HomeMy WebLinkAboutagenda.apz.20100921AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, September 21, 2010
4:30 p.m. regular meeting— Sister Cities Room
CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES (9/7; 8/17; 8/3; 7/20; 7/6)
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS:
A. 700 Ute Avenue — PUD Amendment
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number: 18
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jennifer Phelan, Community Development Deputy Director
THRU: Chris Bendon, Community Development Director
RE: 700 Ute Avenue (Aspen Alps) Planned Unit Development Amendment —
Resolution No. , Series 2010 — Public Hearing
MEETING
DATE: September 21, 2010
APPLICANT /OWNER:
STAFF RECOMMENDATION:
• Dov Seidman Living Trust
Staff recommends that the Commission make a
• Aspen Alps South Condominium
recommendation of denial to the City Council.
Association
• Ms. Mariann Martin
In the alternative, if the commission supports the
amendment, staff recommends the applicant
REPRESENTATIVE:
extinguish TDRs to exceed the unit size cap.
Alan Richman, Alan Richman Planning
Services
SUMMARY:
The owner of unit 701 would like to merge a unit
LOCATION:
with his unit to increase the overall size of unit
Aspen Alps South, Unit 701 and Space
701. A PUD Amendment is necessary to increase
A. Commonly known as 700 Ute Ave.,
the size of the unit as it currently exceeds the
Units 701 and 711
maximum unit size dimensional standard.
CURRENT ZONING & USE
Located in the Lodge (L) zone district
with a Planned Unit development (PUD)
overlay.
PROPOSED LAND USE:
The Applicant is requesting to merge
Space A and Unit 701 into one
residential unit.
Page 1 of 4
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use recommendation of approval from the
Planning and Zoning Commission to expand unit 701:
• Other Amendment. An amendment to a final development plan, 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 pursuant to Land Use Code section
26.445.030 (C) steps 3 and 4. ( City Council is the final review authority after considering a
recommendation from the Planning and Zoning Commission).
The recorded condominium plat of the Aspen Alps is considered the final development plan as
the project is circa 1960s — 1970s and little documentation is available on the project. Due to the
proposed variations requested through this PUD application, staff is recommending a two -step
review process.
PROJECT SUMMARY:
The Aspen Alps consists of a number of free - standing buildings that contain multi - family
residential units and are a condominium form of ownership. The Aspen Alps provides front desk
services and amenities on site. The development is located in the Lodge (L) zone district with a
PUD overlay on the property. The units are considered multi - family units; however, since they
are located in the L zone district they are permitted but not required to be short term rented. The
use of the property: multi - family residential is important to note as there are certain zone district
standards that affect the proposal. Specifically, there is a cap on unit size for multi - family
residential units of 1,500 sq.ft. of net livable area with the potential of adding 500 sq. ft (for a
cap of 2,000 sq. ft.) with the landing of a Transferable Development Right (TDR).
Within Building 700, the owner of unit 701 (a three bedroom unit) would like to purchase space
A/unit 711' (a one bedroom unit) and merge the two units into one larger unit. Unit 701 contains
approximately 2,250 sq. ft. which exceeds the maximum size cap permitted. Space A/unit 711 is
approximately 612 sq. ft.. If the units are merged, the total square footage will equal
approximately 2,862 sq. ft. To permit a unit of this size, a variation through the PUD to the
maximum multi - family residential dwelling unit size needs to be approved.
1 The status of space A /unit 711 is rather unique. Condominiums are generally divided into Units, Limited
Common Elements (LCE), and General Common Elements (GCE). Units tend to be the physical unit that
an individual purchaser owns, while a LCE is a common element that limits the use of the subject element
to an individual unit owner (for example a back yard), whereas a GCE is a common element that is
general in nature and used by the homeowners association (HOA).
Typically, a residential dwelling is identified on a plat as a unit. Although space A /unit 711 is configured
as a one bedroom dwelling unit, it is shown on the condominium plat as a GCE on the condominium plat
and owned by the HOA; however, space A/unit 711 is also encumbered with a "perpetual exclusive
easement' for use of the space by the original condominium declarant (as well as heirs). So, although
owned by the HOA, space A/unit 711 is exclusively used by the heirs of the original developer of the
Aspen Alps. Information confirming that the dwelling unit was built as part of the original development
of the building in the 1970s has been submitted and staff believes this arrangement might have been
created as part of the condominiumization of the building to avoid the payment of HOA dues.
Page 2 of 4
Aspen Alps is considered multi - family residential. As such the merging of two units is subject to
Section 26.470.070 (5), Demolition or redevelopment of multi - family housing, which requires
affordable housing mitigation when multi - family units are demolished or combined unless the
units meet an exemption from the requirements. Both units meet one of the listed exemptions.
STAFF COMMENTS:
A Planned Unit Development is a process in which a site specific development plan is created
which encourages flexibility and innovation in the development of the land and promotes
objectives outlined in the LUC and goals of the AACP by allowing the variation of the
underlying zone district's dimensional requirements. The parcel currently exists with a PUD
overlay, however, based upon the new development proposal the PUD must be amended and
dimensional requirements established to permit the merging of the two units.
Maximum Multi - family Residential Dwelling Unit Size. As noted previously, the Applicant
seeks to increase the size of unit 701 from 2,250 sq. ft to 2,862 sq. ft. The current maximum cap
in unit size for a multifamily residential unit is 2,000 sq. ft. with the landing of a Transferable
Development Right. As the existing unit is over the allowable unit size, the only way to permit a
residential dwelling that is larger than what is permitted by the underlying zoning is to amend the
dimensional standards for the PUD, specifically amending the maximum multi - family residential
dwelling unit size.
To accommodate the request a maximum unit size cap of 3,000 sq. ft. of net livable space should
be considered. This cap would be subject only to the 700 building of the Aspen Alps so any unit
within the building could potentially become a 3,000 sq. ft. unit in the future.
Staff Comment: Under section 26.710.190, the Purpose clause of the Lodge zone district states
that:
"The purpose of the Lodge (L) Zone District is to encourage construction, renovation and
operation of lodges, tourist - oriented multi family buildings, high occupancy timeshare facilities
and ancillary uses compatible with lodging to support and enhance the City's resort economy.
Free - market residential units within this Zone District shall be permitted, but not required, to be
used as short -term tourist accommodations. The City encourages high- occupancy lodging
development in this zone district. Therefore, certain dimensional incentives are provided in this
zone district, as well as other development incentives in Chapter 26470, Growth Management
Quota System (GMQS). "
In 2007 City Council capped the size of residential units within the Lodge and other zone
districts throughout the city. This was, in part, to encourage higher densities and the potential to
have more lights on in the core of the city. Part of the Philosophy under Economic Sustainability
of the Aspen Area Community Plan is "Essential to long -term viability is the unique, varied, high
quality, and welcoming experience Aspen offers to both residents and a diverse visitor
population. They demand a lively, small -scale downtown with diverse and unique shops and
varied choices of accommodations, including small lodges" (Philosophy, pg 31).
RECOMMENDATION:
Based upon the dimensional standards of the zone district, staff does not recommend approval of
the request to merge the two units and further exceed the maximum unit size cap for multi - family
Page 3 of 4
residential dwelling units in the Lodge zone district. A larger unit may diversify the city's
offerings with regard to potential accommodations; however, a lodging inventory showed that
there is plenty of larger units available in the city's inventory. Staff believes that the goal of the
city is to provide smaller units that may potentially be rented and provide a higher density of
units within the city's core.
If the Commission determines that merging of the two units is appropriate, staff recommends
that the Commission require the purchase of Transferable Development Rights to exceed the
current cap.
PROPOSED MOTION: "I move to recommend City Council denial of the request."
ALTERNATIVE MOTION: "I move to recommend City Council approve the PUD
Amendment with a requirements that the applicant extinguish TDRs to exceed the unit size cap."
ATTACHMENTS:
EXHIBIT A - Review Criteria
EXHIBIT B — Application
Page 4 of 4
RESOLUTION N0. _
(SERIES OF 2010)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A PUD AMENDMENT FOR THE ASPEN ALPS SOUTH
CONDOMINIUM COMMONLY KNOWN AS THE 700 BUILDING OF THE ASPEN
ALPS, 700 UTE AVENUE, CITY OF ASPEN, COLORADO.
PARCEL ID: 273718269004 and 273718269010
WHEREAS, the Community Development Department received an application from
Alan Richman Planning Services on behalf of the owner of 15 Unit 701, Aspen Alps South also
known as 700 Ute Avenue, Unit 701 and the Aspen Alps homeowners association for a Planned
Unit Development Amendment; and,
WHEREAS, the requested amendment is to permit the merging of two units within the
700 building of the Aspen Alps; and,
WHEREAS, the merging of the two units will allow a unit of up to 3,000 sq. ft. of net
livable area for the subject unit and for any unit within the 700 building; and,
WHEREAS, during a duly noticed public hearing on September _, 2010, upon
review and consideration of the recommendation of the Community Development Department,
presentation from the applicant, public testimony, and discussion and consideration of the
proposal, the Planning and Zoning Commission approved the review, by a - - - -- to - - - -- (- -to - -)
vote, with the allowances and limitations as outlined in this resolution.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Approvals Granted
The Planning and Zoning Commission recommends approval of the following land use reviews
with the following conditions:
A. Planned Unit Development — Other Amendment. The Planning and Zoning Commission
recommends the following variation of a dimensional standard from the Lodge zone
district solely for the 700 building The specific variation is from section 26.710.190
(D)(12), Maximum Multi- Family Residential Dwelling Unit Size:
Net Livable Area
Max. Unit Size 1 3,000 sq. ft.
P &Z Resolution No. , Series of 2010
Page 1
Section 2: Building Permit
A building permit application shall meet all adopted standards of the city. Additionally, a copy of
this resolution and the plat approving the building envelope shall be submitted with the
application. The two following items will be addressed in the application.
Section 4: Vested Rights
This approval shall be valid for the greater of the three -year period of statutory vested rights, as
more precisely defined in the Development Order issued by the Community Development
Department.
Section 5•
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.
Section 6:
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 7:
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
September, 2010.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Jim True, Special Counsel Stan Gibbs, Chairman
P &Z Resolution No., Series of 2010
Page 2
ATTEST:
Jackie Lothian, Deputy City
P &Z Resolution No. , Series of 2010
Page 3
EXHIBIT A
Chapter 26.445, PLANNED UNIT DEVELOPMENT
See. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD.
A development application for conceptual, final, consolidated, conceptual and final or
minor PUD shall comply with the following standards and requirements. Due to the
limited issues associated with conceptual reviews and properties eligible for minor PUD
review, certain standards shall not be applied as noted. The burden shall rest upon an
applicant to show the reasonableness of the development application and its conformity
to the standards and procedures of this Chapter and this Title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
3. The proposed development shall not adversely affect 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.
Staff Finding: Part of the Philosophy under Economic Sustainability of the Aspen Area
Community Plan is "Essential to long -term viability is the unique, varied, high quality,
and welcoming experience Aspen offers to both residents and a diverse visitor
population. They demand a lively, small -scale downtown with diverse and unique shops
and varied choices of accommodations, including small lodges" (Philosophy, pg 31).
Staffftnds that the AACP does not directly address lodging.
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.
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.
b. Natural or man-made hazards.
c. Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and
landforms.
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.
Staff Finding: The dimensional standards are set via the PUD and the request does
not affect the overall dimensions: height, floor area etc. of the PUD but would
affect density and maximum unit size of the PUD. The above referenced influences
do not impact the proposal. Stafffinds this standard not applicable.
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.
Staff Finding: The PUD request does not affect open space and site coverage. Staff
finds this standard 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.
b. The varying time periods of use, whenever joint use of common parking is
proposed.
c. The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d. The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding: The PUD request does not affect parking on -site. Staff finds this
standard not applicable.
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.
b. There are not adequate roads to ensure fire protection, snow removal and
road maintenance to the proposed development.
Staff Finding: Sufficient infrastructure exists to service the development with its
current density. Stafffinds that this standard is not 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:
a. The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water
pollution.
c. The proposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d. The design and location of any proposed structure, road, driveway or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
Staff Finding: The density already exists as the project is developed and natural
hazards are not present that would provide a basis for a reduction in density. Staff
finds that this standard is not 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.
a. The increase in density serves one 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.
b. 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.
c. The increase in maximum density results in a development pattern
compatible with and complimentary to, the surrounding existing and
expected development pattern, land uses and characteristics.
Notes:
a. Lot sizes for individual lots within a PUD may be established at a higher
or lower rate than specified in the underlying Zone District as long as, on
average, the entire PUD conforms to the maximum density provisions of
the respective Zone District or as otherwise established as the maximum
allowable density pursuant to a final PUD Development Plan.
b. The approved dimensional requirements for all lots within the PUD are
required to be reflected in the final PUD development plans.
Staff Finding: The applicant is proposing reduce the density on the site. Stafffznds
this standard not 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:
1. Existing natural or man -made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
7. For non - residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
Staff Finding: As noted earlier, the application request interior changes to a building
and does not affect public spaces, manmade and natural features, etc. Staff finds this
standard not applicable.
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:
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.
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.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding: This standard is not applicable as landscaping is not affected by this
application.
E. Architectural Character.
1. Be compatible with or enhance the visual character of the City, appropriately
relate to existing and proposed architecture of the property, represent a character
suitable for and indicative of the intended use and respect the scale and massing
of nearby historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade and vegetation and by use of non -
or less- intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Finding: This standard is not applicable as the existing architectural character is
not affected by this application.
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.
2. All exterior lighting shall in compliance with the outdoor lighting standards
unless otherwise approved and noted in the final PUD documents. Up- lighting of
site features, buildings, landscape elements and lighting to call inordinate
attention to the property is prohibited for residential development.
Staff Finding. This standard is not applicable as the existing lighting is not affected
by this application.
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:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of the property,
provides visual relief to the property's built form, and is available to the mutual
benefit of the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial, or
industrial development.
Staff Finding: This standard is not applicable as the existing undeveloped land is not
affected by this application.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. 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.
2. Adverse impacts on public infrastructure by the development will be mitigated by
the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding: The Applicant is proposing to enlarge and existing unit; utilities are
not affected.
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.
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.
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.
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.
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.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots
within the PUD, are minimized to the extent practical.
Staff Finding: As a proposal to merge units, circulation and access are not affected.
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 shall be defined in the adopted final PUD development plan.
Staff Finding: This standard is not applicable to the review of the request.
Box 3613,44A a, e*&mzda 81612 ;D"ae /�74z (470)420 -1125 4aie�af»ria.aet
June 21, 2010
Mr. Drew Alexander, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN ALPS SOUTH PUD AMENDMENT /CONDOMINIUM MAP AMENDMENT
Dear Drew,
Please consider this letter to be an application for a PUD amendment and for an
amendment to the condominium map for Unit 701 and Space A of the Aspen Alps South
(a/k/a, the 700 Building at the Aspen Alps).
Unit 1 is owned by the Dov Seidman Living Trust (see Warranty Deed attached as Exhibit
#1). Space A is a general common element depicted on the First Supplement to
Condominium Map of Aspen Alps South, recorded in Book 3 at Page 374 of the Pitkin
County Records. Because Space A is a general common element, it is owned by the
Aspen Alps South Condominium Association. However, pursuant to the Condominium
Declarations, recorded in Book 217 at Page 189 (see Exhibit #2) the original declarant for
the Aspen Alps South has a "perpetual exclusive easement and right to use Space A ".
The Dov Seidman Living Trust (hereinafter, "the applicant') is currently in negotiations to
purchase the exclusive easement and right to use Space A from its current owner, Ms.
Mariann Martin. Ms. Martin is one of the daughters of the original developer of the Aspen
Alps, Mr. Hans Bornefeld. The applicant is also currently in negotiations with the
Condominium Association as to the terms by which Space A could be converted from a
general common element to a unit space.
The applicant has submitted a letter designating Alan Richman Planning Services as his
representative for purposes of this application. This letter is attached as Exhibit #3.
Letters have also been provided from the Condominium Association and from Ms. Martin,
as the owners of Space A and the easement for Space A, respectively, authorizing the
applicant to submit this application (see Exhibits #4 and #5).
Unit 701 and Space A are located adjacent to one another within the 700 Building (see
attached map showing the buildings and units within the Aspen Alps. See also the
attached copies of the Condominium Map of Aspen Alps South).
Mr. Drew Alexander
June 21, 2010
Page Two
The applicant proposes to make an internal connection between Unit 701 and Space A,
by installing a door in a common wall. The separate entrances to both Unit 701 and
Space A would remain in place. An existing and proposed floor plan has been provided
for Unit 701 and Space A, showing the wall that is common to them and showing the
location of the door that is proposed to connect the two areas.
We held a pre - application conference with staff of the Community Development
Department regarding this proposal. A copy of the pre - application form you provided to
us is attached hereto as Exhibit #6. This application letter and the attached exhibits and
drawings respond to each of the items listed on that form.
The following sections provide some background information regarding the proposal and
an explanation of how the proposed amendment complies with the applicable standards
of the Aspen Land Use Regulations.
Background Information
The Aspen Alps Complex
The Aspen Alps is an 83 unit condominium complex located at the base of Aspen
Mountain. Seven of the eight buildings in the complex were built in the 1960's. 777 Ute
Avenue was built in 1990 and became part of the Aspen Alps soon thereafter. A parking
structure, including three affordable housing units, a maintenance shop, and a laundry,
was completed beneath the tennis courts in 2003. A vicinity map that shows the location
of the buildings and each of the units within the Aspen Alps is included in this application.
The Aspen Alps Condominium Association is actually comprised of five distinct
homeowners associations. The associations that make up the Aspen Alps, the buildings
they encompass, and the dates of their establishment are as follows:
1. Aspen Alps Homeowners Association (100 Building, established in 1963);
2. Aspen Alps West Homeowners Association (200 Building, established in 1964);
3. Aspen Alps South Homeowners Association (300, 400, and 500 Buildings,
established in 1965; 700 Building established on a second parcel in 1967);
4. Aspen Alps North Homeowners Association (800 Building, established in 1970); &
5. 777 Ute at the Aspen Alps (established in 1990).
Given the manner in which the Association is constituted, this application is being
submitted solely with respect to the parcel of land on which the 700 Building is located.
(See the first supplement to the condominium map which established this parcel and
authorized this building, recorded in Plat Book 3, Page 374 of the Pitkin County records).
Mr. Drew Alexander
June 21, 2010
Page Three
Zoning
For many years, the Aspen Alps was subject to several different zoning designations,
including both lodging and residential designations. However, in 2001, the City Council
adopted Ordinance 28, Series of 2001 (see Exhibit #7), rezoning those portions of the
Aspen Alps that were zoned R -15 or Conservation to LodgefTourist Residential. The 700
Building was among the buildings rezoned at that time. The L/TR zone district became
the Lodge (L) zone district in 2005, changing the zoning designation for the entire Aspen
Alps complex to Lodge (L).
Ordinance 28, Series of 2001 also placed a PUD overlay on the Aspen Alps. There were
several reasons that this was done. First of all, the Aspen Alps is an important
component of Aspen's tourist accommodations inventory at the base of Aspen Mountain
that dates back to the 1960's. The City concluded that having a PUD overlay on the
property would be an effective way to ensure that any significant development or re-
development at the Aspen Alps would require an overall plan for the property, or at least
for individual buildings within the complex.
Second, the City and the applicant recognized that because the Aspen Alps was
developed under a very different set of land use regulations than existed at the time of the
rezoning, it was quite unlikely that all of the development within the complex would
comply with all of the standards of the L/TR (now L) zone district. Therefore, the PUD
designation was applied to the complex to provide some flexibility in how the zone district
standards would be applied so that the units in the complex could be modernized over
time to remain vital elements of the accommodations inventory. In fact, since that time
several units within the complex have obtained insubstantial PUD amendments to permit
them to be upgraded or to otherwise change their configuration.
The 700 Building
The 700 Building was the next to the last of the original Aspen Alps buildings to be
established. The building is located at the top of Aspen Alps Road and has frontage
along the Little Nell ski run. There are 11 condominium units in the building, numbered
700 through 710. The units are located on three floors (garden level, first floor and
second floor).
The First Supplement to the Condominium Map of Aspen Alps South (Book 3 at Page
374) illustrates the floor plan of the 700 building. It shows that Unit 701 is located on the
garden level and first floor of the building only. Space A is situated adjacent to Unit 701
on the garden level only.
Mr. Drew Alexander
June 21, 2010
Page Four
The first supplement also illustrates that Unit 702 was the mirror image of Unit 701. It too
had a general common element situated adjacent to it on the garden level. That space
was a linen closet. In 2005 the City approved the second supplement to the
condominium map to allow the owner of Unit 702 to combine the linen closet with his unit.
This amendment is recorded in Plat Book 72 @ Page 64 of the Pitkin County records and
permitted the owner to install a door connecting the two spaces. The owner of Unit 701
seeks to accomplish the same type of connection to combine his unit with Space A.
Compliance With Review Standards
Section 26.445.100 of the Code authorizes amendments to PUD's. It provides for
"insubstantial amendments" and "other amendments" (a/k/a, substantial amendments).
An insubstantial amendment is a minor change that has no effect on the conditions and
representations made on the final development plan. An insubstantial amendment may
be authorized administratively if it meets 9 specified thresholds (see Sec. 26.445.100 A).
The proposed amendment to the PUD would comply with 8 of the 9 thresholds for what
constitutes an insubstantial amendment. However, staff has informed the applicant that
the proposal does not comply with threshold 9, which states that any change which
requires a variation to be granted from the project's use or dimensional requirements
cannot be considered to be an insubstantial amendment.
The subject application requires a variation to be granted because Unit 701 exceeds the
maximum unit size limitation in the Lodge zone district (the unit is currently approximately
2,250 sq. ft. in size and the maximum unit size limit is 1,500 sq. ft.). Connecting Space A
to this unit would further exceed this limitation. Therefore, staff advised the applicant that
this amendment would need to be processed pursuant to the standards for substantial
amendments. The applicant hereby requests that this single variation be granted as part
of this substantial PUD amendment. As explained above, when the Aspen Alps was
designated with a PUD in 2001 it was recognized that such variations would be needed
from time to time for units or buildings within the complex.
Section 26.445.100 states that substantial amendments are those which are consistent
with or an enhancement of the approved final PUD development plan but do not meet
one or more of the established thresholds for an insubstantial amendment. Such
amendments require review by the Planning and Zoning Commission at a public hearing.
There is not an "approved final development plan" for the 700 Building, since it was
developed more than 40 years ago and has not been re- developed since the PUD
designation was applied to the property. Therefore, Section 26.445.100 C. of the Code
considers a survey of the existing conditions to be the approved final development plan.
The applicant has provided drawings showing the existing conditions in the 700 building,
and for Unit 701 and Space A to represent the approved development for this project.
Mr. Drew Alexander
June 21, 2010
Page Five
There are several reasons why this amendment would be an enhancement of the existing
conditions on the site. First, because Space A was built many years ago and has not
been consistently upgraded, it does not appear to comply with current health and safety
code standards for such units. As it is presently configured, the only emergency egress
from the unit is through the front door. The unit does not have a second form of exit.
Instead, it has a single window, which is quite small and is located above the sink in the
kitchen. As a condition of obtaining approval of this amendment, the applicant
hereby agrees to work with the Chief Building Official and the Fire Marshal to
create a legal second egress from the unit and to comply with other applicable life
and safety code provisions in the remodel of this space. This second egress is likely
to be accomplished as a window well design in this garden level unit
Second, the Homeowner's Association supports this application and sees it as an
enhancement of the building because Space A is an outdated part of the Aspen Alps
which has not been modernized to the standards of the remainder of the complex.
Combining Space A with Unit 701 will ensure that it will be modernized and maintained at
the same level of quality as the other units in this building.
Finally, the amendment will allow for the more frequent occupancy of Space A than has
been the case in the past. Historically Space A has only been occupied intermittently by
the current owner and his family. When Space A is combined with Unit 701 it will be
occupied more regularly by the applicant and his family. There will also be a greater
opportunity for the unit to be rented to visitors as part of the Aspen Alps rental pool. In
effect, there will be an increase in the amount of visitor accommodation space in the 700
Building Aspen Alps without building any new units and without expanding the existing
square footage of the building.
Conclusion
In summary, we have submitted all of the materials requested at the pre - application
conference. We have responded to the applicable standards of the Aspen Land Use
Code and have demonstrated the project's compliance with said standards. Please feel
free to contact me if there is anything else you require to process this application.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
EXHIBITS
EXHIBIT #1
at n tt
WARRANTY IW")
2001 r bet ae+n
'1'1113IffiRU, Axh o^ this day of �c s ober 15. �_.----- �-- - "'
NGIC ONE STOP HOLOING6, LLC
cotmtY of - - - --- old stay of rI9C0N 9IN
[he Grantdr( ). -.4 of tnc
THE DOV RRIDMAN LIVING TRUST
L05 ANGELRS, CA 9� he Gram oe(9 ):
anosr 1e9a1 address
is t 4E2 CAALLTf AN R0� n stolr n - f �JkLi�?
of the $ �— 1, 950, 000.0 )
/er and in cornidel.111 Of the 'Im Of ( In1LLARS
Wll'NF.33, that the Grantor(p, ar
... One Million Nine Ntuldred Pi ELy TUovae nda ynd t d0 /ti D Seloed rot, and conv "red and by these
ackr,.0 -t ,t ire lard ... one frrtvo r, nll tbt
I t. rc,011 and sofflciercY of which To hereb .nfirn nto the 4rante "b). his tWt TY of
Area enu dms prnnt, bnrpai n, -'It, i , I nnY, ei mnty, Lying eM being in the �----
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S HED RRRfiTO AND MADE A PART RRRROF
BN EXHIBIT "A" ATTACHED
elro knotm as /[reel rgdet 700 OTC AVENUE, UNIT 701 ASPEN CO OL511 toinhN
TOGRTIIF.k with all and sinyubr and hm editanents and sAlur tenarrces they eta brl thereof or in All h e A apptr
dl Mnrs, .to ts, Issurs nrd Prof ilV thereat; and ell the ee[a10. right
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, of, in ha Abeve bargained
end the interest, Id and d l M remeinder nntd I rRlto the Granteel•).
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egainit all aM every person or Per t Iaw1u11Y el 1 In the who e
Iht SnMOr(a) shall and will MMFAFL AND (dNVEA DEfENO the nbove her the glut al the slnpuUr, aM the use of airy perder
poaarnnion nl the Grantee( -), his heirs errd ,t + N¢lutle the Pl wal, and
Or any n, thereof. the sin9ule totter alt
shall be apppplitatela to al( amdera. aoMed this deed tm the tlnce a t inr tk +bows.
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pat •,t.%.jSad.bdf l to -thill d-Y-et
. _ .eaNr;-
- - 4. Descrrlr.on� u Condn Un
- - trust deed, or other instrumeu
by its unit ticsgna tion and building -;�`
-
EXHIBIT #2 South" according to the First. Suppl
.. _ the Condominium Declaration for
r 189 and Amendment t h ereto, and P i
page t' (Recording iuG
of ded).. Every such description sb $ sr
sell, Convey, transfer, encumber
lire general emwmon elements and tire' limited common e, ...
appurtenant thereto, Each such .description shall be construed to include a non-
exclusive easement for ingress and egress to the unit, use of all of the general
cot
elemeuts..exclusive rise of the limited commot elements, and use of
m
silt non- eexclusive casements. -
5; Reserva tion to Eniar9c. Declarant, for himself, his successors and assigns,
.reserves the .right to enlarge this condominium project as is provided in para
- graph 32 of the Condominium Declaration ' for Aspen .Alps Son
th!
6. Ja;e A • The space depicter] and identified on cite First Supplement to Map
of Aspen Alps South as Space A is - a - general) common element,. and Declarant
- s-.-� reserves a perpettialcxchisive easement and right to use thereof subject to ter-
' initiation of such casculent acid right to use as provided herein. There shall be
uo'assessanent a g a i n st Space A nor agadnstthe owner bf such casement for
'conunon expenses, assessments or real estate taxes;. provided, however, -suet+
owner shall have the duty to maintain the interior of Space A according to the
provisions of paragraph 16 of the recorded Declaration as if such space were a
unit. Meteredclectricity to _Space A.shall be paid by the o o f such eas ement.
'Fire owner of this Space A casement shall not be bound by the provisions of para
graph 25 of the recorded Declaration and shall not have any voting rights. under
.lire provisions of the recorded Declaration. In the event of destruction of Building -`
700 slid it the building - isnot reconstructed, as is provided in subparagraph (c) of
paragraph 28 of Lite recorded Declaration, or in the event the property is sold
under the provisions of subparn g ra tilt (e) of paragraph 28 of the recorded Declara-
tion, such casement and all rights and interests appurtenant thereto shall :expire
cease, end and terminate upon tilt' recording of the notice . by the Association as
- is provided in said subparagraph (c) or (e), and the owner thereof shall not be
h'termination. This easement and all rights
entitled to any compensation for suc
amt interests appurtenant thereto shall be terminated and shall expire, cease
and end i in life event the owner thereof pledges, encumbers or
mortgages such casement interest, or in the event such casement interest be-
cones tine subject of a Or attachment of any kind. Any such lien or en-
c umbrances against this ensemeot shall be unenforceable, and upon the filing for
record of a notice of i a s e l lon of this Space A casement by the President "
lire hoard of Managers o f Li Association, such lien or encumbrance shall it
be.terminated for all purposes indifding title purposes.
Every decd or other instrument of conveyance, lease or w ill may legally
describe such space as "A pe. rpetual., exclusive casem and right to use.. Of
Space A. Building 700, Aspen Alps South, according to the First Supplement to
Map of Aspen Alps South; ;Line Goudominium Declaration for Aspen Alps South
recorded inliook 217, page 189, and First Supplement to Condominium Decla-
ration for Aspen Alps South recorded in Book _, Pu ". (Recording
infornnation to be Inserted in blank spaces provided). .Evt'ry such description
shall be deemed good and - sufficient for all purposes to convey and transfer and
devise said , iiltm -cst, and ea ch such description shall be construed to include a
_ non- exclusive casement -for ingress and egress to and from such space, for use
of lire general common elements, including parking and storage.
7. Parking and S torage Areas. All condominium unit owners and the owner of
Space A eascu+ent sbail Lave a co -equal right to use of the parking areas or
facilities and the slora re areas; provided,. however, lbat management and control
vested in a committee comprised of two or
of sues areas and facilities shall be
EXHIBIT #3
Mr. Drew Alexander, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: PUD AMENDMENT /CONDOMINIUM MAP AMENDMENT FOR ASPEN ALPS
SOUTH
Dear Mr. Alexander,
I am the owner of Unit 701 of the Aspen Alps South Condominiums (a/k/a the 700 Building
at the Aspen Alps). I am currently in negotiations to purchase an adjacent area of the
building, known as Space A of the Aspen Alps South Condominiums. I hereby authorize
Alan Richman Planning Services to act as my designated representative with respect to
the land use application being submitted to your office for a PUD amendment and
amendment to the condominium map for these condominium units. Mr. Richman is
authorized to submit this land use application on my behalf. He is also authorized to
represent me in meetings with staff and the applicable decision - making bodies.
Should you have any need to contact me during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the land use application.
Sincerely, /
CQ.i IVY
v Seidman, Trustee
Dov Seidman Living Trust
466 Halvern Drive
Los Angeles, CA 90049
EXHIBIT #4
Mr. Drew Alexander, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN ALPS SOUTH PUD AMENDMENT /CONDOMINIUM MAP AMENDMENT
Dear Mr. Alexander,
I am the owner of the perpetual, exclusive easement and right to use Space A of the
Aspen Alps South Condominiums that is established in the Condominium Declarations
recorded in Plat Book 217 at Page 189 of the Pitkin County records. I have held
discussions with Mr. Dov Seidman, the owner of Unit 701, about conveying the ownership
of this easement to him. Considering these discussions, I hereby agree that Mr. Seidman
may submit an application to the City of Aspen to amend the Condominium Map for Aspen
Alps South to combine Space A with Unit 701.
Should you have any need to contact me during the course of your review of this
application, please do so at the address and telephone number below.
Sincerely,
Mrs. Marianne Martin AN
2752 La Strada Grande Hts.
Colorado Spgs., CO 80906
EXHIBIT #5
0 4 ) ��
Aspen Alps
Mr. Drew Alexander, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN ALPS SOUTH PUD AMENDMENT /CONDOMINIUM MAP AMENDMENT
Dear Drew,
Space A is a general common element of the Aspen Alps South Condominiums. Space A
is depicted on the First Supplement to Condominium Map of the Aspen Alps South,
recorded in Plat Book 3 at Page 373 of the Pitkin County Records. It is also described in
the Aspen Alps South Condominium Declarations recorded in Book 217 at Page 189 of
the Pitkin County records.
Since Space A is a general common element, the space is owned by the Aspen Alps
South Homeowners Association. The Association has held discussions with Mr. Dov
Seidman, the owner of Unit 701, about transferring ownership of Space A to him.
Considering these discussions, the Association hereby agrees that Mr. Seidman may
submit an application to the City of Aspen to amend the Condominium Map for Aspen Alps
South to combine Space A with Unit 701 via an internal doorway. Unit 701 and Space A
would retain their separate outside entrances.
Should you have any need to contact me during the course of your review of this
application, please feel free to do so.
700 Ute Avenue, Aspen, Colorado 81611
(800) 228 -7820 Fax (970) 920 -2528 Info @aspenalps.com www.aspenalps.com
Recipient of the 2005 and 2006 Greentree Award far Environmental Stewardship, Aspen ZGREEN Business
EXHIBIT #6
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 429 -2739 DATE: 5.18.10
PROJECT: Aspen Alps PUD Amendment, Unit 701 and Space A
REPRESENTATIVE: Alan Richman 925 -1125
APPLICANT: Dov Sideman
LAND USE REQUEST: Substantial PUD Amendment, Condominium Map Amendment
DESCRIPTION:
The Applicant would like to purchase what is identified on the First Supplement Map of Aspen Alps South as
Space A. After purchase, the Applicant has proposed to add Space A to Unit 701 of the Aspen Alps, a unit
which he currently owns. Space A is adjacent to Unit 701 and would become part of the condominium. The
added area would be accessed through the hall at the garden level of Unit 701 and there would be an internal
door connecting the units.
Space A is a general common element with a perpetual exclusive easement and right to use. An amendment
to the PUD would be required to enable the connection of Space A to Unit 701 and to allow for the
development of a larger unit. This would be considered a Substantial PUD Amendment because the
proposed unit size exceeds the maximum multi - family residential dwelling unit size of 1,500 square feet. The
Current size of Unit 701 is 2,250 sq. ft. Therefore, the applicant needs to vary this dimensional standard to
accomplish the project.
This review would include a public hearing before the Planning and Zoning Commission. Public noticing is
required. Staff recommends the Applicant discuss the proposal with a plans examiner at the Building
Department due to required compliance with current Building and Fire Codes.
If approved, the Applicant will be required to file a Condominium Map Amendment to memorialize the unit
change. If the timing is convenient and the case file is still active in the Com Dev, Staff will be able to review
this amended plat at an hourly rate ($245). However, if an extended timeframe elapses after approval by
Planning and Zoning, and the billing cycle is closed, the Applicant will need to open a new case file. Found
below are links to the City of Aspen Land Use Application and Land Use Code for your convenience.
Application:
http7//www.aspenpitkin.com/Portals/O/docs/City/Comdev/A Ps%20and%20Fees/Iand
pdf
Code:
http: //www aspenpitkin com/ Departments / Community- Development/Planning and Zon ing/Title -26-
Land - Use -Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.100(B) Substantial PUD Amendment
26.445.030(C) PUD — Procedures for Review (specifically step three)
26.480.090 Condominiumization
Review by: - Staff for complete application
- Staff for application recommendation to Planning and Zoning
- Planning and Zoning Commission for Substantial PUD Amendment
Public Notice: Required
Planning Fees: $1,470 Deposit for 6 hours of staff time (additional planning hours over deposit
amount are billed at a rate of $245/hour). If the Condo Map Amendment is
submitted prior to the case being closed, Staff shall review this administratively
and at the hourly rate of $245. If the case is close prior to action being taken on
the map amendment, the Applicant will be required to pay $735 for a new
administrative review.
Total Deposit: $1,470
To apply, submit the following information:
Substantial PUD Amendment:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. A signed fee agreement.
5. A Pre - Application Conference Summary.
6. A letter signed by the applicant, with the 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.
7. 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.
8. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen.
9. Existing and proposed site plan (also specifically showing the proposed interior layout after the
conversion of spaces).
10. A written description of the proposal and an explanation of how the proposed development
complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed. Please provide a written response to all applicable
criteria.
11. 9 Copies of the complete application packet and maps.
Condominium Map Amendment
1. Completed Land Use Application Form.
2. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar.
Sheet size shall be 24'x 36" with an unencumbered margin of one and a half inches on the left
hand side of the sheet and a one -half inch margin around the other three sides of the sheet.
3. 2 Copies of the complete application packet and maps
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based
on current zoning, which is subject to change in the future, and upon factual representations that may or
may not be accurate. The summary does not create a legal or vested right.
EXHIBIT #7
ORDINANCE NO. 28, (SERIES OF 2001)
AN INANCE OF THE ASPEN CITY COUNCIL APp120'VING A PIi0.1'EC'T'
PRESENTED BY THE ASPEl4 ` ALPS "CONDCSWAS''S'6Z, FbR A
CONSOLIDATED PLANNED UNIT DEVELOPMENT REZONING;
SUBDIVISION AMENDMENT WTiff SUN "' VNM1�`7*Q1�701'A
SYSTEM EXEMPTION FOR EOT'39 OF MOSES LO T SPLIT AND'A ,
REZONING OF THE LANDS MCTTINCI C I) WT 2B, THE 100, 400, ANI)
700 BUILDINGS OF THE ASPEN ALPS; AND SUkROUNDINGY;ANDS O_ W ftD
BY THE ASPEN ALPS CONDOMINIUM ASSOCTATTON;''VC'TiICA"
CURRENTLY ZONED EITHER R -15 PUD OR CONSERVATION TO LODGE 7
TOURIST RESII)ENTIAL PUD (L/TR PUD)T1TE'A"SftN'ALl'�
CONDOMINIUMS, CITY OF ASPEN, PITxIN COUNTY, CbtORADO:
Parcel ID: 2737 - 182 -56 -004
WHEREAS, the Community Development Department received an application
from the Aspen Alps Condominium Association (Applicant), represented by Alan
Richman, requesting land use approvals for a consolidated planned unit development,
rezoning, subdivision amendment, and growth management quota system exemption for
the construction of 3 employee- housing units and a two level sub -grade parking garage.
The property on which the construction is proposed to occur is described as Lot 2B of the
Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps
Condominiums; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire,
Streets, Housing, Environmental Health, Parks, and Water Departments; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval for the proposed land use requests for Lot 2B of the Moses Lot
Split including a consolidated planned unit development, subdivision amendment,
rezoning for the lands which include. Lot 2B, the 300, 400, and 700 buildings of the
Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association,
which are currently zoned. either R -15 PUD or Conservation to Lodge / Tourist
Residential PUD (ITTR/PUD)from R -15 PUD to UTR PUD, and GMQS Exemption; and
WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
recommendation of approval, by an unanimous vote of six to zero (6 — 0), to the Planning
and Zoning Commission to approve the proposed three affordable housing units for the
employees of the Aspen Alps Condominium Association; and
WHEREAS, the City of Aspen Planning and Zoning Commission forwarded a
recommendation of approval, by an unanimous vote of five to zero (5 — 0), to the City
Council to approve the consolidated planned unit development, subdivision amendment,
rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the
Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association,
which are currently zoned either R -15 PUD or Conservation to Lodge / Tourist
Residential PUD (IJTR/PUD)from R -15 PUD to UTR PUD, and GMQS Exemption; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the City of Aspen / Pitkin County Housing
Authority, the Aspen Planning and Zoning Commission, the Community Development
Director, the applicable referral agencies, and has taken and considered public comment at a
duly noticed public hearing on August 27, 2001; and,
WHEREAS, the Aspen City Council acknowledged Ordinance 31, Series 1992,
which placed certain conditions on the future development of Lot 2B including:
a. The floor area, bedroom and density attributed to Lots 2A and 2B shall not
be utilized by the Aspen Alps Condominium Unit Owners for purposes of
increasing the floor area, bedroom number or density of existing or future
Aspen Alps Condominium Units;
b. No further development or additional lot area for floor area, bedrooms and
additional density or major new ' recreational facilities such as tennis courts
and swimming pools shall occur on said Lots 2A and 2B.
And after reviewing the proposal for the addition of three Affordable Housing units on
Lot 2B, as part of this development, is in the best interests of the City of Aspen to modify
Ordinance 31, Series 1992 regarding the addition of the three Affordable Housing units
on specifically on Lot 2B; and,
WHEREAS, Ordinance 28, Series 2001 shall effectively modify Ordinance 31,
Series 1992, which placed certain conditions on the future development of Lots 2A and 2B
and shall only apply to Lot 2B; and,
WHEREAS, the City of Aspen City Council finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council, by a vote of five to zero (5 — 0), hereby
approves a consolidated planned unit development, rezoning for the lands which include
Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned
by the Aspen Alps Condominium Association to L/TR PUD, the subdivision amendment,
and growth management quota system exemptions for the construction of 3 employee -
housing units and a two level sub -grade parking garage on Lot 2B of the Moses Lot Split,
City of Aspen; and,
WHEREAS, the City of Aspen City Council finds that this Resolution finthers and
is necessary for the promotion of public health, safety, and welfare.
III�III 4 2M' it:5=r
- -.._ R 33.00 D 0.00
NOW, THEREFORE, BE ff ORDAINED BY TIM ASPEN CITY C6U''NC_W AS.. ._
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth. in Title 26 of the Aspen Municipal Code,
the request for a consolidated planned unit development, rezoning, subdivision amendment,
and growth management quota system exemption, are approved for the construction of 3
employee- housing units and a two level sub -grade parking garage located on Lot 2B; the
300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen
Alps Condominium Association, which are currently zoned either R -15 PUD or
Conservation to Lodge I Tourist Residential are hereby rezoned to LYTR PUD, City of
Aspen with the following conditions:
1) That the Applicant shall provide full accessibility to the tennis courts located on
top of the garage and that all bathrooms and office and laundry rooms require full
accessibility as required by the City of Aspen Building Department;
2) That the Applicant shall designate specific parking spaces in the garage for the
deed - restricted affordable housing units;
3) That the Applicant shall submit the following plans to the Engineering
Department for approval prior to application for building permit:
➢ Construction Traffic Maintenance Plan
➢ Construction Erosion Control Plan
➢ Drainage and Dewatering Mitigation Plan
➢ Noise and Dust Control Plan
➢ Soils report
➢ Full set of construction plans
4) That the Applicant shall, prior to excavation, conduct two bores on the Southeast
and Southwest comers of the proposed parking garage to determine the level of
groundwater. If groundwater is encountered within the proposed excavation, a
plan detailing how it will be diverted to the nearby mine drainage ditch is to be
submitted to the City of Aspen Water Department for approval;
5) The Applicant shall agree that if seasonal water, groundwater, or dampness is
encountered during excavation, the applicant will need to employ extra measures
to make sure the proposed affordable housing units do not have mold or mildew
problems. The Applicant shall agree to consult an engineer if this is the case;
6) That the Applicant shall conform to the approved dimensional requirement s for
Lot 2B as stated in Table 1 below:
IIIIIIIIIIIINIIIIIl II�IIIIIIINNIIIIIIININhIIIIIIII 6� 66
SILVZA 211 :51r
0 0.00
Table 1. Dimensional Requirements Comparison
(units measured in feet or square feet)
8) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the
Environmental Health Department prior to the application of building permits. In
addition, the Applicant is aware that there are no special regulations pertaining to
movement of mine tailings in any area of the County or City of Aspen except
those within the Smuggler Mountain Superfund Site boundary. However, these
soils may contain more lead or other heavy metals than other dirt in the area, and
nearby neighbors have already expressed concern to the applicants. Therefore, the
Applicant shall require their contractor to keep all mine - related soils damp at all
times as a dust suppression measure to prohibit the release of particulates into the
air. The Applicant shall contact the Pitkin County Solid Waste Center to
determine whether these soils can be taken to the landfill. If not, the Applicant
shall contact this office before moving soils off the site. The Applicant shall
consult with the Environmental Health Department once they have soils test
IINI�I�I�I IIIIIIIIIIilll �lll �lilllllllilllllillllll /08 66
= 11:$,4
0 0.
7) That the Applicant shall be required by the City of Aspen Environmental Health
Department to have the Aspen Alps management notify its contractors about City
ordinances prohibiting vehicle idling for more than five minutes, and not starting
construction work before 7 am;
results. Finally, the Applicant shall maintain constant dialogue with the
Environmental Health Department and include them as a monitor during the
excavation of the soils for the project.
9) That the Applicant shall be aware that the Director of the Environmental Health
Department my require any person undertaking to conduct activity or
development within the site to test any soil or material to establish it's total lead
(Pb) content. All testing shall utilize and adhere to protocols established or
approved by the United States Environmental Protection Agency (pursuant to
Ordinance 25, Series 1994).
10)That the Applicant agrees to provide the Aspen Parks Department with an
excavation plan that indicates how the proposed excavation will take place for the
project;
11) That the Applicant shall provide the City Parks Department with an excavation
and landscaping plan for their approval prior to the application of building
permits that includes protection techniques to be employed in the areas marked
"trees to be saved if possible" on the current landscape plan. If the spruce trees on
the adjacent property directly to the south (along the fence) that are not marked on
the site plan are damaged during excavation, the Applicant agrees to replace all
the trees damaged at the Applicant's expense;
12) That the Applicant shall file an appropriate deed restriction agreed to by the City
of Aspen Attorney with the City of Aspen / Pitkin County Housing Authority
prior to the issuance of building permits and the Applicant shall conduct a site
visit and tour of the three employee units with the City of Aspen / Pitkin County
Housing Authority Staff prior to the Certification of Occupancy;
13) That the Applicant shall draft a modified subdivision agreement that shall include
the decision by City Council to amend the current restrictions associated with Lot
2B of the Moses Lot Split and the subject of this application and present it to the
City of Aspen Attorney for approval and shall have this document recorded with
the Pitkin County Clerk and recorders office;
14) That the Applicant understands that the existing restrictions on Lots 2A and 2B
continue after the rezoning occurs. The Applicant agrees the deed restrictions will
not be dissolved by the rezoning;
15) That the Applicant amends the plan to provide better access from the employee
units to the parking spaces in the garage. Specifically, the Applicant shall add a
garage access door from the walk around patio in front of the employee units to
the top level of the garage where space 41 is currently proposed. Parking spaces
for the employee units shall be required to be dedicated as close to that access
door as possible;
I IIIIII INII IIII� IIII IIIIIII IIIII IIIII II III IIII INI 0�e z�s it :52
SILVIR DRVIS PITKIN COUNTY CO R 35.00 0 0.00
16) That the Applicant utilize a color treatment such as earth tones for the employee
units so that they are effectively blended into the hillside;
17) That the Applicant shall not operate a dry cleaning service in'the laundry facility
proposed in the sub -grade garage;
18) That no night time lighting be installed for the tennis courts located above the
sub -grade garage;
19) That the Applicant agrees that only Aspen Alps associated vehicles be permitted
to use the garage. Specifically, those would be vehicles of the unit owners,
visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps
fleet vehicles; and
20) That the Applicant has agreed to begin and conduct the excavation for the project
only between October 1 and May 30 of the year(s) of construction of the project;
21)That the Applicant agrees to file for recordation a Final Plat / Plan PUD /
Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's
Office within 180 days of approval by the City Council indicating all current
improvements and conditions of approval for the entire Aspen Alps property as
described herein;
22)The Applicant shall convey an undivided fractional interest (one tenth of 0.01%)
in the ownership of deed restricted affordable housing units to the Aspen/Pitkin
County Housing Authority for the purposes of complying with the recent
Colorado Supreme Court Decision regarding rent control legislation. The
Applicant may submit an alternative option to satisfy the rent control issue
acceptable to the City Attorney.
23) The Applicant shall indemnify and hold harmless the Aspen/Pitkin County
Housing Authority and City of Aspen from any claims, liability, fees or similar
charges related to ownership of the deed restricted affordable housing units.
Section 2-
The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the
Community Development Director to reflect rezoning of the lands which include Lot 2B,
the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the
Aspen Alps Condominium Association, which are currently zoned either R -15 PUD or
Conservation to Lodge / Tourist Residential PUD (L/TR/PUD).
Section 3•
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission, or City Council, are hereby
463766
I IIICI IS I111 1111 (2;0800.0 ®1
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity. -
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and conclude d under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBMIMI) as provided "b'y - law, by die City
Wiii I of the City of Aspen on this 23" day of July, 2001.
Attest:
laifiiya.S. ch, City Clerk Iliiedi6lin )qa��d, Mayor_
Y, adopted, passed and approved this 27 Day of August, 2001.
II II III�II IINII�IIIIII 8p 6 2 11:51F
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