Pitkin County will be located in the PUD Guide as opposed to the Restrictive Covenants which will not be enforceable by Pitkin County. This will avoid the existing enforcement problem of having to search through thick covenants to located those restrictions which are enforceable by Pitkin County. All restrictions enforceable by the County will be found in one document, the PUD Guide. The PUD Guide will be utilized by the County and the applicant to document all variances from Code standards. Documentation of standards in the PUD Guide will assist the Village architects and County staff to review the plans for individual buildings as they are submitted for building permit. Lighting Standards The Aspen Highlands Village: General Submission proposes a comprehensive set of Lighting Guidelines prepared by Cline, Bettridge Bernstein Lighting Design Incorporated. Refer to Appendix 17 of the Aspen Highlands Village General Submission: Consolidation of Materials to review the proposed guidelines. The applicant proposes these previously provided lighting guidelines be incorporated into the Planned Unit Development Guide. This section briefly summarizes the lighting guidelines. The purpose of the guidelines is to establish design criteria to preserve the character of the Maroon Creek Valley. These standards are intended to mitigate light pollution. Standards are proposed under for the following subheadings: 1. Sources; 2. Illumination Levels; 3. Source Shielding; 4. Source Heights; 5. Illumination Techniques; 3 6. Residential Subdivision; ATI 7. Switching & Control; and 8. Prohibitions. Sources. The following general lighting source types are acceptable providing they conform with defined parameters in regard to lamp color, color rendering ability, and efficacy (energy efficiency). 1. Incandescent, including quartz (tungsten-halogen) 2. Fluorescent 3. HID 4. QL (induction lighting) Illumination Levels. The following criteria are taken from the proposed Pitkin County Lighting Standards. 1. Public Parking Lots - from Ofc to .5fc 2. Pedestrian Walkways and Driveways - from .lfc to .5fc 3. Vehicular Intersections - from .5fc to 1fc 4. High Activity Pedestrian Areas - from .5fc to 1fc 5. Security Areas - from 1fc to 2fc Source Shielding. All sources shall be fully shielded, i.e., no light shall be emitted above 80 degrees from nadir (straight down). While this is a general guideline, the location, context and source will be part of the evaluation to insure that the lighting solution is in the spirit of these regulations. Source Heights. The mounted heights of fixtures shall be limited to twenty feet (20') above ground level. Illumination Techniques and Fixture Types. Within the Village: a. Borrowed light - when and where possible paths shall be lit from "borrowed light" emanating from retail and restaurant windows. Light shall be from a fully shielded incandescent source. b. Lighting posts - either decorative or decorative and functional but compatible with the design of the village area. C. Bollards and stoplights - preferred illumination method. 2> d. Sign lighting - fully shielded light mounted directly to the sign to avoid unnecessary spill light. e. Canopy and overhang - fully shielded fixtures with lighting levels below 1fc. Residential Subdivisions: a. Exterior lighting - house numbers shall be illuminated by fully shielded source. Landscaping shall be maintained so house number is visible from road. b. Security Lighting - shall come from a fully shielded device providing no more than 1fc and mounted no more than ten feet above the ground. Switching and Control. 1. In the village - from dusk to 10 pm lights will be full on. 2 From 10 pm to 2 am retail shop illumination will be reduced by a pre-determined percentage to provide minimal illumination. 3. After 2 am all lights will go off except those necessary for reaching paths. Paths will be lit by fixtures for safety purposes. 4. At the residences, security lighting shall be controlled by a motion detector that limits its duration to five minutes. A panic switch shall be provided for which will turn the lights on for the five minute interval. A permanent override shall be prohibited. Prohibitions. 1. No low pressure or standard high pressure sodium lamps. No mercury vapor lamps. b. No exterior neon, cold cathode, linear fiber optic sources or the like. C. No rear illuminated signs. d. No lasers or special effects lighting (decorative or F..M'Â£'ll" - --./. .....7.... t.-/H ./- -..#...."I'. I.-- 79-+.m f. D otherwise) . Suitable standards for holiday lighting will be determined. e. No uplighting. f. No sports or recreational lighting. g. No roadway or driveway lighting in the residential subdivisions. Conformance, Enforcement and Penalty. These standards will be included in the PUD Guide and shall be provided to all residential and business owners. Lighting systems shall be reviewed (business and residential) on a periodic basis to assure continuing compliance. Fines and penalties shall be formulated for those in non-compliance. Schedule for Aspen Highlands Village Review The review schedule for AHV is addressed in the staff memorandum. The Board will not consider the AHV application again until September. The application will be heard at the regular meetings of the Board. The long gap between July 16 and the next review will disrupt the continuity of the review process. Additionally, it may be difficult to devote adequate time to the applicaiton on regular meeting agendas. The applicant requests the Board to discuss these issues on July 16. Landscape Phasing The applicant is completing a phasing plan for the landscaping. Plants lists and illustrations will be presented to Lance on Tuesday, July 15. The lists and illustrations will be presented at the July 16 meeting. Building Height and Roof Ridges The applicant has been working on improved illustrative techniques to depict building roof lines. These illustrations Will be completed prior to the July 16 meeting and presented to Lance. The Board will review the illustrations at the July 16 meeting. Reconstructed Grade vs. Existing Grade At the June 30 meeting, the applicant and staff reviewed the applicant's previously approved proposal to reconstruct grade on the subject site to simulate the natural grade prior to any grading ..2.Â·s 37772Â¥nlr~g~-/19 441 4=i.-1.88Â£6*t=76:=22 3 at Aspen Highlands. The reconstructed grade concept and the methodology for height measurements were approved by the Pitkin County Staff, Planning and Zoning Commission and Board of County Commissioners at General Submission. The Planning and Zoning Commission recommended approval of the reconstructed grade concept at Detailed Submission. There is precedent in Piktin County to use reconstructed grade for measuring height on sites which have been heavily disturbed by mining operations. The Detailed Submission has been based upon this approved reconstructed grade plan. A topographic map of reconstructed grade will be included in the PUD Guide. The County staff has requested the applicant to provide a section addressing reconstructed grade issues. The Board requested the applicant to address pedestrian circulation from the parking lot to the Village and transitions from the transit plaza to the Village. These materials are still being completed and presented to Lance prior to the meeting and presented to the Board at the meeting. Summary This letter addresses issues of concern raised at the June 30 meeting. The issues will be discussed on July 16. Please give me a call if you have any questions or requests for additional information. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP clarke.22 'geÂ«&92 2.*41 4 Aspen Highlands Village 1996 Tourist Accomodations Growth Management Quota System Application Prepared for HINES 426 E. Main Aspen, Colorado 81611 Prepared by DAVIS HORN Incorporated 215 S. Monarch Avenue, Suite 104 Aspen, Colorado 81611 (970) 925-6587 November 15,1996 4 building 7, the skier services building. Promoting Environmentally Sustainable Development This section ofthe land use application summarizes how Aspen Highlands Village will help promote an environmentally sustainable community. 1. Street Orientation - Village Road is oriented in a northeast to southwest direction, The street orientation has been selected so that the morning and afternoon sun shines down the street providing warmth in pedestrian areas. 2 Landscaping - The Aspen Highlands Detailed Submission land use application proposes an extensive landscaping plan (see landscaping plan submitted with Detailed Submission). The landscaping is consistent with the existing natural vegetation in the base area. Portions of the ski area will be revegetated. 3 Avoiding 1041 Environmental Hazard Areas - The Aspen Highlands Village has already received General Submission approval by the Board of County Commissioners. As part of General Submission, the Board granted 1041 Environmental Hazard Review approval. 4. Promoting Recycling - Provisions will be made within Aspen Highlands Village for recycling. The Aspen Highlands Ski area already has a recycling program. 5. Reduction of PM 10 Levels - The applicant has submitted an Air Quality Analysis prepared by Secor International within the Aspen Highlands Village Detailed Submission. The Air Quality Analysis demonstrates that the air quality mitigation plan proposed by the applicant results in a net positive impact on PM 10 levels in the Aspen Area. Maintain Design Quality, Historic Compatibility and Community Character This section of the land use application demonstrates compliance of Aspen Highlands Village with the Design Quality, Historic Compatibility and Community Character components of the Aspen Area Community Plan. The applicant retained Lisa Purdy, Historic Preservation Expert, to evaluate the 20 ,. historic significance of the existing building at the base of Aspen Highlands Village Purdy's evaluation includes the following findings which are documented in her August 18, 1995 letter which appears as Appendix 1: â€¢ The building is not listed as a historical or archaeological resource of statewide importance, nor is it eligible to be listed. â€¢ The building is not listed in the Pitkin County historic inventory. 1 â€¢ The base lodge is not listed as a County historic landmark and since there is no County ~ adopted criteria, process or expert commission to make evaluations, any such findings in the future could be considered arbitrary and capricious. : â€¢ The building is not eligible to be listed on the State or National historic register. â€¢ While the Aspen Highlands base lodge may have nostalgic value for skiers and local ' residents, the building does not have any official historic value. i â€¢ The building does not meet any of the established criteria for achieving historic designation and even if it did, it has been altered to such an extent that its original j integrity has been lost. f The following elements ofAspen Highands Wlage are consistent with the Aspen Area Community Plan Design Quality and Community Character objectives. 1. Insuring Sites Usability for Social Activities - A major design objective for the i Village is to create a place which is free of vehicles and comfonable for pedestrians. Private vehicles are prohibited from entering Village Road. The center of the Village : has been designed to be an ideal gathering place. 2 Preservation of Christian Endeavor Bar - In recognition ofthe nostalgic value of the base lodge, the applicant will reconstruct a portion ofthe Christian Endeavor bar j in a new building in Aspen Highlands Village. The bar is currently the major gathering place in the Village. 3. local Meeting Room - An 1,800 square foot meeting room is proposed to be located on the second floor ofthe skier services building. This meeting room may be reserved by local groups such as the Castle Maroon Caucus for public meetings. 21 4 4, Aspen Valley Ski Club House and IIigh School Lift - The applicant has joined with the Moore family to pay for the construction ofthe new Aspen Valley Ski Club House and a lift which will run from the School to the top of Powderbowl on Aspen Highlands. The lift will be available to school children and members ofthe Ski Club. 22 Davis HornmsÂ· PLANNING â€¢ REAL ESTATE CONSULTING GLENN HORN AICP 215 S. MONARCH â€¢ SUITE 104 â€¢ ASPEN, CO 81611 970 / 925-6587 Fax 970 / 925-5180 Final Draft ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared for HINES 426 E. Main Aspen, Colorado (970) 920-1801 Prepared by Davis Hom Incorporated 215 S. Monarch Avenue Aspen, CO 81611 (970) 925-6587 September, 1997 TABLE 10 ASPEN mGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: TOTAL NON-RESIDENTIAL EMPLOYEE GENERATION* Land Use** Affordable Housing Exaction Tourist Accommodations 60.4 Independent Commercial Space 57.6 Accessory Skier Services 8.4 Total 126.4 0 Full Time Equtvalent Employees (FIE) work 2,080 hours per year. " Refute Tables 11 and 12 the following section for explanation of employee generation fol each category. Source: Davis Horn Inc., September 1997 Tourist Accommodations The tourist accommodation units are comprised of lodge condominiums. The tourist accommodations are served by accessory commercial space that generates employees. Section 3- 130.20.C.3. (new Code) requires that 60 per cent ofemployees generated by tourist accommodations and commercial development be provided with affordable housing. Table 11 shows the 73 tourist accommodation units will generate a requirement to house 60.4 people in affordable housing. Independent Commercial Space and Accessory Skier Services Aspen Highlands Village will contain Independent Commercial space (IC) and Accessory Skier Services (ASS). Table 12 shows that the Independent Commercial Space (IC) and the Accessory I Skier Services (ASS) will generate a requirement to house 66 people in affordable housing. Independent commercial (IC) space may attract a limited non-skier clientele from outside the Village when the lifts are not operating. The IC space will be comprised of retail space such as a grocery. 23 1 9 A meeting room will be available for residents and guests of Aspen Hightands Village. The United States Forest Service may utilize the ASS space as a Visitors Center in the summer. TABLE 11 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: TOURIST ACCOMMODATIONS AFFORDABLE HOUSING EXACTION InuristAccommodations Units & Accessorv Commercial Space Number of Employee Employees AHO Exaction People to Type of Space Units or S.F. Generation Rate* Generated Rate be Housed Tourist Accommodations 73 .4 29.2 .6 17.3 Restaurant (NLA) Wait-Service 4,000 .0075 30.0 .6 18.0 Restaurant (NLA) Limited Wait-Service 2,000 .005 10.0 .6 6.0 Retail *LA) 8,000 .0035 28.0 .6 16.8 Condominium Room ** 3,000 NA 3.5 .6 2.1 TOTAL NA NA 100.7 .6 60.4 0 Employee Generation rates derived from Section 5-300.1 (c) Pitkin County Land Use Code. As per Section 5-300.1 (c) employee gencratton iS based upon Net I.casable Area- Net Lcasable Area is 80% of Gross Retail Space and 65 % of Restaurant spe. Restaurant employee generation rates are based upon 5 employees per 1,000 sf of NLA restaurant space for the limited wait service type dining and 7.5 employees per 1,000 sf for wait-service dining. ** The condominium room will be used for a variety of functions. A total of 3.5 FIEs will be generated as approved by the BOCC. Source: Davis Horn Inc.; September, 1997 24 . I 1 - TABLE 12 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: INDEPENDENT COMMERCIAL SPACE AND ACCESSORY SKIER SERVICES EMPLOYEE GENERATION Employee AHO People Square Generation Employees Enction to be Type Space Feet Rate' Generated Rate Housed Indepcndent.Commercial Retail @iLA) 13,600 .0035 47.6 .6 28.6 Restaurant (NLA) Wait-service Restaurant (NIA) 2,000 .0075 15.0 .6 9.0 Restaurant (NLA) Limited Wait-service 6,125 .005 30.6 .6 18.3 Meeting Room** 1,800 NA 2.8 .6 1.7 Ski Area Storage*** 2,200 NA NA .6 NA Subtotal 25,725 NA 96.00 .6 57.6 Accessory Skier Services & Ticket Sales ASS **** 10,200 NA 9.4 .6 3.6 Ticket Sales **** 1,800 NA 4.6 .6 2.8 Subtotal 12,000 NA 14.0 .6 8.4 Grand Total 37,725 NA 110.0 .6 66.0 Employee Generation rates derived from Section 5-300.1 (c) Pitkin County Land Use Code. The restaurant employee ge:=atton rates are based upon 5 employees per 1,000 sf ofNLA restaurant space for the limited wait service type dining and 7.5 employees per 1,000 sf for wait-service dining. As per Section 5-300.1 (c) employee generation ba,ed upon Net Tasahle Area. NIA for retail space = 80% Gross Leagahle Area (GLA) and 65 % of restaurant space. The meeting room will be used intermittently. A total of 2.8 FIEs will be generated as approved by the BOCC. ... Ski Area Storage Space will be utilized for ski storage, racing equipment and other ski area related functions. .... (ASS) Acces=y Skier Services - Public and employee rest rooms, ski school, ticket sales, guest services, ski patrol, racing program, lift operations, and administrabon are located in buildings and 7. Ticket sales will be in buildings 6 and 7. This space may be used as a Forest Service information center without additional employee generation. Source: Davis Horn Inc.; September 1997 25 , MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jessica Garrow, Planner 30 611 THRU: Jennifer Phelan, Community Development Deputy< Director DATE OF MEMO: September 25,2007 MEETING DATE: October 2,2007 RE: Aspen Highlands Village (133 Prospector Rd) - Substautial PUD Amendment, Subdivision - Resolution No. 1.5, Series 2007 - (Parcel 2735-142-13-552) Cont-b 10 119 7 4604.-340/1 APPLICANT /OWNER: STAFF RECOMMENDATION: Hines Highlands Limited Partnership Staff recommends the Planning and Zoning Commission approve, with conditions, the REPRESENTATIVE: PUD and Growth Management requests. Glenn Horn, of Davis Horn Inc. SUMMARY: LOCATION: The Applicant requests the Planning and CONDO: ASPEN HIGHLANDS Zoning Commission approve a PUD CONDO PH 2 UNIT: C-2103, City of Amendment and a Growth Management Aspen, CO, commonly known as 133 Review for the change in use. Prospector Street. e: 23?ill:~ I -4 CURRENT ZONING & USE PUD including a mix of retail uses, free- ~ market residential, and affordable housing. PROPOSED LAND USE: . I Conversion of a condo meeting room .,... ,/.!â€¢./ t.~. -- ,-'r 1~â€¢. 4, space to a commercial space. * .0 . Photo of change-in-use area Revised 9/27/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 02 07.doc Page 1 of 3 REQUEST OF COMMISSION: The Applicant requests a PUD Amendment and a Change-in-use Growth Management Review in order to convert some Condominium Meeting Room space to commercial space at the Highlands Village base. BACKGROUND: The applicant proposes converting a 650 square foot Condominium Meeting Room space to commercial space. The Meeting Room space is located in an existing mixed-use building adjacent to other commercial space. The area is located on the ground level of Building 2, Block D of the Aspen Highlands PUD (part of the Village Core). PUD History: The Highlands PUD was approved in 1998 and was annexed into the City in 2000. Part of the original approval required an employee audit to determine i f the Applicant over or under mitigated for the employees generated by the development. The employee audit determined that the Applicant over- mitigated in the original approvals by 14.89 Full Time Equivalents (FTEs), leaving the Applicant with a credit of FTEs to be used for Hines projects in Pitkin County. To date, the credit has not been utilized. Previous Land Use Application for this Space: In 2006, the Applicant requested the Planning and Zoning Commission grant a PUD Amendment and City Council grant a Subdivision Amendment to convert the Condo Meeting Room space in question in this application and an adjacent commercial space to one (1) free-market residential unit. Staff recommended against this request because residential space in this location did not meet the review criteria.1 As part of that discussion, the possibility of converting the Condo Meeting Room space to commercial space was brought up. Staff supported the idea at the time. However, no Growth Management Allotments were available at the time, so the Applicant went forward with their request to convert the space to Free-Market Residential. The Planning and Zoning Commission voted in favor of the PUD Amendment and City Council voted against the Subdivision Amendment, so the request did not receive the approval required. STAFF FINDINGS: The Commission is asked to approve a Change-In-Use to convert 650 sq. ft. of Condo Meeting Room Space to Commercial Space. Staff is supportive of this proposed change-in-use. The condominium space in question is attached to existing retail space - both spaces are unfinished. The space as it exists today is undivided, and "fronts" on the ski mountain. Staff is supportive of retail in this space, as it will help increase the vitality along the Pedestrian walkway and next to the ski mountain. The use of retail in this location is consistent with the original PUD approval, and is consistent with the AACP. Staff recommends in favor of this request. ' Staffrecommended against the request because Staff feels Commercial Space is the most appropriate use in the Village Core, as the conversion did not meet the provisions of the Aspen Area Community Plan, and because placing residential space in this location was inconsistent with the original PUD approvals. 2 The Commission first voted to deny the project, reconsidered the project and then voted to approve it. Revised 9/27/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 02 07.doc Page 2 of 3 The Applicant applied for a Subdivision Amendment as part of this request. After examining the Application, Staff has determined that a Subdivision Review is not required because the change-in-use has no effect on the recorded plat. PUD AMENDMENT: Staff finds that all requirements in the PUD Review Criteria are met by the project. It is consistent with the nature of the PUD and will help increase the vitality to the area. The conversion represents a minimal impact on infrastructure, parking, and traffic, and already includes the infrastructure hookups required to be a functional commercial space. Further, the proposal is consistent with the Aspen Area Community Plan (AACP).3 GMQS CHANGE-IN-USE: Staff finds that the proposal meets all requirements of the Growth Management Review Criteria. The conversion generates a mitigation requirement of 1.14 Full Time Equivalents (FTEs). The Applicant may use the existing 14.89 credit to meet this obligation. Therefore, the remaining credit will be equal to 13.75 FTEs.4 RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria for a PUD Amendment, Subdivision Amendment, and Growth Management Review. The proposal is consistent with the goals of the AACP by providing additional commercial space in an appropriate location, located near temporary and full-time residents, and located near transit. Staff recommends approval of the request. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. , Series of 2007, approving a Substantial PUD Amendment and a Change-in-Use Growth Management Review for the conversion of Condominium Meeting Space in Building 2 to commercial space at 133 Prospector Road." ATTACHMENTS: A - PUD Amendment Review Criteria. B - Growth Management Review Criteria. C - Housing Board Recommendation. ~ See Exhibit A for Staff's response to all the review criteria. 4 The Applicant indicates the change-in-use results in fewer FTEs generated than with the Condo Meeting Room Space. Staff disagrees with the calculations done by the Applicant, and has determined that the conversion generates more FTEs than the Condo Meeting space. See Exhibit C for Staff' s full calculations. See Exhibit D for the Housing Board's recommendation. Revised 9/27/2007 G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Memo_10 02 07.doc Page 3 of 3 RESOLUTION NO. - 2007 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE TO COMMERCIAL SPACE; AND A CHANGE-IN-USE GROWTH MANAGEMENT REVIEW ASSOCIATED WITH THE OF CONVERSION CONDOMINIUM MEETING ROOM SPACE TO COMMERCIAL FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-142-13-552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to a condominium meeting space in Building 2 to commercial space; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval of the proposed conversion and associated land use requests; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department determined a Subdivision Amendment was not applicable because the change in use has no impact on the recorded plat; and, WHEREAS, during a duly noticed public hearing on October 2, 2007, the Planning and Zoning Commission approved Resolution No. Series of 2007, by a to vote, approving a Substantial PUD Amendment for the conversion of Condominium Meeting Room space to Commercial space at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of meeting room space to commercial space; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related PUD Amendment request meet the applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Resolution No. , Series 2007 Page 1 Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment and a Growth Management Allotment for the conversion of 650 square feet of condominium meeting space to commercial space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103 City of Aspen, CO, Pitkin County, Colorado. Section 2: Growth Management Allocation The City of Aspen Planning and Zoning Commission hereby approves a Commercial (NLA) Growth Management Allotment of 650 square feet for the conversion of Unit C-2103 from Condominium Meeting Room Space to Commercial Space. Section 3: Building Permit Application Should the Applicant decide to apply for a building permit related to this change-in-use, the Applicant shall submit a copy of this resolution in addition to all other items required by the Community Development Department at the time of submittal. Section 4: Dimensional Requirements The proposed development as presented in the plans contained within the application dated August 13, 2007 complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Construction Management At the time a building permit is submitted, a construction management plan shall be included with that submitted which meets the requirements of the Engineering and Building Departments in place at the time of Building Permit submittal. Section 6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No. , Series 2007 Page 2 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of October, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Brian Speck, Co-Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\AHV PZ Reso_10 02 07.doc Resolution No. , Series 2007 Page 3 Exhibit A EXHIBIT A - PUD OTHER AMENDMENT An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Pursuant to Land Use Code section 26.445.100, a "PUD Other Amendment" must be compatible with current community circumstances. In evaluating the compatibility with the community, there are no set review standards, but proposed amendment can be evaluated based on the PUD review standards outlined in Land Use Code section 26.445.050, including: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. The change-in-use from commercial and meeting rooms to residential is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. ft. of meeting room space (NLA) to 650 sq. ft. of commercial space (NILA). The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overalllong-term success relies on adequate availability of retail and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center near extensive transit service. This meets many of the goals in the Transportation section of the Aspen Area Community Plan Staff finds this criterion is met for the change-in-use. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The change from Condo Meeting Rooms to commercial uses is consistent with the character of the land uses in the area. The conversion will help make the existing Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 1 of 7 Exhibit A Highlands commercial spaces more functional, while retaining a large amount of Condo Meeting Room space. Staff finds this criterion is met for the change-in-use. 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed change-in-use will not adversely affect future development in the surrounding area. It ensures existing spaces are made more functional, and retains some Condo meeting Room space for future use. Staff finds this criterion is met for the change-in-use. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. The Applicant has requested a Change-in-Use Growth Management Allotment at part of this application (See Exhibit C). Should the Planning and Zoning Commission grant the request, Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The jinal PUD development plans shall establish the dimensional requirements for an properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the properly: a. The character Of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed change-in-use would not drastically alter the existing dimensions, as the changes are internal and would not require new structures. Staff finds this criterion to be met. b. Natural or man-made hazards. No natural or man-made hazards will be altered. Staff finds this criterion to be met. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A PUD Other Amendment.doc Page 2 of 7 Exhibit A c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. The existing natural characteristics will not be changed by the proposed change-in-use. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics Of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. There will not be significant impacts on noise, traffic, pedestrian circulation, or historical resources. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The change in use is an internal change and will not impact the amount of open space or site coverage. Staff finds this criterion is not applicable. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. There is available parking for this commercial space. Fifty-eight (58) spaces are allocated to the Village Core employees. Staff finds this criterion to be met. b. The varying time periods of use, whenever joint use of common parking is proposed. Joint parking is not proposed for this project. Staff finds this criterion is not applicable. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. RFTA provides transit service to the area. An auto distinctive program is in place for the PUD. Staff finds this criterion to be met. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A PUD Other Amendment.doc Page 3 of 7 Exhibit A Aspen Highlands Village is an activity center in Aspen and is located approximately 4 miles from Aspen' s commercial core, with extensive transit access. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. The utilities in place can adequately serve the proposed changes to the PUD. Staff finds this criterion to be met. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. There are adequate roads in the PUD. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: The proposed changes are not located near any natural hazards or critical natural site features. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: The change-in-use will not change the density in the PUD. Staff finds this criterion to not be applicable. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: The change-in-use will not impact the site design, as it is occurring within an existing building. Staff finds the Site Design criteria to not be applicable for the change-in-use request. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\ALIV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 4 of 7 Exhibit A D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features Of the subject property. The proposed development shall comply with the following: The change-in-use will not impact the landscaping plan, as it will occur within an existing structure. Staff finds the landscaping criteria to not be applicable for the change- in-use request. E. Architectural Character. 1. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting e#icient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed changes will not impact the architectural character of the existing PUD as no new structures are proposed. Staff finds this criterion is not applicable. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The proposed changes will not impact the lighting of the existing PUD as the lighting plan has been approved and implemented. Staff finds this criterion is not applicable. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of ati development in the proposed PUD, the following criteria shall be met: The change-in-use does not include any open space or recreation areas, it is occurring within an existing building. Staff finds the Common Park, Open Space, or Recreation Area criteria to not be applicable for the change-in-use request. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 5 of 7 Exhibit A unjustifiedfinancial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The proposed commercial unit will have access to the existing public infrastructure facilities. There is capacity to accommodate the change-in-use. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. There will be no adverse impacts on the existing public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. The proposed development will not require the PUD area to provide additional improvements, utilities, or facilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. The proposed change-in-use will have access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. The change-in-use is for a relatively small amount of space, and will not have a significant impact on traffic patterns. There is extensive transit service to the area, and there is an adequate number of parking spaces to accommodate the change-in- use. Staff finds this criterion to be met for the change-in-use. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A PUD Other Amendment.doc Page 6 of 7 Exhibit A 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The existing streets in the PUD are privately maintained and made available to the public. The proposed development will not alter the public access to these streets. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. The streets within the PUD are not gated and do not include any entryway expressions. The proposed development will not add any such expressions. There is a gate to the parking garage. Residents and employees have passes to gain access to the garage. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts Of an individual phase are mitigated adequately. U phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The proposed change-in-use is to be completed upon application approval. There is no phasing proposed for this application. Staff finds this criterion to not be applicable. Exhibit A - PUD Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit A_PUD Other Amendment.doc Page 7 of 7 Exhibit B ExHIBIT B - GMOS CHANGE-IN-USE A change-in-use, of an existing property, structure, or portions of an existing structure, between the use categories identified in Section 26.470.020, (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which is intended to be reused, shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the change-in-use, pursuant to Section 26.470.030(D), Annual Development Allotments. The applicant proposes converting an existing 650 sq. ft. Condominium Meeting Room in Building 2 (Condo PH 2 Unit 2103) into commercial space. According to the Community Development Department's list of available allotments, there is 15,985 sq. ft. of commercial growth management allotments available for the 2007 growth management year. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. The change-in-use from Condo Meeting Room space to Commercial space is consistent with the Aspen Area Community Plan. The proposal will convert 650 sq. ft. of meeting room space (net leasable area, or NLA) to 650 sq. ft. of commercial space (NILA). The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change-in-use to commercial space helps support this goal by making existing commercial spaces more viable and providing additional opportunities for new businesses in the Highlands Village Core. Staff finds that Aspen's overalllong-term success relies on adequate availability of ret,til and office space. The proposed conversion will add new commercial spaces within city boundaries. Further, the new commercial space created is located within an Aspen activity center near extensive transit service. This meets many of the goals in the Transportation section o f the Aspen Area Community Plan. Staff finds this criterion is met for the change-in-use. c) Sixty (60) percent of the additional employees generated by the change, according Section 26.470.050.A, Employee Generation Rates, are mitigated through the provision of affordable housing or cash-in-lieu thereof. Any affordable housing units provided shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designati'in. Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 1 of 3 Exhibit B When the original PUD was approved, it called for a mix of restaurant and retail spaces in addition to condo meeting room space. At the time, affordable housing was provided to mitigate the employees generated by the different uses. Mitigation equal to 2.1 FTEs was provided for the 3,000 square feet of meeting room space, therefore the share of 650 sq. ft. is equal to approximately ,45 FTEs ([650/3000 = .2161 [.216 * 2.1FTE = .45FTEs]). The current code states that every 1,000 sq. ft. of net leasable area generates 4.1 FTEs; therefore, the conversion to Commercial space generates 2.66 FTEs (650 sq. ft. * (4.1/1000) = 2.13). At a 60% mitigation rate (as required under the code), the conversion generates a mitigation requirement of 1.3 FTEs (2.66 * 60% = 1.59). As indicated above, the Applicant mitigated for .45 FTEs in the past, so the mitigation requirement generated by the change-in-use is 1.14 (1.59 - .45 - 1.14). Because the PUD has a credit of 14.89 employees that were over-mitigated for, the Applicant has fulfilled the affordable housing requirement. The credit should be amended to 13.75FTEs (14.89 - 1.14). Staff finds this criterion to be met. d) No more than one (1) free-market residential unit is created through the change- in-use. The change does not reduce the number or quality of affordable housing units on site or such change as been approved by the Aspen/Pitkin County Housing Authority. There are no Free-market Residential units created by this proposal. Staff finds this criterion to be met. e) Affordable housing net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to thirty (30) percent of the additional free-market residential net livable space, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. Additional net livable affordable housing space beyond this the Floor Area requirement may be developed below Natural or Finished Grade but shall not count towards this criterion. Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to Category 4 rate as dejined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. There is no affordable housing proposed as part of this application. In the original PUD approval, the applicant over-mitigated by 14.89 FTEs. Because of this credit, which is "vested in perpetuity," the applicant is not required to provide new affordable housing for the change in use, but is required to use the credit to mitigate Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\ALIV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 2 of 3 Exhibit B for the generation. No additional credit will be given for the fewer employees generated by the change-in-use. The Staff finds this criterion to be met. D The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. The change-in-use will not represent a significant increase in the demand on pubic infrastructure. Staff finds the criterion is met. Exhibit B - GMQS Review Criteria G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\P&Z\Exhibit B_GMQS Change in Use.doc Page 3 of 3 Exhibit C MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, Housing DATE: September 26,2007 RE: ASPEN HIGHLANDS VILLAGE: SUBSTANTIAL PUD AMENDMENT, GMQS EXEMPTIONS FOR CHANGE IN USE ISSUE: The applicant is requesting a GMOS review to change the use of 650 square feet of meeting room to commercial space. BACKGROUND: According to Section 26.470.100A, Employee Generation Rates, 60% of the employees generated by additional commercial or lodge development need to be mitigated by the provision of employee housing, and is provided at a Category 4 rate. Based upon previous approvals for Aspen Highlands Village, the net leasable area is about 80% of the total leasable area; therefore, the applicant will need to provide mitigation for 520 square feet (650 square feet X 80%). Since the applicant proposes to utilize the space for commercial uses, the additional 520 square feet generates 2.13 employees. Section 26.470.100.A of the City Land Use Code indicates that the employee generation rate for commercial space in the SKI BASE zone district is 4.1 employees per 1,000 square feet of net leasable area. The applicant needs to mitigate at a 60% rate, therefore, the mitigation required for this change in use is 2.13 X 60% = 1.3. The applicant states that the applicant already provided housing for 2.1 FTE's when the PUD was developed; therefore, is asking for an additional credit of.8 FTE's. The applicant received approval from a former request in 2004, due to a housing audit, of a credit of 14.89. The Housing Authority Board approved this credit on May 5,2004. Due to the fact that there is a crisis for employee housing units, staff would recommend that no further credits be allowed. A further audit could be required, which should include the amount of employees generated by each free-market residence. This was NOT included in the original audit. Staff believes that if the free-market units were taken into consideration, Aspen Highlands Village would not receive a credit. RECOMMENDATION: The Housing Board reviewed the application at their regular meeting on September 19, 2007 and would recommend approval of the change in use and that mitigation has been satisfied, but would request denial of any additional credits thereby the credits remain at 14.89. Housing Board Referral Comments, Exhibit C G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\Housing Board Comments.doc Page 1 of 1 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 133 ?flhpgloA- 04 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: l D ~2 <ED-=f- ,200- STATE OF COLORADO ) ) SS. County of Pitkin ) I, <*--3<#vivilb~IÂ« 32> L-~ 1 <1- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: '4 Publication ofnotice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City o f Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto Posting of notice: By posting o f notice, which form was obtained from the 4 Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time o f the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice, By the mailing o f 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 o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) L 4 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. rin~Â»~A-~A St@natire ~ j - The goregoing "Affidavit ofNotice" was acknowledged before me this ~g day of )3~-6-â‚¬13 'loo~,by Jinn tfU' Phel.. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 0 4/< 1- ~20/1 f -19*tary Public ~i'.ACNE ..\ ~ CoTH\AN J. O . .0 NTS: C E OF Cov COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL - PUBLIC NOTICE - - RE: ASPEN HIGHLANÂ¢, VILLAGE - GROWTH MANAGEMENT REVIEW, PUD OTHER AMEND MENT, AND SUBDIVISION NOTICE IS HEREBY C IVEN that a public hearing 1 will be held on Tuesday. October 2,2007, at a ~ Sunday, Septem meeting 10 begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities CONDO PH 2 and ASPEN H]GHLANDS BLOCK Meeting Room. City Hall, 130 S. Gatena St., As H, City and Towns.Â·g of Aspen. pen. to consider an application submitted by the Â®For further information, contact Jessica Garrow at Hines Hightands Limited Partnership, 133 Prospec the City of Aspen Community Development De tor Drive, #4111, Aspen, Colorado 81011, owner of partment, 130 S. Galena St., Aspen. CO, (970) the subject property. represented by Davis Horn 429.2780, jessicag@ci.aspen.co.us. Inc. The applicant is proposing to convert existing condo meeting room space into commercial space, s/ Dylan Johns, Chair The applicant is requesting the following develop ~ Aspen Planning and Zoning Commission ment approvals: Growth Management Quota Sys tem approval for a change-in-use: PUD Other i Published in the Aspen Times Weekly on Septem Amendment for the conversion meeting room space to commercial space; and. Subdivision Oth ber 16.2007. (644373) er Amendment for conversion of meeting room space to commercial space. The property is <egauv described as C)NOO: ASPEN HIGHLAN[)6 rugâ€¢iv -v â€¢ â€¢-i IATE Ioli /0-7 FIME 4- 30 ev, |30 1 4 Al EN A PLACE Ac eâ‚¬ U . 40 - C 119 W 'URPOSE rt-z 11'V tlic. HFARI Â·ro CONS,DEr Pljore'f.ALTrâ€¢LeNUEâ€¢ 2 0 i , 7 1 N_& Ce NO M rET , M & U 00 Fl ro -0â€¢â€¢â€¢,Enc,AL spALE~GMQ S CHANK U SE 1=- PUO 07tlE4 Ah,#40.Gâ€¢'t~ ~â€¢f't'kicAAF O,|CS *4,6,*LA/01 Lfc' PANTUGA 040/ m M â€¢.'*' Willi â€¢i,â€¢u s.*7,Â· Lit'U - Â·%'=;'â€¢ ..1.....0, CO N 0 0 7 44 1 + A.f.. H 1 -4 4 403 V .,1 A, 6 ALDS<_H 6,9 0, Aâ€¢'SN 388 NA BARMONC UN- 9 1 25 'k 270 2 C:-2 EUDI:U-MV, 19 6E _19td=191 #C INIE 9. 56 e.1 |73{) S C. Al IL// A 'LACE AE- 6.E U . f.o. C tri MALL 'URPOSE-b--z rwriâ€¢c Hr,a,â€¢4_ re cON ;, D F R PKofi,% A x To.Â£,â€¢1*r â€¢r eâ€¢ 1 â€¢r , Al â€¢ c.,Â·.â€ž p.,rE r , .. . 00" To 4 0 M.,69 6 i h L $ p. 6 F ~61~412 5 &~4,4 N.G I 4 o SE , PUO 09*164 kâ€¢â€¢~-asâ€¢,1~ ~/fii:AAP M,Nes Week..DS l.",3...UG. le'r m "Â·Â·Â·. -' 04 ~r ~11'1 t2112'"-0 40*" /79...........p,4//./ 00 .9 0 0 7.4 1 0 ..flk ",-,440, e.,1,4,6 WUWAir-00. 'Mifitil719..~. co ,â€¢,0,â€¢,o '0,8 ~r. - '53Â·' .1- A.2 PUBLIC NOTICE* DATE loil 1 0-7 TIME 41 30 en - |30 1 (.AL ENA PLACE At Gâ€¢E w . c-0 - c tâ€ž 64.&6 j PURPOSE r+z Py U k Hf Ave,14 ~ <O CoNS i DER PRo fof. A L T-.3 Leâ€¢Jvfâ€¢Â¥ C. e ~ U h rE T i W h R 00 r. r.7 60".60"-â€¢AL- SPA.r ~Mas ,HAN.G IN ~ u SE * Puo oÂ·,â€¢164 â€¢p.&.0....,T A-ul. #*Â· 1*Â·ti" A"ti.Et.12:...20" -rs--1......' .4.*/. ~ ~~~~~~IjILLUILIJ~ -~261-tl_11-rt o' 4'"4 Jd i J,t&:r'WAA)21Â»'iNMili'IN ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REOURED BY SECTION 26.304.060 (E), ASPEN IAND UseÂ° CODE ADDRESS OF PROPERTY: /33 Pr-obpe-51Â·r-Jr Â£)-i/~_ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: l O /1 ~ ,zoo.1 STATE OF COLORADO ) ) SS. County of Pitkin ) 4 6-\i n n. UL) //1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 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) ~>:8-prior to the public hearing. A copy of the publication is attached hereto. J Posting of notice: By posting o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to-he public hearing and was continuously visible from the /6 day of - --%527-, 200 -7, to and including the date and time of the public ' h304. 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 deli vered or mailed by first class postage prepaid U.S. mail to all owners of propÂ¢ rty 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 CL rrent tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy Of the owners and governmental agencies so noticed is attached hereto. (continued on next page) _.-- Rezoning ortext amendment. Whe: 3---2.- the Â·25:,2.2. uning district map is in any way to be changed or amended ,Â·nodena 'c arab pact of a general revision of this Title, or whenever the text -Â·Â£ :4;s Title is to be amended, whether such revision be made by repeal of thir i w:; and enactment of a new land use regulation, or otherwise, the require, oent of an accurate survey map or other sufficient legal description.of, and t}.e notice to and listing o f names and addresses of owners )freal property.in the area oft.,e proposed change shall be waived. Howe..er, the proposed. oning map shall be available for public inspection in the planning agency di fin~ all business rs for fifteen (15) days prior to the public hearing on such Agn me ts. 1 1 Si:gnatute The foreqoiqg "Affidavit of Notice" was acknowledged before me this 36-0 ,~lay of D 1-71> 3 0 , 2001, by 04-\.p, 1. rl Â£-4 E A WENESS MY HAND AND OFFICIAL SEAL 1,Â·-3 commission expires: -1 ~ 1 3~ 0750- - th './) 1 1 00,Grrl -~4WL=v 1 /00 Notary Public '4<:tisy ATTACHMENTS: COPY OF THE PJBLICATION PHOTOGRAPH OF THEPOSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 0 pbrea 71 LA- 11 â‚¬ i a 1,6 9)/cr PUBLIC NOTICE RE: ASPEN HIGHLANDS VILLAGE -GROWTH MANAGEMENT REVIEW, PUD OTHER AMENDMENT, AND SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 2,2007, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Hines Highlands Limited Partnership, 133 Prospector Drive, #4111, Aspen, Colorado 81011, owner of the subject property, represented by Davis Horn Inc. The applicant is proposing to convert existing condo meeting room space i:lto commercial space. The applicant is requesting the following development approvals: Growth Management Quota System approval for a change-in-use; PUD Other Amendment for the conversion meeting room space to commercial space; and, Subdivision Other Amendment for conversion of meeting room space to commercial space. The property is legally described as CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H, City and Townsite of Aspen. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessicag@ci.aspen.co.us. s/ Dvlan Johns, Chair Aspen Planning and Zoning Commission Publish in the Aspen Times on September 16,2007 City of Aspen Account I LA kA L,Â© v , 1 4 \AL-1 , 1 >.1 V O 1 C E DATE: 911010/ City of Aspen GIS 1==00Â«-4=-3 Oct-N~-- BILL TO: Glen Horn 1 30 S (3 ilona St Davis Horn Inc Asnen, CO 81611 2-15 S Monarch St Ste 104 Phone- 970Â·920-5453 Aspen, (DO 816-11 Fax:!)70Â·544-5378 970-925-6587 DESCRIPTION AMOUNT Mailing Labels 133 prospector $60.00 Sales Tax %5.16 Total $65.16 Ma:Â·.i- c:Ii Â·-h,Â·cks pav ]51,9 10 City of Aspe.n. 't you hAVI. 3119 I'leÂ·:t:On-. 0 114â€ž31 [1!1 q this Ifiv, ,ice, contact Patil tiefril,el 2,/l,-b "1 15.: railiher,-tic: aspen f..O 11'4 â€¢ THANK YOU FOR YOUR BUSINESS! AH)AV-09-008-L uoulnnsul,p 1Ueu,95Je4) -- -ua5 Â®09 LS Â®AyaAV Weqeb el zes'I!16 a LUO)-AJaAe'AAMAA alline; el zalinst v Jaied V sal!]e, seuenb!13 . ' ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS CONDO ASSOC INC ALVARADO ANTONIO & BEATRIZ METRO DIST C/O CONTROLLER PO BOX 878 715 W MAIN ST 0075 PROSPECTOR RD ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 BUILDING 7 LLC ASPEN SKIING COMPANY LLC BIGGINS KENNETH MARK C/O ASPEN SKIING COMPANY PO BOX 1248 0115 BOOMERANG RD #5406 PO BOX 1248 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 BURROWS HUGH & SARA BUYSSE MICHAEL & ANIR CHAUNER RONALD M 0115 BOOMERANG RD #5106 0115 BOOMERANG RD #5107 PO BOX 8782 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 DAANE OLIVIA Q & DEWEY DANIEL ROBERT JR DASARO ROBERT A JR & STEPHANIE L 0199 PROSPECTOR RD #3106 517 E HOPKINS 0039 BOOOMERANG RD #8122 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DELAK ERICA DOMOSZLAY KATALIN DUNN MICHAEL & SHERRI 0199 PROSPECTOR RD #3102 0115 BOOMERANG RD #5410 0115 BOOMERANG RD #5102 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FADALE JENNIFER B FAGAN CHARLES D FEHER LAWRENCE D PO BOX 3653 PO BOX 1107 0115 BOOMERANG RD #5404 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 FERRARO JAMES JR & JAMI LEE GOSDA HEATHER GRAUER DONNA 39 BOOMERANG RD #8124 0199 PROSPECTOR RD #3110 517 E HOPKINS ASPEN, CO 81611-4308 ASPEN, CO 81611 ASPEN, CO 81611 HALFERTY SARA HARPRO LLC HAWK JUDSON LOUIS 111 215 S MONARCH AVE STE 202 PO BOX 8769 507 LAKE CT ASPEN, CO 81611 ASPEN, CO 81612 BASALT, CO 81621 HINES HIGHLANDS LP JAWORSKI KAREN JOHNSON TEREE L 0133 PROSPECTOR RD #4111 39 BOOMERANG RD #8123 PO BOX 4884 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 KEATING CHRISTOPHER J & SUZANNE R KIKER KARI & JOHN R LAING JAMES M 0199 PROSPECTOR RD #3107 0039 BOOMERANG RD UNIT 8121 517 E HOPKINS ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 Â®09LSÂ®AUEAV~ ~1~] Tan:ea:I laad /[sea JO# Ja(jed Pea:I~ [IFi-1 Â®0915 319-ldl/\I310*23Av asrl liLLJ I laallS uoninnsul aes I v I liE siegel lead Asel . --:.-. ----:Ir +Uculoujeqi dp SU.,5 *09LS VAUdAV 4!Â·lelleu el zd~11!:r 1-UO)'AJaAe'AAMM all!na, el zalinsÂ°-- v jaled q sellie; sauanbil- LISMAN ADRIANA LYONS DAVID C LYONS MICHAEL '0115 BOOMERANG RD - #5308 0155 BOOMERANG RD #5409 1690 HOMESTAKE DR ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 MACHUCAJOSE MBEREKO ISAAC 1-P & LAUREN P MEYERSTEIN TRUST SIBRIAN JENNI PO BOX 10296 0115 BOOMERANG RD #5103 0199 PROSPECTOR RD #3111 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 MORSE ROGER PURCELL ERICA RANDEL LINDA 133 PROSPECTOR RD UNIT 4212 0115 BOOMERANG RD #5403 PO BOX 2603 ASPEN, CO 81611-3390 ASPEN, CO 81611 ASPEN, CO 81612 RITZ-CARLTON DEVELOPMENT RECH LAURIE & CHRISTOPHE REED TIMOTHY G & LYSA S COMPANY INC 0199 PROSPECTOR RD #3109 0199 PROSPECTOR RD #3105 6649 WESTWOOD CENTER BLVD STE ASPEN, CO 81611 ASPEN, CO 81611 500 ORLANDO, FL 32821 ROBERTSON JOHANNA ROCKY MTN CATTLE VENTURES LLC SAUDERS STEVE 0115 BOOMERANG RD #5405 300 S HUNTER ST 0199 PROSPECTOR RD #3104 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SCHAFER ROBERT P SHANKS ROBERT H SILVERA CHERIE R 0133 PROSPECTOR RD #4201 0115 BOOMERANG RD #5304 133 PROSPECTOR RD #4305 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-3391 SMITH SARAH SPOFFORD FRANK STEWART MILTON M JR & CAROLE C 199 PROSPECTOR RD UNIT 3112 PO BOX 2535 0115 BOOMERANG RD #5103 ASPEN, CO 81611-4306 ASPEN, CO 81612 ASPEN, CO 81611 TAYLOR JOSEPH W & NORA S THOMPSON JESSE THOMSEN CERENA E & CHRISTIAN 0115 BOOMERANG RD #5108 0115 BOOMERANG RD #5408 0199 PROSPECTOR RD #3103 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 THUNDERBOWL DEVELOPMENT CO LLC TUCKER AMANDA D UMBARGER MARK R 95 BARBER GREENE RD #305 PO BOX 1500 0115 BOOMERANG RD #5407 DON MILLS ASPEN, CO 81611 ASPEN, CO 81612 ONTARIO CANADA, M3C 3ED VAN CHASE LLC WITT PATRICIA WILLE RESIDENCES CONDO ASSOC 750 HEARTHSTONE DR 0115 BOOMERANG #5109 COMMON AREA BASALT, CO 81621 ASPEN, CO 81611 @09 1 5 Â®AUEAV ~ [-33 Tainieed lead 6523 Joi Jaded paa:IT FU-3 Â®0915 31VldIAI31 Â®/[Ja~v an [&233 1 jeal{S uoil,ni jsul aes . : [Â¥21 siaqel lead Ase3 V I THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: September 4,2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property are 0041.2006ASLU, 197 Prospector Rd and 2735-143-13-550, respectively. I will be handling this case. 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. 4. 5. 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 of the City of Aspen Planner reviewing the land use application. Â® Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. T~ank You, ~4 ' 0 ji m< c QikAÂ»Â«3 Jess w, Planner ' Ct) . 1, Community Development Department ij G:\city\Jessica\Cases\AHV PUD Amend\Commercial GMQS\Notices\CompletenessLetter_AHV commercial GMQS.doc August 8,2007 Jessica Garrow City of Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 Dear Jessica: Hines This letter authorizes Davis Horn Incorporated to prepare a land use application to change the use o f the meeting room in Aspen Highlands Village Building # 2 to a coninier cial space. Thank you. Sincerely, Robert E. Daniel Vice President Hines Cc: Glenn Horn ricCEIVED AUG 1 0 2007 ASPEN BUILDING DEPARTMENT 0133 Prospector Road Suite 4111 Aspen, Colorado 81611 (970) 920-1801 (970) 920-3829 FAX 2007 GMQS Allotments / Dâ‚¬l. Vttl ) Free Market Commercial NEt Lodging Residential Leasable Pillows 13 19,556 112 308 E. Hopkins (La Cocina) 2921 Aspen Highlands Village 650 300 Nicholas Lane (Centennial) 2 434 E. Cooper (Bidwell) 3 Remaining Allotments 8 15,985 112 Pl-3% 19 7 l/C , â‚¬/V\-0--E \ i 1 5 flit ex . 3 61Â« 00Â»j Davis Hornlus- PLANNING & REAL ESTATE CONSULTING August 13, 2007 Jessica Garrow City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Highlands Village: Substantial Planned Unit Development Amendment, GMQS Exemptions for Change in Use Dear Jessica: Hines Highlands Limited Partnership ( "applicant") is represented by Davis Horn Incorporated in this land use application. The applicant is the developer of Aspen Highlands (AHV) Planned Unit Development (PUD). Aspen Highlands Village PUD is located on Maroon Creek Road at the base of the Aspen Highlands Ski Area (see Attachment 1, Vicinity Map). Attachment 2, the Aspen Highlands Village Final Plat page 4, depicts the Blocks within the PUD. The applicant is proposing to amend approvals for land uses located in Block D, the Village Core. Attachment 3, Final Draft of the Aspen Highlands Village Detailed Submission Consolidated Plan sheet A005, is a part of the Site Specific Development Plan for the PUD. Attachment 3 depicts the buildings in the Village Core which are labeled as 2-8. The applicant is proposing to convert a 650 square foot meeting room - located Building 2 to commercial space. The applicant has met with the Community Development Department to identify the applicable land use reviews and process. Refer to the Pre-application Summary Sheet (Attachment 4) This land use application seeks approval for: 1. Planned Unit Development Amendment - Other Amendment (Section 26.445.100 B.) , 2. Growth Management Quota System Exemption for a Change in Use (Section 26.470.040 C.5.) 3. Subdivision - Other Amendment 26.480.080 B. ALICE DAVIS AICP $ GLENN HORN AICP 215 SOUTH MONARCH ST.Â· SUITE 104Â·ASPEN, COLORADO 81611 Â·970/925-6587 Â·FAX: 970 925-5180 adavis@rof.net ghorn@rof.net Jessica Garrow August 13, 2007 Page 2 BACKGROUND Aspen Highlands Village PUD received Final Plat approval from the Pitkin County Board of County Commissioners (BOCC) on May 5, 1998 - pursuant to Resolution 98-70 (see Attachment 5). According to recital # 3 of the Resolution, the plan summarized in the Aspen Highlands Village Detailed Submission Consolidated Documents, September 1997 constitutes the Site Specific Development Plan for AHV PUD. The Site Specific Development Plan calls for the development mix listed in the BOCC Resolution 98-70 recitals (see Attachment 5). Section 21 of the Subdivision Improvments Agreement for the Aspen Highlands Village PUD establishes that upon completion of the phase 1 capital improvements, the AHV PUD Site Specific Development Plan will "be deemed vested in perpetuity (see Attachment 6) . The phase - 1 capital improvements comprised of the installation of utilities and roads in the Maroon neighborhood, AHV PUD Block G. These improvments have been completed for many years: consequently the AHV PUD approvals are "vested in perpetuity. " The Site Specific Development Plan includes approval for 32 four bedroom townhouse free market dwelling units. Sixteen townhouses were approved for Block C and 16 for Block E. Prior to site development, the applicant determined that the site plan for Block E could be improved by eliminating one of the townhouses. Attachment 7, the AHV PUD Block E plat, shows that there are only 15 townhouse located in Block E: townhouse 11 has not been developed. This land use application proposes utilizing the credit to offset any required amount affordable housing mitigation should it be determined by the City of Aspen that housing mitigation is required for the Change in Use. However, it is shown in this application that the Change in Use,*in fact A results in additional housing credit for the applicant. Housing mitigation is not required. The City of Aspen annexed the AHV PUD in April of 2000. The annexation agreement called for the City of Aspen to recognize the Site Specific Development Plan approved by the Board of County Commissioners and the AHV PUD vested property rights. Condition # 16 of BOCC Resolution 97-67 which approved the Site Specific Development Plan (see Attachment 8) reads as follows: FAn audit of Full Time Equivalent Employees shall be conducte~ ~ at the applicant's expense one year after completion of Phase ~ Jessica Garrow August 13, 2007 Page 3 Four. The applicant shall be responsible for housing ~ mitigation or any employee generation over and above that contemplated at the time of Detailed Subdivision approval. If the required audit shows a reduction in employee generation the applicant may seek a credit to be used on other Pitkin4 County projects." .-4 The applicant completed the employee audit in 2004 and it showed that the applicant was entitled to a credit of 14.89 Full Time Equivalent Employees (FTE's). The Aspen/Pitkin Housing Authority approved the credit at a May 5, 2004 meeting (Attachment 9). The motion of approval reads as follows: n "Guthrie made a motion that the Housing Board reviewed the findings of the audit and concluded that Hines Highlands Partnership has satisfied their mitigation requirement for the development of Aspen Highlands Village; that the audit concluded that there *is alacredit*of 14.89 FTE's;' Hines Highlands Limited Partnership may seek a credit of 14.89 FTE's to be used on other Pitkin County projects; and that at such time that any credits would be utilized that the credit be noted in a recorded document until such time as all of the credits are utilized." LAND USE APPROVALS This section of the application demonstrates compliance with the following Land Use Code sections. 1. Planned Unit Development Amendment - Other Amendment (Section 26.445.100 B.) 2. Growth Management Quota System Exemption for a Change in Use (Section 26.470.070 1.) 3. Subdivision - Other Amendment 26.480.080 B. Planned Unit Development Amendment (Section 26.445.100 B) This section of the application demonstrates compliance with Section 26.445.100 B. Planned Unit Development, Other Amendment. The Code requires the City to find that the proposed amendment is consistent with or enhances the final development plan. The applicant will demonstrate that the application is consistent with the final development plan by addressing the PUD standards. Jessica Garrow August 13, 2007 Page 4 Standards appear in bold followed by the applicant's response. A. General Requirements 1. The proposed development shall be consistent with the Aspen Area Community Plan. Aspen Highlands Village PUD is a mixed use development located at the base of a ski area. Pitkin County and the City of Aspen both found during the land use review process that the PUD is consistent with the AACP. Attachment 5, BOCC Resolution 98-70 recital # 3 shows the approved land use mix for the PUD. The changes in the land use mix proposed in this application are insignificant. The conversion of a meeting room to commercial space will not significantly change the mix of land uses in the PUD. The PUD will still be consistent with the Aspen Area Community Plan (AACP) . 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The proposed PUD amendment is consistent with the mixed uses in the PUD. Refer to the mix of uses in Attachment 5. 3. The proposed development shall not adversely affect the future development of the surrounding area. There will not be any impact on the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. An GMQS exemption was granted for 16 free market four bedroom townhouses to be developed in Block E. Attachment 7, the Plat of Block E shows only 15 townhouse units have been platted Block. One unit has not been built. Jessica Garrow August 13, 2007 Page 5 B. Establishment of Dimensional Requirements la. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed changes are predominantly internal as there are no new structures being developed. The character of the surrounding area will not be affected. lb. Natural or man-made hazards Natural and man-made hazards will not be affected. lc. Existing natural characteristics of the property and the surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Existing and natural characteristics Will not be affected. ld. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. There will not be any impact on surrounding noise, traffic, transit, pedestrian circulation, parking and historical resources. Please refer to Section I.2 of below for a discussion of automobile impacts on the road system resulting from the proposal. 2. The proposed dimensional requirements permit a scale, massing, quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and the surrounding area. Existing internal areas are proposed to be converted. There will not be any changes to the existing dimensional requirements. Scale, massing, open space and site coverage will not be affected. 3a. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The probable number of cars used by those using the proposed development including any non-residential land uses. Jessica Garrow August 13, 2007 Page 6 There is parking available to accommodate the commercial space The Final Draft of the Aspen Highlands Village Detailed Submission Consolidated Plan (Site Specific Development Plan) includes Table 8, Off-Street Parking Plan (see Attachment 9). The Aspen Highlands Village Detailed Submission Consolidated Plan identifies 58 parking spaces in the Village Core to be utilized by Village employees. 3b. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The varying time periods of use, whenever joint use of common parking is proposed. Joint use of common parking is not proposed. 3c. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The availability Of public transit and other transporation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. There is an extensive public transit program in place to serve the PUD. An auto disincentive program was implemented to serve the PUD. 3d. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The proximity of the proposed development to the commercial core and general activity centers in the City. Aspen Highland Village PUD is approximately four miles from the center of Aspen. Aspen Highlands Village is an activity center in the City of Aspen. 4a. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: There is not sufficient water pressure, drainage, capabilities, or other utilities to service the proposed development. There are adequate utilities in place to serve the proposed PUD amendment. 4b. The maximum allowable density within a PUD may be reduced Jessica Garrow August 13, 2007 Page 7 if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. There are adequate roads, fire protection and snow removal to serve the proposed amendment. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. The new commercial space will be located in Building # 2, an existing building. 6a. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: the increase in density serves on or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. The applicant is not proposing to increase the density of development. 6b. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. The applicant is not proposing to increase the density of development. 6c. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development Jessica Garrow August 13, 2007 Page 8 pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land use and characteristics. Residential density will not be increased. C. Site Design The standards in this section are not applicable to the proposed PUD amendment because there are not any external changes being proposed to the Village Core. The Village Core is designed and constructed. D. Landscape Plan The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels and with existing and proposed features of the subject property. The proposed development shall comply with the following: D.1. The landscape plan exhibits a well designated treatment Of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Changes to landscaping are not proposed. D.2. Significant existing natural and man-made site features which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Landscaping changes are not proposed. There will not be any external changes to AHV PUD. D.3. The proposed method of protecting existing vegetation and other landscape features is appropriate. There will not be any changes to the existing vegetation. E. Architectural Character Jessica Garrow August 13, 2007 Page 9 The standards in this section are not applicable to the proposed PUD amendment. The buildings in the Village Core have been completed and the exterior of the buildings will not be affected by the proposed amendment. F. Lighting The standards in this section are not applicable to the proposed PUD amendment. The lighting plan for the Village has been completed consistent with the AHV PUD Guide. The proposed amendment will not affect the lighting plan. G. Common Park, Open Space or Recreation Area Common areas, open space and recreation areas will not be â€ž affected by the proposed amendment. The standards in this section are not applicable to the proposed PUD amendment. H. Utilities and Public Facilities There will be little, if any, impacts on utilities and public facilities resulting from the proposed amendment. I. Access and Circulation The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: I.1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to a public or private use. Each structure in the Village Core has access to a public street. Attachment 3 depicts the relationship between the buildings and the street system. I.2. The proposed development vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Jessica Garrow August 13, 2007 Page 10 There will be a negligible change in traffic patterns. I.3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. There will not be any changes in the relationships between the existing Village Core buildings and the trail system. Trail easements were dedicated to the public in the original PUD approvals and public trails were constructed and dedicated to the public. I.4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposal will not affect the AACP trails plan. The applicant implemented the Revised Maroon Creek Corridor Detailed Transportation Plan as part of the AHV PUD approval process. The Plan is Appendix 2 of the Aspen Highlands Village Detailed Submission Consolidated Plan. I.5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The streets in AHV PUD are privately maintained and available for use by the public. The land use proposal will not affect access for the general public or emergency vehicles. I.6. Security gates, guard posts, other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Streets within the AHV PUD are not gated. There is a gate and a fee to enter the skier parking structure during the ski season. Residents and employees parking in the residential and retail employee garages use passes to enter the garage. Ski passes are required to pass the entry gates for the Exhibition and Thunderbowl chairlifts. Jessica Garrow August 13, 2007 Page 11 3. Phasing of Development Plan The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phases are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The applicant anticipates development upon approval of this applicaiton. Phasing is not proposed. Growth Managment Quota System Exemption for a Change-in-Use Section 26.470.040 1. This section demonstrates compliance with the standards in Section 26.470.040 1. of the Land Use Code. The applicant proposes converting the existing meeting room space (Condo Unit C-2103), located in Building 2 to commercial space. The City of Aspen issued Certificates of Occupancy (CO) for the spaces in Buildings 2 more than two years ago. Attachment 10 is a copy of the CO for Building 2. 1. Sufficient growth management allotments are available to accommodate the proposed development pursuant to Section 26.470.030.D. The applicant is seeking a GMQS exemption to thang<thefise off the 650 square foot meeting room to commercial space. The City staff has indicated that there is available commercial quota. 2. The proposed development is consistent with the Aspen Area Community Plan. Aspen Highlands Village PUD is a mixed use development located at the base of a ski area. Pitkin County and the City of Aspen both found during the land use review process that the PUD is consistent with the AACP. Attachment 5, BOCC Resolution 98-70 recital # 3 shows the approved land use mix for the PUD. The changes in the land use mix proposed in this I application are insignificant. The PUD Will Still be Jessica Garrow August 13, 2007 Page 12 consistent with the Aspen Area Community Plan (AACP). 3. The development conforms to the requirements of the zone district. The proposed Change in Use is permitted in the SKI zone. 4. The proposed development is consistent with the Conceptual Historic Preservation approval, the Conceptual Design Review approval, and the Conceptual Planned Unit Development approval, as applicable. The Planned Unit Development approval is the only applicable i approval. The proposed change is consistent with the PUD approval. 5. Unless otherwise specified in this chapter, sixty (60) percent of the employees generated by the additional commercial or lodge development, according to Section 26.470.100 A, Employee Generation Rates, are mitigated through provision of affordable icing. The employee generation mitigation plan shall be approved pursuant to Section 26.470.070.4, Affordable Housing, at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An Applicant may choose to provide mitigation units at a lower Category designation. The existing space in Building 2 which is proposed to be converted to commercial space was approved as a 3,000 square foot Condominium Meeting Room. Based upon the data in the September, 1997 Aspen Highlands Village Detailed Submission Consolidated Plan, Table 11, approximately 2.1 FTEs would need to be housed to mitigate for the space in Building 2 (see Attachment 11). This mitigation has already been provided as part of the AHV PUD on site affordable housing program. Section 26.470.100 A.of the Code indicates that the employee generation rate for commercial space in the SKI BASE (SKI) zone district is 4.1 employees per 1,000 square feet of Net Leasable Area (NLA) commercial space. The Aspen Highlands v Village*Detailed ..Submission ~ Consolidated Plan, Table 11' Iindicates that NLA is 80 percent of total space. Based upon this standard the 650 square foot meeting room will contain approximately 520 square feet of NLA (650 sf x 80% = 520 sf of NLA). It is projected that if the meeting room space is converted to commercial space it will generate 2.13 employees / (520 sf x .0041 generation rate = 2.13 employees). The total Jessica Garrow August 13, 2007 Page 13 I number of employees required to be employees housed to offset/ the commercial space would be 1.34 (2.13 employees x 60% = 1.3) Since the applicant already provided housing for 2.1 FTE's when AHV PUD was developed, the applicant is entitled to a credit of .8 FTE's as a result of the proposed Change in Use. The applicant requests that the housing credit be added to the housing 14.89 FTE housing credit which resulted from the 2004 housing audit. Therefore, the Change in Use will result in AHV .PUD have a total housing credit t:2*15.69*FTE' s (14.89 FTE's + .8 FTE's = 15.69 FTE's). 6. Affordable housing Net Livable Area, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to at least thirty (30) percent of additional free-market residential Net Livable Area, for which the finished level is at or above Natural or Finished Grade, whichever is higher. Affordable housing shall be approved pursuant to Section 470.074.4, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Affordable Housing units that are being provided absent a requirement ("voluntary units") may be deed restricted at any level of affordability, including Resident Occupied. The preceding standard is not applicable because additional housing is not required. The Change in Use results in a housing credit. 7. The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. The Change in Use will result in negligible, if any, impacts on the services identified above. Jessica Garrow August 13, 2007 Page 14 Subdivision - Other Amendment 26.480.080 B. This section demonstrates compliance with Section 26.480.080 B. of the Code. B. Other Amendment. Any other amendment shall be approved by City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. The proposed Change in Use is an interior re-model which will have no effect on the approved Plat. Plat changes will not be necessary. SUMMARY This land use application has demonstrated compliance with the section of the Aspen Land Use Code identified in the Pre- application summary sheet. The following list of attachments is provided to assist in the review of the application. 1. Vicinity Map 2. Aspen Highlands Village Final Plat,page 4 3. Final Draft of the Aspen Highlands Village Detailed Submission Consolidated Plan, sheet A005 4. Pre-application Conference Summary Sheet 5. Board of County Commissioner's Resolution 98-70 Granting Aspen Highlands Village Planned Unit Development Final Plat Approval 6. Subdivision Improvments Agreement for the Aspen Highlands Village PUD 7. Subdivision Plat of Block E, Aspen Highlands Village PUD, Townhome Residences Maroon Neighborhood, Phase 2 8. Board of County Commissioner's Resolution 97-67 Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review and Special Review Approval to The Jessica Garrow August 13, 2007 Page 15 Aspen Highlands Village PUD 9. Minutes of the May 5, 2004 Regular Meeting of the Aspen/Pitkin County Housing Authority 10. September 1997 Final Draft of the Aspen Highlands Village Detailed Submission Consolidated Plan Table 8, Off-Street Parking Plan 11. Certificate of Occupancy for Aspen Highlands Village PUD Building 2 12. Aspen Highlands Village Detailed Submission Consolidated Plan, Table 11 13. Letter Authorizing submission of land use application 14. Fee Agreement 15. Proof of Ownership 16. List of Property Owners located within 300 feet and 17. Land Use Application form. Please contact me at 925-6587 if I can provide any additional information and or materials. Thank you for your assistance. Sincerely, ~~N~INCORPORATED U GLENN HORN AICP AHV.07A S-01-11.VU]Jol Egoom,-st Attachment 1 ATTACHMENT I 1 2 1 1 . ... ,----- /""I-/ 1 .....2-3/ 7 C r 'JU 1 W## 4 Â· . 3Â¥.0 k- , I: i . 7 -Â®,ir 1 I . Site ..S .1 1 ..1. Vicinity Map N.T.S. 800-322-3022 Form ATT-10-S Attachment 2 f \ - \i '-fet- I . J 4 , 9 â€ž,75<484. / Il ---â„¢UJUY- Â»52Â·'~~ quiE 1 -7- 32= 1 --- - /- Parcel 'A' 0 x -,1'tr,\ ~ ,<~~4..242 ~ ~6~ Asp - 410" -nar \ Â£ 6/ - - 1 01 4, Â£'.-1 14,0 / ' Block= 9 -4 SU ATTACHMENT 2 i == 0% (.. V ..,3 ('. CÂ¥. 2.652 ac. \ 1 # 9, j 1 $-{ 1 1 74. - 3 2 y '0, , 4/i 4 r ----41 ...1 21*' 1 / 3 f -Cler7---414 0 *I )~1 /Â» ~ f . 1 Ot,111 / \ \ 7 /3 1 i,na :53 :12- 1 6,00 /# f \ 3 1 1 1 / 27"T//1119-&/,7/nETII----I---1 *AJJI I~~ - orre/ \ / #4,0/ 7 9 \\\ 1 1 1 V . ~A / ...3. ' 1 Plock C x< 1 / 1 1 1 1 --44. ~' (-44~- 2.7 17 ac. 4 o.on! ac. 2 \ , 40.&/ E u.194 \ ~ 1 /3 parcel ,7 1 A / â€žm- 2 90./ / 49. / 8 .C \ libL *$- -â‚¬â€¢1~ te i \ Â»M-3--:=244 / T Gk~:C'~~63&-- 4 ~ r 4. Q.. , 47 I .I.0 .,3, 0/11 \ 1 -4.J O 1,21 / r , \ ..1334 4# -14 1-/.....li 1.043 ae. ~ -~~9Â« . I C..man Ar- 24 Â«A , b l- 1 d &13 1 0 - P 1, 0377 f 1 . 43// 2.#V' 11 *1 // 4\91Â« Â»,2/ Ski Ea-=-St w J - a .,0 1 - 21Â¥ - 0 6â€¢ "W I \ - 5 1 ... . 2.1 / 41.0 1 35- / 4/2 5 - -- 4 L.. 7 d.* U X / 454 l.4 0 d.,1 C \ U.,0 dej 0 ~00 4 ' t!40 Block E i 1 0 0.'. -- -f s , 231 . \\ L-1 'I 4 41/ 2 tal 2.716 .c. ~lk ./ N 11'. 1 7. A . - ;5 a... Block H b 1. 'J )4'~ ~ ---- 7 0/9, U~ U 16.3 , 5 10 L.0 ., 1- 1Â¥ t L- LI , 2% 1 1 + CA-'Ill ./.- '/1 8.246 ac. L- 0 1â€¢U L- F f i / 1-1 \ , 0 -, .1 - \ 1. i --t, a '. 6 - - er, 91.- -Il---1. 2 a ~Ar El 1% 5 12.435 acifM.,5< Ski Easement r - 41,4 -A IJ~ 7 /\1 2 A ) 6 - . 12 86 -I 11 9 1 8 1 7 1) ~ 1% - \ Common Area iA 4 52 . 1/ 4 \ 1 \ .-Â· Easement 1 t-- m -.- SCALE. 1 -= ' 20' - 2/,7 . \ /1\\ 9- -11 k-10 L- 1- 6 me / \ 2 \ Parcel 1, 3 0.04.4 ac., ,#- \\ -ae / I 1 - 9.11::: 0 +Ar.... \ GRAPHIC SCALE Â· li 2 -22 9 wilÂ©Ekf,-0-37 - l~ 1 , 77.11.Â· 18.653- 47 F ,GT '\ 4/-1~5 | Aspen Highlands i / 41 Â»/ 1 1 Ski Area CUBT -AERI Leâ‚¬ \ C*tnall LOON Of \ 0)~ * LEâ‚¬â„¢ \ i 4/ 1 . U. TAXE LmE TAX-E \ A i Common 1 1 2 â€¢,â€¢ti' I !0727- ' 119,- 1 108-,1 1,Sal',TW'rl ?4'1CÂ·00- u J ,arB Mr , Tz'â€¢ 1 Â£â€¢1 1 0.'.7.7- 1 3.17 7 4 Afea 4G 12 - 3 ' 7 13~ .367.04 1 721-94' m 34, M VreÂ¢777 1 55-1â€¢38- al'/f- 1 :I/*S L.D=N 1 ;-<W I 00- 1 IN.. 1 JUG L.2 f Sar75~00Â¥ ; 11= Lâ€¢' 1 MIN""77. 1 'gll a L .20'5â€¢787 -4,1 Â£,0 1 *e,55Â·007- 1 -' " 1-- fi <16 z /1 f & â€žâ€¢ 91- ! 71 1,- â€¢'87- Inor t 577-40"CÂ¥ inlir a j 2388 -3- E Imite-4 CO :43,7- t Iliz- 210,Â· m .31ar 1 â€¢78,00â€¢ - irr,Â·Mr- \ 61 4,4-,~70Â¥ L., 1 -58-54 '5&10- 1 1, cy 70-3,- i =37-c==1â€¢ -00Â·or 1 .7 41/1211/ 0 1 VÂ·\ 2=00 1 31 22- ' 41" \ 'ac. 4.0-rs,Dr. '5.3,31- MP-35777 21.,1 '170 114 23 3*A '-*2 0 I r-- - .e- 1 1:75//T 30'44,3 !- Lt] 44,;17â„¢ 7147 L- CV,0-00Â¥ t â€¢4-'4 7 'HM- 1 9{18'- ~ 1 Mar-oon Creek Road 16 1 A / cio . roao, 1 B Jr \ 'a.27Â· \ 20-3,1 . â€¢,râ€¢â€¢'trr i r.0031- Ll' TI1flry 24'2 . L.51 *traFHT i Jam M U / cÂ·'' 1 131.' 1 751."- 1 7.2,0 1 "17, 1 211477.T .7~lÂ·â€¢U- /13 gr=74 7 441 . 1. ..21=T / .01 r \1/ / 3 â„¢2 75- \ 1 5142Â· TRI,- 1, 1 502, ' 2772.337 wt.SW L 11 4,~2413'r 74.5, L.50 SM)3-007 1 77.90 J C,; I 9200- ' 7.1Â·15- 'ljuÂ· 1 27ar i t,17,47Â·r 60,40.- (f. -='m7/ 07â€¢ ' now ' .sl,r ' nir * Jaar \*ariâ€¢â€¢,v ina-Â«r Lms 481-16,6-7 1, 1221 1; - -1 433.7 1-5- ~ Common 3 3/:/ S- 1 4 freEL Li// I (18 1 7700Xy ~ 7140- 4 Jaor \ ilâ€¢ .1 ror,4 7 2Â·107 LU FreÂ·Derl 773, 1 c.3 1 ./accr i z=zor 1 '5/'. 1 2'ur li"mr=, 0/%... clâ€¢ :SZ,&%: H./. 1- :*2:55&; .41 1 Area 5G kh. (=I 't'-'.'.- ... \ "5 2 1132r ' '01Â·W 1 2"2- \ Tona,Â· \-r,271-r 27-*rer i,1 'C~70-1 1.F 9124 1 LU 5:X,-7 1-197Â· 1 92~oon Common Area JG l 11 C" 1 21.- , tâ€¢ler ,;15 =ZT==I LID Â¢37-37 -4.Â¥ 9.11 l Cls , 2,727 1 '117 6. '11 C.20 u 7 2,- 2 7 /146- 2 39.,4 , 14 i.r ~ 41052,30-r J,n,73- r =2 NVVI~,3 Â¥ &127 L.1 20,701Â·00-r 1 37 LL_ _16*_ *06-31'007 1 37 M 1 13 < 1,71 :l oor \ 21.14 , i 12- " 5. str'LAT Botr37- 91 1 lo 00- \ 51Jr ~ *' 'Cr 8, 6.- \ 2/TO ToÂ·W fir:,r,-_ Q E E % 4-aii@-2~MET-* 1 8/ CZâ€¢ ' 1,/ 73- / 277_.pr - '73/r A:liÂ· 1~yAQWN~ *:CID- 1 16 125 20.1.3 1 L 77 3 7,- U.7 â€¢erâ€¢,i,T Suo IM__s,r,INT 1 3,11 Le r,ryntÂ·r \ "M- 214â€¢y ...llc_ ug %47Â·3,=T JI '2 -22.--11,171991Â£1--~ \ / Jcs,r aa.r i 5/3'N .5-Â¥ i n", - Ul -fis-II T 6,4.99 w N,r,Â·roo, , 4 5-I C27 1.'COM I - .1"r 20. 12,30-1 57 73-C~.3.- , La -1-8â€¢For 0' 1-F/_40 I f: ~ t- - -13.7-L47 7:lt Z . '.*'7,/7 3 0, 1 7,1 n. 1 =gr =0 "i ' Jl â€žA. I'll,4. ..r,WT i.â€¢vocr 6-13 1~-H *07Â». 3.- -75-3 --./11/am C.12 ' 4,8 'r'7,1 ....r 04 =r=Â·01Â¥ 54 /8 2,3 . . *2,1-211&-1 1 20 1 #aor !â€¢, O. ...1 LU NOâ€¢17117 '120' in . , *-9 liall-ini--1 1 4, U/ 2,18-247, ./' .70 grfâ€¢ /1-Z- 1 , 1./ J ,- L I â€¢Pu'll C-13 37,1 77* \ 'U Jr %2. . (-30 1 :,in \ p luo .7 taÂ· _3--_.2TI~113 t ;â€¢9â€¢_1 - ./ 10 U. 6 .9,1 ... 1 h â€¢.--- - - A 0,~- -- ~ e- / 1 20911 ,â€¢-4 IN - 40" 55 0, i â€ž.09 $ 1,=r 1/I Mil' ' r '-/. If# r .t ; 1 0'u 19,â€¢ \â€¢tror,rt -1Â£12- , t.. - 2-14 \ 3".31 f M 5/ .er,11]07 .... '15 27' 77.1 9." 1 (115 1 ao,0- WIT 2.,1. Â¥117' Iâ€¢~757911 ...20.:Â· 17 M,3'ar,t~r MU (.. 1 . I EN<,Nt ERS e r uM 1 211./p,â€¢ 22 1 5GM SUR'E VOAS ~-~'1 15'St[effilf,JA:J;E CER INC. . j Inâ€¢ION Arr *53;> Clerl.nod '-orinfls, Colorr,clo ril601 OiJâ€¢,1 SER (970) 945-,004 (VA i .45 -714111 - 0~.---- u -1--C ) Aspen Highlands Vill:iKe PIJD Final L 'Â·01'00â€¢â€¢ w w Afoeâ€¢ Colorr?co 1 770) 920 -4727 . Plat 10(. Â¢'JH 1 TIC.. 1.0 S-0 Plly U]Jod EZOE-ZE[-OGr Attachment 3 / / I , Â¢ ./ i l/ ' ~ ATTACHMENT 3 -- i -- I \ I ---- L ----- // / 1/' I I . / I I \ / / I \ . / 1\ \ . 7, / 1 1 1 \ // / 1 -: 1 % / / \ . / 1 - 1 L ./. / 1 N fi / /. / . 1 /0/ - \\ r . 1 \ li / .- / l . / . / r -\ 1 -- < - I 1 1 3 / --------0-----------4---------- --- L . / 1 - A ...Il-/0.0 -- -- ------------- 1\ mu-----. - - - r- - -1 CS {Fr~ _/ 4 - - 2 -- ' pS 2.1014Â»- - \ 41 - 1.\ - : rix , ~ !< rÂ© 9 1 24 4-/-2 /11 ' 1 5 KEY PLAN \LJ , 4 3%-f - 1 j 1 1 =1 ' --V - , 9 - 1 1 1 Â£----z i -- -1 1-1 Ly]/ - \ 1 121 ----- M -- ---- 12'-0--- . %474=4-~ . -- - - I ~3 MLY,/2, h *51 11 . - . 03~3 0 7 - ----- - -- -- - --- - 4 VILLAGE ROAD 1,1 -----Â» 1 . , 1 C 1//- -- ' M . j - -4 , r / t - I - 7=====I ,/ / 61.1 1'**r 5- -a -.- r /57 g>.%,0,Â·<GE \ 1 Z 44Â» ' -# fl Â«942, - - â€¢ .2 l f-,41 . ./ --1 - X 1/ \ 1 E tr - 51' B 6,/ : 1 Ck <Lill .53>A-.S: 4.1% 4, :- -9- --- * C.... ----r .A i \ ~ / Â·~' 1 .-i .- - . 9/ -_ - -L -I ( / 1 1 7% -- 51 2-262+ - LaÂ« *, ab----4 ---- - \ .-- 1. - f . / 9. 1 ... 1 \. K --7--~'JTRANSIT D ROP-OFF -- - - * 1 --- --- /1 - ASPEN HIGHLANDS -1 // 31\ --- - ,\ rl ~ ASPEN. COLORADO 0-- /1 ti P<---21- Al <--C_A B___D_R_OP_Q.f_f_/ -- ROBERT A.M. STERN -- ARCHITECTS 1 -- - -- - -- DAY SKIER PARKING 4\ . 1 , 10\ 460 81 ST 348 STREET. Mr. W YORK- NY I 000! TO-4212)967Â·3100 FAX(212)967-5588 - 1 ---- 1 St H /1.1 4/ G./.0. 4, Â¥1/ 9,/ , 1...1- 1 C.câ€¢*cco I. ..G~ 2 5.3, 1 1. ..} 9â€¢5-'90~ U \ 5 :1 . \ 0 . 1 VILIAGE CORE 1/ ,; 1 1/ 1 ' SITE PI.AN 1 1 4 ,2 1 1 - \ I ---- --0-----0 ----0--------i.I---------------- i i -- 3 .\ ---- - Â«A=.I====0-Al----* r 2 ~. U - . j it - ---MARO-0-1\'CREEK ROAD -- - A()05 - -- - .--- - 1-- - -- r -rm. n S-01-11Â¥U]1103 JEOE-EZEÂ· 008- [ 03 ud#~~ Attachment 4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY ATTACHMENT 4 PLANNER: Jessica Garrow, 429-2780 DATE: 5.21.2007 PROJECT: Aspen Highlands Village, - REPRESENTATIVE: Glenn Horn Davis Horn, Inc. Tel: 925.6587 DESCRIPTION: ' The Applicant would like to amend their PUD to convert a Condo Meeting Room Space in Building 2 to Commercial Space. This required a PUD Amendment as well as a Growth Management Review for a Change-in-Use. In the past, the Applicant has indicated that they have an existing credit of 14 FTEs for the Highlands PUD. Proof of this will need to be provided in the '_ Application. Should the Applicant wish to use this credit as mitigation for the Change-in-Use, the Applicant will need approval from the Housing Department. This pre-application conference was conducted before any proposed changes to the GMQS Chapter of the Land Use Code were passed. Should the proposed changes pass, the Applicant will be subject to a Change-in-Use review, which is a minor GMQS Review with the Planning and Zoning Commission. Further, the Applicant would be able to submit this application at ' any time during the Growth Management Year. The Applicant is advised to check with Staff prior to submittal of this Application to determine what changes may or may not have occurred under the Growth Management Chapter (26.470). Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445.100.B PUD - Other Amendment 26.470 Growth Management (Change in Use) 26.480.080.B Subdivision - Other Amendment http://www.aspenpitkin.com/depts/38/citycode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - Planning and Zoning Commission for PUD Amendment, GMQS for a Change-in Use - City Council for Subdivision Amendment - Public Hearing: Yes at P&Z for PUD Amendment and at Council 2nd reading of Ordinance, Referral Agencies: Minor Housing Referral; $204. Planning Fees: $2,820 for 12 hours of staff time. Additional time is billed at a rate of $235 per hour. Total Deposit: $3,024 To apply, submit the following information: O Proof of ownership with payment. Il Signed fee agreement. Â¤ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Total deposit for review of the application. 0 11Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 Â£ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 0 Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing 0 Copies of prior approvals. Il Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. D Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: ~ The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. S-O 1-11Â¥ ll]Jod 22OE-ZZE-008-1 60 Attachment 5 ATTACHMENT 5 - A RESOLUTION OF Vt - BOARD OF COUNTY COMMISSIONERS OF fr, i F Â·N COUNTY, COLORADO, GRANTWG FINAL PLAT APPROVAL TO THE ASPEN riGÂ·ESC :ANDS VILLAGE PUD Resolution No. 98- 7 7 Recitals 1. Applicant, Project Location, and Approval Requests - HILP Mountain Limited Partnership, Aspen Highlands Mountain Limited Liability Company, Aspen Highlands Skiing Corporation, Whipple Van Ness Jones and Hines Highlands Limited Partnership, (hereinafter referred to as "Applicant") have applied to Pitkin County for approval of the Aspen Highlands Village ("AHV") project. The application specifically requests approval for Rezoning, Special Review, Growth Management Quota System Allotments ("GMQS") and Detailed Submission/Planned Unit Development ("PUD"). The Aspen Highlands Village site is located in the Maroon Creek Valley at the base of the Aspen Highlands Ski Area and contains approximately 70 acres. The parcel is more specifically described in Exhibit A. The Subdivision/PUD General/Conceptual Submission was approved with conditions as evidenced in Board of County Commissioners ("Board") Resolution 96-141. The Subdivision/PUD Detailed Submission was approved with conditions by the Board on October 29, 1998 by Resolution 97-/67 2, Existing Uses - The subject site is improved with the Maroon Creek Lodge three ski lifts and the Aspen Highlands Ski Area base area facilities and a parking lot containing approximately 742 off- street parking spaces. Existing buildings contain approximately 39,194 square feet of commercial space, 1,970 square feet of skier services, and 13 tourist accommodation units in the Maroon Creek Lodge. In the late 1980's Pitkin County issued a demolition permit to demolish the Highlands Inn which contained forty-nine (49) tourist accommodation units, 400 square feet of retail space and 2,500 square feet of bar and restaurant space. The Highlands Inn was demolished subsequent to the issuance of the demolition permit. 3. The Plan - The land use actions identified in tile title of this resolution are the third step in the approval process necessary to enable the Applicants to demolish all of the existing buildings at the base of the Aspen Highlands Ski Area and construct AHV, a new mixed-use village on the site. The plan summarized in the Aspen Highlands Village Detailed Submission: Consolidated Documents, September 1997 constitutes the Site Specific Development Plan as defined in Section 6-5.7. of the Pitkin County Land Use Code. The AHV Plan includes the following elements: . Thirty-one (31) single family detached free-market dwelling units CO of these development - 1 -4.5'.34 rights to be obtained through acquisition of TDRs), . Thirty-two (32) townhouse free-market residential dwelling units: Seventy-three (73) tourist accommodation units; Thirty-seven (37) Category 1 dorm units (housing 61 people); Twenty-two (22) single family Category 4 affordable housing sale units (4 bedroom); One (1) single family Category 4 affordable housing sale unit (3 bedroom); Twenty-eight (28)attached Category 3 affordable housing sale units (3 bedroom); Eight (8) Category 1 and eight (8) Category 2 multi-family sale units (1 bedroom); Two (2) Category 3 one bedroom rental units: Five (5) Category 3 rwo bedroom rental units; 1111111 lilli 111111111111 lili 1111111111111111111 lili lili 423268 10/15/1998 03:18P RESOLUTI DAVIS SILVI 1 of 9 R 46.00 0 0.00 N 0.00 PITKIN COUNTY CO 1- '232!ution No. 98-_Zf Page 2 . Ten (10) Caretaker Dwelling Units: *. Twenty-one thousand, six hundred (21,600) square feet of retail space (Net Leaseable Are:~~ "NLAD; Twelve thousand (12,000) square fuet of accessor-y skier services (NLA): ~* Fourteen thousand, one hundred twenty-five (14,125) square feet of restaurant space,~ (NLA): Three thousand (3,000) square feet of condominium meeting rooms (NLA); ,~' One thousand eight hundred (1.800) square feet of meeting rooms (NLA):3~ Two thousand two hundred (2,200) square feet of ski area storage (NLA): Four hundred fifty (450) parking spaces for the Aspen Highlands Ski Area: and Two hundred and thirty (230) off-street parking spaces for the affordable housing and tourist accommodation units and AHV employees. 4. Applicable Land Use Code - The Applicant submitted the AHV: General Submission land use application in June of 1993 and did not receive General Submission approval until March 13. 1996. In April of 1994, the Board of County Commissioners adopted a new land use code. By separate resolution (Board Resolution # 94-68), the Board established a policy for the review of land use applications which were in process at the time of adoption of the 'new" Code. Resolution # 94-68 specifically starts that "all active land use applications that have been submitted by March 16, 1994 shall be reviewed pursuant to the existmg Land Use Code". The term active has been established by the Board as meaning an application which is substantially complete and ready to be scheduled for review. Since the AHV application was not only complete, but had acmally been before the Planning and Zoning Commission and the Board of County Commissioners prior to March 16th. the Board found that the Highlands Village application met the criteria for an "active" application at the time of the adoption of the 'new" Land Use Code. In accordance with Board Resolutions 95-10 and 96-6, the Board and Applicant mutually agreed that all Growth Management Quota System (GMQS) allotments and exemptions would be processed pursuant to Sections 3-140, 3-150, 3-160 of the "new" Pitkin County Land Use Code. 5. Board of County Commissioner Review Process - The Board considered the AHV Final Plat at a duly noticed public hearing on April 22, 1998 and at a public meeting on May 5, 1998. 6. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant Final Plat approval for AHV PUD subject to the conditions listed below. ScI=al 1. All conditions and requirements of BOCC Resolution No. 96-141 and 97-167 shall be adhered to unless specifically modified by the terms of these conditions. 2. The applicant shall adhere to all material representations made in the application, supplemental materials, and in public meetings. 3. The applicant or development entity or successors and assigns shall be responsible for all material representations made in General Submission, Detailed Submission, Final Plat. the Aspen Highlands Village PUD Guide and the Subdivision Improvements Agreement (SIA). In the event of conflicting representations during the five year land use review process. the last representations made and approved by the Board shall control. 1111111 lilli 111111111111 lili 11111111111111 lilli lili lili 423288 10/15/1998 03:18P RESOLUTI DAVIS SILVI 2 of 9 R 46.00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 98- 71 Page 3 4. The applicant or development e.0.Ty or successors and assigns shall nOt transfer ownership of, nor wiil Pitkin County issue a building permit .or construction of any improvements on Lot 11, Block A and Lot 15, Block G until a Transferable Development Right Certificate for each of these lots is approved by the Director of Community Development. 5. Prior to the recordation of the Final Plat: a. The applicant shall provide a title commitment and a Phase 1 Environmental Audit for the property to bc dedicated to Pitkin County for the County Attorney's review and approval b. The deed for the property to be dedicated to Pitkin County must be accepted by the BOCC by ordinance. c. The County Attorney' s Office shall review and approve the Final Plat documents, an "agreement to serve" with the Aspen Consolidated Sanitation District, the Subdivision Improvements Agreement, the PUD Development Guide, the Subdivision Covenants, and an Improvements Maintenance Agreement for form and content. The PUD Guide and Subdivision Improvements Agreement shall be recorded at the same time as the Final Plat. d. Street names for the AHV PUD shall be reviewed by the County's Addresser to avoid duplication with other street names in the County. e. The applicant shall present a final plat and GIS disk meeting all requirements of the applicable Land Use Code for review and approval of the County Engineer, the County Attorney, and Community Development Department. NOTICE OF PUBUC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE IltkDAY OF AY~i \ , 1998. INTRODUCED, FIRST READ AT A PUBLIC HEARING ON THE 22ND DAY OF APRIL, 1998. APPROVED A>D ADOPTED AFTER SECOND READING ON THE 5TH DAY OF MAY, 1998. PUBLISHED ArrER ADOM'ION IN THE ASPEN TIMES WEEKLY ON THE [ofGDAY OF Ogtaber-,1998. 1111111111111111111111111111111111111111111111111111111 423288 10/15/1998 03:18P RESOLUTI DAVIS SILVI 3 of 9 R 48.00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution /: _ *1 Page 4 BOARD OF COUNTY COMMISSIONERS OF PITRIN COI~FTY, ~IP~12*f)O By 5207'>*â‚¬')L LitaL,Â«t Dorothea Farrip, C]~airman Date: / 0,//9,/4 r ATTEST: **13~ 50â„¢1 1.y#*Ce. 2 . 12-AN Deputy County Clerk APPROVED AS TO FORM RECOMMENDED FOR ADOPTION 0 1Â·72Â¢*~_4- /O.4.98 John Ely Cindy Houben Attorney Community Development Director P15-98 G: planning/pitkinicases/hightands/ahbvfpl,doc 1111111111111111111111111111111111111111111111111111111 423288 10/15/1998 03:laP RESOLUTI DAVIS SILVI 4 of 9 R 46.00 0 0.00 N 0.00 PITKIN COUNTY CO / LIA, ~ (97â€ži j45 '004 118 West Gth, Su:te 200 SCHMUESER .EFER= FAX (9701 945-5948 Â· Glenwood Springs, CO 81601 GORDON-YER 1111111111111111!1111111 lilli lili '11111111111111 lili lili 423288 10/15/1998 03:18P RESOLUTI DAVIS SILVI 29 May 1998 5 of 9 R 46.00 0 0.00 N 0.00 PITKIN COUNTY CO Job No. 92184b34.102 ASPEN HIGHLANDS VILLAGE P.U.D. PARCEL G A parcel of land situated in Sections 14 & 15, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, said parcel being more particularly descr}bed as follows: Beginning at the Sl/16 of said Section 14 from which the W1/4 of said Section 14 bears N 01 Â°40'43" E 1316.64 feet, with all bearings being relative to a bearing of N 89Â°39'34' W between the Cl /4 corner and the W 1/4 of said Section 14; thence S 01 Â°41'31" E 453.86 feet along the west line of said Section 14; thence N 80Â°52'09" E 452.17 feet; thence N 17Â°54'43" E 942.99 feet; thence N 17Â°31'08" E 206.40 feet; thence N 06Â°00'00" E 314.89 feet; thence N 90Â°00'00" E 239.32 feet: thence S 00Â°00'00" W 524.92 feet; thence N 90Â°00'00" E 7.13.15 feet: thence S 61 '49'54" E 51.12 feet; thence S 73Â°27'31" E 77.38 feet; thence N 7654'50" E 142.61 feet; thence N 68Â°12'21" E 101.43 feet: thence N 62Â°24'32" E 69.68 feet; thence S 72Â°47'25" E 129.53 feet; thence S 06Â°56'42" W 104.11 feet; thence S 85Â°18'50" E 361.49 feet to the east line of the NE1/4, SW1/4 of said Se ction 14; thence N 00Â°15'39" W 915.24 feet to the Cl/4 of Section 14: thence N 00 Â° 15'39' W 1.88 feet along the east line of the SE1/4, NW1/4 of said Section 14; thence S 63Â°00'53" W 365.98 feet; thence N 02Â°1 6'39" W 1 56.07 feet: thence N 76 Â° 17'06" E 81.70 feet; thence N 50Â°02'00" E 37.16 feet: thence N 56Â°31'00" E 57.09 feet; thence S 80Â°36'00" E 44.90 feet: thence N 71 Â°36'00" E 58.59 feet; thence N 81 Â°08'01 " E 77.51 feet to the east line of the SE1/4, NW 1 /4 of said Section 14; thence N 00Â°15'39" W 19.11 feet along the east line of the SE1/4, NW1/4 of said Section 14 to the southerly line of the Aspen Highlands Subdivision: thence S 81 Â°10'00" W 82.23 feet, thence S 71 Â°36'00" W 55.31 feet: thence N 80Â°36'00" W 47.81 feet; thence S 56Â°31'00" W 66.09 feet; thence S 50Â°02'00" W 30.00 feet; thence N 84Â°53'00" W 71.90 feet: thence 46.67 feet along the arc of a non-tangent curve to the left, having a radius of 60.00 feet, a central angle of 44Â°33'57% and subtending a chord bearing N 17Â°26'26" W 45.50 feet; thence N 20Â°30'00" E 40.34 feet; thence 1 34.51 feet along the arc of a curve to the left, having a radius of 522.51 feet, a central angle of 14Â°45'00", and subtending a chord bearing N 13Â°07'30" E 134.14 feet; thence N 05Â°45'00" E 12.70 feet; thence 155.33 feet along the arc of a curve to the right. having a radius of 378.77 feet, a central angle of 23Â°29'47", and subtending a chord bearing N 17Â°29'54" E 154.24 feet: thence N 60Â°45'16" W 60.00 feet; thence 179.93 feet along the arc of a non-tangent curve to the left, having a radius of 438.77 feet, a central angle of 23Â°29'24", and subtending a chord bearing S 17Â°29'51" W 178.67 feet; thence S 05Â°45'00" W 12.70 feet; thence 119.07 along the arc of a curve to the right, having a radius of 462.51 feet, a central angle of 14Â°45'00", and subtending a chord bearing S 13Â°07'30" W 118.74 feet; thence S 20Â°30'00" W 40.58 feet; thence 47.06 feet along the arc of a non-tangent curve to the left, having a radius of 60.00 feet, a central angle of 44Â°56'08", and subtending a chord bearing S 57Â°48'29" W 45.86 feet; thence N 63Â°00'06" W 64.17 feet: thence N 80Â°26"25" W 105.22 feet; thence S 36Â°46'06 E 91.55 feet; thence S 41'22'07" W 164.83 feet; thence N 78Â°19'00" W 29.77 feet: thence SE:jc\92184b34.102 I of 2 1- S 83Â°09'00" W 1 8.91 fee; thence S 56 Â°25'00* W 93.12 feet: thence S 64 -56'00" V, 20.18 feet: thence N 33'20'00 W 263.35 feet; thence S 49Â°36'07" W 48.22 feet; thence N 26 Â°11 '00" W 131.97 feet: thence N 46 Â°08'00" W 307.44 feet: thence N 38 Â°46'00" W 192.60 feet; thence N 47Â°35'00" W 133.74 feet: thence S 29Â°53'59" W 74.09 feet: thence S 73'02'31" W 87.19 feet; thence S 84Â°11'00 W 84.66 feet: thence N 49 Â°01'01" W 57.10 feet; thence N 22Â°32'01" W 54.76 feet; thence N 08Â°14'40" W 56.60 feet: thence S 05Â°57'55" W 132.06 feet: thence S 15Â°22'00" W 1021.21 feet: thence S 47 44'00" W 48.47 feet; thence N 55Â°12'00" W 315.12 feet to the easterly line of the Maroon Creek Road right-of- way; thence S 29Â°19'00- W 171.93 feet along said Maroon Creek Road right-of-way; thence continuing along said right-of-way 161.60 feet along the arc of a curve to the right, having a radius of 333.25 feet. a central angle of 27Â°47'02", and subtending a chord bearing S 43Â°12'31" W 160.02 feet: thence S 57Â°06'00" W 597.79 feet; thence 186.10 feet along tile arc of a curve to the left, having a radius of 266.56 feet, a central angle of 40Â°00'OIL and subtending a chord bearing S 37Â°05'59" W 182.34 feet: thence S 17Â°06'00" W 235.25 feet; thence 95.16 feet along the arc of a curve to the left, having a radius of 614.92 feet. a central angle of 08Â°51'59~ and a subtending a chord bearing S 12Â°40'00" W 95.06 feet: thence S 08Â°14'00" W 211.16 feet: thence 105.10 along the arc of a curve to the right, having a radius of 587.33 feet, a central angle of 10Â°15'10", and subtending a chord bearing S 13Â°21'33' W 104.96 feet; thence S 18Â°29'00" W 301.73 feet; thence 361.04 feet along the arc of a curve to the right, having a radius of 317.03 feet. a central angle of 65Â°14'58".and subtending a chord bearing S 51 Â°06'29" W 341.84 feet: thence S 83 Â°44'00" W 112.84 feet; thence 107.21 feet along the arc of a curve to the right. having a radius of 414.11 feet, a central angle of 14Â°50'00".and subtending a chord bearing N 88 Â°51'00" W 106.91 feet: thence N 81 Â°26'00" W 100.98 feet more or less to the centerline o f Maroon Creek; thence S 20Â°59'18" W 34.61 feet along the centerline of said Maroon Creek to the north line of the SE 1 /4, SE1/4 of Section 15. Township 10 South, Range 85 West; thence along the north line of sajd SE 1 /4, SE1 /4 of Section 15 S 89Â°52'28' E 639.87 feet more or less to the point of beginning, said parcel contains 69.579 acre s more or less. 111111111111111'1111111' 111111111111111111 lilli lili lili 423288 10/15/1988 03:18P RESOLUTI DAVIS SILVI 6 of 9 R 45.00 0 0.00 N 0.00 PITKIN COUNTY CO SE:Ic\92184b34.102 2 of 2 fr.HMUESER GORDON MEYER, INC ~ . fL -bG 1 M-- 118 West 6th, Suite 200 (970) 945, ti)t'14 SCHIUESER , FAX (9701 945-5 1 GORDON MEYER - Glenwood Springs, CO 81601 October 1 2,1998 Job No. 92184B34 Aspen Highlands Village P.U.D. Parcel 1 A parcel of land situated in the SW 1/4, NW 1/4 of Section 14, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly right-of way line of Maroon Creek Road whence the Wl/4 of said Section 14 bears S 78Â°25'01" W 265.45 feet, with all bearings being relative to a bearing of N 89Â°39'34" W between the Cl/4 corner and the Wl/4 of said Section 14; thence N 75Â°25'00" W 222.09 feet more-or-less to the centerline of Maroon Creek; thence N 54Â°43'33"E 151.42 feet more-or-less along the centerline of Maroon Creek; thence N 34Â°56'13"E 84.77 feet more-or-less along the centerline of Maroon Creek; thence leaving the said centerline of Maroon Creek S 18Â°30'00"E 208.50 feet more-or-less to the westerly right-of - way line of the Maroon Creek Road; thence S 57Â°06'00" W 270.86 feet along said right-of-way line of Maroon Creek Road to the point of beginning, said parcel contains 0.512 fi acres more- or-less. 1 lilli'111111111111111111111111 11111111111111111111111 423288 10/15/1998 03: 18P RESOLUTI DAVIS SILVI 7 of 9 R 46.00 0 0.00 N 0.00 PITKIN COUNTY CO Â·â€ž ..ENZZ~IS i.Â·g ,in, sits 1 70) 945-1004 - 118 West Â·21 3 ': 20... . 11*,f FAX (970) 945-5948 Glenwood Sprr 00. 0 October 12, 1993 Aspen Highiands Village P.U.D. Parcel 2 A parcel of land situated in the NE1/4, SE1/4 of Section 15, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly right-of-way line ofMaroon Creek Road whence the W 1 /4 ofsaid Section 14 bears N 04Â°30'10" E 840.94 feet, with all bearings being relative to a bearing ofN 89Â°39'34" W between the Cl/4 corner and the Wl/4 of said Section 14; thence along said Maroon Creek Road right-of-way S 18Â°29'00" W 14.24 feet; thence leaving said right-of-way N75Â°25'00" W 130.98 more or less the centerlinc ofMaroon Creek; thence N 06Â°14' 13" W 15.20 15.20 feet more or less along the centerline ofMaroon Creek; thence leaving the said centerline ofMaroon Creek S 75Â°25'00" E 137.35 feet more or less to the point ofbeginning, said parcel contains 0.044 acres more or less. l im lilli 111111111111 lili lili 1111111111 lilli lili lili SH:amumaroon crtâ‚¬k parcel 2 423288 10/11/1998 03:18, RESOLUTI DAVIS SILVI 8 of 9 R 48.00 0 0.00 N 0.00 PITKIN COUNTY CO -- I- I /140/NEEMS SURVEYORI bG (970) 945-1004 SCHINJESER - 41 West 6!h, Suite 200 FAX (970) 945-5948 aOADON-YER ?0,7 ood Springs, CO 81601 October 12,1998 Job No.92184834 Aspen Highlands P.U.D. Parcel A A parcel of land situated in the NW1/4 of Section 14, Township 10 South, Range 85 West of the 6Â°' Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at the W 1/16 of said Section 14, with all bearings being relative to a bearing of N89Â°39'34" W between the Cl/4 corner and the W1/4 of Section 14; thence S 89Â°48'01"E along the north line of the NE1/4, NW1/4 of said Section 14, 267.36 feet more-or-less to the centerline ofMaroon Creek; thence S 07Â°47'29" E 77.85 feet more-or-less along the centerline of Maroon Creek; thence S 17Â°38'54" W 348.53 feet more-or-less along the centerline of Maroon Creek; thence S 00Â°57'53" E 70.39 feet more-or-less along the centerline of Maroon Creek; thence S33Â°16'44"E 77.91 feet more-or-less along the centeriine ofMaroon Creek: thence leaving said Maroon Creek N 90Â°00'00" E 169.77 feet more or less; thence S 42Â°35'00" E 287.68 feet to the westerly right-of way line ofMaroon Creek Road; thence S 39Â°36'59" W 1087.07 feet aiong said right-of-way of Maroon Creek Road; thence 154.98 feet along the arc of curve to the left, having a radius of 862.13 feet, a central angle of 10Â°18'00", and subtending a chord bearing S 34Â°28'00" W 154.77 feet; thence S 29Â°19'00" W 520.76 feet; thence 132.50 feet along the arc of curve to the right, having a radius of 273.25 feet, a central angle of 27Â°47'01", and subtending a cord bearing S 43Â°12'30" W 131.21 feet; thence S 57Â°06'00" W 85.65 feet; thence leaving said Maroon Creek Road right-of-way N 33Â°06'00" W 76.78 feet; thence 56Â°54'00" W 44.47 feet. thence N 63Â°30'00" W 183.05 more-or-less to the center line of Maroon Creek; thence N 70Â°28'12" E 290.78 feet more-or-less along the centertine of Maroon Creek; thence N 49Â°19'21" E 54.46 feet more-or-less along the centerline of Maroon Creek; thence N 32Â°53'05" E 310.96 feet more-or-less along the centerline of Maroon Creek; thence N 27Â°40' 12" E 194.64 feet mor-or-less along the centerline of Maroon Creek; thence N 37Â°47'52" E 308.87 feet more-or-less along the centerline of Maroon Creek; thence 3 22Â°51'01" E 64 59 feetmore-or-less alongthecenterlineof Maroon creek, to the south line of NW 1 /4, NW 1/4 of Section 14; thence leaving said centerline ofMaroon Creed S 89Â°26'20" E along the south line of said NW1/4, NW1/4 of said Section 14, 82.63 feet more-or-less to the NW 1/16 of said Section of 14; thence N 00Â°30'19" W 1328.1 1 feet along thewest line ofthe NE 1/4, NW1/4 to the point of beginning, said parcel contains 13.204 acres more-or-less. 1111111 lilli 111111111111 lili Illl mill 11111111 lili lili 421288 10/15/ 1988 03: 18/ RESOLUTI DAVIS SILVI 9 of 9 R 46,00 0 0.00 N 0.00 PITKIN COUNTY CO S-01-11Vt[1103 ELOE-ELE-002 ' Attachment 6 ~3 0-AL u t -3 f-to: o ATTACHMENT 6 SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement"), made and entered into this /90 day of /(0851-, 1998, by and between HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as "Owner") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "BOCC" or "County") . WITNESSETH A. 'The Owner has received final approval for a Site Specific Development Plan from the BOCC for a subdivision known as The Aspen Highlands Village P.U.D., a Planned Community, as set forth in the Detailed Submission Consolidated Documents, consisting of: 0 Thirty-one (31) detached free-market dwelling units; + Thirty-two (32) townhouse free-market residential dwelling units; Seventy-three (73) tourist accommodation units; 0 Thirty-eight (38) dorm units; 0 Twenty-two (22) Category 4 affordable housing sale units (4 bedroom) ; 0 One (1) Category 4 affordable housing sale unit (3 bedroom) 0 Twenty-eight (28) Category 3 affordable housing sale units (3 bedroom); 0 Eight (8) Category 1 affordable housing sale units (1 bedroom); + Eight (8) Category 2 affordable housing sale units (l bedroom); 0 Two (2) Category 3 affordable housing rental units (1 bedroom) + Five (5) Category 3 affordable housing rental units (2 bedroom) Ten (10) Caretaker Dwelling units; 0 Twenty-one thousand six hundred (21,600) square feet of retail space (Net Leaseable Area "NLA") ; 0 Fourteen thousand one hundred twenty five (14,125) NLA restaurant space; + Twelve thousand (12,000) square feet of accessory skier services (NLA); + Four thousand eight hundred (4,800) square feet of condominium rooms and meeting rooms (NLA); + Two thousand two hundred (2,200) square feet of ski area storage (NLA); + Four hundred fifty (450) parking spaces for the Aspen Highlands Ski Area; and, + No less than two hundred thirty (230) off-street parking spaces i, Jll 1 11111 lilli 111111 Â®11 ~5 11 (.' 1 8,11111111 lili 423271 10/15/1953 S SILVI 1 of 30 R 0.00 0 2. RUKTY CO (hereinafter collectively the "Project") on that certain real property (the "Property") located in Pitkin County, Colorado, more particularly described on the Final Plat of The Aspen Highlands Village P.U.D. (herein "Subdivision Plat") which plat is filed of record in Plat Book 47 at Page [ in the real property records of Pitkin County, Colorado. (Since detailed submission, a small modification has been made to the affordable housing unit mix. This change was approved by the BOCC at final plat. The current plan shows one hundred twelve (112) affordable housing units, housing 267.75 people. This compares to the previous approvals which contained one hundred eleven (111) affordable housing units, housing 267.25 people.) B. The County has fully considered and approved the Detailed Submission, as evidenced by Pitkin County Resolution No. 91- 1 61, "Granting Detailed Submission, Planned Unit Development, Subdivision, and 1041 Environmental Hazard Review Approval, Condominiumization Approval, Transferrable Density Rights Receiver Site Approval, and Special Review Approval for the Aspen Highlands Village PUD Project" (herein the "Resolution" or "Detailed Submission Approval"), recorded in the real property records of Pitkin County, Colorado, at Reception No. 422629 , and as evidenced by Pitkin County Ordinance Nos. 97-31 , recorded in the real property records of Pitkin County, Colorado, at Reception Nos. *//60.9 4212 0.>40--:><I ,-- (I~~) C. The County has fully considered the Final Plat of The , Aspen Highlands Village P.U.D. as evidenced by Pitkin County Resolution No. 98- 19 , granting Final Plat Approval, recorded at Reception No. 923103 D. Subsequent to obtaining approval of the Detailed Submission and amendments, the name of the project had been referred to as "The Aspen Highlands Base Village P.U.D.". All references to The Aspen Highlands Base Village P.U.D. or the "Project" shall mean and refer to "Aspen Highlands Village". E. This Agreement evidences the Owner's agreement to the conditions contained in the Resolutions as required by the subdivision regulations contained in the Pitkin County Land Use Code. F. In granting said approval, the County has: (i) fully considered the proposed development as described in the Resolutions and the anticipated benefits and burdens to neighboring properties; (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code") in effect for this Project, and such other laws, rules, and regulations as may be applicable; and, (iii) imposed conditions and requirements as more fully set forth in the Resolutions, which conditions and requirements the County deems necessary to protect, promote, and enhance the public health, safety, and welfare. 1 111111 11111 111111 lillil , 121 2,0,~1 iii lilli lili lili 423271 10/15/1993 33 <9 *4 3 1 DAVIS SILVI 2 of 30 R 0.00 D 0,.* -1-KIN COUNTY CO G. Under the authority of Section 6-4.5 of the Code, the County is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Owner, its successors and assigns. The Owner is willing to enter into this Agreement, and provide such assurances to the County. AGREEMENT NOW, THEREFORE, for good and valuable consideration, it is agreed by and between the Owner and the BOCC as follows: 1. Water System. Owner agrees to install, or guarantees installation of a central water system connected to the City of Aspen water system to provide water service to Aspen Highlands Village, including water service to the lot line of each lot in the Subdivision. Lines shall conform to the requirements and specifications provided to Owner by the City of Aspen. 2. Roads. The Owner agrees to install or guarantees installation of the private or public roads in accordance with plans submitted and approved by the County in the Aspen Highlands Village P.U.D. Detailed Submission. Roads shall be constructed in \ conformance with all requirements set forth in the Detailed Submission Approval. 3. Electric Service. Owner agrees to install or guarantees installation of electric power lines to provide electric service to Aspen Highlands Village, including electric service to the lot line of each lot within the Subdivision. Power lines, transformers, and installation of the same shall conform to the requirements and specifications provided to Owner by Holy Cross Electric Association. 4. Telephone Service. Owner agrees to install or guarantees installation of distribution cable and feeder facilities, including pedestals, to provide telephone service to Aspen Highlands Village, including telephone service to the lot line of each lot within the Subdivision. Telephone line pedestals, and the installation of the same, shall conform to the requirements and specifications of U.S. West Communications. 5. Natural Gas. Owner agrees to install or guarantees installation of natural gas lines to provide gas service to Aspen Highlands Village, including gas service to the lot line of each lot within the Subdivision. Natural gas lines shall conform to the requirements and specifications provided to Owner by KN Energy. 6. Waste Water Disposal. Owner agrees to install or guarantees installation of waste water collection systems and lines to provide sewage disposal service to Aspen Highlands -3- 11111'l lilli lilli 1111111111 lili 1111111111111'l lili'lll 423071 10/15/1998 03:53P SUB IMPR DAVIS SILVI Village, including sewase dj.,- posal service to the lot line of each lot within the Subdivision. Waste water collection systems and lines shall conform to the requirements and specifications provided to Owner by the Aspen Consolidated Sanitation District. 7. Underqrounding of Utilities. Owner shall underground all new utilities in the Project with the exception of required surface mounted transformers, telephone and cable television pedestals, natural gas, pump and pressure reducing stations, fire hydrants, meters, and similar appurtenances requiring above-grade installation. Irrigation, snowmaking, and domestic water pump stations will be either sheltered or placed underground. 8. RFTA Payments. Owner shall implement the phasing plan that clearly identifies the ridership threshold on the existing Castle/Maroon Roaring Fork Transit Agency (RFTA) route that will trigger a requirement for the Owner to make a payment to RFTA for the purchase and operation of one (1) additional bus on the route. (See Exhibits "A" and "D") 9. Public Trails. Owner agrees to construct or provide security for the construction of the public trails as included in Exhibit 11 A'I (the "Project Public Improvements") attached hereto and made a part hereof, in conformance with Detailed Submission Approvals. Two public trails are to be constructed, one next to Maroon Creek Road. The cost for this trail is included in Exhibit "A" and Exhibit "IE" (the "Maroon Creek Corridor Improvements Estimate"). The second public trail is shown on the plat as part of Thunderbowl Lane. It links the Highlands Village to the Moore PUD along Powderbowl Trail. Exhibit 11 Al' includes the construction of this trail. 10. Traffic and Transit Parking Plan. The Owner shall implement a comprehensive traffic/transit/parking monitoring system plan, which shall include measures to ensure increased mitigation actions if monitoring shows that the mitigation plan is not adequate. The Owner shall administer the monitoring plan through the conclusion of Phase 4 of the construction, and for three (3) years thereafter. Annual reports shall be submitted to the Community Development Department for County and RFTA review. If traffic impacts exceed traffic projections, additional mitigation in the form of transit mitigation may be required. The monitoring system shall address the following issues: (a) If the trips generated by AHV exceed the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan", dated February, 1997, so as to require mitigation for those additional impacts, the additional mitigation required by Owner must be approved by the BOCC based upon the recommendations of the Pitkin County Community Development Department and any appropriate referral agency (e.g. RFTA and/or Pitkin County Engineering Department). -4- 1 11111111111 lilli 1111111111 lili 1111111111 lilli lili lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 4 .C la D A a- - . --.. - (b) If the trips generated are lower than the projections contained in the "Revised Maroon Creek Corridor Detailed Transportation Plan", dated February, 1997, the Owner shall be entitled to suggest a reduction in the traffic mitigation programs then being funded. Such reduction shall be based upon a finding by the BOCC that the reduction is appropriate; provided, however that Owner shall not be entitled to a refund for any portion of its infrastructure donation described in Paragraph 17 below. 11. Construction Phasing Schedule. The Project Public Improvements for which the Owner is obligated as identified in this Agreement shall be substantially constructed or installed in accordance with the phasing plan set forth in Exhibit "B" attached hereto and made a part hereof (the "Aspen Highlands Village Phasing Plan"). Variations in the phasing schedule shall be permissible in order to provide on-site flexibility in completion of the Project Public Improvements. 12. Construction Management Plan. The construction management plan will be as set forth in Exhibit "C" attached hereto and made a part hereof (the "Aspen Highlands Village Construction Management Plan"), and provides for the management of construction traffic and fugitive dust control plan, the staging of construction equipment and materials, and public notification plans for road closures or any other public inconveniences during construction. 13. Dial-A-Ride. Owner agrees to implement a "Revised Aspen Highlands Village Castle Maroon and Dial-a-Ride Service Plan" as set forth in the detailed plan attached hereto as Exhibit "D" , the costs of which are set forth in Exhibit "A" . 14. Landscaping. Owner agrees to install or provide security to ensure the installation of landscaping as depicted in the Aspen Highlands Village P.U.D. Detailed Submission, and specified in the Project Public Improvements. The Owner shall implement and be responsible for the performance of all landscaping associated with Phases 1 through 4, which shall be secured by a bond enforceable by the County in an amount equal to one hundred percent (100%) of the estimated cost of completion. All plant materials used in the landscaping shall be guaranteed for two (2) growing seasons after the initial installation. Owner shall revegetate all disturbed areas with a mixture of indigenous grasses and wildflowers. The use of invasive grasses shall be prohibited. Owner shall also implement a weed control plan, especially in the wildflower meadows, the first level of which shall be non-chemical; provided, however, that chemicals may be used if non-chemical weed control fails. 15. As-Built Survey. The location of various elements of the Project as shown on the PUD Plan, Final Plat or civi.i drawings -5- 1111111 2 : -wv tagill'11111 lilli lili lili 423271 k0/. 1 33 IMPR DAVIS SILVI submitted therewith, including but not limited to, utilities, roads and trails, represents the best planning of Owner as to where such improvements can and will be built. Actual conditions relative to construction may require minor deviations or variations as to the location of such improvements. At such time as construction of any or all of the Project elements is complete, Owner may cause the precise location of such improvements to be surveyed. Based on such survey, the County Planning Director may at the request of Owner approve insubstantial amendments to the PUD Plan, Final Plat or the civil drawings to correct deviations in the as-built surveyed location of any such improvements. 16. Financial Assurances. The Owner shall be responsible for the construction of the improvements as set forth in the Project Public Improvements and full compliance of the conditions and covenants of this Agreement and the Detailed Submission Approvals, including site restoration in the event the work undertaken pursuant to the earthmoving permit is not substantially completed. Owner shall secure the financial assurances required in this Paragraph by obtaining a surety bond in a form approved by the County Attorney. The Project Public Improvements shall include those items set forth on Exhibit "A" . If a metropolitan district is formed, the assessments shall be based on assessed valuation. Installation of landscaping will not be funded by the special metropolitan district. (a) No Security for any Project Public Improvements shall be required from Owner until issuance of the first building, excavation, demolition or grading permits for any of the Project. Upon the issuance of the first excavation, demolition or grading permits for any of the Project, Owner shall, as to the Project Public Improvements, provide security adequate to assure the substantial completion thereof generally in accordance with the Phasing Schedule. For example, if the cost of completion for the first phase is $500,000.00, then the Security may be obtained in such amount, and so forth, for each phase. (b) As the improvements required by this Agreement are substantially completed, the County Engineer or County Director of Public Works shall inspect the work within thirty (30) days of written request made to the Public Works Department and the Pitkin County Attorney's Office, and on reasonable acceptance of the improvements by the County Engineer or County Director of Public Works, the Pitkin County Attorney shall authorize the immediate release of the security. By "substantially completed" the parties mean construction that is essentially complete other than "punch list" type work for which the County may require continuing security. (C) Partial Releases of the security may be requested by Owner utilizing the same procedure set forth above and subject -6- 1 lilli ?!Ill 11111111'lll lili lili 1111111Ill lilli lili '11 1 FL 10/15/1998 03:53P SUB IMPR DAVIS ** t 4 23 R 0.00 D 0.00 N 0.00 PITKIN Code Â»u to establishing satisfactory partial completion of the improvements, such partial releases shall be granted. (d) Failure to respond within forty-five (45) days of any request for partial or final release shall constitute acceptance of the improvements by the Pitkin County Engineer or Pitkin County Director of Public Works and release or partial release of the security shall be granted. (e) Owner may cause a Special Metropolitan District to be formed for purposes of financing and maintenance of all or part of the construction of the Project Public Improvements. If such district is formed, then at the time the district obtains funding from the sale of bonds or other sources sufficient for the construction of the Project Public Improvements, Owner shall be entitled to a release from the County of an equivalent amount of Security provided the County Attorney is satisfied with the County's ability to have the Project Public Improvements completed in the event of Owner's default. If the County Attorney is not satisfied as required herein, the original security posted by the Owner for the completion of the work will not be released until there is compliance with Paragraph 30 of this Agreement. The County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. 17. Maroon Creek Road/Highway 82 Intersection. Upon recordation of the Final Plat, the Owner shall escrow Six Hundred Fifty Thousand Dollars ($650,000.00) which must be used for infrastructure improvements along the Maroon Creek/Castle Creek/Highway 82 intersection and Maroon Creek Road. The cost projections for these improvements are set forth on Exhibit "E". Owner will make the improvements described on Exhibit "E", and the County may use the remaining funds for other improvements within the Maroon Creek corridor, inclusive of the Maroon Creek/Castle Creek/State Highway 82 intersection. The Owner shall not be responsible for any additional cost of these proposed improvements above the Six Hundred Fifty Thousand Dollars ($650,00.00) provided herein. In addition, the Owner shall contribute Three Hundred Fifty Thousand Dollars ($350,000.00) for long-range improvements to the Castle/Maroon intersection as part of the Entrance to Aspen ' FEIS. 18. Improvement Maintenance Agreement. In accordance with Section 6-4.5(b) of the Code, Owner shall, prior to the conveyance, sale or transfer of any single family lots within the Project (excepting transfers by owner or its assigns of undeveloped lots or the granting of liens to lenders), provide for maintenance by the Aspen Highlands Village P.U.D. homeowners' association or other Special Metropolitan District in perpetuity of all Project common improvements not accepted for dedication by the County or the utility providers. -7- 1 1111'llilli lili lilli: ?1 ' 11 1,09?:/1111 lillill'llili 423271 10/15/.9 1 21 ~2 94 43<R DAVIS SILVI 7 of 30 R 0.30 j - 63 9 . 70 VYIN COUNTY CO 19. Certificates of Occupancy. Once a bond has been posted with the County to cover the cost of the Affordable Housing Units in Blocks B, F, and G, and Affordable Housing Units in Block D, Building 3, all Free-Market Units in the Single Family and Townhomes shall be entitled to Certificates of Occupancy, subject to satisfaction of all other requirements necessary to obtain a Certificate of Occupancy. In the event Certificates of Occupancy have not been issued for the Affordable Housing Units in Blocks B, - F, and G, and Block D, Building 3, by December 1, 2001, the County may pursue the remedies provided for in Paragraph 25 hereof. Buildings 2, 4, 5, and 8, Block D, contain mixed land uses, including Affordable Housing Units. Certificates of Occupancy shall not be issued for free market spaces in these buildings until Certificates of Occupancy have been issued for the Affordable.Housing Units in the corresponding building. Nothing in this Paragraph shall prevent Owner from obtaining demolition, grading, excavation, foundation, building permits, or any other permits for the Project. 20. Execution of Final Plat. The Owner's obligations to construct the improvements hereunder are expressly contingent on the Owners' recordation of the Final Plat in the real property records of Pitkin County, Colorado, and on the BOCC's approval of the Final Plat. 21. Vested Rights. The BOCC has considered the needs of both the County and Owner, and has determined pursuant to C.R.S. Â§24-68-101 et.seg. that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planning Director, constitute an extension of the vested property rights appurtenant to the Property for five (5) years. Upon completion of Phase 1, as defined in Exhibit "B", the Development Approvals shall be deemed vested in perpetuity. 22. Covenants Running With Land. All covenants, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land and shall attach and bind and inure to the benefit of the Owner and the BOCC, and their respective grantees, successors and assigns. 23. Bulk Sale. In the event Owner does not develop the Subdivision, Owner may sell all or a portion of the Subdivision in bulk to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automatically released of all liability and obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this Agreement. 1 1!]11 E,7 1 , 9111,11111 lili ll-111111111111111111111 , 3 03:53P SUB IMPR DAVIS SILVI 8 u. 7 0 0 *2 J 1,0 N 0.00 PITKIN COUNTY CO 24. Assignment of Interest and Obligations. Owner may assign its interest in the Property to a third party, who shall develop the Property or portions thereof, including the construction of the Project Public Improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Owner may also assign certain of its obligations hereunder to any one or more special districts or homeowners associations to be formed for purposes of performing such obligations. 25. Remedies of County. In the event Owner shall fail to construct the Project Public Improvements for which it is responsible under this Agreement in accordance with plans and/or specifications appearing in the drawings approved by the County, and within the schedule set for the completion of said Project Public Improvements, the County shall provide owner with a notice of non-compliance ("Notice of Non-Compliance") together with the right for a period of ninety (90) days after the receipt by Owner of such notice for Owner to cure such non-compliance or schedule a hearing with the BOCC. Provided, however, the Owner may reasonably modify the schedule for construction of any Project Public Improvements by providing written notice to the County. The Notice of Non-Compliance shall include a list of specific deficiencies to be corrected in order to cure the non-compliance. If Owner, by written notice to the County given prior to the expiration of the time to cure set forth in the Notice of Non- Compliance, disputes whether or not a default exists, then as soon as practical within said ninety (90) day period, the BOCC shall conduct a hearing (the "Non-Compliance Hearing") to determine whether or not a default exists. At such hearing, Owner may present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Owner shall have ninety (90) days from the date of the hearing within which to correct the deficiencies, weather permitting. If at the expiration of said ninety (90) day time period, Owner is proceeding with due diligence to correct the deficiencies, weather permitting, then said time period shall be extended for so long as , Owner shall continue to proceed with due diligence to correct such deficiencies. (a) If Owner shall fail or refuse to cure the deficiencies identified in the Notice of Non-Compliance within the time provided or in the event a Non-Compliance Hearing shall occur where the BOCC determines a default exists and ninety (90) days from the date of the hearing or any extension thereof shall pass without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies. (b) No default hereunder by Owner shall result in any revocation or termination of the Project approvals as described in the Resolutions. Once the financial assurances required by this Agreement have been released, the County specifically waives any -9- I l11111 lilli 111111 lillil IT N 111!11 Ill lilli lili lili 423271 10/15/1933 > r g inFR DAVIS SILVI 9 of 30 R 0,00 D 1 , i.4 v, 171 Pe Twrw ,â€ž11.,-v .. right it may have to object to the Project Public Improvements or to require the Owner to perform additional work, notwithstanding guarantees and warranties. (C) In the event the County draws on the security, to correct deficiencies, it shall make a good faith effort to correct the deficiencies and complete the Project in accordance with approved plans and specifications; provided, however, the County will not be liable to the Declarant, its successors and assigns, including individual lot owners, for the County's failure to correct the deficiencies or properly complete the Project. The County shall be obligated to make a good faith effort to complete the project, provided that the County may decide to only secure public health, safety, and welfare. In such event, the County may only draw on the bond in an amount necessary to complete said work in as economical and efficient a manner as possible. (d) Nothing contained in this Agreement shall limitÂ· other remedies available to Pitkin County under Colorado law. 26. Entire Agreement. This Agreement constitutes the full and complete agreement of the Owner and the BOCC, and may not be modified except by a written agreement duly executed by all parties. 27. Notices. Notices as desired or required hereunder shall be in writing and deemed effective from and after the expiration of three (3) days after it is deposited in the United States Mail, postage prepaid, certified, return receipt requested, or by courier (overnight service) to the addresses set forth herein. , Notices may be hand delivered, and shall be deemed effective on delivery. If to Pitkin County: If to Owner: Board of County Commissioners c/o Bob Daniel c/o Pitkin County Manager Hines Highlands Limited Pitkin County Courthouse Partnership 506 East Main Street 426 E. Main St. Aspen, CO 81611 Aspen, CO 81611 With a Copy to: With a Copv to: John M. Ely Gideon Kaufman, Esq. Pitkin County Attorney Kaufman & Peterson 530 East Main Street 315 E. Hyman. #305 Aspen, CO 81611 Aspen, CO 81611 The parties to this Agreement shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States by at least ten (10) days written notice to the other party as provided in this paragraph. 28. Captions. Title.s or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and -10- I i'lll' lilli 1!jill ikij * ." :.Â· i:Hi Ill lilli ill Ill 423271 10/1%. '' 13 00 ' d .PR DAVIS SILVI a ./ 6 . 2 r. . ./.'.V.81 - r. 1 1&,-rv -A for reference, and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any portions hereof. 29. Conflict. This Agreement is intended to amplify and carry out certain of the provisions of the Resolutions. In the event of any conflict between the provisions of this Agreement and the Resolutions, the provisions of this Agreement shall, to the fullest extent permitted by law, govern and control. 30. Force Maleure/Delay Days Extension. In the event that Owner shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any Security) by reason of natural disaster, weather or seasonal conditions, labor troubles, inability to procure materials, failure of power or other utilities, war, or other reasons beyond its control, then the period for the performance hereunder shall be extended for a period equivalent to the period of such delay or hindrance (the "Delay Days"). Within thirty (30) days following the end of each calendar year, or sooner, Owner shall notify the County in writing of any Delay Days claimed for the calendar year or other period. 31. Releases. From time to time, Owner shall have the right to obtain from the County, in recordable form, partial releases from its obligations under this Agreement where such obligations have been fully performed or are no longer applicable. When all the obligations of Owner hereunder have been performed or are no longer applicable, the parties shall, at the request of Owner and in recordable form, enter into a full release (and termination) of this entire Agreement. 32. Further Assurances. Each of the parties agree to execute, acknowledge, and deliver such further instruments, documents, or certificates, and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transactions contemplated hereby. 33. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have requested, drafted, required, or structured such provision. 34. Prevailing Party. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Agreement, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issues, was the prevailing party in the action. -11 Hill'111111111111111111 lili lili UÂ·~4 3 ?i. 4; 221 '?,0 ., I ' 181 Â·4, .#60} 221171 10/15/1998 03:53P S.):1 L.*.:2 5/1 f :iLMT 11 of 30 R 0.00 0 8 08 N B Â£ tÂ» : Â·' -wÂ¥, 35. Clerical Errors. In the event any clerical, administrative or other errors are found in this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver, as necessary, any documentation in order to correct the erroneous document, description, exhibit, or to provide any missing exhibit. 36. Estoppel Certificate. From time to time, Owner shall have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shall certify to Owner or another party designated by Owner such as a construction lender, that at the time of the issuance of such certificate, and except as otherwise noted thereon: (i) no Notice of Non- Compliance has been given to the County; (ii) this Agreement is in full force and effect; and, (iii) the County has no knowledge of any default under this Agreement on the part of Owner, nor does the County have knowledge of the existence of any circumstances which with the passage of time would give rise to such default. In addition, the certificate shall provide such other information as Owner, or any other party requesting the same, shall reasonably require relative to this Agreement. The 0 issuance of such certificate shall not be unreasonably withheld or delayed by the County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF PITKLIN COUNTY, COLORADO Dorothea Farris, Chairperson ile- ATTEST: --=E= g APPROVED AS TO FORM: Â»/02(L,A~ â‚¬ ..ta~- By -1 LUDE= 1--54- 6,JEaaÂ·0it e dertes John M. Ely,Â£Â£*gIS*'---Attorney Ay>age 2 Â· UPâ‚¬-A.A) OWNER: HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware : limited partnership, by ASPEN HIGHLANDS SKIING CORPORATION, a Delaware corporation, its Get-~1(3~1 Partner By Â»14 2 0 (1107+04 -E Stl.- 1 11111 11111 111111111111 lili lili 1111111111111111111 im 1,- Vicâ‚¬. , foS I 6-Zt 23271 10/15/1998 03:53P SUB IMPR DAVIS SILP f 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY f STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 14-6 day of OC 9, , 1998, by Dorothea Farris, as Chairperson of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. ey G ,.Wo:tz:],4>Â·. my hand and offic ' al seal pyÂ·i'I fay Ft~mU.,ss:Lon expires : ~11 IÂ°2- Â· \ -0- 3 -i 1~;0Â·.3 6 7 1- 0 40.42 f - Oudno Li- Notary Public STATE OF CD\Ararb ) COUNTY OF 26\'LA ) SS. The foregoing instrument was acknowledged before me this \34*11 day of 064.ttoe/- , 1998, by Clawl-00 -1-7 91-onâ‚¬_ as V,Le Pres,kÂ»+ of ASPEN HIGHIANDS SKIING CORPORATION, a Delaware corporation, as a General Partner of HINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership. Witness*mYM'Atand and off icial seal. My corr**%Â·EYEBrY-**cpires: 2 ./%OTARY...,, 1 4/ \ 2-1/ 4/ 99 - C 1 )â‚¬zi 14 -ttleni iÂ«iÂ» ;1 ~ ':.Â· PUBLIC / f 9,0.... ....49 ' Notary PAblic d U 4 Â¢ OF r \>) 444,11â€žAl,me MY COMMISSION EXPIRES: U December 4, 1999 1111111 lilli 111111111111 lili lili 11'1111 111111111111 lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO C:\clients\HINES\subdivision imp agr-clean -13- LIST OF EXHIBITS Exhibit A - Project Public Improvements Exhibit B - Aspen Highlands Village Phasing Plan Exhibit C - Aspen Highlands Village Construction Management Plan Exhibit D - Revised Aspen Highlands Village Castle Maroon and Dial-a-Ride Service Plan Exhibit E - Maroon Creek Corridor Improvements Estimate - 1 111111111111111111111'llili lili 1111111111111111111 lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 14 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO -14- PrnÂ¢ed Pubk Improvornents Aspen HIghtâ€¢nds V'Illige PubAC |rnprovements, By Phase Inflltior rate 3% Unit UnH Unit Total Ph/'ll: phi- 11: Phâ€¢ Iâ€¢ 111: Phesir/: Total Quantity Typâ€¢ Price Price 11 quâ€¢â€¢,0-â€¢ 11 q w artlt,- 11 ..... ts Price Wai- Imprn.,1.Int, Wafef fna|rl ly/tern, complete 12,850 If 35 S 449,750 12.850 449 754 - 1 449,750 Fre Hydrant assembl.s 21 el MOO $ 52.500 21 52500 - - $ 52,500 SIngle Sernce connecbons 83 ea 1.200 $ 99,600 83 99.600 - - $ 99.600 P#,ous' 1 b 100.000 3 100.000 1 100.000 - S 100 000 PRV Vaufts 2 ea 25.000 5 50,000 2 50 000 - - - $ 50.000 ARV Minhole 1 ea 3.000 $ 3 000 1 3.000 Â· - - 1 3,000 Slorage Tank 463.964 gallon' 1 $ 463964 483.964 483 964 - ' $ 483 964 Â°' t:m $ 1,218,814 1 1,11014 Sewer Improvemint, Seâ€¢ver ty'lem, complete 7,280 If 40 $ 291,200 7,280 291.200 - - $ 291.200 48- r,Â·Lanholes 74 00 2.200 $ 162 BOO 74 162,800 - - 1 162,800 9-ce Corblecbonn 83 la 1200 $ 99.600 83 99.600 - - - $ 99.600 Energy Disilp,Ung Mar.hole 6 4.200 3 25,200 6 25,200 - - - $ 25200 $ 578,800 $ 57800 Privatâ€¢ Utilities Plan E iectic 10.900 If 25 $ 272,500 10.900 272,500 - - - $ 271.500 Talephor* 10.900 If 12 $ 130800 10.900 130,800 - - S 130 800 Cable 10.900 If 75 $ 81.750 10.900 81,750 - - 1 81,750 Nsuril Gas 10.900 If 10 $ 109,000 10.900 109000 - 1 - 1 109,000 $ 594,050 $ 5*4,050 Roseway Improvements Excavaeorl 93.750 cy 6 $ 562,500 93,750 562,500 - - $ 562.500 rE 7â€¢- 6/..% prop/r*ben 24,675 4 1.0 $ 24.675 24.075 24,875 Â· - 5 24,875 2% 6,1 - ABC. C.trn 6 3.775 tons 18 $ 67,950 3,775 67,950 - - - 1 87 950 ABC, C!*i, 3 9.000 lons 12 S 108,000 9 000 108,000 - - - 1 108.000 SMII AC PE-nerrt 8.415 tons 45 $ 378,875 8,415 378,875 - Â· $ 378.675 Starid,4 30- Curb & Gl,tte, 4.500 If 14 $ 63.000 4 500 83 000 - - - 1 83 000 -03-- Concnt, Flat.ork 4310 31 4 1 17,240 4,310 17140 - - S 17.240 Concrete Sld.walk 7.398 sf 6 $ 44,388 7,398 44 388 - - - $ 44 388 -4.- Ckâ€¢*, & O..Inage plan. complete 1 11 524,000 $ 524.000 1 524,000 - - 3 524,000 Signâ€¢9/ 40 ea 200 $ 8.000 40 8,000 - - - 1 8 000 ZI)m S">"g 24,000 N 1 $ 24,000 24,000 24,000 - - - 1 24.000 <- LIght S~*1147 24 ea 2,500 $ 80,000 24 60 000 - - Â· 1 60 000 00= Boo :f 50 $ 45,000 900 45,000 - - - $ 45,000 MSE Retain*go ; 1,/17,42/ C- $ 1,927,428 Fin== S Ing 4 Finity AMordibli Houslng 32 200 5-f 128 $ 4,121.600 - 19 600 2,584,064 12,600 1,711,020 - $ 4 295 084 K r 05*E Building ] Affoidable Housing 18000 V 128 S 2,304,000 - 18,000 2,444,314 - $ 2,444314 6,425,600 5 1,731.397 O Tr,fne-trln,M,parking me,Â·,Mo'ng irâ€¢tern. $ 163,500 22.500 23,175 23,870 102.718 1 172.262 $ 163,500 1 172â€ž212 RFTA Bus and DULA-#Ude Vins (1.*a-, Opâ€¢r. A Mâ€¢Int r $ 907020 1 481.129 1 495.583 $ 978,691 $ 907,020 $ 976,891 L.*ndsup~ng Cor,>detâ€¢ =â„¢nor, sys-7 1 Is 1,022,484 $ 1 022,464 50% 511.232 35% 368,598 15% 162.710 0% $ 1,042,540 ChÂ»trn MTÂ·~ 1 */1-5-ra '01 .IT-Â«tm-ft. rt.r*,gl. i.,Â·.g,t*5001 $ 1,022,464 $ 1,04040 Cenâ‚¬ne,ncy 1 10%1 485,282 297,584 482.304 59,828 1 1,324,~98 Phi ./ Sublot/ls 5,138,106 2,975,137 4,823,042 598,279 % of Total 37% 20.6 33% 4% Total Improvements: $ 14,574,980 ' EcÂ»pment Fi purchased ind ihey In m Phase IV Includes dolar, for hi One yean d rnonttorkÂ·,g aftef FOIÂ®Ct li con,Wel,d Il till 'P 14,~ lilli Ill Summary Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate 1 , Site Description Cost Day Skier Parking and Village Entrance $ 266,023.57 Village Core Area $ 289,266.85 Thunderbowl Neighborhood S 159,989.39 Maroon Neighborhood $ 80,074.57 Affordable Housing $ 145,194.17 Ski Run Revegetation $ 17,115.00 Weed Managament $ 64,800.00 $ 1,022,463.55 1111111 lilli 111111111111 lili 111111111'1111111111 ill lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 16 of 30 R 8.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 Entrance and Day Skier Parking Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Enbnce and Day Skier Parking Area Quantity Size Description Unit Total 20 08ft Colo/Eng Spruce $ 312.23 $ 6,244.60 20 12ft Colo/Eng Spruce $ 569.54 $ 11,390.80 18 16ft Colo/Eng Spruce $ 1,138.15 $ 20,486.70 31 2"cal. Aspen NG $ 199.96 $ 6,198.76 31 3"cal. Aspen NG $ 287.65 $ 8,917.15 22 3" cal. Street Trees S 312.23 $ 6,869.06 171 5 Gal. Deciduous Shrub $ 28.48 $ 4,870.08 2,500 1 Gal. Perennials $ 8.77 $ 21,925.00 - 200 Flat Perennials $ 58.20 $ 11,640.00 2,725 SF Bluegrass Sod $ 0.65 $ 1,771.25 110,500 SF Low Native Seed $ 0.13 $ 14,365.00 560 SFF Walls Drystack $ 24.09 $ 13,490.40 1,300 CY Topsoil $ 41.58 $ 54,054.00 123,125 SF Fine Grade $ 0.06 $ 7,387.50 120 LF Steel Edger 4In $ 1.67 $ 200.40 90 CY Mulch $ 31.71 $ 2,853.90 185 CY Planter Mix $ 41.58 $ 7,692.30 ' 1 LS Irrigation $ 65,666.67 $ 65,666.67 $ 266,023.57 Bued on drawings by Robert A. Stern Architects Sheets L201 and L201.3 Dated 1-20-98 1111111111111111111111111111 'Ill 1111111 Ill 111111 Ill lili 423271 10/15/1998 03: 5:P %28 17!FR DAVIS SILVI 17 of 30 R 0.00 D 0.00 9 3.91 2fTKIN COUNTY CO Village Core Area Aspen Hightands Village Prepared January 1998 Landscape Cost Estimate Village Core Quantity Size Description Unit Total 10 10FT Spruce $ 449.08 $ 4,490.80 5 14FT Spruce $ 788.31 $ 3,941.55 5 16Fr Spruce $ 1,138.15 $ 5,690.75 2 Spruce $ 1,651.85 $ 3,303.70 1 Spruce $ 3,520.62 $ 3,520.62 3 2" cal. Aspen NG $ 199.96 $ 599.88 57 3" cal. Aspen NG $ 287.65 $ 16,396.05 8 3 ". cal. Street Trees $ 312.23 $ 2,497.84 132 5 Gal. Deciduous Shrubs $ 28.48 $ 3,759.36 2,700 1 Gal. Perennials $ 8.77 $ 23,679.00 12,000 SF Bluegrass Sod $ 0.65 $ 7,800.00 21,000 SF Low Grass Seed $ 0.16 $ 3,360.00 220 TON River Boulder $ 63.12 $ 13,886.40 1,585 SFF Planter Wall Con $ 44.33 $ 70,263.05 2,520 SFF Planter Wall Dry $ 27.37 $ 68,972.40 607 CY Topsoil $ 41.58 $ 25,239.06 6,500 SF Fine Grade $ 0.06 $ 390.00 600 LF Steel Edger 4 In. $ 1.67 $ 1,002.00 50 CY Mulch $ 31.71 $ 1,585.50 1 LS Irrigation $ 28,888.89 $ 28,888.89 S 289,266.85 Based on Robert A. Stern Architects L201 and L201.3 dated 1-20-98 1111111 lilli 111111 111111111111111111111111111111111 lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 18 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 Thunderbowl Neighborhood Aspen Highlands Village i Prepared january 1998 Landscape Cost Estimate I Thunderbowl Neighborhood Quantity Size Description Unit Total | 10 04ft Spruce $ 145.04 S 1,450.40 25 06ft Spruce $ 208.15 $ 5,203.75 25 08ft Spruce $ 312.23 $ 7,805.75 25 10ft Spruce $ 449.08 $ 11,227.00 25 12ft Spruce $ 569.54 $ 14,238.50 12 14ft Spruce $ 788.31 $ 9,459.72 5 16ft Spruce $ 1,138.15 $ 5,690.75 150 5 Gal.Â· Aspen $ 26.84 S 4,026.00 100 7 Gal. Aspen $ 52.04 $ 5,204.00 75 1.5" Cal. Aspen NG $ 136.85 $ 10,263.75 20 2.5" Cal. Aspen NG $ 232.73 $ 4,654.60 100 1 2" Cal. Aspen NG $ 199.96 $ 19,996.00 10 I 3" Cal. , Aspen NG $ 287.85 $ 2,878.50 146,400 I SF I Wildflower Seed $ 0.13 $ 19,032.00 277,400 SF Native Seed $ 0.08 $ 22,192.00 11 1 1 1 LS I Drip Irrigation I $ 16,666.67 $ 16,666.67 S 159,989.39 1111111 lilli lilli 111111 lili lili 1111111111 lili E lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Pa.-r i Maroon Neighborhood Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Maroon Neighborhood Quantity S ize Description Unit Total 5 4ft Spruce $ 145.04 $ 725.20 10 6ft Spruce $ 208.15 S 2,081.50 10 8 ft Spruce $ 312.23 $ 3,122.30 10 10ft Spruce S 449.08 $ 4,490.80 10 12ft Spruce $ 569.54 $ 5,695.40 10 14ft Spruce $ 788.31 $ 7,883.10 8 16ft Spruce $ 1,138.15 $ 9,105.20 100 5 Gal. Aspen $ 26.84 $ 2,684.00 60 7 Gal. Aspen $ 52.04 $ 3,122.40 50 1.5" Cal. Aspen NG $ 136.85 S 6,842.50 10 2.5" Cal. ,Aspen NG I S 232.73 $ 2,327.30 40 2" Cal. , Aspen NG I $ 199.96 S 7,998.40 5 3" Cal. Aspen NG ~ $ 287.65 $ 1,438.25 129,200 ISF iNative Seed I $ 0.08 S 10,336.00 1 1 I LS I Drip Irrigation ~ $ 12,222.22 $ 12.222.22 $ 80,074.57 Based on Robert A. Stern Architects ~ Dated 1-20-98 Sheets L-204 and L-404DWS ' 111'111 lilli 111111111111 1111 lili 1111111 111 mill 11 lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 20 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Affordable Housing Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate 1 AfTordable Housing I Quantity 4 Size i Description Unit 1 Total 23 NA IHousing Unit Allowance $ 6,312.79 ~ $ 145,194.17 1 1 Based on Robert A. Stern Architects plan reduction L401.3 Illl'll lilli ll'111111111 lili lili ll'Illl Ill Illill'lllili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 21 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 Ski Run Reveg. and Weed Control Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Ski Run Vegetation Quantity Size Description Unit ~ Total 4.89 Acre Match exist Grasses $ 3,500.00 [ $ 17,115.00 Not including import topsoil 54 Acre Weed management program during construction $ 200.00 $ 64,800.00 Thistle and weed control by spray or other means 54 Acres for three Years. twice per year 1 111111111111111111111'l lilli lili 1111111Ill'11111111 lili 423271 10/15/1998 03:53P SUB IMPR DAVIS SILVI 22 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 f - , tr : 1 0-14 A$ AlholksÂ£ I. 2..., (.. ' - y -- . -- -4 41'. Â·2Illte 4-4' Â· p~ ,/ I. . / hj - r. 2.9 ' i M _ii:,ovt P . t L Vil 5 / 1 j: . . I r- i_ J 4, J /Li r FL~fbot/\ /'. >4 11.2 1 7 9, - / 'I I ~/LT--3 , 2- 0. 1 / I.;t . ,--* * 0 /-- f 1-- / // -U , - U , 7 , U ' 0 - 11 6- I a &%*FGZa= 42:,iti:/jUE-ih l.--'-- ' ~~~~.31 - 4 2-~ 91#-1 3 I -el/ . . ...de., +. O- C t 1:Jâ‚¬'16Â§ 0-46.-s _42/Â· - -- 9 2- -- ~1Â·6:4<17 1 4 3 1 - L -1 -Â· Â·\, 7[IrtÂ·, - i . 3147Â£ v,!. - ' 9 0 /- 2. C - , 1. - 4. I. - - 3Â¤Â¤â‚¬9Â£.ru ' 0 C "Â£03.I e SM.9,1*IFI,21 i ' Â«44 C ' '**62*EA'fil I 1 ,/4 , .1 9'!t- r-rÂ·11'Â¥ :~1..,11'h# . -sp./. ./3. - 4 - . -4 2, b/1//1IfT 1 \ Ve ,-7 , h 4 j V > 4 lk,Whffre -4 .60' . a Vit i ./Ji=Â£ Â·r--:3; --JOI .b>/ *, e /. . 1 UT -- ,Â«,r. /<f-- ./ ITY-.=b L.....k.,amRÂ·-.F â€¢â€¢5~ li642â„¢44~~~~~~/9-:,MIE=IfieSEE,iffIPAJVAi , PHASING PI.AN t.SPE ni, LILANDS VILLAGE 0 ]0 $ j f - ROBERT A M STERN ARC[In L 11!NES HIGHL,ANDS L HTED P;.RTNERSHIP JUNE 6,1997 331 41 11 i Ill lim lili 111111111111111111111 111111 10/15/1998 03,53.P SUB IMPR DAVIS SZLVI 0.00 0 0.00 H 0.00 PITKIN COUNTY CO B >c L. 6 . T Aspen Highlands Village Final Construction Management Plan Revised October 5, 1998 Overview This Construction Management Plan has been revised to reflect the comments and feedback received from the County Engineer, Bud Eylar, at the annual pre-construction meeting held on April 23,1998. As agreed to at the meeting, this plan is intended to serve as: â€¢ A vehicle of cooperative understandings between the Developer and the County, to be modified and amended (with mutual agreement from both parties) as required â€¢ A source of ongoiong communication with the County's Public Works/Road & Bridge Department in an effort to keep the County informed o f construction activities, work progress, and to keep an open dialogue regarding construction issues that effect the community â€¢ An amended and approved plan for the 1998 construction schedule. The County and the Developer reserve the right to make reasonable changes (with mutual agreement form both parties) to the plan as needed. In preparing the procedures and measures to be incorporated in the construction process for the Aspen Highlands Base Village, it is important to understand both the goals of such programs and the practical realities of the construction process. Our intent is to minimize impacts associated with the construction of the Aspen Highlands Base Village improvements while allowing work to proceed in such a manner as to avoid prolonging the construction period. Travel Demand Measures (TDM) are most often thought of when discussing the progress of an existing development or how to deal with potential impacts from a future development. The concept of utilizing TDM as a part of the construction and development process is a unique idea. Typically, TDM will principally deal with mass transit incentives and auto disincentives. However, other ideas have been investigated relative to TDM and the construction process. Outlined below are several measures the project proposes to implement as a part of the construction process. Travel Demand and Traffic Control Measures The following Traffic Control Plan has been presented and approved by the County Engineer. It will be self-performed by Gould Construction with their certified staff. During the construction ofthe Aspen Highlands Base Village the following TDM and Traffic Control program will be in effect: â€¢ Delivery of construction raw materials will be prohibited during the peak traffic periods. This will limit such delivery access to Aspen Highlands Base Village from 8:00am to 8:30am and from 2:50pm to 3:30pm. The exception to this will be scheduled concrete pours that are time-sensitive due to the quantity of concrete being placed or poured at one time. â€¢ A public notification process through the local papers will be established. Pitkin County has authorized a courtesy sign at the Maroon Creek/Hwy 82 intersection. â€¢ Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times. â€¢ General Conicactor acknowledges that County Road 19, McClain Flats Road, is posted for a 20-Ton Weight I.imit. flie General Contractor shall notify all contractorâ‚¬/cub-Â·contractors , 1 11111 mil 111111 lili 1111 1111111 11111111,1 1,2 : i C.6.5/1998 03:53P SUB IMPR DAVIS - 4 02 00 2 3.00 0 0.00 N 0.00 PITKIN Cutil'f involved in this project with this information. The County shall strictly enforce the Weight Limits on this road. â€¢ Sub-Contractors will be issued a limited number of parking permits for their workers. â€¢ General contractors will be required to provide a parking plan with their individual construction contracts. The General Contractor will contact local bike shops with notification relative to Maroon Creek Road. The General Contractor will have to enforce public safety issues relative to truck taffic and interface with pedestrians & cyclists. â€¢ Contractors will be required to provide van-pooling or car pooling programs as a part of their construction contract. Reduction in payment provisions shall be incorporated into the contracts as a means of ensuring compliance. â€¢ To the greatest extent possible raw materials will be stockpiled on site to try to consolidate deliveries of materials in larger quantities (for example gravel). â€¢ A site traffic/delivery coordinator shall be designated and responsible for monitoring delivery and contractor compliance with the TDM program. â€¢ The covenants and design guidelines for the individual neighborhoods will have provisions regarding contractor parking on the streets. â€¢ There will be no parking allowed on Maroon Creek Road or in the adjoining neighborhoods. â€¢ The Developer and the County may make reasonable changes in the hours resticting hauling activities, based upon changes in traffic loading on Maroon Creek Road and on seasonal activities in the area. The County reserves the right to stop all hauling or constrction activities on Maroon Creek Road for special events or activities (scheduled bike and/or road races, etc.). The County will give the Developer reasonable notice of the imposition of restrictions. â€¢ The Developer acknowledges that hauling activities to and from the jobsite are restricted to the 12 hour period between 7:00 am and 7:00 pm, Monday through Saturday. â€¢ The Contractor will make reasonable efforts to stage trucking activities on site to minimize empty loads to/from the jobsite. â€¢ Prior to each construction season there will be a meeting with RFTA, the Pitkin County Sheriffs Office, the School Superintendent the Pitkin County Director of Public Works and the Developer to review the construction season work program and address any concerns , raised during the previous construction season. In addition to the above measures, Aspen Highlands Bale Village Will plan and implement the following programs: Fugitive Dust Control Plan â€¢ Dust control will be implemented from start to finish of each construction season until the project is complete. â€¢ Contractors will be required to assume all responsibility for dust control and shall carry out proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. â€¢ Contractors will also be required to control dust at the work site by the use of an adequate number of water trucks or an effective palliative using such dust-laying equipment and methods as may be required. â€¢ To the greatest extent possible raw material deliveries to and from the site will be water sprayed or covered with taI-paulins as necessary to additionally minimize dust and dirt from construction operations. 1111111 lilli 11111111'lll lili lili 7%11 Ill 111111111 lili 423271 10/15/1998 03:53F 8 .GUR CAVIS SILVI 25 of 30 R 0.00 D 0. 00 - 3 , E 'i'..: 2 97t)~1NTY CO Public Notification Plan â€¢ I f it becomes necessary to reroute traffic on existing roadways due to construction related activity, the responsible contractor will be required to notify the general public of the detour(s) at least twenty-four (24) hours in advance of the scheduled occurrence. â€¢ All contractors will be required to notify public and/or private utility companies at least forty- eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, contractors will be required to notify the appropriate County authorities and the affected utility users at least twenty-four (24) hours prior to interruption. â€¢ Notice will consist ofthe contractor's posting of prominent and easily read signs, distribution of handbill notices, publication in a local newspaper or a public announcement on local radio, or any combination of these as may be appropriate. Noise Control for Construction Equipment â€¢ The contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. â€¢ All construction equipment operations shall be scheduled to operate only during daylight hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday. 111'111111111111111~imi lill lili 111111111111111111 lili 423271 10/15/1998 -3.5'39 Gi>2 IMPR DAVIS SILVI 26 of 30 R 0.00 R i. 2 4 0 00 PITKIN COUNTY CO Exhibit D Revised Aspen Highlands Village Castle Maroon and Dial-a-Ride Service Plan Castle/Maroon RFTA Route The service plan for the Castle/Maroon RFTA Route service upgrades remains the same as outlined in the Aspen Highland Village Detailed Submission: Consolidated Plan with one exception. The proposed upgrades to the Castle/Maroon RFTA route will be implemented upon occupancy of the dwelling units planned for Phase Three, rather than the reduction of skier parking to 450 vehicles. This is anticipated to coincide with occupancy of the Thunderbowl and Maroon Neighborhood affordable dwelling units and the dwelling units in Buildings Four and Five in approximately 2000. Approximately one year prior to the occupancy of Phase Three the developer will contact RFTA to order a new bus for the Castle/ Maroon route. The Aspen Highlands Village Subdivision Improvement Agreement will establish formal procedures and financial assurance for the upgrade to the Castle/Maroon route. Dial-A-Ride Plan The Moore PUD and Aspen Highlands Village will join together to operate a dial-a-ride service to reduce the need for residents and guests to utilize automobi'les. The operation will offer a door-to- door delivery system and will service trips to areas near Aspen. Transportation service will be provided to the City of Aspen core area and to the airport. The following sections propose a preliminary operations and service plan, and describes the vehicles to be used. Some operations details will be finalized when the service has been established. Operations Plan The system will be operated in a flexible manner to maximize convenience for riders. Service levels will be tailored to demand to provide convenient service. This section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. Service will be initiated with two vans when the developments start to be occupied in approximately the year 2000. The fleet of vehicles and service may be expanded as the developments grow. Service will be provided to the two areas illustrated by Figure 1. Vans will operated on a fixed schedule with pick-ups in the center of Aspen every one-half hour during the winter and summer high seasons. On the other end of the route at AHV and the Moore PUD the vans will drop off and pick up passengers at their origin or destination. During the off-peak seasons services will be reduced to match demand. 111'111 lilli 111111111111111111111111'll b , + ~1 181 1]; F *23271 10/15/1998 03:53P SllB INT I ' of 30 R 0.00 D 0.00 N 0 03 0 r 'Â·â€¢1 ' '' Â·j During the peak season(s), Route # 1 will serve the Aspen Core. Dial-a-ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at Mill Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one-half hour headways at the checkpoints. The second destination, Route 0 2 is the Aspen-Pitkin County Airport. This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necessary because of the alternative transit services available., Departures to the airport will be scheduled ahead of time. Service Plan Prior to initiation of service, AHV shall present a detailed service plan to the RFTA for review. The plan shall include: 1. Estimate of demand; 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. AHV intends to offer dial-a-ride service seven days a week during the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should run later in the evening. Service to the airport will be provided when the airport is operating. The service will be available to all guests and residents in AHV and the Moore PUD. At the end of each of the first three years of operation AHV shall submit an annual report to RFTA at the end of the winter season. The report shall include: 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and 3, Statistics regarding accidents and roadside calls. -aged upon the review of the annur ' rupert, changes in the levels rprvice may be made. 111111111111 F 1 131111111111111111111111 lili 423271 .? SUB IMPR DAVIS SILVI 28 of * 8.00 PITKIN COUNTY CO Vehicles The service will operate vans capable of carrying as many as 12 passengers at one time with space for luggage and skis. Passengers will be able to stand in the vehicles. Eventually, three or four vans may be utilized when both developments are fully occupied. Initially, the fleet will consist of two vans and will be expanded as demand warrants. The vans will be stored in the AHV parking area and will be maintained by local mechanics in the Roaring Fork Valley. If necessary, another van(s) will be rented if a van is out of service for repairs, and high traffic is anticipated. At least one of the vans in the fleet will be equipped with a wheel chair lift for the handicapped. Cost The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. During the winter peak season, it is projected that passenger productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on the service being run. The cost to provide service is estimated to be $ 295,000 per year. Van I 11* * 111111111111111111111111111111111111111111 â€¢ ii Â£,Ai .i B 4':.,1 r . f , ; 9/ 1 5/ 1998 03:53P SUB IMPR DAVIS SILVY .9 R 3.90 0 0.00 N 0.00 PITKIN COUNTY ro Exhibit E MAROON CREEK CORRIDOR IMPROVEMENTS ESTIMATE MAROON CREEK ROAD BIKE PATH/ENTRY LANEAGE' DESCRIPTION QUANTITY UNIT UNIT COST TOTAL EXCAVATION 2,500 CY $ 6.00 $ 15,000.00 3/4" ROADBASE 2,800 TON $ 19.00 $ 53,200.00 HBP 2,200 TON $ 45.00 $ 99,000.00 RETAINAGE 2,200 SF $ 25.00 $ 55,000.00 TRAFFIC CONTROL 1 LS $ 25,000.00 $ 25,000.00 SIGNAGE/STRIPING 1 LS $ 5,000.00 $ 5,000.00 SUBTOTAL $252,200.00 CONTINGENCY 15% $ 37,830.00 TOTAL PRELIMINARY ESTIMATE $ 290,030.00 Â· This is an estimate for bike path and entry laneage only and no costs resulting from sewer improvements in Maroon Creek Road will be included in the costs. As proposed in the Aspen Highlands Village Application, $650,000 is committed to corridor improvements. All costs related to Maroon Creek Road Bike Path (Public Trail)/Entry Laneage shall be paid out of the $650,000 no matter what the actual total ends up being. Any remaining funds could be allocated toward other suggested improvements in the corridor or toward oveday improvements upon completion of the Aspen Highlands Village project. I . 18;2 A J 1 -rn :,El !11111 mill lili lili 111111 Ill m Il'll e 'H C , ' 57)5/1998 03:53P SUB IMPR DAVIS : 4,3 1 0.00 D 0.00 N 0.00 PITKIN CÂ« 8 vi 1-800-322 3022 Form ATT-10-S Attachment 7 ~~ 8.39 R 51 P! AT NOTES 226#ZiLE DECLARANT HEREBY RESERVES FOR ITSELF, ITS SUCCESSORS AND ASSIGNS AND 1 ALL REFERENCES TO THE RECORDED DOCUMENTS REFERRED TO THE REAL ESTATE RECORD GRANTS, SUBJECT TO THE EASEMENTS AND OTHER E'WCUMBRANCES SHOWN OR OF THE CLERK AND RECORDER OF PI TKiN COUNTY, COLORADO. DESCRIBED ON THIS PLAT AND OTHERMiSE CREAIED OR RESERVED HEREIN. THE Subdivision Plat of FOLLOWING 2 UNLESS OTHERWISE NOTED OR CREATED BY THE PLAT ALL EASEMENTS 91090 WERE Block E, Aspen Highlands Village P.U.D. CREATED N THE ANAL PLAT OF "ASPEN HIGHLANDS VILLAGE P U. D. RECORDED ON 1. UnUTY EASEMENT - A NON-EXCLUSIVE EASEMENT TO DECLARANT AND OCTOGER 15. 1998 IN PLAT BOOK 47 AT PAGE 1 AS RECEPTION NO. 423275 (FINAL PLAT) MASTER ASSOCIATION, AND TO UnUTY PROWDERS FOR THE iNSTALLA TiON AND OR IN THE SUPPLEMENTAL PLAT OF BLOCK E, ASPEN HIGHLANDS VILLAGE P U. D., TOWNHOME MAINTENANCE OF UnUTIES OVER. ACROSS AND UNDER (A) ALL ACCESS RESIDENCES MAROON NEIGHBORHOOD. PHASE 1. RECORDED ON JANUARY 12,2000, IN PLAT EASEMENTS AND COMMON DRIVEWAY EASEMENTS; (B) ANY PORTIONS OF THE Â· ~ BOOK 52 AT PAGES 26 & 27 AS RECEPTION NO. 439493 (PHASE 1 PLAT) PROPERTY DESIGNATED AS UnLITY EASEMENT: (C) AND PORTIONS OFF THE TOWNHOME RESIDENCES MAROON = - PROPERTY WHICH MAY aE DESIGNATED RY DECLARAN T. OR Dâ‚¬ MASTER - I. ' ASSOCIATION PURSUANT TO THE DECLARAâ€žON OR THE MASTER DECLARATION 3. THE RIGHTS AND EASEMENTS RESERVED BY THE DECLARANT SHALL NOT V.ERGE *!TH JNCLUDING THOSE TO BE iOCATED IN THE COMMON AREAS OR EXPANSION ANY INTEREST OWNED BY DECLARANT AND SHALL REMAN SEPARATE AND DISTINCT PROPERTY OR WITHIN THE UNITS FOR UnUTY PURPOSES NCLUD;NG DUCTS. NEIGHBORHOOD, Phase 2 PROPERTr RIGHTS OF THE DECLARANT UNDL REL~NQUISHED w ACCORDANCE M TH LAW AND SHAFTS, FLUES AND CONDUIT INSTALLATION AREAS; AND (D) ANY POR RONS OF SHALL NOT BE DEEMED CONVEYED OR ASS/GNED OR TRANSFERRED TO ANY PARTY UNLESS THE PROPERTY *HIGH MAY BE DEStGNATED BY THE DECLARANT OR THE AN ASSIGNMENT ~S RECORDED AS PROVIDED 2N RE RESERVARONS SECTION PARAGRAPH 4 ASSOCIATMON UPON COMPLETION OF THE STRUCTURES WITH COMMON PARTY WALLS County of Pitkin, State of Colorado MEI@*IN, POR W /WAPOOZE 6/ *ROVIDINO U'MUY#~1 10 M INDIVIOUAL UN#,1 1'-OU- THE COMMON PARTY WALLS OR OTHER 9â„¢UCTURAL COMPONENTS. IN NO EVENT SHALL THE UT:LiTY COMPANIES EXERaSE THE RIGHTS KEREN EXCEPT TO THE 4. THIS PLAT IS SUPPLEMENTAL AND SUBJECT TO THE FINAL PLAT AND THE PHASE 1 PLAT. EXTENT REASONABLY AND IMELY NECESSARY. UT]UnES SHALL INCLUDE ELECTRIC. GAS, CABLE TELEVISION. TELEPHONE, WATER LINES AND SAN#TARY SEWER LINES. Pursuant to Board of County Commissioner's 5. THE TIE BETWEEN THE NORTH CORNER OF BLOCK B AND THE NW 1/16 CORNER OF SECTION 14 6 NFORMA110NAL USE FOR THE Orr OF ASPEN. THE TE W NO WAY 2. DRAINAGE AND IRRIGATION EASEMENT-A NON-EXCLUSVE DRAINAGE AND Resolution Nos. 97-167 and 98-79 SUPERSEDES THE PLAT OF RECORD OFF ASPEN HiGHLANDS 'ALLAGE P.U.D., RECORDED ON JRRIGATION EASEMENT TO THE DECLARANT INCLUDING THE RIGHT OF VEH/CULAR OCTOBER 15, 1998 IN PLAT BOOK 47, AT PAGE 1. ACCESS TO MAINTAiN THEM AS MAY BE ADVISABLE FOR THE INSTALLATION. RESERVATIONS CONSTRUCTION AND MAINTENANCE OF IRRIGA TION AND DRAINAGE W'ITHIN THE DEvELOPMENT OVER. UNDER AND ACROSS THOSE AREAS SHOWN ON THIS PLAT AS 6. THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETEPHINE FAINAGE EASEMENT. mAT PORTION Of THE ORAiNAGE EASEMENT LOCATED \ THE DECLARANT HEREBY RESERVES TO ITSELF AND ITS SUCCESSORS AND ASSLGNS, OWNERSHiP OR TO DiSCOVER NFORMATION PERTAINING TO OWNERSHIP. EASEJENTS OR ACROSS UNIT 5 CREATED BY THiS PLAT G HEREBY UMITED N SCOPE TO ONLY ("DECLARAN T) THE FOLLOWING: OTHER ENCUMBRANCES OF RECORD HAVE BEEN TAKEN FROM A TITLE INSURANCE SUCH AREA OF UNIT 5 THAT LES BELOW ANY AND ALL BUILDKNG IMPROVEMENTS COWMiâ„¢ENT ISSUED BY LAND TITLE GUARANTEE COMPANY DATED OCTOBER 24. 2001 CONSTRUCTED UPON ANY SUCH AFFECTED LOT AND THE RIGHT OF iNGRESS AND NUMBER 0381121-3 EGRESS TO THE DRANAGE EASEMENT SHALL NOT iNCLUDE THE RIGHT TO ENTER T. DEVELOPMENT - THE RIGHT TO ENTER UPON THE PROPERTY FOR rHE PERFORMANCE OF ANY WORK, FOR THE DEVELOPMENT Of- THE PROPERTY AND THE UPON WMPROVEMENT LOCATED ABOVE THE DRAINAGE EASEMENT WITHOUT THE ATTACHMENT 7 PRfOR CONSENT OF THE OWNER OF UNIT 5. AN EASEMENT IS HEREBY RESERVED R,GHT TO GRANT ADDITIONAL EASEMENTS AND RELOCATE AND/OR SUBSTITUTE 7 TRASH STORAGE ON THE PROPERTY CREATED BY THIS PLAT SHALL BE PROVIDED ?N THE BY DECLARANT AND GRANTED TO ALL SUCCESSORS IN THE O#IERSHP OF- UNIT 5 EXISTING EASEMENTS Wim RESPECT TO THE .ROPERTY. AS MORE SPECIF~CALLY SET GARAGES CONSIRUC TED ON EACH WANT. FOR THE ENCROACHMENT OF BULDING IMPROVEMENTS AS CURRENTLY FORTH AND RESERVED W THE DECLARATION. DECLARANT HAS RESERVED THE RIGHT CONSTRUCTED fOR AS RECONSTRUCTED IN SUBSTANTIALLY THE SAME MANNER) DEDICATION AND CERTIFICATION OF OWNFOSHIP TO DEVELOP, CONSTRUCT AND SELL THE OEVELOPâ€¢ENT AS APPROVED IN THE LNTO THE ORAINAGE EASEMENT, DEVELOPMENTS APPROVALS FOR THE ASPEN HIGHLANDS 'ALLAGE AND RESERVES THE 8. Sâ„¢BOLS FOR UTILinES SHOWN ON THIS PLAT ARE AT THE REQUEST OF THE CITY OF RIGHT TO GRANT FURTHER EASEMENTS AS MAY BE NECESSARY FOR THAT ASPEN. LOCATONS ARE GRAPHtCALLY CORRECT HOWEVER THEY DO NOT CONSTITUTE A KNOW ALL MEN BY THESE PRESENTS THAT HiNES HjGHLANDS L~Mt TED PARTNERSMP (DECLARANT") 4S THE DEVELOPMENT. RECORD SURVEY. i COMMON DRIVEWAY EASEMENTS OWNER OF THAT REAL PROPERTY SITUATED * 21â„¢W COUNTY COLORADO AND wiNG WITHN THE EXTERiOR BOUNDARY OF "ASPEN HIGHLBNOS VILLAGE TOWNHOME RESIDENCES yAROON NOGHBORHOODE BLOCK 'E" ASPEN (A) A NON-EXCLUSIVE EASEMENT TO THE ASSOCIA HON AND TO THE OWNERS OF HiGHLANDS VILLAGE P U.D.. SECTION 14 TOWNSHIP 10 SOUTH, RANGE 85 wEST OF THE 61'H P.M., COUNTY OF 2. WATER RIGHTS - DECLARAN T RESERVES ALL WA TER RIGH TS. DITCH RIGHTS. CMTCH 9. BUILDING FOOT PRINTS NCLUDED ON THiS PLAT FOR INFORMATIONAL PURPOSES ONLY. PITKIN, STATE OF COLORADO, EEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.Â· UNITS 1. 2, 3. 4, 5 AND 6. SHOWN ON THIS PLAT AND UNIT 11 AS SHOWN ON EASEMENTS, WATER RELATED STRUCTURES. DRAINAGE EASEMENTS OF ANY KIND AND THE ASPEN H?GHLANDS V]LLAGE + U.D.. TOWNHOMES RESOENCES MAROON NATURE WHATSOEVER, WHETHER APPORTENANT TO OR LOCATED ON THE PROPERTY NEIGHBORHOOD, PHASE 1. RECORDED JANUARY 12, 2000. IN PLAT BOOK 52 AT OR OTHERMISE FOR ITS EXCLUSIVE USE AND BENEFIT AND A ENCULAR ACCESS 10. BEARNGS ARE BASED ON THE RECORD BEARING BETWEEN BLM BRASS CAPS AT THE PESPECTIVE GUESTS, AGENTS, EMPLOYEES, LICENSEES AND INVI TEES OVER AND PHASE 1 ACCORDING -TO THE SUPPLEMENTAL PLAT THEREOF RECORDED AT PLAT BOOK 52 PAGES 26 & 27 AS RECEPBON PAGE 26. RECEPTION NO. 439493, PITKIN COUNTY. COLORADO, AND THEIR EXPANSiON PROPER ry BLOCK E. ASPEN HIGHLANDS VILLAGE P.U.D., TOWNHOME RESiDENCES MAROON NEIGHBORHOOD. EASEMENT FOR THE MAINTENANCE THEREOF. DECLARAN T RESERVES THE RIGHT TO CENTER 1/4 CORNER AND THE WEST 1/4 OF SECTION 14 T.l OS. R 85 W 673 1.M., !S ACROSS DiAT PORTiON OF THE COMMON AREA DEPICTED ON MS PLAT AS NO. 439493, COUNTY OFF PITKiN. STATE OF COLORADO. CONVEY By QUIT CLATM SEED TO THE ASSOCIATION. WATER RIGHTS. DITCH RIGHTS N89'39'34-W AS SHOWN ON THE 1978 BLM DEPENDENT RESURVEY OF SAD TOWNSHIP AND 'COMMON ORIVE WAY EASEMENT UNITS 1 THRU 6 AND 13 FOR THE CONSTRUCTION. AND DRANAGE EASEMENTS AS RT DEEMS ADMSABLE AND AN EASEMENT FOR THE THE FINAL PLAT OF ASPEN HIGHLANDS VILLAGE PUD RECORDED AT PiTKiN COUNTY, MANTENANCE AND USE OF A DRIVEWAY FOR INGRESS AND EGRESS TO SAID UNITS THAT DECLARANT HAS CAUSED SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS 2ND SUPPLEMENTAL MAINTENANCE THEREOF. COLORADO. 1, 2,3, 4, 5, 6 AND 13. PLAT OF BLOCK E. -ASPEN HIGHLANDS VELAGE TOVWIHOME RESIDENCES MAROON NEIGHBORHOOD" PHASE 2 CTOWNHOMES') (B) A NON-EXCLUSIVE EASEMENT TO THE ASSOCIATION AND TO THE OWNERS OF IN PITKIN COUNTY, COLORADO, SUBJECT TO IHE EASEMENTS AND OTHER UENS AND ENCUMBRANCES SHO- COR 3. SUCCESSORS AND ASSIGNS - SUCCESSOR AND ASSIGN OF DECLARANT, AS USED 11. THE PROPERTY !S SUBJECT 70 MiNERAL RIGHTS AND RIGHTS OF WAY FOR DITCHES OR UNITS 7,8,9 AND 10. AS SHOWN ON THE PLAL AND THEIR REEPECTIVE GUESTS. DESCRIBED ON THIS PLAT OR iN THE DECLARAnON FOR ASPEN HjGHLANDS viLLAGE TOWNHOME RES!DENCES WAROON HEREIN, SHALL BE DEEMED A SUCCESSOR AND ASSIGN OF DECLARANT FOR THE CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES W UNDED STATES AGENTS, EMPLOYEES. UCENSEES AND 2NVITEES OVER AND ACROSS THAT PORTION NEiGHBORHOOD RECORDED ON 1 2 JAN. 2000 AS RECEPTION NO. 439434 (-DECLARATION-) AND N THE DECLARA'RON PURPOSES HEREOF ONLY E SPECIFICALLY DESGNED BY DECLARANT BY AN PATENTS RECORDED N BOOK 181 AT PAGE 506. OF THE COMMON AREA DEPICTED ON TMS PLAT AS -COMMON DRIVEWAY FOR ASPEN HiGHLANOS 'ALLAGE RECORDED ON OCTOBER 15, 1998 AS RECEPTION NO. 423272, iNSTRUMENT RECORDED JN THE RECORDS OF PIT?ON COUNTY, COLORADO. AND ONLY EASEMENT UNITS 7 THRU 10' FOR THE CONSTRUCTION. MAINTENANCE AND USE OF <"MASTER DECLARATION"), INCORPORATED BY REFERENCE HEREIN. TO THE PARTICULAR RIGHTS AND iNIERESTS SPECIFICALLY DESIGNATED THERON. A DR/VEWAY FOR jNGRESS AND EGRESS TO SAID UNI TS 7,8,9 AND I 0. 12. IN ACCORDANCE WITH 0.R. S. 13-30-105.Â· NOTICE: ACCORDING TO COLORADO LAW. YOU MUST CWMENICE ANY LEGAL ACTION BASED UPON ANY DEFECT }N THIS SURVEY MTHIN THREE (3) YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY 4. JUNC-RON BOX EASEMENT- A NON-EXCLUSIVE EASEMENT CJUNCION BOX TIn F FXAMiNER'S CFRUFICATE ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (10) EASEMEN T-) TO THE SUCCESSOR OWNERS OF THE BENEFITED UNHTS DESCRIBED IN HNES HIGHLANDS LIMITED PARTNERSHIP. YEARS FROM THE DATE OF THE CERSFICA NON SHOWN HEREON. THIS NOTE 4 ON. OVER, UNDER, ABOVE AND THROUGH THOSE POPTiONS OF THE A DELAWARE L,W?TED PARTNERSHP THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTA TM OF LAND THLE BURDENED UNf TS DESCRIBED W THIS PLAT NOTE AS ARE NECESSARY FOR GUARANTEE COMPANY. A TITLE COMPANY REGULARLY DOING OUSINESS ,N Pfâ„¢IN ACCESS TO AND USE ELECTRCAL FEEDERS. CONDUITS, JUNCTON BOXES AND BY ASPEN HIGHLANDS SKIING ' COUNTY, COLORADO DOES HEREBY CERTIFY THAT THE PERSON USTED AS OWNER ON U DUTY SERVACE TO THE BENEFITED UN#L SUCH ACCESS AND USE SHALL BE PARTNER ASSOCIATED EQUIPMENT LOCATED WITHIN THE BURDENED UNIT BUT WHICH PROVIDE CORPORATION, A DELAWARE THIS PLAT HOLDS FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY. Â¥ACATION AND FF{ OCAnON OF EASEMFNTS 0~*N<-T* FREE AND CLEAR OF ALL L ENS AND ENCUMBRANCES EXCEPT THOSE LISTED N THE PERMITTED ONLY AFTER THREE (3) DAYS PR#OR WRITTEN NOTICE TO THE OWNER CERnACA TE OF OWNERSHIP ALTHOUGH WE BELIEVE TNE FACTS STATED ON THIS This section of tle Existing Son,tory Sewer Easements for Block E previously created by the OF THE BENEFITED UNLT N THE MANNER PROVIDED IN THE DECLARATION, EXCEPT , PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF Find Plot and Phase 1 Plat to be vocoted by the Decrorant pursuant to its reseryoteon of THAT IMMEDIATE ACCESS SHALL BE GRANTED N THE EVENT OF AN EMERGENCY. 71TLE NOR? AN ORMON OF TITLE, NORA GUARANTEE OF TITLE, AND IT IS rights or the Finol Plat and tne Phase 1 Plat more fully Described as follows: THE JUNCT-!ON BOX EASEMENT SHALL BENEFIT AND BURDEN CERTAIN UNITS, AS ROBERT E. DANIEL JR., VICE PRESIDENT FOLLOWS: STATE OF COLORADO ) UNDERSTOOD AND AGREED THAT LAND TiTLE GUARANTEE COMPANY NEITHER ASSUMES NOR WLL BE CHARGED M TH AN Y ANANCIAL OBUGA NON OR LIABUTY A parcal of land loccted in the Northeast portion of Block E as shown on the Final Plet and ) sys. WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. Phose 1 PIm being more porticularly described as follows: A. 7ME JUNCTION BOX EASEMENT SHALL BURDEN UNKT 2 FOR THE BENEFIT OF UNIT L COUNTY OF Pt TKIN ) DATED T~7 90 DAY OF 911~14 AD. 2002 Beginning at c common corner to Block E and Brock D as shown on the Final B. THE JUNCTION BOX EASEMENT SHALL BURDEN UNIT 4 FOR THE Plat from which th, West 1/4 corner of Section 14 Township 10 South, Range BENEAT OF UNIT 3 THIS PLAT HAS BEEN DULY ACKNOWLEDGED BEFORE ME THIS ~ - DAY OF ~0111111(~*__ AQENf; - 'Â«.f~:f 85 West Sth P.M. bears N56 34'43~W o distance of 569.32 feet; thence C â„¢E JUNCTION BOX EASEMENT SHALL BURDEN UNIT 5 FOR THE 2002 BY ROBERT E. DANREL JR. ACE PRES:DENT OF ASPEN HIGHLANDS SKIING CORPORABON, A DELAWARE BENEFIT OF- UNiT 6. 446Â·24'23-E along the common Une to said Block E and Stock D c distance D. THE JUNCTION BOX EASEMENT SHALL BURDEN UNIT 10 FOR THE CORPORATION, AS GENERAL PARTNER Of HINES H,GHLANDS LIMITED PARTNERSHiP. A DELAWARE LN*TED of 64.85 feet; thence leaving said Une N43'35'37-* a distance of 20 feet; BENEFIT OF UNIT 9. PARTNERSHIP. thence 546'24'23~W a distance of 89.09 feet thence 343'35'37=E o distance E. THE JUNCTION BOX EASEMENT SHALL BURDEN UNIT 7 FOR THE of 20 fiet: thence N 46'24'23- o distance of 24.38 feet to the point of BENEFIT OF UNIT 8. MTNESS UY HAND AND OFFICIAL SEAL. beginning: soid parcel contains 0.04 ocres more of less. STATE OF COLORADO) U Â·f COMUISSION EAFMRES: _.98~1919&. -The above section is to be vocated ond the scnitary sewer easement snall De relocoted gs 5. PEDESTRIAN EASEMENT A NON-EXCLUS!VE EASEMENT TO THE OWNERS OF ALL < 3 )SS described in eaaernents note l of this pict and os shown on page 2 of this pot. Aspen UNIf TS NITHIN BLOCK E ON. OVER ANO ACROSS THAT PORTTON OF THE COMMON . / i ll0Â· Â· sy :1 COUNTY OF PITKIN ) Consolkiated Sanitction District. a Cojoicdo special district. hereby consents that the sanitary AREA DEACTED ON TMS PLAT AS -COMMON DRA,EWAY EASEMENT UNITS 1 THRU 6 1Â£1~94Â«-Â«tfl THUOREGOING INSTRUUEN T WAS ACKNOWLEDGED BEFORE ME THIS ~_ DAY OF 1131 r.%2Zf 2473%elf;'13/1Â°Zof,Z- rf rotiorized,15'1~ = 3952;' fhe AND 13' FOR PEDESTMN UNGRESS AND EGRESS TO ALL SUCH UNATS. ~NOTARY ~92; _.1â€¢1=.CL__- A.D.. 2002 BY: JOKâ€¢, 04. AN,le, Tr, AS TITLE provided that the installation of the reiccated utility is mode consistent with 00 rules, EXAMINER FOR LAND TITLE GUARANTEE COMPANY. regulations specifications of the Aspen Consolidated Sonitation District and sold new son,tory sewer easement is hereby dedicated to the District pursuant to ;tonaord District, format. WY COMMISSiON EXPIRES: 4~ /.sjAâ€¢e $/ 76% ,-+AAÂ¥.44 N** ru 791 -,U.Il,ud 204,twt*e-tâ€¢' 4,4 .,46< Y.16 2 PYL e.kl~â€¢1' +L - L COMMUNITY DEVELOPMENT DIRFCTOR APPROVAI GALL . Â· i ./ i Executed this __1:1 day of -Sh:,lu*/4 2002 NOTA~ -'- C 1 t~ic 3 y STATE OF 54 iRA: 0 1 ASPEN CENSOUDAWD SANIT~ION DISTRICT THIS SUBDIVISiON PLAT OF BLOCK E, ASPEN HIGHLANDS VILLAGE PUD WAS REVIEWED /7 ' AND APPROVED BY ME COMMUNITY DEVELOPMENT DIRECTOR OF THE Cf TY OF JSPEN. Cl ERK & RECORnFRS CFRTIFICATE - s. c -dil G 4.--LF COLORADO. COMMUN11-Y DEVELOPMENT DEPARâ„¢ENT ON THiS ,l21_ DAY OF .2~6- 2002. / i HEREBY CERTIFY THAT THIS -SUBOIVISION PLAT Of BLOCK E. ASPEN HIGHLANDS VILLAGE Print Name- 7-,+*kâ€¢a 8. 342'2*â‚¬44- P. U.D. TOWNHOME RESIDENCES MAROON NE!GHEORHOOD. PHASE 2" WAS ACCEPTED FOR SURVEYORS CER AF1CATE Title: 1142*-T/04/6,7- CILL.Â£-3 ZsÂ·Â»- RECORDING 14 THE ~FICE OF THE CLER'LAND RECORDER OF P1 TKIN COUNTY, COLORADO. A, STEPHEN L. EHLERS, A DULY REGISTERED f'ROFESSIONAL LAND SUREVOR STATE OF (1046'16-8 3 1 AT--21~_ O'CLOCK L.U. ON THIS..1- DAY OF .''n?,111&114 2002 AND:S IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS SUBDIVISION )= J~ Ann Woods, Ofrector DULY RECORDED W PLAT BOOK J~1_ AT PAGE 5\-91 AS RECEP'nON NO. UH&774 . PLAT OF BLOCK E, ~ASPEN HiGHLAI%IDS VILLAGE TOWNHOME RESIDENCES COUNTY OF '72â‚¬%44 ) 4 MAROON NEIGHBORHOOD PHASE 2~ TRULY AND CORRECTLY REPRESEN TS IME ttlike; 2 K ' 13 51 1 ....1~1.imi f.-, r.-i \ RESUL TS OF A SURVEY MADE UNDER WY DIRECT RESPONSaLLTY, SUPERVIS/ON The foregoing Consent to Relocation of Eosements was acknowledged before me this 31-- AND CHECKING, WHICH SURVEY WAS PREPARED IN ACCORDANCE WITH ARTICLE CITY ENG#NEER S APPROVAL 51 OF TITUE 38 OF THE COLORADO REVISED STATUTES, AND THAT THIS PLAT day 4-62'44-1 2002, by 1-3 /4 'brk* c-Eucit- (nome) as ATKIN COUNTY CLERK AND RECORDER - 1. -23.-Â· J i 7 - CONTAINS ALL THE i EON REQUIRED BY COLORADO REVISED STATUTES 14?Citâ€¢hÂ·Â·EÂ·19 â€¢71(itie), of Aspen Consondated Sanit*}OF Om.kiyt. TH?S SUBDf VISKON PLAT BLOCK E. ASPEN HIGHLANDS VILLAGE PUO WAS REVIEWED AND 38-33.3-209. LF A APEROVED 87 11,E CITY ENGINEER OF THE aTY oF ASPEN THIS 4.46 DAY OF' WITNESS my hand and official seal. -& .14 _/-&-k._ -~, 2002 My Commission expiresÂ· ,5 /> r.1 SUSE=43 f i A. SRUCE ' 4 /5-4447 01 0; 1, MATkiERLY :' 4~ , O TÂ¥ ENG#NEER COLORAD~IST-~8'PRO;~ONAL DATE Notory Puttic V 4' B' ' 272 LAND SURV~82 .NO. 201111 9 V A-Â·47 94*Di,39 4itiN>0 Af.... /EMS,ON DATE * job No. 99067A-02 According to Colorndi Low. you must SCHMUESER GORDON MEYER 1 ' r.......co lly ./ 'clon 'cled upon Iny Drown by: tknt defeci in Â·nie sumey within t'ree yean ch,r 118% 6TH STREET, SUITE 200 Phase 2 . i you first discover such de~ct . n. event GLENWOOD SPRINGS. COLORADO 8160 mo, iny Nol teuon Dcaad upon ary Def,ct in tMs sun"/ 1/ commencad more than ten (970) 945-1 004 FAX (970) 945-5948 Aspen Highlands Village PUD Dct/: 01/08/02 Townhomes 'eoa .... the dcte /' th' certific/tion 'holl SCHMUESER 1 GORDON ' MEYER ASPEN, COLORADO (970) 925-6727 Approved OF 2 na,0-, -4-'St ./9 EN'IN./.3 . SURVE-'ll E.mallÂ· survey@sgrn-4.c.corn Ale: 1 I IllmIllbiitiu1811 <~|~~|~~|~~|~~|~~~~~~~~~~~~~~ ,~~~,~~~~ ~35~ ~ 2- Ill'111111111 glivIA DAVIS PITKIN COuNTY CO R 20 00 0 0 00 W \19*119'Ub/4 02\0/g\Blkt ! /1 owy lue J.in ot! 16 18 28 2002 56#4 il,L Pid, e 9/ulÂ· 1/ 11 idlb *le['el I Â£199919906. (12'I.'8~NIct fpi /~g S..=c Twe. 08 ~0 204~2 2.prn f'kmed 1- 06 ./n 2002 4 1//. bnove * '* *8*3 B. 39 P 52 CURVE TABLE = GAQHMENT rL- wRVE.yANUS LENGTH LANGENT ,' CAORD DIST '. CHORD 8EARING DELIA 24.12' ' (3 l 336.81 951.06 76.82 ' 1/9 79 388'34'37-Â£ 2541'47- 01 28275 152.42 78.11 \ 150.58 1 382Â·20'337 30Â·53'10. C2 100 00 20.38 '0.22 ' 20.34 1 Â·,72'44'13-f 7Â·40'2 .- ~ 3 0 / 1 04 20.00 23.35 3.21 1 22 35 342Â· 16'42'E 66*54'04 Â·'jj C5 | 528.00 4336 21.69 ~ 43.35 | .1'10Â·48'21* 3'5722 J 1 06 ' 270 00 38 1.15 230 13 350.28 i 527-39293/ 80'53'01- 1 07 1 20.00 33.97 22.73 \ 300.3 \ N63'74'4714 9 810" i ca 102.50 90.89 48.58 1 87 25 ~ 939Â·59'36"E 50Â·48'3:* /~/ 3161'~'~ li X ~. (9 \ 260.00 38.77 19.42 \ 38.74 , S5713'037* 8Â·3239 1 ; A 010 ~?1250 1140 5.70 \ 7 1.39 \ 523Â·16277 5Â·48 'S 5 4.97 2.29 2 '27 1 501*18'08"E 2825'07- . I , :13 ~ 501 8.85 5.44 1 8.07 \ â‚¬0726527 84' -9'58- g k GRAPHIC SCALE d ' n 4\, 1 4> â€žÂ£ 4 1 314 I 292; 25.48 !3.62 \ 24 68 J 419Â·59'0'14 49'59'38 20 0 '0 m '0 1 f# 43Â· A '60 (15 1 287 75 16.38 8 1 9 \ 582Â·25'121* 3~15 39 26 ',331.51 6.42 324 6.48 \ A,89Â·11'50'3 1Â·07'06 C26 10.00 31.08 621.32 \ 19.99 ~ 434Â·57'23'W !78'09'23- { IN FEET ) EL 2 9.00 04.81 8 87 . .2 04 509Â·32'04'W 89â€¢10'42' 19 - . Gle: 1 61 go 7, 45 6.70 \ SaeÂ· TI'll'-i 85'21710" 027 I â€¢90.00 '58 44 84 '5 1 -5389 ' 99Â·52'29"E 4746'40~ e 4 k Unit 6 C28 # 9900 3784 19.:5 \~ 3761 ~ NST,1'1'W 2Â·'54'00 c.29 ~ 29 00 3/.97 17.23 30.38 A 366 33'05-E 53.70'.. , 1 20.89 *0.52 20.81 289'57'37"W 1 7/39k2 1 r<422- ;2Â»4,~...., 1%~ ty r. 0.10 Acres CE 29.00 26.20 , 4.07 1 25.32 \ 55'Â·55'281Â¥ 51Â·46'15 I.) CIO 1 2.32 1 10.00 481 1525 :6.73 12575'56.W 1:.5-29'48" Â£3 / 442*Z*% 232*k../2 34#4Â»49 --f.... ,// ,/86.- --- *tf.-6, *4 g \ i 033 \ '02.50 1 3.89 5.95 '' 58 362'04'29'5 6-3845 * 234 j 27000 21.44 l0. 72 2143 i 912Â·30'33"E 4Â·32'58 PE C35 270 00 21.74 Â·088 21.74 1 SO5.555'38"E 4Â·36'51 (36 ~ 336,81 57 16 28.65 57.30 i 580'35283- 9'43'08 4 - 4*'. 12 \ -6~ Acnit 5 I %: 1 61,9 5; % :362 2721 ' 520Â·43 562 5'46'32 h. Â·2 90 1 22 55 1 /65Â·32'59 7 58~1137~ ..i K 0.10 Acres ~ C 39 1 102.50 38.20 19.33 1 3798 1 325Â·Â·5'59-E Â·2;Â·21'Â·8" 7 *,4 \\\\\\ 4- -4 BA- * . / \ 9-100 . Â· Unit 7 2 -T ., 0' Drainqi & 5 / .Ob S \ \ Common /3* - -*>,3.â€¢ 0.10 Acres ------4,~ frr#Uen Eutmeht ar"e â€¢ay V. ~~ ~ tiff, ~* 242 ,ABLE 1 A,seme.1,2 M .â€¢ 1 / l 2.IE SE.P.G LEN Gpi //3/< miity 7 L,bru 10 ~~ i r . :-ek, Â£~ - 1 L; :12Â·47'027 / 20 65 kA; ' a.7 | 41â€¢ Â·3520 19 I 2,91 \ 1 /3 568Â·05 59 Â¥ 5.45 1 '6 \ 902'56'329 1, 3.32 , I Â£4 1 487.03'2814 H, 24 8/ 1 125416 unit 8 -7 1~ 1 , \\ \1\ j '3 7 Uhit 4 \ \ I 15 ~ 70.2-56'322 071 41.92 1 1 '66 O.10 Acres , 17 , 609'53'08'W \ 21 19 0.10 Acres 4% L27 1, 10 4444 14*4441Â« \' 10+ LS I .45632'~52 1 )4 52 *9 222Â·56' 17 7/ 59 / & . i | JO N8703'28-W , 6.DOJ f -- 1 19.75' & 1 -* 4,419'Of,1 1 \ 1 Â£" â€¢86-38'54-W .,9.48 84 16-1%*4 -$A Com,non I ' i & 1 , = 91.08 z ' 2'2 422Â·33261 \ '0 49 7 7, 9 - Area 31 0 1 * i 7- 2 + -. 2,3 /67Â·36'21 "W ,Â·2.27 ..Ii.'91 1 1 L;4 .922Â·17307 | 5 85 - 2~ 40172'14..1 / Â£16 967/2 WY \ 6.67 lili i 9 L!5 467-42'70*W 5 11.34 f,-40 --- Unit 3 u 5,6742'10T j S.67 24 50' , 1 1 1,/ 522-t 9'03-N , Â· 2.36 71 1 4 0.10 Acres V4 1/1 + 419 577Â·51-1 7'W \ 15 10 0.10 Acres ~ 0.10 Acres ' i~ Unit 10 1 Unit 9 15 1 , 1.. 1 /M 91 4 -9211* 4--iÂ» e 1 r '23 :00 05337 1 1,47 1 -1. L24 N64'40'791Â¥ 21 '4 A ilf Ut_.4 - - Â£22 A/14Â·19'04"* 1 2125 - Â£25 S ~ 4 2 2 '23'E V IC \ 0 83 \#254 - 55706'3814 1 14 71 5/917'03/ 49 * CNIT #13 CJ.2 ..~> 62.7 A Â£27 50?Â·33''St + '3.35 1//f f Â· 1 1 4 h f-- 4 Â«'4& ./ 9 1*in NG' 14. R O 1 679 /1 7-57'01 "W ~ !002 J N7924'351Â¥ 1 23.03 .30 %36Â·08'41, 4.93 1 -- 7111- r.l <ty $ Aspen High'arTTZ~TIPI'l <61 \ m L.37 575Â·40'551Â¥ ~ 10.99 \ 2, 039 02 :454Â·58'321 â€¢, 1 06 \ s_ -j 4 Â· L33 :54Â·58Â·32"E \ 72 50 Phaae r Townhomes. L34 335Â·01 '28~5 ~ 4-44 4--1---1 1 Mon>on Neight,o,hood I Uni t 2 Â£,r-Â·Â·--â€¢LL.~21klll,1 Book 52, Poge 12 -130;2 4 4"'40- O.10 Acres LO t /36 N.35'DO 427Â¥ , 8.99 20Â·2' ,&47 .6'-i .5 15458'32'E ' 1792 'll - :t'' .' . + M 4 0 L38 /581453'W r 10 73 I1/7 4 1 9 .e 4 L37 N54-58'327 ~ 3 23 1 \-3 , 101 LJ@ 431Â·45'049 l 9 88 4 2~ainon *5 â€ž~~ f 222, f '44.1 1 , Â·2 i LAO N8708*06'W , '2 55 1 *e.4 Legend - ' '%Â· 4 1 - "04. -.*- 558-15'26-E \ '4 87 .r 0/1 41 1 V Unit 1 AL- ~5 ieil 142 SH'35'571V \ 16.44 I .4 L43 â‚¬58 1413-E 7 21 244 531Â·45'07'W ~ 15 74 (*) cound Mon,ments - Retar & Cap Marwed L.S.20133 h N. 6 f 0, 9 cz~,ii 111 4 .~~-Â«~ 0. 11 Acres i L45 15816'07'W 18.20 LV 46 3523-:4'53-E 11.30 M Elect.neal -ransfor-er *22 0 , .4 4..4 1 L48 375'2;'37"E '9 31 ~ Dral noge Monnole 4 .47 575'40'56'W 12.SO '82>67 1 5--- 11 t .2 1 -49 44652'341Â¥ :5 34 .trl h .3 Â»Â·ir 2-Â· . 4 1 I. 1.50 722 17'5072 .55 * Fire rlydront /5 6 6 1.|1 . 30 4 0 -Â»d . ~ Sewer Monhole Â£52 33427'39 -W ?3 18 6 b ff P f-,3 451 ;812558"E 5.25 h S.Â·-Wi.; 2 44*. B - \ 5 /1. 4 Â£62 2 ee 51 . 14 t i --- , I ./ -55 98Â·-5 r49'/ 34-00 |- Common Driveway Easement . 72121 1 1/Â·51 .56 576Â·43-041Â¥ 11 70 -I.t ..4, d U.... 1355'35-E - I.- : 9 M 6. . ~ 308'27'45'W I .57 458'1'07-W 2.3 L58 '25-09'407 ~ 14.74 L59 ~,29-40'331. 8.0 Common Area /4 1.- w i.\... c34 + ~ I /61 2 28Â·irw \ 8.,4 0 11 - - W ST,-30'10-W 1 10.93 r . L63 562'3249-E \ 73.53 M. %-. * L64 N2727'11"E 1 10 33 $ W 1/4 Sec. 14, T. 106., R.85*. 66 N!4'23'13"W 9 3 79 L 65 42/279 1 2- ' Â·0 55 Phd BLM Brass Cop -67 Na?Â·22'261Â¥ L 17.06 .8 /21 62*19</ - f. Â£ 69 b,23-40'52 -14 7471 23.1, #. ./ Im//0'451, 1 29.3.5 I X. - .72 Nor21'06Â»5 1 23 /O \ Common Area = 0.95 Acres 673 .89-7 3 49;Â¥ 1 :5 58 NOW GATE 9Â¥ Job No 99067A.02 i 1 BER REV~SON kcording to Colomdo 1//, P u must SCHMUESER GORDON MEYER 2 con/le'll Iny Â·eqc ./bon b...6 u.on any ,ou ~ir~ drscover Euth detect ~ ic eâ€¢M GLENWOOD SPRINGS. COLORADO 81601 Phase 2 Drown by: Â¢km de'Ct ' this survey within .re' yecr3 'Rer 18 W. 6â„¢ STREET, SUITE 200 6 rnâ‚¬* Crky egot Ocba n baaed upon any detect (970) 945- 1004 FAX (970} 945-5948 Aspen Highlands Village Â£17'IÂ·Â· 01/08/02 th,5 Dur-y 00 commenced mar' the, ten Townhomes Approved. of 2 t yen Nom Me dofe : the certiketion mÂ©wn SCHMUESER , GORDON i MEYER ASPEN, COLORADO (97CD 925-6727 Fik 3 kE-'02 c.6 ING'NEE.5 I /9/4 ./0/5 Email: 5.vey@sgminc corn 462774 * 2 0* 2 d 21/10/2002 03 53. 'AR""Eli 0 0.00 4,//V.99,9 9/N , M.92,Â£1Â£9N- 4i. M74Â·20'33'W i 61 \ 5999'~990,5.'A O.?44-0 8~â€¢t fp2 4-g 50-G n, 08 jan 2002 4.54),n edte,i **4, 09 jon ~002 3.pm I,neefe 4 \!999\990#/A 02\/wy\Mikt Ip, dig *e[1 /11 [)9 15 45 43 2002 .GM In. 111.4. yuu. i il'ab He' e) 1 -800-322-3022 Form ATT-10-S Attachment 8 ATTACHMENT 8 f... ' 1.TrrION OF THE BOARD OF COUNTY COMP 22,6IONERS OF PrrTCTN COUNTY, COLORADO. GRANTING DETAILED SUBMISSION. PLANNED UNIT DEVELOPMFNT, 1041 ENVIRONMENTAL HAZARD REVIE.V. AND SPECIAL REVIEW APPROVAL. TO THE ASPEN HIGHLANDS VILLAGE PUD Resolunon No. 97-Â· ~ 1 Fcc:rals 1. Applirqnt. Project Locanion. and Approval Requests - HILP Mounmin Limired Parmership. Aspen Highlands Moumain Limize* Liabliiry Company. Asoen Hightands Skiing Corporanon. Whipple Van Ness Jones and Hines Highianas Limized Partnership. c hereznafter referred co as "Appiicam'01 have applied zo Pitkin Counry for approval of the .Unen Higniands village CAHV-) project. The applicanon specificaily requesrs approvai for Rezoning, Sce=:al Review. Growth Management Quora System Allounents f GMQS") ana Detailed Submission/Planned link Deveiopment ("PUD"1. Ihe Aspen Highlands Village sice is located in the Maroon C:zek Valley at the base of the Aspen Highlands Ski Area and contains approximareiv 70 acres. The parce: is more specifically described in Exhibit A. The Subdivision/PUD General/Concepmai Submission was approved with conditions as evidenced in Board of Counry Commissioners ( "Board") Resolunon 96-i41 ("Exhibit Bl. 2. Ensting Uses - The subject site is improved wirh the Maroon Creek Lodge three ski iifts and tile Aspen Highlands Ski Area base area facilities and a parking to[ conmining approximarely 742 off- Street paridng spaces. Existing buildings contam approximateiy 39.194 square feet of commercial space. 1.970 square feet of skier services. ind 13 [ourlst accommodanon Unis in the Maroon Creek Lodge. In the late 19809 Pitkin County issued a demolition permit to demolish the Highlands Ion which conmined forty-nine (49) tourist accommodarion una. 100 sauare feet of mail soace and 2.500 sauare .de: uf bar uncl :s:;Lauranc apac=. The nignianas lon was clemolisnea suosequent to [he issuance or Ihe demolition permit. 0. The Plan - The land use acrionS identified in the title of this resoludon are the second sep in the approval process necessary ro enable the Applicants zo demolish all of the existing buildings ar the base of tile Aspen Highlands Ski Area and consm= AHV. a new mixed-use village on the site. The plan summarized in the Aspen Highignds Village Detniled Submigdon: Consolidnted Documents. Seprember 1997 consonites the Sire Specific Development Plan as defined in Section 6-5.7. of [he Pitkin County Land Use Code. The AHV Plan includes the following elemenrs: Thirty-one (31) single family detached free-market dwelling unim, Thirty-two (32) townhouse free-market residemial dwelling unm; Sevemy-three (73) tourisr accommodaion units; Thirty-seven (37) Category 1 dorm imils (housing 61 people); Twenry-{wo (22) single family Category 4 affordable housing sale units (4 bedroom); One (1) single family Camgory 4 affordable housing sale unk (3 bedroom); Twenry-eight (28) townhouse Category 3 affordable housing sale units (3 bedroom); Eight (8) Category 1 and eight (8) Camgory 2 multi-family sale unirs (1 bedroom); Three (3) Category 3 one bedroom rental unim; Four (4) Camgory 3 two bedroom remi units: Ten f 10) Careuker Dwelling Unirs: 1 1Mlly 9!Ill !!Illy Ill!11 Illil 0,1 Illl.I Ill .Iâ€¢I lili lili ift Resolution ?Na. 9 Â·'Â· ' 6- Page 2 1 Twenry-one thousand.six hundred (21.600) square feet of retad space (Ner Leaseable Area i ~Â· 'NLA"3; Twelve thousand (12.000) sauare feet of accessory skier services i NLA): Fourteen thousand. one hunarea twenry-five (14.1253 square feet Of restaurant space 't i NLA): 7hree thousand (3.000) square feel of condominium meeting rooms i NLA). f One thousand eight hundred c 1.3001 squars .zet or m=ering rooms ( NLA) : Two thous=nd two hundred Z.200) square fee' .3 5,2. 25= storage (NLAE Four nunurea fifty (450) par:ung spaces for mc .Asoen Hightands Ski Area: and Â· Two hundred anci thirty (230) off-street parking spaces for the affordabie housing and il ~ counst accommodation unlts and AHV :mnioyees. ~l: The proposed ohysical layout of the project is depicted on the arrached "Exhibits C :brougn F. The County cernfied Aspen Highlands Village: Detailed Submission substannaily compiets :n January I~t Â§f of 1997. In addition. 3 accordance with common pracrics. letters and suppiemental Informarion have ' i been suornitted co the record by me Applican[. Counry suff and [he puolic. The Aspen Highlands Detailed Submission Consolidated Plan was submiced to the record so all ? reference materiais compnsing rhe Size Specific Deveiopment Plan would be available in one 4 document. 4. Applicable Land Use Code - The Applicant submitted the AHV: General Submission land use application in June of 1993 and did not receive General Submission approval unril March 13.1996. In i .April of 1994, the Board of Counry Commissioners adopted a new land use code. By seaarire resoiution (Board Resolu[ion # 94-68), tile Board established a policy for the review of land use 11 applications which were in process ar the ame of adoption of the "new" Code. Resolunon # 94-68 1~ specifically states that "111 active land use applications that have been submitted bv March 16. 1904 1 shall 4 -1-.Â·v,1 -'irm=:7 -= 21. z:2:16 1-1 Uac Luc . Ihe term active nas oeen established by zile h~ Board as meaning an applicanon which is substannally complete and ready to be scheduied for review. j Since the AHV applicanon was nor only complete. but had acnially been before [he Planning and ~~ i Zoning Commission and the Board of County Commissioners prior ro March 16th. the Board found 11 d 1 that the Highlands Village applicanon mer the crneria for an "active" application af the ume of tile f t' i adoption of the "new " L.and Use Code. 11 In accordance with Board Resolutions 95-10 and 96-6. the Board and Applicam mumally agreed thaI all it i Growth Managemen[ Quota System (GMQS) allounents and exemptions would be processed pursuani 41 1 to Sections 3-140. 3-150, 3-160 of the new" Pitkin-Coumy Land Use Code. le I i 11.1 4 5. planning and Zoning Commi=ion Detailed Submission Review Process - The Applicant !13 submined the AHV: Detailed Submission in November of 1996 and the County staff requested !,1 1 additional maerials prior ro certifying the applicaIion as complete. The applicam provided the additional maIerials in January of 1997. and the application was scheduled for review by the Pirkin County Planning and Zoning Commission. The Planning and Zoning Commission (Commission') considered the application ar public meetings i~ ~ 1 on March 18, 1997, April 1. 1997, April 7, 1997. April 14, 1997 and April 29, 1997. After ~ ~ [ consideration of the application, Couniy staff and public comments the Commission recommended ~~ ~ 1 approval of the application with condon ons. i i I Ill"I lilli 111!l lillil lilli T 1 31111:I hi lilli 1111111 Ri qI'll'Ill' 91"1 422829 09/30/1998 03:22P :-- 7 -1 */ a - --.ry Ir.. .----- IF - 11 -j solimon 00. ill'.11_. i & 1, Page 3 1 E Growth Management Quota Svs[em Review Process - Thz applicanon specificnily reqUeSIS 4 spen Metro Area allonnents for commercial Employee Gener:mon Unis (EGU' s), tounst commoaanon unto. affordable housing units and free marke[ units m the Affordable Housing uveriay (AHO) zone. n March 28. 1997. the Growth Management Commission c "GMC-1 considered the appiicant's reauesr ror 11 Asnen Merro Area 1996 couns: riccommod+ion ailorments .2 . Luiy noticed public hearing and -:commenced thar the Asven City Coutic:i ("Council"' u...d :he Bon-_ -cm ailocments [o AHV. The ] :ouncli approved the allo[menrs pursuanI ro Aspen Ciry Council Resoluuon 41 Senes of 1997 and tile Board granred the allotmenis pursuant to this resolution. The remaining 62 [ounst accommodation lounents necessary to build ..\HV are*lemoiition and reconstruction credits for the demoiition of the ighlands inn and the Maroon Creek Lodge. Dn August 26. 1997 the Commission held a duly noticed pubiic hearing ro consider the Appiicam' s ec]uesr for 29 Emolovee Generation Umts (EGU's) avaliable m rhe 1996 Pitkin Counry Commercial Grow[h Management Quota System c "SMQS") Competition. After scormg the appiicarion tile Commission recommended thar the Board gram the 29 EC}U' s ro AHV. The Board granted the 111omlents pursuant to Resolution No. 97-185. )n August 26. 1997 the GMC held a duly nonced public hearing to consider rhe Applicant' s request to ie designated as an exceptional project pursuanI to Section 3-160.30 of the Pitkin Counry Land Use Code. The GMC found AHV [0 meer tile standards for designanon as an exceptional project and recommended thar tile Board and Ciry Council award forry-three (43) free marker unim (AH associated) and one hundred tweive (112) deed restricted affordable housing units (affordable housing) multi-year allounems to AHV. The Board gramed the allomlenrs pursuam zo [his resolunon and the Council approved tile allotmenm pursuant to Ciry Council Resolution 44. Series of 1997. p --,c~inger Review Process - The Board considered the AHV Detailed -- Submission application at public meetings on June 6. 1997, June 30,1997, July 10, 1997. anU September 10. 1997. The Board considered the AHV Demiled Submission ar a duly nonced public hearing on September 24. 1997. The Board considered the Aspen Highlands Village Detailed Submission Consolidated Plan ar rhe September 24, 1997 public hearing. The Board finds rhat the Detailed Submission changed during the review process in response to commems by the public. Commission :nd Board. The Board specifically finds thai changes ro the AHV Detailed Submission are typical of ch:mges ro significant land use appticanons in Pitkin County and such changes do not constinite a new land use applicanon. The Board finds [har .he Aspen Highlands Village Detailed Submission Consolidaied Plan. September 1997 constirures the Sim Specific Development Plan as defined in SecIion 6-5.7 of Ihe Code. 8. Aspen Area General Plan - The Board finds thai the AHV Detailed Submission as modified during the review process is consistem with the Aspen Area General Plan as amended by applicable comprehensive plans and the policies and regulations of the Pitkin County Land Use Code. 9, Pitkin County Land Use Code Compliance - The Board -finds the application to be in compliance with the Planned Unit Development (PUD) standards (Section 3-7) and permits variations from Land Use Code requiremens as represemed in the Aspen Highlands PUD and requested by the applicant in accordance with the Aspen Highlands Village Detailed Submission Consolidated Plan in I I'll'l lilli Illill Ilull lilli Ill Illilll dillili illl illi 422629 09/30/1998 03:22P RESOLUTI DAVIS SILVI - I -/ n . .a . M M u 01 0,0, M T ,Â·VT. ftnt_INTY CO b iution No. 97-LÂ£4' 'age 4 u irdance with the SIandards of Section 3-7.1 The Board finds thaI the proposed Plan. subject to I sansfagion of conditions listed m [his Resoturion. adequately avoids or mingaes Geologic Hazard 't P :as (5-401). Floodplain Hazard Areas (5-101). Wildfire Hazard Areas (5404). Historic and b :hacological Resource Areas (54051. Aadiuonauy. the Board finds the proposed land use ! applicanon complies with Land Use Code standards for Acm,irieS of Local and Stare Interest c 547 2 1). Finally, tile Board finds Ihe proposed laila use appfication complies with the Detailed Submission : ndards or the Code (6-4 NOW. THEREFORE. BE IT RESOLVE" by the Roan :flat it does hereby granr Detaiked bmission. Planned Unt[ Deveiopmem. 1041 Environmental Hazard Review. Suodivision Exemption for Condommiums. and SDecial Review approvai r-or multi-family and rerail uses and as a TDR ceiving sire for 20 slngle family dwe*tg units for AHV subject to the conditions iisted beiow, dditionally. Ehe Board does hereby gram AHV 11 Metro Area tourist accommod~lon allounenrs. 112 Metro Area affordable housing allounents for an adordable housing development and -13 Memo .Area = market housing alloonents for an AH associaced development. 2=21 1. All conditions of BOCC Resolution No. 96-141 shall be adhered ro unless specifically modified by the terms of these condidons. The applic:m[ shall adhere to all marerial representations made in the appiicanon. suppiemenral materiais. and in public meetings. 3. The appiicam or development entiry shall be responsible for all material represemanons made in General Submission, Detailed Submission. Final Plar. tile Aspen Highlands Village PUD Guide and the Subdivision Improvements Agreement (SIA). In the evem of conflicang represemations during the four year land use review process. the last represenwrions made shall controi. 4. The applicant musr file condominium maps in accordance with C.R.S. Section 38-33-101. 5. All floor area and dimensional requiremems are as aewiled in the Aspen Highiands Village Detailed Submission Consolidated Plan. Traffic/TransiUTrmsportation/Parking 6. The phasing plan thaI clearly idendfies the ridership threshold on the existing Casde/Maroon Rearing Fork Transit Agency (RFI'A) route that will trigger a requir=neni for the applicanI to make a cash payment to RFI'A for the purchase and operation of one addidonal bus on the roure will be as documented in the Aspen Highlands Village Detailed Submission Consolidated Plan. The agreemeni stipulates the amount of money the applicant will pay to Pitkin Counry for increasing the level of service on the Castle/Maroon route. In the evem RETA replaces the Castle/Maroon route wirh another form of transit, Pitkin County may use the applicant' s payment for such replacement Hansit service. however, the replacement service must provide service to AHV. 111111111111 mil 111111 lilli 1111111111111 lilli lili lili 422629 09/30/1998 03:22P RESOLUTI DAVIS SILVI 4 of 54 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO .1 tesolution No. 97-.U-/ 'age 5 7, The applicant and the Counry have agreed unon an operations and service phasing plan for an on-demana (Dial-a-Ride) transit system to be operated by the applican[ as documemed in the Aspen Highlands Village Detailed Submission Consotidated Plan. 8. The Aspen Skiing Company (ASCE ind the Counry have agreed upon an operaIions and service phasmg plan for a remote pariangiskier shurtle service to be operaied berween AHV ind 135 new designated remote parKing spaces ro be estaolished ar Burrermilk Ski Area as documented in [he Aspen Highiands Ski Area AF-Ski Masier Plan. approved by the BOCC on Ocrooer 22. 1997. 9. The applicant and the Counry nave agreed on a comprehensive Iraffic/transiuparking monlronng system pian zo be 11*dertaken by rhe auplicam. This pian was approved by the BOCC on Ocrober 22. 1997 as par[ of the Asuen Highlands AF-Ski Masrer Plan. The Dian will be inciuded in tile Asoen Highiands Village Detatied Submission Consdidated Plan. This pian shall incluae measures [o insure :ncreased minganon acions if momronng shows rhar Ihe mitigation pian is not adequate. The SIA shall require the Applicinr [o admmister ine monitormg plan through the conciusion of Phase 4 of the consrruction. and for three years thereafter. The monitoring system address Lhe following issues. a) If the [rips generared by AHV exceed projections in Ihe "Revised Maroon Creek Corridor Demiled Transporration Plan'. February, 1997. so asÂ· [o require midganon for rhose additional impacts the addidonal mitigallon required by the applicant must be approved by the BOCC based upon recommendations of the Community Deveiopment Deparrment and any appropriare referral agency (e.g.. RFI'A and/or the Counry Engineer). b) If the number of trips generazed is lower than projected. rhen [he applicant shall be entiIled ro suggest a reduction in the traffic minganon programs chen being funded. Such reduction shall be based upon a finding by the BOCC that the reducrion is appropriate. In no case. 40Â·ve.,1- :hail he .AvolicanI be eligible for a reflmd of any oonion of the infrastructure donanon described in paragrapn 9 oetow. c) The SIA shall specify thai the applicant shall be responsible for the performance of this condition and securlry for such performance shall be provided. 10. The transporration and air quaiity monitoring required by the Applicam shall be the subject of an annual repor[ which shall contain at a minimum [he following informadon: 1. Daily weather condinom. 2. Notanon if Aspen schools are open on given day. 3. Air qualiry readings ar Maroon Creek and dowmown monitors. 4. Daily skier ViSMS based upon Aspen Skiing Company surveys - this dam may not be available for each day. 5. Daily parking lot coums and HOV colintq. 1111111 m imailliluilillui illimilill lili 422629 09/30/1998 03:22P RESOLUTI DAVIS SILVI 5 of 54 R 0.00 0 0.00 N 0.00 PIll(IN COUNTY CO Resoiticon 3. . 9 :-,Â·- 4 al-- Page: 6 6. Dailv RFTA ridership - on survey days data will be coilecE idennfying skiers vs. non-skiers vs. employees. 7. Daily notanon of any special event tating pace at Aspen Highlands. 8. Daiiy traffic counIS a[ specific tocations zo be identified by the appiicant and the Counry Transportanon Consultant. 9. Daily counts of cars parked in Aspen Highlands Subdivi .. a ..: isdil.1 Park. 10. Esublish set days [o do surveys In parking iors - Surveys to include: point of ongm. peopie in car. rype of pass. skiers vs. nÂ¢*-skiers. HOV's. 11. Daily indicanon if streers m area were swept that day. 12. Courtesy van drop-off COUnIS. 13. Signs on State Highway 82 anci Maroon Creek Road and the effect on traffic when signs nonce thar parking 10[ is fuil or thai paid paridng is in effect.- sign locanons should include: prior ro Tiehack. prior to Brush Creek Road. Castle Creek/Marcon Creek. 11. ApplicanI has agreed ro donate S650.000 for infrastructure improvements along the Maroon Creek/Casde CreekiHighway 82 intersecrion and Maroon Creek Road. The applicant has also commined to a donanon of S350.000 for long-range improvemenm co the Castle Maroon intersection as agreed to by the BOCC and Aspen Ciry Council. The dona[ions shall be macie upon Final Plar recordation. 12. The Planning and Zoning Commission strongly encourages that tile proposed short-term improve:nems :O the Caszle.'Maroon/Highwav 82/ intersection be made forthwith and that the County and City work together ro devise a munmlly acceprable ana rimely solunon [0 Ule ongoing problem. 13. The 450 space skier parking lot shall be paid parking when the ski area is open for skiing. Utilizanon of summer parking shall be reviewed by the BOCC two years after complecion of Phase Four to determine if paid parking should be implememed. 14. Consistent with existing practice. the primary staging for the Maroon Bells bus shall not occur ar AHV. The preferred start point for Maroon Bells tours shall be ai Ruby Park- For down- valley visitors using RETA or the train there shall be a transfer aI the proposed station at the intersection of Highway 82 and Maroon and Castle Creek Roads. The Maroon Bells tour buses shall pick-up riders at Highlands and tickets shall be available for sale to Highlands residents and guest. 15. Any overflow parking whether from skiers, or residents. or visitors to the village shall nor be allowed on Maroon Creek Road or other public righs of way in the neighborhood. If parking on tile Maroon Creek Road becomes a problem, the applicant will assist Pitkin County in enforcement of this provision through signage and public awareness measures. Housing 111111111111111111111111111111111111111Ill lilli lili lilli 422529 09/30/1998 03: 22P RESOLUTI DAVIS SILVI 6 of 54 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO il Vt Resoludon No. 97-, f. 'age 7 - 16. An audit of *'Full Time Equivalent Employees*' shall be conducted at the appiicam's expense one year after comnienon of Phase Four. The applicant shall be responsible for housmg minganon of any employee generaIion over and above Ina[ contemplaed at the tune of Demiled Subdivision approval. If the reauired audit shows a reducnon in employee generanon the applicant may seek a credit co be used on other Pitkin County projects. 1:. The :trolic. : shall be allowed [o lease [wo Ciregory Z :wo-oedroom uniâ„¢ co qu<lified employees uÂ£ the applicant's choice. 18. The applicant shall be allowed co sell four smgle-family homes. four town homes. ind rwo one- bedroom units zo qualified em*yees of the appticant' s choice. In ail cases the reguiremems of the Housing Authority mus[ be mer along with the quaiificanon [har in the [hree-and four- bedroom units. a[ least one of rhe individuais must be a dependem as defined in the Housing Amhonry guidelines. 19. Prioriry for the use of the proposed dormitory units shail be given zo empioyees of the prOJeCI or the Aspen Skiing Company dunng the fail. winter and spring. in [he summer season use prioriry will be for Music Associams of Aspen smdenrs. employees andior [caching staff. 20. The ioor plans for rhe dormitory units shall be developed as reviewed and approved by the Housmg Office. 21. All designated affordable housing shall be appropriarely deed restricred and such restnctions shall be recorded prior [o conveyance of such housing. 22. Those lots which will be permirted to have careaker Units shall be designated on rhe Final Plat. 23. The use of transferable development ng.[trs c TDRS , snau oe .is ..ppÂ£-ovcu .,1 6-nari submission, provided however. that tile tomi floor area exemmed from growth managemem for every TDR transferred is 5.000 square feet and any additional square footage beyond 5,000 square feet for any single uniI uIilizing a TDR shall require a growth managemenr allounent or an addinonal TDR. The required TDRs must be acquired prior to approval of final plaI. 24. Affordable housing shall be cons[rucred and made available according to the phasing plan as presenIed in the written description in the Aspen Highlands Village Detailed Submission Consolidated Plan. Envirr- ----2111*LAit-guality 25. Prior to approval of Final Plat by the BOCC the appliCanI shall provide evidence thaI the project will be served with public sewer as provided by the Aspen Consolidated Sanitation District. 26. No building permits for the parking strucmre shall be issued until such lime as the S mie of Colorado Department of Health approves the ventiladon sys=n for the parking structure. The venrilation system shall be presemed to the Pitkin County Enviromnental Health Deparrmem for review and comment. 11111111111111111111111111111111111111111111111 lili lili 90 RESOLUTI DAVIS SILVI .,11,114,1.1.:16. LSOW U %1 Pge 8 27. No betding permics shall be issued until a fugitive dust counci Lâ€¢IPIi has been reviewed and approved by uic Environmenmi Health Deparrmeni. Lanascaping/Tree Preservanon/Weed Canrroi -8. The .4HV weed con[roi plan for all areas zo be dismrbed shail be as approved by the County Lan:. Ma:layer uncl docurne..red In [he Ascen Hignianas Village De[ailed Submission ConJukidated Plan. t., ti f. 10 All stocKplied soils will be treated with a biodegradable hydro muich to serve is a dust palliauve. 30. The prcoosed landscapingiscreening along Maroon Creek Road shail be completed in the first Â£ growing season after compienon or the parking strucrum and project entryway. 1 31. The WiltroUI Pond area shall be enhanced with adcmionai landscaping as shown on [he Dian. Â£ -,3.. ProJect Lighang ievels. srandards. and limitanons shall comnly with Aspen Highlands Village ~ i Detailed Submission Consolida[ed Plan. These standards will be inciuded in [he .Aspen j Highlands Village PUD Guide [o be adopted ar the same time as tile Subdivision ImprovemenIS Agreemem. 33. The revised landscaping plan shall be included in the Aspen Highlands Village Detailed Submission Consolidated Plan. Wildflower species to be used must be lisred by sciennfic name and common name and musr be nanve snecies indigenous to the Rearing Fork Valley. A local wildflower Med source must be used with the seed to be collected from tile Roaring Fork Valley. 34. imidscaping associate,1 witn rflase; I uxuusl 4. u .122:z..d in -he -teÂ·'tiled eiibrnission documens. shall be contained in detail in the Subdivision Improvements Agreement (" SIA'). The ApplicanI shall be responsible for the performance of all landscaping associared with Phases 1 through 4 and the performance of all landscaplng obligations shall be secured through one of the following performance guarantees: bond, later of credit, cash escrow or a guaramee enforceable by the Coung or the City upon annexanon. The securiry shall be in an amount equal to one hundred percent (100%) of the esomated cost of completion of the landscaping. 35. The SIA shall specify a definite landscaping phasing schedule. which includes the specific oming for all landscaping installanon along with each phase of the development. 36. The SIA shall require the applicant to provide guaranmes for all plam materials for two grOWing SeaSOnS after initial installation. 37. The SIA shall require the applicani zo revegeram all disrurbed areas. These areas shall be planted with a mixalre of indigenous grasses and wildflowers and the use of invasive grasses shall be prohibited. I Ill"l lilli !!Ill Illili Illil Ill Illilll Ill lilli lili lili 422829 09/30/1998 03:229 RESOLUTI DAVIS SILVI 8 of 54 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 9/***/;.'u&.pl#me/91~4*0.-&hi.INI~: 0/ i Â£Â·,/4 3'=ion No. 97-'6 L,C 9 1 1. The SIA snail include a weed comroi plan. paraculariv in cite wildflower meadows. The first ~ level of weed conIrol shouid be non-chemical. though chemicals may be permtued if weed control fails. 19. The singie-family ianascaning requirements shall be included in the Aspen Higniands Village PUD Guide. The single-famiiy iandscaning requiremenrs shall be specifically enforceable by the County. or the City upon annexation. and shail: a) requi:. c: u revege[ation c l ill dismrbed areas wi-h :h= oianting of a rnixrure of indigenous grasses and wildflowers. (A lisr of proposed spec:es snail be provided [o the County Land Manager for review and approval prior ro approvai of final piail: b) prohibir tile use of all non-indigenous piam species. paraculariy invasive grasses. c) prohibit landscape lighung. 40. Tree removai will be limited to approved building enveiopes and driveways. roads rights-of- way and uutiry corridors. 41. The landscaping improvements committed to by the applicant as par[ of the derailed submission shall be specific obligarions of the applicam or his assigns. Designt"Yabances 42. At Final Plat a benchmark eievation will be esublished in the proposedVillageÂ· Core in order to provide a reference point for reconstrucIed grade and all orher elevanon measurements. 43. All variances from currenr Code standards will be established. in a Aspen Highlands Village DT 773 Guide ro be adoored a[ final plaI approval. Any subsequem variances shall require Inodificanon of the Detallea Suoctivislon approvai au d .,vu- a.-3 32-2 -:Zi 30'7. v.'"17, except for variances which may qualify as Minor Amendmems to a Developmem Permit under Code Section 3-200.80. 44. The height of all structures in the Maroon. Thunderbowl Neighborhoods will be measured from the grades established by a grading plan approved by the BOCC in an adopted Aspen Highlandg Village PUD Guide. In the case of any grading manipulation within a building envelope which alters this adopted grading plan. height measurement will be from the final finished grade or the adopted grading plan which ever is more reStrictiVe. 45. A topographic map of the reconstructed grade has been adopted as shown in the Aspen Highlands Village Detailed Submission Consolidated Plan, 1nd will also be included in the Aspen Highiands Village PUD Guide to be adopted at the same time as the Subdivision Improvements Agreemeni. The reconstructed grade topographic map shall be utilized as the basis for measuring the height of all structures in the Village Core including the parking and transit drop-off area. 46. All setbacks will be esrablished by building envelopes as shown on a site plan and table in the Aspen Highiands Village Detailed Submission Consolidated Plan ind will also be included in the Aspen Highlands Village PUD Guide to be adopted at final plat approval. 111111111111111111 lilli lilli ll' 1111111111 lilli lili lili ~--- ma/lm,10â€¢R 03:22P P80LUTI DAVIS SILVI 2.:SOIU[1011 2 f Page 10 47. Floor Area will be measured and aefined as shown in the Aspen Ij,ght.adâ‚¬ Vitjage Detailed Submission Consoiidated Plan and in Ihe Aspen Highlands Village PUD Guide [o be adopted at I final plat approval. 48. Protective covenang shall be suomlized to the Counry prior ro approval of the final pia. 49. The Conccots for the proposed arcnitecrural guidelines for the singie-family unirs are as documemed m the Aspen Highlands Village Detailed Sci:miss:un C-'Ilsoiidaled Plan. 50. The applicant snail not be pernurted to construct any building with a reflective metal roof or any other root matenal thaI *ds co reflect light. 51. No development or clearing of vegetation ourside of established building enveiopes. uriliry corridors or piarted roads will be perm:Ked. Plaming of indigenous species of plams and trees will be permitted outside of building enveiopes. No land forms higher than three feer will be allowed zo be constructed inside bullding envelopes. 52. A detailed conseucrion [raffic.'parking management/phasing plan shall be as documented in the Aspen Highlands Village Detailed Submission Consolidared Plan. It addresses tile following: a) The sequence of consmicrion: b) The hours of proposed Construction for each day of the week: c) The proposed permined delivery hours: and d) How the car-pooling, etc. will be enforced. 53. The Pitkin County Noise Ordinance must be adhered zo ar all times ana any viotanons wi.u result in appropriaIe enforcement and sanctions. 54. During construction. no parking will be permitted by any Highlands visitor. employee. or conrractor except on-site or approved pooling locanons. 55. No dogs shall be permitted on [he construction site. 56. Prior to Final Plai approval by the BOCC a Storm Water Management Plan which includes ar a minimum a storm water pollution prevemion component shall be submined and approved by the Counry Engineer. the Solid Wasre Manager. the State, and Director of Environmental Health. This plan shall address the maintenance of the various componens of the storm water pollution prevention. such as drainage. of ponds. removal and disposal of silt and debris, maintenance of the condition of silt fencing, removal disposal. and replacement of hay bales and other prevenmtive measures. 57. All permanem infrastructUre subject to the Subdivision Improvements Agreement shall be cleaned by applicant and inspected by the County Engineer befom acceptance. 1111111 lilli 111111111111 lili ill mil 111111111111 lili 422829 39/30/1998 03:22P RESOLUTI DAVIS SILVI - n 0, 10 N 0.00 PITKIN COUNTY CO DIETTiNT,Ma Â¤Timmilâ€¢Imrm 1 .1 -- Page I , 58. Pnor to Issuance of development permit tile applicam shall submit a final grading and drainage plan for the anproval of the Counry Engineer. This pian snall show the rypical demils and locanons of rmrap strucrures. 21[~aniS~lgiLDCdi~iDILKCAUtamCCIS 59. Reauirements for schoois land deaications or cash-in-lieu rees shail be as per tile Land Use Code. 60. The Aspen Highlands Village Detailed Submission Consolidated Plan shall have vesting for a penod of 5 years from approv# of this resoiurion. but subsrannal progress will be inrerprered after compieoon of Phase I. 61. Parks dedicanon shail be as depicred on drawIng P-2 of the .Aspen Highlands Village De talied Submission Consoiidared Plan. 62. The effecnve date of this resoiurion snall be the same as the effective date Of tile ordinance rezoning the Aspen Highlands Village: Ordinance No. 97-39. NOTICE OF PUBLIC li[EARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 22ND DAY OF AUGUST, 1997. INTRODUCED. AND FIRST READ AT THE REGULAR MEETING ON THE 10TH DAY OF SEFrEMBER. 1997. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING AN 1-gE 19TH DAY OF OCTOBER. 1997. PUBLISHED AFrER ADOPTION IN THE ASPEN TIMES WEEKLY ON THEO ~ DAY O---t ,1997. /n ATTEST: BOARD OF COUNTY CONIMISSIONERS OF PITErN COUNTY. COLORADO ((Una 41 9/4 , 6-4-1 A.4-24#LT,LAJJ '/ L 4.46,# A' 1 -r I 'VV Jeaneue jones Bill Tuite, Chairman 6/ Debury Clerk and *corder DATE: r--rr_<1 2 APPROVED AS TO FORM RECOMMENDED FOR ADOPHON (42; _,â‚¬2-/2933 (1.2/ift.)1.>l)(- a.3.98 John Ely Cindy Houben Ancrocy - Community Development Director 111111111111111111111111 lilli ill mil 111111111111 lili 422829 09/30/1998 03:22P RESOLUTI DAVIS SILVI 11 of 54 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 5-0 1-1LV LUJOJ 230â‚¬-325-006- ~ Attachment 9 04-11-06 05:39pm From-HINES ASPEN 9709203829 MINUTES OF TIIE MAY 5,2004 ATTACHMENT 9 1 REGULAR MEETING OF THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY I. Sheri Saozone, Vice Chairperson, called the Regular Meeting to order at 5:00 p.m. The May 5,2004 Regular meeting was held in the Plazal Meaing Room, 530 East Main. Board members in artendance were Shen Sanzone. Marcia Goshom, David Guthrie and Dan Lauer. SIaff Members in anendance were Cindy Christensen, Operations Manager and Sandra Menrer-Berry, Financial Analyst. n. MINUTES: Lauer stated that he would like reftected in che minutes that he had to leave around 6:15 p.m. Sanzone noted two minor typographical changes. Goshorn made a motion ro approve the minutes with the changes suggested; Gurhrie seconded the motion. All were in favor. nI. PUBLIC COMMENT: There was no public comment for items not on the agenda IV, EXECUTIVE DIRECTOR COMMENTS: Christensen distributed the following documents: â€¢ Information regarding Kristin Sabel, the new joinI alternate. â€¢ A memo from Chris Bendon, City of Aspen Long Range Planner, regarding an Obermeyer COWOP Amendment and requesting the Marcia Goshom Continue IO represenr the Board in this COWOP process to review the amendment. The Board approved this request. â€¢ Resolution No. 2004-03, Approving a Budger Adjusiment of $1250 for Woody Creek Mobile Home Park. Lauer made a motion approving Resolution No. 2004-03, Approving a Budget Adjusnnent of 31,250 for Woody Creek Mobile Home Park for tile Year 2004: Goshorn seconded the motion. All were in favor. Chrisrensen asked for direction from the Board on an issue on a property located at W/J Ranch. A complaint has been lodged with Environmental Heal[h with regards to the upkeep o f the outside of a propegy located in W/J Ranch and that the owner is renting to an excessive number of people which causes regular overfjow of the semic system. The Board directed staff to do a letter to the owner reminding the owner of the rental resnictions and checking wi Ih the Community Development Department ro see if there are any violations through the County. V. DIRECTOR COMMENTS: Lauer thanked Staff for a good job on the Joan Patterson compliance issue. Guthrie stated thar he would like to see an automatic increase of rcnrs by the consumer price index (CPI) as srated in Ihe Guidelines withour further approval from the Board. Guthrie suggested that Ihe agendas be ser up along the same line as City Council's with Consent Agenda items thai do not require discussion but only approval. If Aspen/Pltkin County Hous,ng Authority Minutes May 5.2004 Page 1 04-11-06 05:39pm From-HINES ASPEN 970@203829 T-829 P 03/05 F-721 such time that a Board member would wanI ro discuss an item, it could always be pulled and added as an action item. The Board gave direction to SIaff to follow the same agenda outline as Cit' Council. Sanzone suggisred FYI items be incorporated into the Consent Agenda items. This will be reflected ar the nexr Board meeting. VI. WOODY CREEK MOBILE HOME PARK: Ben Ludlow, Project Manager, was present ro update the Board on the progress of the construction of the wasrewater Ireatment planr. Ludlow suggested a groundbreaking ceremony be scheduled for May 12. 2004 at 2:00 p.m. The Board approved this date and time and directed Ludlow ro inform others to this event. Ludlow stared thar some digging has begun, bur they are still trying to obtain permits from the Building Department There were some outsianding issues from the 1041 review that had to be satisfied prior ro any building perrnk approval and Ludlow stared rhat he is working on completing those items. Ludlow stated thar Bill Walters has given permission to use par[ of his land to store construction materials at no cost. The contractor will, however, do some minor work on his berm for the use of this land. Sanzone asked if a draft of the wazerlinc easement was completed. Ludlow stated thai the corrected version has just been completed and he will work with Tom Smith ro complete this easement. This easement will be given to Glenn Horn. Ludlow stated thar once Horn has this easement, he will be able to submit the subdivision application. Sanzone asked if the Community Development Department is commined to reviewing this application as a priority. Ludlow stated Ihar he has been informed rhar they are commined to treating this application as a priority. Goshorn stated that the schedule states final completion January 2005. Ludlow stared [har it should be done sooner, but this would cover all bases and any minor punch lim items that would need to be corrected. Lanny Curtis, WCMHP Homeowners' Association Board Dirccror, asked what rhe Aspen Consolidated Sanization Disnict (ACSD) selection of a contractor has zo do with the Park. Ludlow stated thar the Park will be able to utilize their contractor to rehab some lines at the price that ACSD is paying. One line will be replaced and the other lines will continue to have maintenance done on them. Curtis asked if Ihe landscaping on the neighboring propernes will be completed this year. Ludlow stared rhar ir would be a good idea, but he is concerned about the irrigation of thar landscaping. Curtis asked who would pay for this landscaping. Christensen stated that it is all parr of the Woody Creek Mobile Home Park so the funds would come from thar fund. Sanzone stared rhar the landscaping is part of rhe Subdivision PUD submiual and cannot be done until such time that PUD approval has been obtained. Cur[is stated that Tim Whitsitt, attorney for the Homeowners' Association. provided a conwact to Tom Smith and they have not heard anything more. Christensen stated that there are a couple of issues rhar need m be discussed and thai hopefully a contract will be brought back to the Board at the Erst meeting in June for discussion. Curtis stated thal a tenant in the Park has the ability to purchase a new unit now and would like to store the unit on the property until such time that the lots are subdivided and Aspen/Pitkin Counly Housing Authority Minutes May 5,2004 Page 2 04-11-06 05:39pm From-HINES ASPEN 9709203829 T-829 P 04/05 F-721 he would know which lot he would be purchasing. Curtis stated that he is concerned with this since he is unsure when development will actually star[. Lauer stated that the property is not designed for storage. vn- GRIEVANCE HEARING: Joan Panerson ' s attorney, James A. Knowlron, provided a lerter ro the Housing Office requesting thar this be pulled from the agenda. Ms. Patterson has agreed to vacate her unir no later than June 15, 2004. Goshorn made a motion that a Settlement Letter was received from James A. Knowlion, attorney for Ms. Patterson, and thai this matter has been resolved; Guthrie seconded the motion. All were in favor. VIn. ACTION ITEMS: A. Request to Increase Aspen Country Inn Rents: Bill Tuite, Property Manager, was present representing this request. TUite siared that all of the other properties have been analyzed as to how the rents are increasing. The rental increase for Aspen Country Inn (ACI) has not followed the methodology stated in the Guidelines. Tuite is requesting approval 10 recoup the CPI gains that were nor Taken advantage of in past years. Lauer asked what the tenanrs say about this. Tuire stated that this could become significant since some of the tenants are on a fixed income, but that he would inform them what is being planned for the project. Tuite stated thar ACI has also experienced a turnover rate of 15% this year, which is very unlikely for this propeny. Lauer asked if the increase was palatable. Tuite stated ir was nor out of line. Goshom asked if they pay their own UtilitieS. Tuite stared rhat they pay gas and electic. Goshom recommended CORE do an energy study to see if anything else can be done. Tuite stated that he plans on insulating all of the hot water closets since they had some freezing this winter. The hot water heaters are located in exterior closets so that the insulation should CUI down on their utility expenses next year. Guthrie recommended that the rent should be an automadc increase by CPI each year as stated in the Guidelines. Guthrie suggested contacring CORE for help. Menter- Berry stated thar rhe Board can agree to do automatic increases for the tax credit properties, but thar City Council controls the c'Â»: propernes. The Board needs to ler City Council know that they would like automatic increases. Lauer suggested drafting a resolution to this effect. The Board agreed zo the increase as stated in the memo and directed staff to bring back a resolution supporting the need for automatic CPI increases as stated in the Guidelines for all properties owned by the City. B. Review of Audited 2003 Financial Statements for Aspen Country Inn and Truscott Phase II; Menter-Berry stated that the audit fot rhe two tax credit properties showed no findings or issues. Both properties are doing well from an accounting standpoint. There are no receivable problems and thai all NSF fees and/or late fees are being collecred. Aspen/P,tkin County Housing Authority MInures May 5.2004 Page 3 04-11-06 05:39pm From-HINES ASPEN 9709203829 T-BZW P 05/05 ,--rz, C. Review of Aspen Highlands Village Audit: Bob Daniel. representative for Hines, was present. Christensen stated rhar an audiI of employees was required one year after completion of Phase Four of the development of Aspen Highlands Village. After reviewing the findings, staff recommends that the Board find that mitigation for this development has been sadsficd and thai it has provided an additional credit of 14.89 FTE's. The credits would not be ..utomatic. The applicant would need ro go through the proper channels to utilize this credit. Christensen stated thai she would recommend thai at any time a credit would be used, that some type of minor PUD amendment be recorded so thai the credit can be tracked. Daniel stared that he is requesting that the Board make a finding that mitigation was satisfied and that there are a total of 14.89 credits, and thai the audit required was fulfilled. Sanzone asked if the credits could be used elsewhere. Daniel stated yes, but only with funher action. Guthrie made a motion that the Housing Board reviewed the findings of the audit and concluded that Hines Highlands Limited Partnership has satisfied their mitigation requirement for the development of Aspen Highlands Village; that the audit cdncluâ‚¬ted that there is a credit of 14.89 FTE's; Hines Highlands Limited Partnership may seek a credit of 14.89 FIE's to be used on other Pitkin County projects; and that at such time that any credits would be utilized, that the credit be noted in a recorded document until such time as all of the credits are utilized. Goshorn seconded the motion. ROLL CALL VOTE: Goshorn, Sanzone, Lauer and Guthrie voted yes. Motion passed. There was a motion to adjourn and it was seconded. The Board adjourned its regular meeting at 6:20 p.m. THE ASPEN/PrrKIN COUNTY HOUSING AUTHORHY t AA Sheri Sinzor**ice Chairperson Maureen Dobson, Executive Director AspervPIrk,n Counry Housing Authonty Minutes May 5.2004 Page 4 400-322-3022 Form ATT-10-S Attachment 10 ! t , 45 * 1 I H .. . .. ... .1 . .: Final Draft ATTACHMENT 1 0 ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared for HINES 426 E. Main Aspen, Colorado (970) 920-1801 Prepared by Davis Horn Incorporated 215 S. Monarch Avenue Aspen, CO 81611 (970) 925-6587 September, 1997 ATTACHMENT_22_ A RESOL UTION OF THE BOARD OF COUNTY COMM1SSIONERS OF PITKIN COUNTY, COLORADO. GRANTING DETAILED SUBMISSION. PLANNED UNrr DEVELOPMENT, 1041 ENVIRONMENTAL HAZARD REVIE.V. AND SPECIAL REVIEW APPROVAL. TO | THE ASPEN HIGHLANDS VILLAGE PUD Â·1 /1 Resoturion No. 97-Â· L / 1 - Rs=:rais 1. Applicant. Project Location. and Approval Requests - HILP Mounmin Limited Parmershio, Aspen Highlands MOUnIaln Limite* Liabiliry Company. Asnen Highlands Skiing Corporation. Whipple Van Ness jones and Hines Highlanas Limited Parmersrup. ( heremafter referred IO as "Applicant"1 have 1 applied zo Pitkin Counry for approval of the . Asoen Higniands Village C.AHV-) project. The applicanon specificlily requests approval for Rezoning, Sc..:al Review. Growth Management Quota System Allomlents ("GMQS") and Demiled Submasion/Planned Unit Deveiopment ("PUD"). The 1 .Aspen Highlands Village sice is located in tile Maroon C:Zek Valley i[ the base of the Aspen Highlands Ski Area and contains approximarety TO acres. The parce: is more specifically descrfoed in Exhibit A. The Subdivision/PUD General/Conceorual Submission was approved with conditions as evidenced in 1 Board of County Commissioners c "Board") Resolunon 96-i41 ("Exhibit BB. 2. Existing Uses - The subject size IS improved with the Maroon Creek Lodge three ski iifts and 1 the Aspen Highlands Ski Area base area facilities md a parking toi conmining approximarely 742 off- street parking spaces. Existing buildings contam approximaieiy 39.194 square feet of commercial space. 1.970 square feet of skier services. and 13 [ouns[ accommodanon unirs in the Maroon Creek Lodge. ~ In the late 1980'2 Pitkin County issued a demolition permit to demolish the Highlands Lon which conmined forty-nine (49) rourisr accommodation units. 100 sauare feet of remil soace and 2.300 sauare .de: ui jar uila :simuran[ apace. The .rilgfllarluS iOn was Clemoilsflea SUOSequenr zo [fle Issuance OY the demoition permit. - 1 - 3. The Plan - The land use actions identified in the title of this resolution are the second srep in the approval process necessary to enable the Applicams to demolish all of the existing buildings ar the base of the Aspen Hightands Ski Area and ConstrUCI AHV. a new mixed-use village on the site. The plan summanzed in the Aspen Highlan(is Village Detailed Submission: Consolidated Documents. September 1997 cons[inlies the Size Specific Development Plan as defined in Section 6-5.7. of Ihe Pitkin County Land Use Code. The AHV Plan includes the following elements: - Thirty-one (31) single family derached free-market dwelling units, Thirty-two (32) townhouse free-market residenrial dwelling nniâ„¢; Sevenry-three (73) touriSI accornmodion umts; Thirty-seven (31 Category 1 dorm unk (housing 61 people); Tweng-[wo (22) single family Category 4 affordable housing sale units (4 bedroom); One (1) single family Category 4 affordable housing sale nnit (3 bedroom); Twenty-eight (28) townhouse Categon, 3 affordable housing sale units (3 bedroom); Eighi (8) Category 1 and eight (8) Category 2 multi-farnity Sale uniTs (1 bedroom); Three (3) Category 3 one bedroom rental units; Four (4) Category 3 two bedroom rental unis: Ten (10) Caretaker Dwelling Units: I m 11111 111111111111 lili 1111111111 111 lilli lili lili - 3-1=96 -- LIST OF TABLES TABLE 1 Aspen Highlands Village: Land Use Data 3-4 4 TABLE 2 Aspen Highlands Village Detailed Submission Consolidated Plan: 7 Multi-Family Affordable Housing Units 4 TABLE 3 Aspen Hightands Village Detailed Submission Consolidated Plan: 8 Affordable Housing Plan 1 TABLE 4 Aspen Highlands Village Detailed Submission Consolidated Plan: 9 Commercial Space 1 TABLE 5 Aspen Highiands Village Detailed Submission Consolidated Plan: 11 Total Non-Exempt Floor Area by Use TABLE 6 Aspen Highlands Village Detailed Submission Consolidated Plan: 12 Total Non-Exempt Floor Area in Village Core by Building TABLE 7 Aspen Highlands Village Detailed Submission Consolidated Plan: 13 Total Exempt Floor Area by Building & Use TABLE 8 Aspen Highlands Village Detailed Submission Consolidated Plan: 15 Off-Street Parking Plan by Use TABLE 9 Aspen Hightands Village Detailed Submission Consolidated Plan: 22 Proposed Free Market Population in the Affordable Housing Overlay Zone TABLE 10 Aspen Highlands Village Detailed Submission Consolidated Plan: 23 Total Non-Residential Employee Generation TABLE 11 Aspen Highlands Village Detailed Submission Consolidated Plan 24 Tourist Accommodations Affordable Housing Exaction TABLE 12 Aspen Highlands Village Detailed Submission Consolidated Plan: 25 Independent Commercial Space and Accessory Skier Services Employee Generation TABLE 13 Aspen Highlands Village Detailed Submission Consolidated Plan: 27 Tourist Accommodations Employee Generation TABLE 14 Aspen Hightands Village Detailed Submission Consolidated Plan: 28 Independent Commercial Space and Accessory Skier Services Employee Generation It TABLE 15 Aspen Highlands Village Detailed Submission Consolidated Plan: 28 Affordable Housing Plan t X Aspen Highlands Village phase 1 construction plans include installation of roads, utilities, Village entrance and exit. As noted in the Revised Maroon Creek Corridor Transportation Plan (see Appendix 2), it will not be necessary to institute remote ski area parking until the winter after phase 2 is initiated because there will be in excess of 562 surface ski area parking spaces. Construction of phases 1 and 2 may be combined. TABLE 8 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: OFF-STREET PARKING PLAN BY USE* Dwelling Am}Idahl:-HQuaing Units Snal:Cl Dorms 37 28 One Bedroom Units 19 24 Three Bedroom TH 28 42 Two Bedroom Units 4 5 Sub-total 88 99 73 73 bki Area Parking" NA 450 Millan.Emolux= NA 58 - Total Parking 680 I Parking Rr the free-market townhouses and all Thunderbowl and Maroon neighborhood units is provided on individual lots and not Included in this data " 135 ski area off-site parking spaces will be located at Buttermilk. Buttermilk/Aspen Highlands skier shuttles shall run daily. Remote skier parking will not be required until the winter after phase 2 construction is initiated Construction phases 1 and 2 may be combined. Source: Davu Horn incorporated, Robert A M. Stern Architects and Felsburg Holt & Ullevig Seplember, 1997 All ofF-street parldng se:Vicing the Village Core and skiers will be located in either the skier parking structure or under the Village Core as depicted on drawings A003, A004 and A005. 15 Legal Tabs Co. 1-800-322-3022 Recycled <% Stock # ATT-10-S Attachment 11 0. :09 am From-HINES ASPEN 3.Z, liM-1, . 11/ ' 11 I 6.,1, 0 110 1. . . ATTACHMENT 1 1 1 - I. ... / Certificate of Occupancy Aspen * Pitkin C onmanity Development Department , 1 , 1 Thi: cenificate isausd p,473*ant to the requitemenls of 56Ction , 109 of th6 1997 edition 4 the uniform building code. it certijied that br the dat, of ls.tuance, the structure 08 described below was in compliance with the variow resolution: and ordinances regularing building construction and use in Thia jurisdiction. Use Class#Scalloli: Hotel ' Building Permit: 02502000 . Logal De,cription: Aspen Highlands Village PUD Bldg #2 Building Address: , 0197 Prospector Road AÂ®en. CO 81611 . Owner of Building: Hines Highlands Limitod Pumership Owner Address: P.O. Box 10087 A,pen. CO 81612 y. ' ~ Group: A-3/M Typo Con'tractton; III-1 Houc lise Zone: SKI-PD De,criptiom Four-story hotel of 84,000 sgune feet. The basement cons jita of mechanical rooms. stoingo and parking spaces of uNch one is accosuble and two we van accessible. The fint lovel con,Wl, of retail spece, two meeting room,(969 & 1125 square'feet re:pecuvely). hialth amenitiedobby Ind kdchen, all of which Bro core and shollonly, and. ' ~ , one lobby and on, two-bty garage. The upperthree floor: consiot of26 touri,1 accomodation units of which four *re cypo B accessibility, and one affordable housing ur~t which 1, type A accessibility. Commonls & Restrictions: two gas log firoplaces and twenty 914 decorative W fireplaces. 0 Â£1 1 , .- V' â‚¬2016-10-,- 7 36(6 034 1 l 7773~%~u:!dIng Offici,h / Â· Date i .l Note- Ia.U occupâ€¢â€¢clos, â€¢*cepiL gldi certlNM, must bepostedin â€¢ culpicuâ€¢uâ€¢ . plec, ulor ths =In Ed: 08 11:0 pre-u for wlitch 11 6 11,uod. ADy,lteatioâ€¢ or vw T. . of,bogi da,obBed preal,N er pomm thor,of without lbs wiM.4 â€¢pprovarof thâ€¢ 0 . Buildiog Official shall trgats this CO. Â®d mblect a to I.,04 sttoo. . 1 I . K. - . . 1. . ...6 . 2., '. . '. I'' . , 1, 3(df Z Legal Tabs Co. 1-800-322-3022 Recycled IÂ© Stock # ATT-10-S Attachment 12 A RESOLUTION OF Tire BO.uÂ·:Ii OF COUNTY COMMISSIONERS OF prrED X COUNTY, COLORADO. GRANTING DETAILED SUBMISSION. PLANNED UNIT DEVELOPMENT, 1041 ENVIRONMENTAL HAZARD REVIE.V. AND SPECIAL REVTFW 1 PPWAVA T 'rn THE ASPEN HIGHLANDS VILLAGE PUD Resolution No. 97 -. e i - ATTACHMENT 12 P=C:mis 1. Applicant. Project Location. and Approval Requests - HILP Mounrain Limited Parmersnin, .Aspen Highiands Moumain Limite* L.abii.iry Comnany. Asoen Highiands Skiing Corporanon. Whippie Van Ness jones and Hines Highlanas Limired Parmership. chereinafter referred [o as "AppiicanIC have applied zo Pitkin Counry for approval of the .eDen Highiands Village CAHV") project. The applicanon specifically requests approvai for Rezomng, Srs:al Review. Growth Management QUOU System Allocmenrs c GMQS") ana Detailed Submission/Planned Unit Deveiooment ("PUD"). The .Aspen Highlands Village site is locared in [he Maroon C:zek Valley at the base of the .Aspen Highlands Ski Area and Contains approxima[ely -0 acres. The parce: Is more specifically described in Exhibit A. The Subdivision/PUD General/Concectual Submission was approved with conditions as eVIdenced in Board of Counry Commissioners ( "Board") Resolution 96-i41 ("Exhibit B"). 2. Exiscing Uses - The subject Site iS improved with tile Maroon Creek Lodge three ski iifts and the .Aspen Highiands Ski Area base area facilities and a parking lor containing approximaly 742 off- Street parking spaces. Ensting buiidings comain approximateiv 39.194 square feet of commercial space. 1.970 square feet of skier services. and 13 [ounst accommodation unlm in the Maroon Creek Lodge. In the late 1980'2 Pitkin County issued a demolition permir zo demolish the Highlands Inn which conrained forty-nine (49) tourist accommodarion unm. 100 sauare feet of remil soace and 2.300 sauare '22Â£ ui Jar uila :=Suuran[ apacÂ©. E-le nig.[liancts lIla WaS ClerI1011Sflea SUC)SeqUCIX ZO Zile 1SSUanCe OI Ihe demolition permit. 3. The Plan - The land use aCtiOnS identified in tile title of this resolunon are the second step in the approval process necessary to enable the Applicants to demolish all of the existing buildings at the base of the .Aspen Highlands Ski Area and construct AHV. a new mixed-use village on rhe site. The plan summanzed m the Aspen Highlands Village Detailed Submission: Consolidated Documents. September 1997 constimres the Site Specific Development Plan as defined in Section 6-5.7. of the Pitkin County Land Use Code. The AHV Plan includes the following elemenrs: Thirty-one (31) single family detached free-market dwelling unim, Thirry-[wo (32) rownhouse free-market residential dwelling unns: Sevenry-three (73) tourim accommodaIion UnitS; Thirry-seven (37) Category 1 dorm unim (housing 61 people); Twenry-[wo (22) single family Camgory 4 affordable housing sale units (4 bedroom); One (1) single family Category 4 affordable housing sale unit (3 bedroom); Twenry-eight (28) townhouse Category 3 affordable housing sale units (3 bedroom); Eight (8) Category 1 and eighI (8) Category 2 multi-family sale units ( 1 bedroom) ; Three (3) Category 3 one bedroom rental Units ; Four (4) Category 3 two bedroom rental units; Ten (10) Caretaker Dwelling Units: lim mil 11111111111111111Ill 1111111Ill lilli lili lili 422529 09/30/1998 03:ZZP RESOLUTI DAVIS SILVI TABLE OF CONTENTS Table of Contents i A Resolution of the Board of County Commissioners ofPitkin County, Colorado, ii Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval, to the Aspen Highlands Village PUD List of Tables X List of Appendices xi BqTRODUCTION 1 I. SITE PLAN 3 n. VILLAGE CORE 5 Affordable Housing 6 Commercial Space 9 Service Area Plan 10 Floor Area 10 Building Height 14 Off-Street Parking Plan 14 MAROON NEIGHBORHOOD 16 THUNDERBOWL NEIGHBORHOOD 17 PLANTING PLAN 18 AFFORDABLE HOUSING EXACTIONS 20 Residential Affordable Housing Overlay Zone Requirements 20 Non-Residential Affordable Housing Overlay Zone Requirements 22 ' Tourist Accommodations 23 Independent Commercial Space and Accessory Skier Services 23 Demolition Credits 26 VII. PLANNED UNIT DEVELOPMENT 30 Definitions 30 Area & Bulk Requirements 35 Floor Area 35 Commercial Space 35 Height Limitations 36 Yard and Road Setbacks 36 Driveways 37 Minimum Lot Width 37 Minimum Lot Size 37 Lighting 37 Aspen Hightands Village Residential Homesites Design and 39 Landscape Regulations Guidelines Aspen Highlands Village Phasing Plan 42 VII[. ASPEN HIGHLANDS VILLAGE CONSTRUCTION 43 MANAGEMENT PLAN DC. AIR QUALITY 44 X. PARK LAND DEDICATION 45 XI. ZONING 46 XII. RESPONSES TO GENERAL SUBMISSION CONDITIONS 47 XIII. RESPONSES TO PLANNING AND ZONING COMMISSION 59 RECOMMENDED DETAILED SUBMISSION CONDITIONS i SMRS AFFORDABLE HOUSING EXACTIONS This purposes ofthis section ofthe AHV Detailed Submission Consolidated Plan are to: â€¢ Calculate the number of people that must be housed in deed restricted affordable housing units to satisfy the residential requirements of the Affordable Housing Overlay (AHO); â€¢ Calculate the number of people that must be housed in deed restricted affordable housing units to mitigate the non-residential housing exactions of the AHO zone; and â€¢ Summarize the affordable housing plan. Residential Affordable Housing Overlay Zone Requirements The Board of County Commissioners approved Ordinance 96-51 on December 18, 1996 to create the Affordable Housing Overlay (AHO) zone district. The ordinance establishes that free market residential development may be exempted from the Aspen Metro Area residential Growth Management Quota system ifthe following standards have been met (new Code Section 3-40.73.B.) â€¢ Residential uses restricted to Category 1,2,3,4 and Resident Occupied affordable housing guidelines must comprise (70) percent of the residential unit mix of the development. â€¢ The number of persons residing in the restricted affordable housing must comprise sixty (60) percent of the total residential development population. Aspen Highlands Village includes 20 dwelling units (12 in Thunderbowl and 8 in Maroon Neighborhoods) that can be developed upon acquisition of TDIrs. These units are not located in the AHO zone and are not part of the AHO mix requirements (see drawing Z-1). Affordable housing exactions are not required for dwelling units developed pursuant to the acquisition of TDR's. 20 Thirty-two free market four bedroom townhouses and 11 R-15 lots in the Maroon Neighborhood are i in the AHO zone and form the basis for determining the number of 2~fordable housing units which ~ are required to meet the standards ofthe zone district (32 + 11 =43 free market units). In order to 1 meet the 70:30 ratio of affordable housing units to free market units there must be at least 100 affordable housing units in the AHO zone (100:43 =70:30). Aspen Highlands Village will include 111 affordable housing units in the AHO zone which exceeds the minimum requirement of 100 units and satisfies the AHO zone district 70:30 ratio of affordable housing units to free market units. 1 Table 9 shows 156 people are projected to reside in the 43 free market dwelling units proposed to be located in the proposed AHO zone. In order to meet the 60:40 ratio of affordable housing residents to free market residents, 234 residents must be housed in the affordable housing units in the proposed AHO Zone (234:156 = 60:40). Aspen Highlands Village can house 267.25 people in deed ~ restricted affordable housing units in the AHO zone which exceeds the minimum requirement of 234 people and more than satisfies the AHO zone district 60:40 ratio of residents housed in affordable housing units to residents housed in free market units (see Table 15). 1 The data show that 33.25 people residing in the affordable housing units in the AHO zone may be 1 used by the developer to offset the housing exactions generated by non-residential development 1 (267.25 people in AH units - 234 people required to be housed = 33.25 people to offset non- residential housing exactions). This credit is a sub-total used in the following section to compute the total AHV affordable housing excess. 1 21 1 I...- ,-I.". '-I'... 1 | TABLE 9 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: POPULATION IN THE AFFORDABLE HOUSING OVERLAY ZONE PROPOSED FREE MARKET 1 Type # Household Size* Population 2 4 94 5 Bdr. 11 4 44 1 4 Bdr. 32 3.5 112 Total 43 156 0 Pitkin County Land Use Code Source: Davis Horn Incorporated, September, 1997 Non-Residential Affordable Housing Overlay Zone Requirements Ordinance 96-51 establishes that non-residential development in a AHO zone be required to mitigate 60 percent ofemployees generated. The following sections apply the 60 percent employee generation rate to the commercial development proposed in Aspen Highlands Village to calculate the non- residential affordable housing exaction. Table 10 shows that total non-residential employee generation is a function of employee generation and the AHO zone housing exaction standards for tourist accommodations, independent commercial space and accessory skier senices. Each component of Table 10 generation is addressed in this section under the subheadings â€¢ Tourist Accommodations; and â€¢ Independent Commercial and Accessory Skier Services. , 22 TABLE 10 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: TOTAL NON-RESIDENTIAL EMPLOYEE GENERATION * Land Use* * Affordable Housing Exaction Tourist Accommodations 60.4 Independent Commercial Space 57.6 Accessory Skier Services 8.4 Total 126.4 Full Time Equivalent Employees (FIE) work 2,080 hours per year. Refer to Tables 11 and 12 the following section for explanation of employee generation for each category. Source: Davis Horn Inc., September 1997 1 Tourist Accommodations The tourist accommodation units are comprised of lodge condominiums. The tourist 1 accommodations are served by accessory commercial space that generates employees. Section 3- 130.20.C.3. (new Code) requires that 60 per cent ofemployees generated by tourist accommodations and commercial development be provided with affordable housing. Table 11 shows the 73 tourist accommodation units will generate a requirement to house 60.4 people in affordable housing. Independent Commercial Space and Accessory Skier Services Aspen Highlands Village will contain Independent Commercial space (IC) and Accessory Skier Services (ASS). Table 12 shows that the Independent Commercial Space (IC) and the Accessory Skier Services (ASS) will generate a requirement to house 66 people in affordable housing. Independent commercial (IC) space may attract a limited non-skier clientele from outside the Village when the lifts are not operating. The IC space will be comprised ofretail space such as a grocery. 23 A meeting room will be available for residents and guests of Aspen Highlands Village. The United States Forest Senice may utilize the ASS space as a Visitors Center in the summer. TABLE 11 ASPEN HIGHLANDS VILLAGE DETAILED SUBMISSION CONSOLIDATED PLAN: TOURIST ACCOMMODATIONS AFFORDABLE HOUSING EXACTION Iourist Accommodations Units & Accessory Commercial Space Number of Employee Employees AHO Enction People to Type of Space Units or S.F. Generation Rate* Generated Rate be Housed Tourist Accommodations 73 .4 29.2 .6 17.5 Restaurant *LA) Wait-Service 4,000 .0075 30.0 .6 18.0 Restaurant (NLA) Limited Wait-Service 2,000 .005 10.0 .6 6.0 Retail @ILA) 8,000 .0035 28.0 .6 16.8 Condominium Room ** 3,000 NA 3.5 .6 2.1 TOTAL NA NA 100.7 .6 60.4 * Employee Generation rates derived from Section 5-300.1 (c) Pitkin County Land Use Code. As per Section 5-300.1 (c) employee generation is based upon Net Leasable Area. Net I.easable Area is 80% of Gross Retail Space and 65 % of RestmInmt space. Restatirant eznployee generation rates are based upon 5 employees per 1,000 sf ofNLA restaurant space for the limited walt service type dining and 7.5 employees per 1,000 sf for wait-service dining. - The condominium room will be used for a variety of functions. A total of 3.5 FIEs will be generated as approved by the BOCC. Source: Davis Horn Inc.; September, 1997 1 1 24 TABLE 12 ASPEN HIGHLANDS VILLAGE DETATI ED SUBMISSION CONSOLIDATED PLAN: INDEPENDENT COMMERCIAL SPACE AND ACCESSORY SKIER SERVICES EMPLOYEE GENERAT[ON Employee AHO People Square Generation Employees Exaction to be Type Space Feet Rite * Generated Rate Housed IndcurndculÂ£Qmmctrial Retail (NLA) 13,600 .0035 47.6 .6 28.6 Restaurant (NLA) Wait-service Restaurant (NLA) 2,000 .0075 15.0 .6 9.0 Restaurant (NLA) Limited Wait-service 6,125 .005 30.6 .6 18.3 Meeting Room** 1,800 NA 2.8 .6 1.7 Ski Area Storage *** 2,200 NA NA .6 NA Subtotal 25,725 NA 96.00 .6 57.6 Accessorv Skier Services & Ticket Salci ASS .... 10,200 NA 9.4 .6 5.6 Ticket Sales .... 1,800 NA 4.6 .6 2.8 Subtotal 12,000 NA 14.0 .6 8.4 Grand Total 37,725 NA 110.0 .6 66.0 Employee Generation rates derived from Section 5-300.1 (c) Pitkin County Land Use Code. The restaurant employee generallon rates art based upon 5 employees per 1,000 sf of NLA restaurant space for the limited wait service type dining and 7.5 employees per 1,000 sf for wait-service dining. As per Section 5-300.1 (c) employee generation baxd upon Net Leasable Area. NLA for retail space = 80% Gross Leasable Area (GLA) and 65 % of restaurant space. " The meeting room will be used intermittently. A total of 2.8 FIEs will be generated as approved by the BOCC. ... Ski Area Storage Space will be utilized for ski storage, racing equipment and other ski area related functions .... (ASS) Acces:*xy Skier Services - Public and employee rest rooms, ski school, ticket sales, guest services, ski patrol, racing program. lift operations, and admirustration are located in buildings and 7. Ticket sales will be in buildings 6 and 7. This space may be used as a Forest Service information center without additional employee generation. Source: Davis Horn Inc.; September 1997 25 Demolition Credits Section 5-501.2 of the Land Use Code permits the remodeling, restoration, reconstruction or replacement of any legally established structure. Therefore, a developer reconstructing demolished commercial space 1 or tourist accommodation units receives a credit for the demolished commercial space if it was legally created prior to the enactment of the Commercial Growth Management Quota System (GMQS) on September 13, 1983 and tourist accommodation units legally created prior to the enactment ofthe Tourist 1 Accommodations Growth Management (GMQS) on December 13, 1982. Credits are given since the GMQS system is designed to mitigate impacts associated with new growth after the enactment of the quota system. 1 The project is entitled to a credit for 66.5 base area employees as reviewed and approved during Detailed Submission. 1 1 The Aspen Highlands Village is also entitled a credit of 39.75 EGUs for the demolition ofthe Highlands Inn as reviewed and approved during Detailed Submission. r Table 13 documents the existing commercial space. Legal Tabs Co. 1-800-322-3022 Recycled ~ Stock # ATT-10-S Attachment 13 AUG-39-07 THU 01~41 FM FAX NO, P, 01 Augi.st 8,2007 ATTACHMENT 13 Jessica Garrow City of Aspen Coe wmunity Development Department 130 South Galena Aspen, Colorado 81611 Dear J essica: Hines This latter authorizes Davis IIorn Incorporated to prepare a land t.sc application to change the use of the meeting room in Aspen Ilightands Village Bllitding # 2 to a commercial space. Thank you. Sincerely, Robert E. Daniel Vice President 1-lines Cc: Glenn Hom 0t33 Pro~p,<ror :to-â€ži Sulic 4! 1] A.pen. Coloal'0 81611 (970)920-1901 (97[)) 920Â·3829 rAX Legal Tabs Co. 1-800-322-3022 Recycled 4@ Stock #ATT-10-s .#d~~-~ Attachment 14 ATTACHMENT 14 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTME Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 14 , neo (hereinafter APPLICANT) AGREE AS FOLLOWS: /4 w< - ~, Ag;~yjgT has sâ‚¬~34 tcx~Atan ame,cation34.\ -"*ve i /- U 1 12_ (hereinafter, THE PROJECT). 3 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 i 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 ancFor 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 dptermination of app~gition completeness, APPLICANT shall pay an initial deposit in the amount of $ acn-Â¢-1 which is for 14- hours of Community Development staff time, and if actual recorded cosifexceed 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 $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT n 1 ./ JL By : By : (~-1 41 n n 1-Â·~ J r.i Chris Bendon 9/1313-1 Community Development Director Date: Mailing Address: 1-1 \'ne:-~ A-'Tr-en'-nol C PA i R 1--1 2~1 1 01 g:\support\forms\agrpayas.doc Â·-2--303 eusT ocd-i *.1 ud 1 1/10/01 ~ ul L 1-r l.Â·4900 6 RETAIN FOR PERMANENT RECORD /tus Tu n 1 -7-2 >uu -3 77_-7 c~56:~ -<11 L r Legal Tabs Co 1-800-322-3022 Recycled ~~ Stock # ATT-10-S Attachment 15 05-17-06 04:03pm From-HINES ASFu 9709203829 T-873 P 06/09 F-817 /1 11 992.75JN'.14,-7 7 1 4 1 1,11,-Mf.1111411,1.47 41.114 4 '714 , 7 1 11 & .11111 I'l i ''Ti' 10~ p ATTACHMENT 15 4'kr,;4 S '$?)" b ] A lit\'Vio , 4,1, 4 1 1 .,buu. *2,1224*1.,=LI -1, il i .2.l.,1,Bi, 1-Ji,1.-121-â€ž _ L__31 i't9,~likl~!td~.Vi~Al,.~..,...: .a-3-.''l 1â€¢, i...u-- a,u,u~-k.Utâ€¢câ€¢,4. ti,~1,42,-Â·I.Juuwa./.ifi Property Information Search > Results > Detail View Map Owner Name: Hines Highlands Ltd Partnership Type: Primary Address: 426 E Main St Aspen, CO 81611 Property Address; Aspen, CO Account number: R019024 Parcel number: 273514213552 Sub-division: Condo: Aspen Highlands Condo Ph 2 Neighborhood: HIGHLANDS VILLAGE Area: 086 Legal: CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT Land No items found. 01-1/ Building(s) Type: Commercial Value: $123,200.00 Description: HIGHLANDS OFFICE CONDO Actual year built: 1999-01-01 00:00:00 Square feet: 647.0 Bedrooms: Bathroorns; Stories: 2.0 Architecture style: GOOD-BASE Construction quality: GOOD-BASE Type of heat: GOOD-BASE Roof structure: GOOD-BASE CPI 63 http://www.mitchandco.com/realestate/pitkin/propertyDisplay.cfm?AccounTNoâ‚¬019024 5/17/2006 ' 05-17-06 04:0200 From-HINES ASP- 9709203829 T-873 P.05/09 P-817 Roof cover: GOOD-BASE Exterior wall: GOOD BASE Improvement(s) No items found. Sgarâ‚¬h > REsults > Detail Â¥ie*_Mall 2. Uti*:Al/414NDhne Copyright Â© 2002 Mjkhell & Company, Inc. All Rights Reserved. http://www.mitchandco.com/realestate/pitkin/propertyDisplay.efin?AccountNom=R019022 5/17/2006 Legal Tabs Co. 1-800-322-3022 Recycled ~ Stock # ATT-10-S Attachment 16 r.: J c .,tibourrage et a s6chage rap" Ve 'Af VU'. avery.com <24 A. 34 f. t.,. ' ' ' 90 B - Ne .:abarit 5160Â® 1-800-GO-AVERY ATTACHMENT 16 HINES HIGHLANDS LTD PARTNERSHIP HOLLAR SETHA JAWORSKI KAREN 26 E MAIN ST 115 BOONERANG RD #5403 39 BOOMERANG RD #0123 ASPEN, CO 81611 ASPEN, CO 8'611-4314 ASPEN, CO 81611 JOHNSON TEREE L JONES RICHARD MC CULLOCH JR KEATING CHRISTOPHER J & SUZANNE I 10 BOX 4884 1501 MAROON CREEK RD #5 0199 PROSPECTOR RD #3107 4SPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 KIKER KARI & JOHN R LISMAN ADRIANA LYONS DAVID C 0039 BOOMERANG RD UNIT 8121 PO BOX 9460 0155 BOOMERANG RD #5409 \SPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 MACHUCAJOSE MAROON NEIGHBORHOOD TOWNHOME .YONS MICHAEL ASSOC SIBRIAN JENNI 1690 HOMESTAKE DR 0199 PROSPECTOR RD #3111 C/O JOSHUA & COMPANY MANAGER ASPEN, CO 81612 ASPEN, CO 81611 300 HUNTER ST ASPEN, CO 81611 ABEREKO ISAAC TP & LAUREN P MCCANN KEVIN J & ELIZABETH MEYERSTEIN TRUST )O BOX 10296 0199 PROSPECTOR RD #3113 5555 TELEGRAPH RD ASPEN, CO 81612 ASPEN, CO 81611 COMMERCE, CA 90040 MILLER DANIEL K & NANCY L MORSE ROGER NERAL CHRISTOPHER J 2916 SUFFOLK LN 133 PROSPECTOR RD UNIT 4212 0115 BOOMERANG RD #5405 -ALLSTON, MD 21047 ASPEN, CO 81611-3390 ASPEN, CO 81611 PARKER DAVID W 1/5 NETTLETON ANDREW PITKIN COUNTY C/O WINTER PARK VILLAGE MGT CO )199 PROSPECTOR RD #3102 530 E MAIN ST STE 302 2800 POST OAK BLVD STE 4800 \SPEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77056-6123 RANDEL BRAD & LINDA RECH LAURIE & CHRISTOPHE RECKLING THOMAS R & MARGARET W 0199 PROSPECTOR RD #3108 0199 PROSPECTOR RD #3109 5203 BRIAR DR ASPEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77056 RITZ-CARLTON DEVELOPMENT kEED TIMOTHY G & LYSA S ROCKY MTN CATTLE VENTURES LLC COMPANYINC 0199 PROSPECTOR RD #3105 300 S HUNTER ST 6649 WESTWOOD CENTER BLVD STE ASPEN, CO 81611 ASPEN, CO 81611 500 ORLANDO, FL 32821 ROMERO DWAYNE L 1/5 ROOKASIN IRIS RYMER PATRICIA A TRUST 3/O DONNA GRAUER 1501 MAROON CREEK RD #10 1200 N LAKE SHORE DR #Ml 426 E MAIN ST ASPEN, CO 81611 CHICAGO, IL 60610 ASPEN, CO 81611 â€žâ€ž091.5 ,Â·,All;VIM 79\ iii,-Â·A ,â€žAnâ€žA --.--fi,ini.,1-t ..2,1,..Finnilic ni,1, i,ir,r A}33AV-09-008-L 409L5 31-Vld'A'31 r,X,laAV asn Irr .2.Â·e,1,6,9 2, Â· 4 t .,.ec age rapide .4 Art Y Â·~ 'V i 2 ~ AVERYÂ® - 460(6 1.' $-HisÂ·' / -c .a, : PÂ·u 1,7-4 SAUDERS STE' SCHAFER ROBERT P SCHILLE JOHN JR & JIE DONG 0199 PROSPE:07.u.: RD #3104 0133 PROSPECTOR RD #4201 PO BOX 10403 ASPEN, CO 81ell ASPEN, CO 81611 ASPEN, CO 81612 SEIDEMAN ROB & KELLY HALL SHANKS ROBERT H SILVERA CHERIE R PO BOX 11424 0115 BOOMERANG RD #5304 133 PROSPECTOR RD #4305 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-3391 SMITH SARAH SPOFFORD FRANK STEWART MILTON M JR & CAROLE C PO BOX 6235 PO BOX 2535 0115 BOOMERANG RD #5103 SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81612 ASPEN, CO 81611 THOMPSON JESSE THOMSEN CERENA E & CHRISTIAN TSOU MICHAEL & ANGELENE 0115 BOOMERANG RD #5408 0199 PROSPECTOR RD #3103 1501 MAROON CREEK RD #11 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TUCKER AMANDA D UMBARGER MARK R WITT PATRICIA PO BOX 11500 0115 BOOMERANG RD #5407 0115 BOOMERANG #5109 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 YU WEN-SHI 108-81 AVE KEW GARDENS, NY 11415 01 AWZIAV-09-009-L - r.09lf; 21 IVIA;AI31 r..XleAV asn Utilisez le gabarit 5160' 1-800-GO-& VE ALVARADO ANTONE c / Â·Â· .c.JA JON A u ,-SCOMMERCIAL PO BOX 878 96 FOREST AVE i Â·:E- 1 R. I), S z 715' Â·Â·1.Alt' ST#304 ASPEN, CO 81612 RYE, NY 10580 PE. , t. '(2 61611 ASPEN HIGHLANDS CONDO ASSOC INC ASPEN HIGHLANDS VILLAGE AFF ASPEN SKIING COMPANY LLC C/O CONTROLLER HOUSING PO BOX 1248 0075 PROSPECTOR RD C/O ABACUS BOOKKEEPING ASPEN, CO 81612 ASPEN, CO 81611 P O BOX 9164 ASPEN, CO 81612 BIGGINS KENNETH MARK BURROWS HUGH & SARA BUYSSE MICHAEL & ANIR 0115 BOOMERANG RD #5406 0115 BOOMERANG RD #5106 0115 BOOMERANG RD #5107 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DANIEL ROBERT E JR 1/5 CLARK TODD A DAANE OLIVIA Q & DEWEY C/O DONNA GRAUER 0115 BOOMERANG RD #5108 0199 PROSPECTOR RD #3106 426 E MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DASARO ROBERT A JR & STEPHANIE L DELAK ERICA DOMOSZLAY KATALIN 0039 BOOOMERANG RD #8122 0199 PROSPECTOR RD #3102 0115 BOOMERANG RD #5410 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DONOVAN JOHN T 1/5 DUNN MICHAEL & SHERRI EAGLE MELVIN & LEATRICE C/O DONNA GRAUER 0115 BOOMERANG RD #5102 9309 INGLEWOOD CT 426 E MAIN ST ASPEN, CO 81611 POTOMAC, MD 20854 ASPEN, CO 81611 EASTMAN P PLACE & THOMAS F 50% ERCK STANLEY C 50% FADALE JENNIFER B PO BOX 1454 954 CENTRE DR PO BOX 3653 LA QUINTA, CA 92253 JAMAICA PLAIN, MA 02130 ASPEN, CO 81612 FAGAN CHARLES D FEHER LAWRENCE D FERRARO JAMES JR & JAMI LEE PO BOX 1107 0115 BOOMERANG RD #5404 39 BOOMERANG RD #8124 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-4308 FRIED ALAN I & SHELLEY R GASIOROWICZ HILDE E TRL?S-f GOSDA HEATHER PO BOX 783 2630 GLENHURST PL 0199 PROSPECTOR RD #3110 ASHLAND, OH 44805 MINNEAPOLIS, MN 55416 ASPEN, CO 81611 HARPRO LLC GRAUER DONNA 1/5 HALFERTY SARA C/O GOLDEN EAGLE PROP SERV, INC 426 E MAI N ST 215 S MONARCH AVE STE 202 PO BOX 2000 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 AdFAV-09-303-1. Â®091.5 3.1.VIdi/yal Â®*ABAV asn ez_27= I i Â®0915 Â®A:i '13-Aw ~ U;Ly,UÂ·t Â·'te' 1 ' A.G APE,01. [Bugul 0, 201..â€¢ .36.riu~S p'Â·'22 ll.~pr Legal Tabs Co. 1-800-322-3022 Recycled Ig~ Stock #ATT-10-S Attachment 17 ATTACHMENT I 7 ATTACHMENT 2 -LAND USE APPLICATION I Al'1'i,it,Â· . c . 1 . Name: 010-1 ,\Sf e. h. LL Â£ 3 KVL-4 L/, { \ cel-e Fc/Â£9 Location: 2,05 pifok Al'Â· A M U 1\1 C # ell D E 1\ A 1 3 14- 2- un)* 21 03 (Indicate street address. lot & block number. legal description wnerc appropriate) Parcc! ID # (REOU[RED) 17-1 15*- I Li 1 1% 4 23'cD REPRESENTATIVE: Name: . Do.- -1 < 6 \-1 4 r. A .1- Â«L Â· Address: -1-lf- 1 0.-1 04.-A.-r-cla 3 -L. 1-I_ 1 UL-i 4-5 be k Ak) c / Phone #: A-1 0 CCLi- G 930-1 PROJECT: Name: A 91 0 f d_D Address: 0-3> 6-os p _c--fror 611 Ft)~be 7 (_CD % 1 Ge / Phone #: -at=:t-en_. C,r.17-1 - \ 5-0 1 D o ~~1 ED c--ck L~ er TYPE OF APPLICATION: (please check all that apply): U Conditional Use U Centeptual PUD E Conceptual Historic Devt. C Special Review [1~ Final PUD (& PUD Amendment) Â£ Final Historic Development O Design Review Appeal Â£ Conceptual SPA U Minor Historic Devt. O Gi~S Allotment U Final SPA (& SPA Amendment) C] Historic Demolition D# GMQS Exemption U Subdivision O Histonc Designation E ESA-8040 Greentine, Stream Â£ Subdivision Exemption (includes O Small Lodge Conversion/ Margin, Hallam Lake Bluff, condorniniumization) Expansion Mountain View Plane El Lot Split j Temporary Use U Other: Â£ Lot Line Adjustment U Text/Map Amendment EXISnNG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 4-7 u Â»u,l Â«St_ 0 C~ltie_Ir- 5 n,-~ roo vyÂ·2 & vn 91 \ 64 1 1 _D .3 2ROPOSAL: (description ofproposed buildings, uses, modifications, etc.) 012 n U t C 1- 113 C...c_~ ,Â·u,~ rf rc L vI agjoupttached the following? FEES DUE:$ 3019 *'Pr**pplication Conference Summary :/ k~'liacbment #1. Signed Fee Agreement j ~stionse to Attachment #3, Dimensional Requirements Form FResponse 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 Iloppy disk with an electronic copy of all written it (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD -ACHMENT -2-1- ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project: A- H o eu o Applicant: \-Al r,â‚¬-6 k\,4619,-11 U-,-roj Qu rinâ‚¬r-<klf Location: 8 Ll,~ 3 -2- *-14 A kl 0 PU D S k D Zone District: SkI 5 hz A re- 86*-92 Lot Size: Fac~ i h AuT- Appil~01â‚¬ To PUO Lot Area: i k.b (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing. Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing. Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing. Required: Proposed: Distance Between Existing Required: Proposed:______ Buildings Existing non-conformities or encroachments: Variations requested: