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HomeMy WebLinkAboutcoa.lu.co.520 W Main St.A072-00 CASE NUMBER A072 -00 PARCEL ID # 2735- 124 -43005 CASE NAME UIIr Lodge Condominiumization PROJECT ADDRESS 520 W. Main PLANNER James Lindt CASE TYPE Condominiumization OWNER/APPLICANT Carbondale Affordable Housing Corporation REPRESENTATIVE Katie Updike DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Plat Signed and Recor BOA ACTION DATE CLOSED 8/18/00 BY J. Lindt Applicant's Responses to Chapter 26.480.050 Review Standards for Subdivision A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. APPLICANT'S RESPONSE: The Aspen Community Plan supports the provision of employee housing within the Aspen Metro Area. The Ul1r Lodge is not part of the Lodge Preservation District, however, consideration has been given to the removal of lodge units. In recent years the Ullr has been occupied at least 50% by longer term Aspen employees rather than lodge guests. For this reason the Applicant and the Housing Office considered that the preservation of the building and lodge as affordable housing was important and consistent with the Community Plan. No significant changes are being proposed to the building. No exterior additions are being proposed other than stair access consistent with the character of the building. The proposed development will have no impact on the future development of the surrounding area. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. APPLICANT'S RESPONSE: The Ullr is located at 520 West Main street. It is a flat site and is in the center of the Town's public facilities. This makes the Ullr an ideal site for affordable housing and in -fill development in general. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: L A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and /or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. APPLICANT'S RESPONSE: The Ullr is an existing building. No alterations are being made to its exterior design, its setbacks or its relationship to common utilities and infrastructure. The Applicant has reviewed all of the criteria under the Engineering Department Regulations in Section 26.580.020. None of these guidelines relate to the work proposed. D. Affordable housing_ A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. APPLICANT'S RESPONSE: The Ullr is being converted to a project which will be 100% affordable housing. The project was initiated under the sponsorship of the Aspen Pitkin County Housing Authority as a project that the private sector (employers) could undertake in order to help address the critical shortage of housing. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630 APPLICANT'S RESPONSE: There is no land available on the existing site for a land dedication. The Applicant is seeking the approval of the Aspen Public School District and the Council for a waiver of the school land dedication or fees, for the following reasons: • The Ullr is currently being used as housing - not strictly for short-term guests. • The Ullr will help alleviate the severe shortage of permanent housing in Aspen, a problem which the school district faces in housing its employees. • The School District can participate with the sponsoring employers and has been offered such a position. • The housing is composed of very small units. Given the nature of the configuration, it is less likely that the housing will be used by families with school children. Most of the units are most suitable for single adults, or adults sharing a unit with another adult. • Cash in -lieu payments will increase the substantial subsidies already being provided by the employers. There is no profit. MEMORANDUM To: James Lindt, Planner From: Ben Ludlow, Project Engineer��✓ Date: June 26, 2000 Re: ULLR Condo Plat 1. The vicinity map needs to be clearer. The word and arrow indicating the site and the site location need to be better shown. 2. The Trash Storage area is not shown on the plat. The Trash Storage shown is incorrect and is not identifying the area that is agreed upon by the City Engineering Department. It is correctly shown on the proposed PUD Plat but must also include the following statement: "Trash Storage Area as agreed upon by the Temporary Revocable Encroachment License Book_ Page_ " 3. The Legend refers to a Pentagon Shape that identifies parking space numbers. The parking space numbers are not shown on the plat. All parking spaces must be shown with correct number identification in reference to the dwelling unit. 4. The Parking Area must be noted as: "Parking Area as agreed upon by the Temporary Revocable Encroachment License Book _ Page_" MEMORANDUM TO: Plans were routed to those departments checked -off below: 19 / City Engineer O Zoning Officer O Housing Director O Parks Department O Aspen Fire Marshal O City Water O Aspen Consolidated Sanitation District O Building Department O Environmental Health O Electric Department O Holy Cross Electric O City Attorney O Streets Department O Historic Preservation Officer O Pitkin County Planning FROM: James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone - 920.5104 Fax - 920.5439 RE: Ullr Commons Condominiums, 520 W. Main St Parcel ID #2735- 124 -43 -005 DATE: June 13, 2000 COMMENTS: No DRC required unless Engineering requests it. Please return comments to me by June 27th. Thank You, James Lindt C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N $ a community development corporation serving the roaring fork valley June 8, 2000 Nick Lelack Planner - Community Development City of Aspen 130 South Galena Aspen, CO 81611 Dear Nick: Enclosed please find the Application for a condominiumization of the Ullr Commons employer sponsored housing. We have included all of the requested information from the Pre - Application Conference Summary, however, please let us know if any additional information is needed. This application is being submitted by: Carbondale Affordable Housing Corporation PO Box 2001 Carbondale, CO 81623 The property is owned by an affiliated non -profit development corporation: Ullr Commons Development Corporation c/o Mike Hoffman Attorney Freilich Myler Leitner & Carlisle 106 S. Mills Suite 202 Aspen, CO 81611 Our representative for this application is: Katie Updike Building Solutions LLC 8300 County Road #3 Marble, CO 81623 (970) 963 -9511 phone (970) 963 -9170 facsimile kupdike(a,roLnet email Thank you very much for the opportunity to help create another vehicle for affordable housing in Aspen through the sponsorship of area employers who have a parallel interest in the welfare of their employees. Wit rega is, Jay ea itt Jay ea itt Ka ie Updi e President Managing Partner Carbondale Affordable Housing Corporation Building Solutions LLC C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N a community development corporation serving the roaring fork valley Table of Contents I. Summary of the Project II. Responses to Land Use Code Regulations, Sections 26.480.090 and 26.304 III. Attachments Proof of Ownership — Title Report Vicinity Map Pre - Application Summary Memo Site Plan (under separate cover) Preliminary Condominium Plat (under separate cover) J C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N a community development corporation serving the roaring fork valley L SUMMARY OF THE PROJECT Carbondale Affordable Housing Corporation ( "CAHC "), a community housing development organization approved by the Colorado Division of Housing, has bought the Ullr Lodge, located at 520 West Main Street, from the current owner, and transferred ownership to Ullr Commons Development Corporation. CAHC requests approval from the City of Aspen to convert the building to a condominium form of ownership. The units will be owned by employers or their affiliates and rented as affordable housing with the exception of Unit #23 which is being sold in the free market. In order to accomplish the above, the Applicant requested rezoning through a Planned Unit Development (PUD) Overlay. The ordinance authorizing this PUD was approved March 28, 2000. Additionally the Applicant needed a special review for parking, Historic Preservation, and Growth Management Quota System for Affordable Housing. These approvals were solicited and obtained. The Applicant understands that the conversion to a condominium form of ownership can be accomplished administratively and is exempt from Subdivision Review (Section 26.88.030 Exemption 3). This application provides the requested information for such conversion. Attached to the application is a Preliminary Condominium Plat. Final measurements cannot be conducted until construction of two of the units is complete. All other data is included. The preliminary plat will be finalized and recorded with all requisite certificates. A condominium form of ownership was deemed to be the most practical and most appropriate form of ownership for the building and the program of employee housing. Employers have agreed to deed restrictions and a condominium declaration which provides for the financial and governance controls necessary to properly maintain and manage the building. The sponsors hope that the Ullr will serve as a model for future support of cooperatively sponsored affordable housing by the employer community, furthering the goals of the City and County of housing more of its workforce. The Applicant thanks the APCHA, the employers, the planning staff, and others who are helping create a new model for housing in Aspen. Material requested by Staff is included in this application. Please let us know if additional information is required. C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N a community development corporation serving the roaring fork valley III. Standards of Land Use Code A. Section 26.480.090 Condominiumization Preliminary Condominium Plat prepared to general specification is included with this application. Final Plat will be prepared and submitted upon completion of construction. B. 26.304 Development Review Procedures. Preapplication conference conducted. Summary memo is attached. Development application and fees are included. Two copies of the application are submitted. Ft's` JUN. 5. 2000 11:13AM PITKIN COUNTY TITLE 1 NO. 1724 P.2/3 FNT SCHEDULE A- OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT14306C3 April 7, 2000 @ 11:06 AM $4,050,000.00 1312 - 161542 1. NAME OF INSURED: ULLR COMMONS DEVELOPMENT CORPORATION, A COLORADO NON - PROFIT CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: ULLR COMMONS DEVELOPMENT CORPORATION, A COLORADO NON - PROFIT CORPORATION 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS K, L, M, N AND THE WEST ONE -HALF OF LOT 0, BLOCK 30, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 9251766/ (970) - 925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. sde jUN. 5. 2000 11:13AM PITKIN COUNTY TITLE NO. 1724 P. 3/3 SCHEDULE B- OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT14306C3 April 7, 2000 @ 11:06 AM 1312- 161542 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, anyifacts which a correct survey and inspection of the premises would disclose and which are not shown py the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter ffuurnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2000 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 356 & 357 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws ". 8. Mineral reservation as set forth in Deed recorded February 18, 1964 in Book 206 at Page 27. (Affects Lot N and the West one -half of Lot 0) 9. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded December 11, 1986 in Book 524 at Page 842. 10. Easements, rights of way and all matters as disclosed on Survey of subject property recorded February 25, 2000 in Plat Book 52 at Page 69. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen Planning and Zoning Commission recorded March 2, 2000 as Reception No. 441032 as Resolution No. 8 (Series of 2000). 12. Deed of Trust from : CARBONDALE AFFORDABLE HOUSING CORPORATION, A COLORADO NON - PROFIT CORPORATION To the Public Trustee of the County of Pitkin • For the use of : ALPINE BANK Original Amount : $4,000,000.00 Dated : April 7, 2000 Recorded : April 7, 2000 Reception No. 442064 13. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement from CARBONDALE AFFORDABLE HOUSING CORPORATION, A COLORADO CORPORATION, debtor to ALPINE BANK, secured party, Recorded April 7, 2000 as Reception No. 442065. EXCEPTIONS NUMBERED 1, 2, 3 AND 4 ARE HEREBY OMITTED. i.e..... n- Lra 7 „ 4 ,,, �s , i fss ,) !/L � • , 4 l ei .4 , • : ---_7,1 h /J r-- ; ,,,( „ 4/4 _ , ..„, 4. . —i h,..,,-, 1 - • 2 _ ` s sp�� w - j �_ % ____ - I • l el sil % l,�l cW d !F -- Ti f sm, / w 49,441 H - iiii 7 t I ry ; I ,/ // W W P 1 i ' - ,/ ■ 7/ ft. 1' C C - - s - _ j Sit o r —." / a : i l i , 1 1-- . L a t / I , I , 7 en i Ii.S Alt 8 111111H 47 f1 s i l 7•1t o - 3�ZS 41 1 411.1 = � a ,,,, ir... 6 "`3 21, Pi • .� /**---j/ i 7- m _...., k > • CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Nick Lelack, 920.5104 DATE: May 23, 2000 PROJECT: Ullr Commons REPRESENTATIVE: Katie Updike OWNER: Carbondale Affordable Housing Corporation TYPE OF APPLICATION: Subdivision exemption for Condominiumization DESCRIPTION: Condominiumization of existing platted land and house Land Use Code Section(s) 26.480.090 Condominiumization 26.304 Development Review Procedures Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. Public Hearing: No. Referral Agencies: Engineering Planning Fees: Planning Flat Fee $265 (Flat Fee) Referral Agency Fees: Engineering $170 Total Deposit: $435 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 5. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 6. Old (existing) plat if one exists. 7. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080 8. Copies of prior approvals (from City Clerk) 9. 2 Copies of the complete application packet (items 2 -8) Process: Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 2 -3 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Plat is then signed by City Engineer. Applicant records the final plat at the County Clerk and Recorder (fee). OgY 1111111111111111 443357 05/16/2000 09:40R RESOLUTI DAVIS SILVI 1 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR MINOR DEVELOPMENT TO REMODEL THE ULLR LODGE, 520 W. MAIN STREET. CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID# 2735 - 124 -43 -005 RESOLUTION NO. 7, SERIES OF 2000 WHEREAS, the applicant, Carbondale Affordable Housing Corporation, represented by Building Solutions, LLC and Bill Poss and Associates, request minor HPC approval for exterior alterations to the Ullr Lodge, 520 W. Main Street, Lots K, L, M, and the west half of Lot 0, Block 30, City and Townsite of Aspen. The property is located in the Main Street Historic District; and WHEREAS, all development in an "H," Historic Overlay District or development involving a historic landmark must meet all four Development Review Standards of Section 26.415.010.B.4 of the Aspen Land Use Code in order for HPC to grant approval, namely: 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard. side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units pursuant to Section 26.40.090(B)(2). 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof; and Oj 1 111111 11111 111111 11111 111 MIN RESOLUTI 111 111111 1111 1111 3 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO ATTEST: K Kathy Strickland, Chief Deputy Clerk Olt• ORDINANCE NO. 3 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ULLR LODGE CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVISION, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AFFORDABLE HOUSING, 520 WEST MAIN STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Carbondale Affordable Housing Corporation, .under contract to purchase the Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a Consolidated Planned Unit Development (PUD), Subdivision, and Growth Management Quota System Exemption for Affordable Housing to convert the lodge to a 27 -unit multi- family building, 26 of which will be deed restricted affordable housing units; and, WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic District; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional requirements of properties may be established through the PUD review process; and, WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use Code, the City Council may approve a Planned Unit Development, Subdivision, and Growth Management Quota System Exemption for Affordable Housing during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on February 9, 2000, the Historic Preservation Commission approved, by a seven to zero (7 -0) vote, the Ullr Lodge Minor Review; and, WHEREAS, during a duly noticed public hearing on February 15, 2000, the Planning and Zoning Commission recommended, by a six to zero (6 -0) vote, that the Aspen City Council approve the Ullr Lodge Consolidated Planned Unit Development (PUD), Subdivision, Special Review for Parking, with conditions contained herein; and, WHEREAS, during a duly noticed public hearing on March 15, 2000, the Aspen/Pitkin County Housing Board recommended, by a five to zero (5 -0) vote, that the Aspen City Council approve the Ullr Lodge Growth Management Quota System Exemption for Affordable Housing, with conditions contained herein; 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 a. A copy of the final Ordinance and recorded P &Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of- way. 5. There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom. 6. At Least one bathroom shall be provided for shared use by no more than four persons. 7. A kitchen facility or access to a common kitchen shall be provided. 8. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is fmalized, those fees shall be payable according to the agreement. 9. No excavation or storage of dirt or material shall occur within tree driplines. 10. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 11. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee units, a member of the Aspen/Pitkin County Housing Authority shall inspect the units to determine if the units comply with the representations made in the application. 13. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. • 22. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 23. No more than 27 on- street parking permits will be allowed for residents of the Project. The maximum monthly rent which may be charged to any tenant who does not own an automobile shall be 5% less than otherwise allowed by this approval. The homeowners association shall least the ten head -on spaces from the City for a total of $100 per month. Owner shall use its best efforts to encourage residents to forego automobile ownership through methods such as providing additional bike racks, communal ownership of vehicles, etc. 24. The applicant or owner shall utilize in the deed restriction for the Project the standard foreclosure clause found in the Aspen/Pitkin County Housing Authority (APCHA) sale unit deed restriction allowing a right of purchase in APCHA in the event of foreclosure and subsequent sale by the lender without further encumbrance by the deed restriction in the event the unit is not acquired by APCHA. Section 2: 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, Historic Preservation Commission, Housing Board, 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 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of February, 2000. RESOLUTION NO. 8 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF THE ULLR LODGE CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVSION, AND SPECIAL REVIEW FOR PARKING, 520 WEST MAIN STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Carbondale Affordable Housing Corporation, under contract to purchase the Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a Consolidated Planned Unit Development (PUD), Subdivision, Special Review for Parking, and Growth Management Quota System Exemption for Affordable Housing to convert the lodge to a 27 -unit multi - family building; and, WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic District; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional requirements of properties may be established through the PUD review process; and, WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use Code, the City Council may approve a Planned Unit Development, Subdivision, and Growth Management Quota System Exemption for Affordable Housing during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on February 15, 2000, the Planning and Zoning Commission recommended, by a six to zero (6 -0) vote, approval of the Ullr Lodge Consolidated Planned Unit Development, Subdivision, and Special Review for Parking, with conditions contained herein; 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, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission 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, 1 111111 11111 111111 11111 111111 111 1111111 111 11111 1111 1111 441032 03/02/2000 10:52A RESOLUTI DAVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO e. A completed curb, gutter, and sidewalk agreement. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of- way. 5. There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom. 6. At least one bathroom shall be provided for shared use by no more than four persons. 7. A kitchen facility or access to a common kitchen shall be provided. 8. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 9. No excavation or storage of dirt or material shall occur within tree driplines. 10. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 11. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee units, a member of the Aspen/Pitkin County Housing Authority shall inspect the units to determine if the units comply with the representations made in the application. 13. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 14. All improvements must meet the Uniform Code for Building Conservation (UCBC) standards. 15. The final deed restriction be brought to the Housing Board for final input and approval. 16. If encroachment is to continue on North Fifth Street, then an encroachment license must be applied for and approved. The only way that the City of Aspen Engineering Department will allow for an encroachment is if there is an improvement of the existing parking /sidewalk situation. This improvement has been agreed upon by the developer and Engineering Department as follows: I t)II !) IIII I"I 0 KIN COUNTY CO 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 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the Planning and Zoning Commission of the City of Aspen on the 15 day of February, 2000. APPROVED by the Commission at its regular meeting on February 15, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Ci Attorney Robert Blaich, Chair ATTEST: ckie Lothian, Deputy City Clerk C:\home\nickl\Active Cases \Ullr Lodge \ULLR Lodge PUD, Sub, parking2.doc 1111111 11111 111111 11111 111111 111 1111111 111 /11/11111 1111 441032 03/02/2000 10:52A RESOLUTI DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO ^/D MINOR PLANNED UNIT DEVELOPMENT APPLICATION For ULLR LODGE EMPLOYER SPONSORED AFFORDABLE HOUSING Prepared by: Katherine L. Updike Managing Partner Building Solutions, LLC On behalf of CARBONDALE AFFORDABLE HOUSING CORPORATION A COMMUNITY DEVELOPMENT CORPORATION SERVING THE ROARING FORK VALLEY January 2000 CARBONDALE AFFORDABLE HOUSING oOrRa4OtRAc vIO y a community development core r Ianuary 6, 2000 Christopher Bandon • Nick Wads Aspen&Pitkin Community Development 130 South Galena Street Aspen, CO 81611 -1975 Deer Chris and Nick: . Enclosed please find the Application for the Ullr Lodge conversion to employer sponsored employee housing We have included all of the requested information from the Pre- Application Conference, however, please let us know if there is any additional information that is needed. This application is being submitted by Carbondale Affordable Housing Corporation PO Box 2001 Carbondale, CO 81623 Our representative for this application is: Kula Updiilce Building Solutions LLC 8300 County Road #3 Marble, CO 81623 (970) 963 -9311 phone (970) 963 -9170 facsimile email Thank you very much for the opportunity to help create another vehicle for affordable housing in Aspen through the sponsorship of area employers who have a parallel interest In the welfare of their employees. With regards, cadet tr. Bay'' t ip Chairman g Mier Carbondale Affordable Housing Corporation Building Solutions LLC p-p. Box 2001, Ciabandals, CO 81623 Table of Contents I. Introduction II. Land Use Application III. Pre - Application Conference Summary IV. Responses to Land Use Code Regulations, Section 26.310.040 V. Review Standards for Special Review, Section 26.430.040 (Parking) VI. Criteria and Responses Minor PUD, Section 26.445.050 VII. Growth Management Quota System, Exemption for Affordable Housing, Section 26.470.110 26.470.070(J) VIII. Attachments 1. Signed Fee Agreement 2. Dimensional Requirements Form 3. Responses to Minimum Submission Requirements Title Report Vicinity Map Site Plan Site Improvement Survey (under separate cover) 4. Floor Plans for Areas Being Modified 5. Unit Summary of Upgrades Existing Floor Plan (reference for Attachment 4) • 6. Adjacent Property Owner List Ullr Lodge Minor PUD Application 1 January 6, 2000 I. INTRODUCTION Carbondale Affordable Housing Corporation ( "CAHC "), a community housing development organization approved by the Colorado Division of Housing, has contracted to buy the Ullr Lodge, located at 520 West Main Street, from the current owner. CAHC requests approval from the City of Aspen to convert the lodge to employer owned and operated affordable housing under a Minor Planned Unit Development. This program has been initiated by the Aspen Pitkin County Housing Authority as a possible private sector model for addressing affordable housing needs. The exterior of the Lodge and the Floor Area Ratio will be modified only slightly. The interior space will be upgraded for life safety code variances and certain units will be modified in order to more appropriately house permanent residents (e.g., consolidation of laundry facilities, conversion of office area to common space, upgrades to housekeeping units). The interior modifications will include a net increase of three units by conversion of a large `owners' apartment into four units. In order to accomplish the above, the Applicant requests rezoning to a Planned Unit Development (PUD) Overlay. Additionally the Applicant needs a special review approval for parking, Historic Preservation, and an exemption from the Growth Management Quota System for Affordable Housing. The Applicant understands that the conversion to a condominium form of ownership can be accomplished administratively and is exempt from Subdivision Review (Section 26.88.030 Exemption 3). The housing to be created has been sponsored in part by the Aspen Pitkin County Housing Authority (APCHA) through its advance of early predevelopment capital and through a loan for the earnest money. Sponsoring employers have now reserved units and the loan for the earnest money has been repaid. The sponsors hope that the Ullr will serve as a model for future support of cooperatively sponsored affordable housing by the employer community, furthering the goals of the City and County of housing more of its workforce. This project will be 100% affordable housing and will conform with various affordable housing deed restrictions as developed by the employers and the APCHA, even though no mitigation or subsidies are being used in the project. The resale of units will be governed by a 3% appreciation cap and will remain affordable for years to come. The management of the project will be the responsibility of the employer /owners. Rent subsidies and operating subsidies will be the responsibility of the employers, rather than the public sector. For this reason, the Applicant requests that this private initiative be awarded waiver of land use fees and other concessions as might be appropriate in the development of a project which will contribute to alleviating the severe shortage of affordable housing. The Applicant thanks the APCHA, the employers, the planning staff, and others who are helping create a new model for housing in Aspen. Material requested by Staff is included in this application. Please let us know if additional information is required. Ullr Lodge Minor PUD Application 2 January 6, 2000 II. LAND USE APPLICATION PROJECT: Name: Ullr Lodge PUD • Location: 520 West Main Street: Lots K, L, M. and the west one -half of Lot O, Block 30, City and Townsite of Aspen APPLICANT: Name: Carbondale Affordable Housing Corporation Address: PO Box 2001, Carbondale, CO 81623 Phone #: 963 -0380 REPRESENTATIVE: Name: Building Solutions, LLC c/o Katie Updike Address: 8300 County Road #3, Marble, CO 81623 Phone #: 963 -9511 TYPE OF APPLICATION: GMQS EXEMPTION FINAL PUD SUBDIVISION OR SUBDIVISION EXEMPTION (includes condominiumization) FINAL HISTORIC DISTRICT DEVT. EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Ullr Lodge is currently a 27 unit 14,730 square foot enclosed building being used partially as permanent housing and partially as a lodge. There are no known previous approvals. PROPOSAL: (description of proposed building, uses, modification, etc.) To convert the building to 30 employer sponsored affordable housing units within the approximately the same FAR as the existing building. FEES DUE: $2825 Have you attached the following? El Pre - Application Conference Summary (Section III) 0 Attachment #1,.Signed Fee Agreement H Response to Attachment #2, Dimensional Requirements Form (Attachment 2) H Response to Attachment #3, Minimum Submission Contents (Attachment 3) 0 Response to Attachment #4, Specific Submission Contents (Section IV) Q Response to Attachment #5, Review Standards for Your Application (Sections V, VI, VII) Ullr Lodge Minor PUD Application 3 January 6, 2000 III. Pre - Application Conference Summary UIIr Lodge Minor PUD Application 4 January 6, 2000 CITY OF ASPEN PRE- APPLICATION CONFERENCE SUMMARY' PLANNER: . Nick Lelack, 920 -5095 DATE: 12/8/99 PROJECT: Ullr Lodge Affordable Housing PUD REPRESENTATIVES: Katherine Updike, Building Solutions, on behalf of the Carbondale Affordable Housing Corporation Richard de Campo, Bill Poss and Associates, Architecture & Planning • OWNER: Ullr Lodge TYPE OF APPLICATION: Ullr Lodge Rezoning to Planned Unit Development (PUD) Overlay, PUD Review, Special Review for Parking, Subdivision for RMF (Residential Multi-Family), Historic Preservation Review, Growth Management Quota System for Affordable Housing DESCRIPTION: The Lodge currently has twenty -seven (27) units on a 13,439 square foot lot. The applicant is requesting to rezone the property to PUD Overlay to establish a PUD to convert existing lodge unit to employer sponsored affordable housing units. The proposal would require Historic Preservation review either by Historic Preservation Officer or by the Historic Preservation Commission. Land Use Code Section(s) to Address in Application: Section 26.304.030, Application and Fees; Section 26.310.020, Amendment to the Land Use Code Regulations and Official Zone District Map, Standards of Review; Section 26.410.040, Residential Design Standards; Chapter 26.415, Development in an "H" Historic Overlay District; Section 26.430, Review Standards for Special Review; Chapter 26.445, Planned Unit Development (PUD); Section 26.470.110, Growth Management Quota System (GMQS) Exemption, Affordable Housing; Section 26.480.050, Subdivision Review Standards; Section 26.610.04, Park Development Impact Fees; Section 26.630.040(C)(6), School Land Dedication Standards; and Section 26.710.180, Office (0) Zone District; Review by: Planning and Zoning Commission, City Council, and Historic Preservation Officer or Commission Public Hearing: Yes at Planning and Zoning Commission and at City Council, and possibly at Historic Preservation Commission. Referral Agencies (fees): Engineering ($160), Historic Preservation Officer, Zoning Officer, Housing ($160), Parks, Fire Marshall, Water, ACSD, Streets, Electric and Environmental Health ($160). Planning Deposit: $2,220 (12 hours; additional hours are billed at a rate of $195 per hour) Historic Preservation Flat Fee: $125 for Minor Development; $312 for Significant Development Total Deposit: $2,825 if Historic Preservation Minor Development; $3,012 if Historic Preservation Significant Development SUMMARY: The purpose of this project is to convert lodge units to affordable housing units, and to expand the number of units on the property from 27 to 30. Specifically, the new affordable housing units will be employer sponsored units, meaning that local employers will purchase the units and rent them to their employees. The proposal requires the creation of a Planned Unit Development to provide the applicant with flexibility to establish dimensional requirements, increase Floor Area, and more. It also requires review by the Historic Preservation Commission whether it is a minor development or significant development because the property is located in the City's Historic Overlay District. In addition, special review will be necessary to consider the parking issues related to this proposed development. The Special Review will be combined with the PUD review. The project is exempt from growth management scoring and competition because it is 100% affordable housing. * The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not, in any way, create a legal or vested right. i IV. Responses to Land Use Code Regulations , Section 26.310.040 A. The Application is not in conflict with the Title. B. The proposed PUD is consistent with the Aspen Area Community Plan. The PUD creates deed restricted housing for employees in Aspen. The PUD preserves the character of the exterior of the building. At least half of the lodge was being used for housing (as opposed to visiting lodge use), therefore, the reduction in lodge units is minimal. The PUD preserves this housing. The PUD keeps housing in the central area of Aspen and is on public transit routes. C. The proposed PUD is compatible with surrounding zone districts which are both office and residential. The character of the property use changes very little from its present and long term use. D. The PUD should have no adverse affect on traffic generation and road safety. All of the employers are in close proximity to the site and employees should generally be able to walk or take public transport to work. It is possible that the PUD will actually decrease car traffic given the fact that fewer units will be used for tourist visits. Additionally several employers who have identified specific candidates for the housing estimated that 2 /3rds of the units will be rented to individuals who currently commute from down- valley locations. E. The increase in three units could increase minimally the use of transit, sewage, water, parks, and other facilities, however, the unit being divided has been rented as shared apartment space in recent years. This means that multiple unrelated individuals have shared the 1900 square feet proposed for increase to 4 units (net increase of three). While difficult to calculate, the increase in usage of public facilities may be negligible. F. There are no known adverse impacts on the natural environment. G. The PUD is fully consistent with the community character of the City of Aspen and will help in creating a largely private alternative solution, through the sponsorship of local employers, to the public subsidy of affordable housing. H. The lodge has increasingly been used for housing employees in recent years. This PUD formalizes a transition that has been taking place in order to fill the severe shortage of housing in Aspen. I. The PUD is dedicated toward fulfilling the public interest. The public has a strong interest in having local employees within the City. This project actively promotes that goal. Ullr Lodge Minor PUD Application 5 January 6, 2000 Residential Design Standards, Section 26.410.040 There are no changes proposed to the over -all exterior dimensions of the building. The limited changes to the exterior are being reviewed under a one step minor review process for the Historic Overlay District with Historic Preservation Council. A brief overview of the resdiential design standards follow: A. Building orientation faces Main Street and is parallel to the street. The building is within 5' of the front set back except for the courtyard. The side street set back is greater than 5' because of the parking allowed on the side street. B. The building form and massing is consistent with the area at two stories and has excellent solar access with most units facing the southern facing courtyard. C. Parking is on the side street and alley in the existing and proposed plans. No substantive changes are proposed. Public parking is allowed on Main Street. There is no on -site parking along Main Street. D. Building Elements All entrances to units are off of Main Street or 5`" Street. All units have their own entrance door presence, whether off the street or off the courtyard. There is no `one -story' element in the existing structure other than a 200 sf pool house. This will be removed as part of the removal and landscaping of the pool area. E. The context of the building is consistent with Aspen. A stucco exterior will remain. The basic Bavarian character with wood accents will remain. Ullr Lodge Minor PUD Application 6 January 6, 2000 V. REVIEW STANDARDS FOR SPECIAL REVIEW, SECTION 26.430.040 (PARKING) Current parking on -site is 16 -18 spaces based upon the number of cars that can park on -site. (The Applicant's calculations demonstrate space for 16 cars using Aspen parking space dimensions.) The current spaces are parallel along the alley and right angle parking along 5 street. The parking on 5 Street overlaps the public right of way. There is no appropriate place on -site to increase parking. Many alternative parking alternatives have been evaluated. In the final analysis it has been determined together with the Planning Staff that the optimal plan will be the following: 1. Lease current spaces which encroach into the public right of way from the City. This will allow the management of the building to enforce parking on -site and make sure that parking is in compliance with necessary alley emergency access. The Applicant will comply with the Street Department policies for the parking. 2. Stripe alley parking for `compact' cars only, in order to maximize the on -site parking spaces available. 3. Encourage employees to reduce car ownership given the proximity of the project to employer — sites. The following ideas are being considered by employers. Each employer has agreed to implement at least one of the following concepts among their employees in the building. a. Rent incentive for employees without cars. b. Charge employees with cars for parking. c. Create attractive car rental rates for employees who have no personal car. d. Subsidize transportation passes. e. Give rental preference to employees without automobile. 4. Additional parking relief may also come from owner employers. Current sponsoring employers have at least additional parking spaces available based upon common use that can be made available to employee tenants either for 24 hour use or for night time use. The Planning Staff has recommended that these spaces not be formally included in the number of spaces available for use by residents of the project due to the difficulty in enforcement and the probability that employers will change over the life of the project. These spaces do, however, reflect the ability of the ownership group to address parking issues as they arise. It is estimated that there will be no increase in the actual number of individuals occupying the building, despite the change in actual designated use. For that reason, the Applicant does not expect that there will be an increased burden of parking on adjacent streets. More particularly, the implementation of this PUD will decrease driving on Hwy 82, thereby helping reduce pollution and the transit requirements for longer distance employee commutes. Another significant advantage of the PUD is that the permanent employee base (estimated at over 80 %) in the building will create a pedestrian presence year-round in Aspen. Request is being made that on -site parking as currently configured be allowed as a variance to current parking standards. Ullr Lodge Minor PUD Application 7 January 6, 2000 VI. CRITERIA AND RESPONSES MINOR PUD, SECTION 26.445.050 This section of the application will outline the Minor PUD review standards and the Applicant's response to those review standards. - Code: "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 the 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." APPLICANT'S RESPONSE: The Aspen Community Plan supports the provision of employee housing within the Aspen Metro Area. Recent PUD Code amendments approved by Council permit the use of a minor PUD process for the development of smaller projects supporting the Plan. An increase in units is permitted in Minor PUDs in the amendment. The Ullr Lodge is not part of the Lodge Preservation District, however, consideration has been given to the removal of lodge units. In recent years the Ullr has been occupied at least 50% by longer term Aspen employees rather than lodge guests. For this reason the Applicant and the Housing Office considered that the preservation of the building and lodge as affordable housing was important and consistent with the Community Plan. No significant changes are being proposed to the building. No exterior additions are being proposed other than stair access consistent with the character of the building. The proposed development will have no impact on the future development of the surrounding area. This project should be exempted from GMQS because it is a 100% Affordable Housing project. Code: `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 areas. 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. Ullr Lodge Minor PUD Application 8 January 6, 2000 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. APPLICANT'S RESPONSE: The Ullr Lodge property is described as Lots K, L, M, and the west one -half of Lot 0, Block 30, City and Townsite of Aspen. The property contains approximately 13,500 sf per the assessor and 14,854 sf of building square footage (this does not necessarily equal FAR). In regard to Dimensional Requirements, the Applicant requests that the PUD approval be granted for the existing building and site plan with minor modifications (none of which alter the dimensional specifications of the existing structure. Refer to Dimensional Requirements in Attachment 2. Code: "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." APPLICANT'S RESPONSE: There is no change to the scale or massing which will alter the site coverage. The swimming pool and a 200 sf pool room will be removed given lack of use and liability concerns. The pool will be replaced with a mixture of hardscape and landscape appropriate to the patio area. The residents should have improved functionality of the open space as a result of the improved site plan. Code: "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. APPLICANT'S RESPONSE: The Applicant requests a waiver from the parking standard given the fact that historically the building has had 116 -18 parking spaces and has operated on this basis for a long time. Although the Applicant is increasing the number of units within the building by three, the unit that is being divided has often been used by unrelated occupants in a shared apartment setting. The division of the apartment provides for more privacy and for longer term occupancy. Additionally as mentioned in Section V., the proximity of employees to their places of employment (which are largely within walking distance) will significantly decrease transit and traffic requirements and reduce the reliance on the personal automobile. In addition to the above Code requirements for parking, the Planning Staff has directed the Applicant to Section 26.515, which sets forth the following additional standards. "26315.10 General Provisions A. General Requirements. All development, except affordable housing, shall be provided with off - street parking as provided in this Chapter. Ullr Lodge Minor PUD Application 9 January 6, 2000 B. Requirements for affordable housing. The off - street parking requirements for all affordable housing shall be established by a special review procedure pursuant to Chapter 26.430, and employing the standards set forth at Section 26.515.040, below..." "26.515.040 Residential uses in AH/PUD are established by special review in accordance with Chapter 26.430. The maximum number of parking spaces required shall not exceed two (2) spaces /dwelling unit for free market units. Parking spaces shall not exceed one (1) space/bedroom or two (2) spaces/dwelling unit, whichever is less for the affordable housing units." The above Land Use Code provision indicates a base parking requirement of 41 spaces for the proposed employee housing if lodge units and studios are treated as one bedroom units. The other provisions within the PUD and Affordable Housing sections indicate that this standard may be varied based on use factors outlined in the PUD criteria #3 above. Code: "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." APPLICANT'S RESPONSE: The basic site plan will remain the same. One modification which the division of the large owner's unit permits is the addition of a fully handicap accessible unit. The current building was built before various handicap guidelines were implemented and its current sidewalks have steps and other features which are incompatible with wheelchair access. One of the additional three rooms will have a `no -step' access and have internal washer /dryer hook -ups. Drainage should not be affected to any great degree by the proposed changes. Care is being taken to design both the internal and external space in order to promote a residential community character. For example, the Applicant is replacing four small laundry areas with one Ullr Lodge Minor PUD Application 10 January 6, 2000 laundry area which is accessible off a common `game room.' The functionality and use of the exterior patio /commons area should also improve with the removal of the pool. Code: "D. Landscape Plan. The purpose of this standard is to ensure compatibility of the propose 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." APPLICANT'S RESPONSE: The existing vegetation is mature and in good health. It will be protected during renovation. Healthy pruning and an upgrade to certain surfaces will enhance the existing landscape plan, but not alter it. Code: "E. Architectural Character. It is the purpose of this standard 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 architecture of the development shall: 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 show, ice and water in a safe and appropriate manner that does not require significant maintenance. APPLICANT'S RESPONSE: The architectural character of the building will remain the same. Exterior alterations such as the stairway and new windows will be similar in character to existing features. Ullr Lodge Minor PUD Application 11 January 6, 2000 Code: "F. Lighting. The purpose of this criterion to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following criterion shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or land. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up- lighting of the site features, buildings, landscape elements, and lighting to inordinate attention to the property is discouraged for residential development. APPLICANT'S RESPONSE: All new lighting for the proposed addition will comply with the above standards by being designed to minimize glare onto adjacent properties. Lighting will be limited to that required by the Uniform Building Code for safety. Code: "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 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 uses of the PUD. 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. 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. APPLICANT'S RESPONSE: No additional park or open space is planned as part of this Minor PUD, however, as stated above the common area open space is being enhanced so that its use and function are better suited for permanent residents. Code: "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. Ullr Lodge Minor PUD Application 12 January 6, 2000 2. Adverse impacts on public infrastructure by the development will be mitigated by 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. ' APPLICANT'S RESPONSE: The Applicant believes that adequate public infrastructure exists to serve the building and that the addition of three units will not substantially alter the actual use and occupancy of the building. Code: "I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this criterion 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 designated 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. APPLICANT'S RESPONSE: There is no change being proposed by the Applicant to the form or nature of access to public streets, other than the addition of a handicap accessible walkway to one unit. Ullr Lodge Minor PUD Application 13 January 6, 2000 VII. GROWTH MANAGEMENT QUOTA SYSTEM, EXEMPTION FOR AFFORDABLE HOUSING, SECTION 26.470.110 The Applicant requests approval to renovate and modify the Ullr Lodge at 520 West Main Street. The building will be condominiumized and owned by Aspen employers subsequent to the renovation. Three units will be added through the reconfiguration of current space. All units will be deed restricted for resale and have rent caps in place per agreement with the APCHA. Section 26.470.070(J) of the City Land Use Code States: "J. Affordable Housing. All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt. The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. This exemption is deducted from the respective annual development allotment established pursuant to section 26.470.070 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council." The Applicant believes that the proposed employee housing complies with above Code standards. The City needs additional employee housing. These needs are documented in the Aspen Area Community Plan and the various Aspen/Pitkin County Housing Authority's assessments completed in recent years. The interest of area employers in the purchase of the units (without subsidy) and the willingness to self - impose rent and appreciation caps is further evidence of the need for this housing. The Applicant is proposing to modify a 1900 square foot `owners unit' into four units, including an ADA qualified unit. Additionally common space and utility areas will be modified in order to better utilize the interior space for permanent housing. Consideration has been given to the impact of the loss of reasonably priced lodge units. In fact, the lodge has been utilizing at least half of its units for permanent employee housing in recent years, further evidence of the severe shortage of adequate housing, both seasonal and long term. Given the early participation of the APCHA, the Applicant has developed deed restriction guidelines for price and rental restrictions that are acceptable to the sponsoring employer owners and to the Applicant. Ullr Lodge Minor PUD Application 14 January 6, 2000 ATTACHMENT SIGNED FEE AGREEMENT UIIr Lodge Minor PUD Application 16 January 6, 2000 • ASPIiN/PRKIN • COMMUNITY•DEVELO.PMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Far r . CITY OF ASPEN (hereinaRar CITY) and e4.4er'DaTGE •ffeay,Fge6 11.0fi✓K id a#0 (hereinafter APPLICANT AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for N sA. L.P46 pd9 (hereinafter, THE PROJECT. 2. APPLICANT undumnds and agues that City of Asper' Crdhrance No. 49 (Stria Of 199$) • establishes a fee structure for Land Use applications and the payment of all processing fees Is a oenditton 'precedent to a determination of application completeness 3. APPLICANT and CPTY agree that because of the size, nature or scope ofthe proposed protect, It • is not possible at this time to ascertain the full extant of the sofas involved in psocessinj the applcatior' APPLICANT and CITY ftrthcr agree that tt Is in the Interest of the parties that APPLICANT male payment of a initial deposit and to thereafter permit additional coati to be billed to APPLICANT 'on a monthly bask APPLICANT agraes additional costs may accrue fallowing their hearbtgs and/or approvals. APPLICANT ague he . will be benefited by retaining greater cash liquidity and will make adaitloaal payments upon notmcadon by the CITY when they an necessary as costs an incurred. CITY agrees it wt71 be benefited thiaugh the greater wtainty of recovering its Pill cow to process APPLICANT'S application. . 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council m make legally required Endings for project consideration, unless current btidngs 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 determleatlon of application completeness, APPLICANT shell pry an initial deposit in the' ' amount of S 3$L< lee which is far /2. hours of Community Development staff time, std if n•l recorded costs exceed the initial deposit APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic pay ments shall be made within 30 days of the billing date. APPLICANT titter agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no caw will building permits be Issued until all • costs associated with case processing have been paid. • CTTY APPLICANT • • • • By. By. - free" L / Julie Ann Woods Ire . H e eat ,e Community Development Director Dote: e..0 . Mailing Address: • t7.AR8s •+D&* D4&t F4dled4 ao4/1 Pa fbrt loot . CrtRCIw n#t.F «o 1 21 gnuspportvotmsatagrpayu.dee 3/11/99 • • ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM - Project: Courtyard Commons Applicant: Carbondale Affordable Housing Corporation Location: 520 West Main Street, Aspen, CO Lot Size: 13,500 square feet (per Assessor) (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: 0 Proposed: 0 Number of residential units: Existing: 27 Proposed: 30 Number of bedrooms: Existing: 37 Proposed: 41 Proposed % of demolition (Historic properties only): NA DIMENSIONS: Floor Area Existing: 11,920* Allowable: 14,850 @ Proposed: 11,900* 1.1:1 FAR Principal building height Existing: 25' +/- Allowable: TBD Proposed: 25' +/- Access building height Existing: N/A Allowable: N/A Proposed: N/A On -Site Parking Existing: 16 -18 Allowable: 41 Max Proposed: 16 % Site Coverage Existing: 38% Allowable: TBD Proposed: 37% % Open Space Existing: 62% Allowable: TBD Proposed: 63% Front Setback Existing: 10' Allowable: TBD Proposed: 10' Rear Setback Existing: 9' Allowable: TBD Proposed: 9' Combined F/R Existing: 19' Allowable: TBD Proposed: 19' Side Setback Existing: 5' Allowable: TBD Proposed: 5' (East): Side Setback Existing: 23' Allowable: TBD Proposed: 23' (West): Combined Sides: Existing: 28' Allowable: TBD Proposed: 28' TBD = to be determined during PUD Review Existing non - conformities or encroachments: Existing and proposed parking does not conform and is currently partly in the right of way. Variations requested: To accept parking plan as presented in Section 6. *Floor Area is an approximatiot•based on rough assumptions of exposed lower level light well areas, and on surveyed unit areas, which do not include wall thicknesses and duplicate internal stair areas. Hence, an accurate number could be +1- 200 -300 sf; however, the difference between `existing' and `proposed' should be minimal. Ulir Lodge Minor PUD Application 17 January 6, 2000 ATTACHMENT RESPONSES TO MINIMUM SUBMISSION REQUIREMENTS 1. Contained within a letter signed by the applicant, the applicant's Cover letter. name, address and telephone number, and the name, address, and telephone number of any representative authorized to act on behalf of the applicant. 2. The street address, legal description, and parcel identification Application form — Section II number of the property proposed for development. 3. A disclosure of ownership of the parcel proposed for Title report in this section. development, 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, judgements, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8" 1 /2 by 11" vicinity map locating the subject parcel within Vicinity map in this Section. the City of Aspen. 5. A site plan depicting the proposed layout and the project's Site Plan in this Section. physical relationship to the land and its surroundings. 6. A site improvement survey certified by a registered land Site Improvement Survey — submitted surveyor, licensed in the State of Colorado, showing the current under separate cover. status of the parcel including the current topography and vegetation. (This requirement, or any part thereof, may be • waived by the Community Development Director if the project is determined not to warrant a survey document.) 7. A written description of the proposal and a written explanation of Section I - Introduction how the proposed development complies with the review standards relevant to the development application. Ullr Lodge Minor PUD Application 18 January 6, 2000 a .. • �nn Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and 8 and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. - This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By- Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." P4kin County Title, Inc. t 601 E. Napkin. Avenue ' ;rte •. '. 3r0 Ploor yNfa �a� �: / C s_ - Asps. Colorado 81611 FidelittionalT itlelnsuranceom ,perry `o -" 97O -925 -1766 Pkone el VIII 970 -925 -6527 Fax / / //` ;P+ y� n.e 4 BY / /7/�� ,Lf p. . + e o '' � SEALS Pre r ddwe Ta x r•`' , a ATTEST 1 Countersigned ° J 446 A Author* 4 4 _ re $BQa A Valid Only if Schedule A and B are Attached LTA ALTA COMMITOMMIT MENT ENT • 1966 The coudhlm s RI ibis aromnlhnent reqube that the premium and charges be paid prior to the issuance d the tide poi y(e). Therefore, no po&y(e) will be issued until the dines have been remitted to Me Suing agents 4 COMMITMENT FOR TITLE INSURANCE SCHEDULE A . Effective Date: 07/13/99 at 08:30 A.M. Case No. PCT14306C2' • . Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 4,110,000.00 Premium$ 7,164.00 Proposed Insured: Rate:STANDRAD CARBONDALE AFFORDABLE HOUSING CORPORATION (b) ALTA Loan Policy -Form 1992 Amount$ 3,225,000.00 Premium$ 100.00 Proposed Insured: Rate:COMPANION • TO BE DETERMINED • Tax Certificate: $10.00 Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ULLR LODGE INC., A COLORADO CORPORATION . The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS K, L, M, N AND THE WEST ONE -HALF OF LOT 0, BLOCK 30, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970- 925 -1766 Provisions and Schedules 970- 925 -6527 FAX A and B are attached. AUTHORIZED AGENT ' • T SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with ITEM (a) Payment to or for the account of the grantors or mortgagors;' of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Release by the Public Trustee of the, Deed of Trust from : ANTHONY J. PERCIVAL AND FREDERICA M. PERCIVAL to the Public Trustee of the County of PITKIN for the use of : EARL C. SCHENNUM, JR., CAROL M. SCHENNUM AND DEBORAH J. SCHENNUM original amount : $740,000.00 dated : March 1, 1978 recorded : March 1, 1978 in Book 344 at Page 174 reception no. : 202214 The Beneficial interest in the above Deed of Trust was assigned to The _ Scbennum's Company by instrument recorded March 14, 1978 in Book 344 at Page 738. The Beneficial interest in the above Deed of Trust was assigned to Earl C.Schennum, Jr., Carol M. Schennum and Deborah J. Fletcher by instrument recorded February 17, 1983 in Book 440 at Page 688 An undivided 26.88% interest in the above Deed of Trust was assigned to Earl C. Schennum, Jr., Trustee by Deborah J. Fletcher by instrument recorded February 17, 1983 in Book 440 at Page 689. r Release by the Public Trustee of the, Deed of Trust from : ULLR LODGE INC., A COLORADO CORPORATION to the Public Trustee of the County of PITKIN for the use of : FIRST NATIONAL BANK IN ASPEN original amount : $50,000.00 dated :January 25, 1984 recorded : March 28, 1984 in Book 463 at Page 673 reception no. : 258332 Extension Agreement recorded in connection with the above Deed of • Trust on May 9, 1990 in Book 620 at Page 188. . Deed, executed by the President or Vice President or other designee/ authorized by the Board of Directors of ULLR LODGE, INC. a COLORADO Corporation To : CARBONDALE AFFORDABLE HOUSING CORPORATION NOTE: Corporate Seal or Facsimilie should be affixed. . Evidence satisfactory to the Company that CARBONDALE AFFORDABLE HOUSEING CORPORATION is a duly existing and valid corporation existing pursuant to the laws of the State of must be delivered to and approved by the Company. (Continued) • • • FNT 5. Deed of Trust from : CARBONDALE AFFORDABLE HOUSING CORPORATION to the Public Trustee of the County of PITKIN for the use of : THE LENDER TO BE INSURED HEREUNDER to secure : $3,225,000.00 6. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No 13 (Series of 1990) has been paid or exempted. - + 7. Certificate of nonforeign status executed by the transferor(s).: (This' instrument is not required to be recorded) 8. Evidence satisfactory to the Company that the Declaration of Sale, • Notice to County Assessor as required by "H.B. 1288 has been complied, with. (This instrument is not required to be recorded, but must be • delivered to and retained by the Assessors Office in the County in which the property is situated) 9. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real _ P.roperty in the State of Colorado. (This instrument is not required to be recorded) • • • T SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records.„ 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records.' 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed -for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 356 & 357 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws ". 8. Mineral reservation as set forth in Deed recorded February 18, 1964 in Book 206 at Page 27. (Affects Lot N and the West one-half of Lot 0) 9. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded December 11, 1986 in Book 524 at Page 842. ;. • • T ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B- Section 1._ (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89 -2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim ar townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items — and any others requirements to be specified by the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage ". Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B- Section 2 the Insuring Provisions and Schedules Commitment No. PCT14306C2 A and B are attached. P> 1 NORTH FIFTH STREET m fD 1 c \ -�' B -O / B -b B' -b' TYP. D I NI - N W A N P -r (p L 6 0 ! ; : r m _� z — — — — — iIffifilffl \ \ It \ � \ � \�\ \ `` \� \\ \ � \ � r 1 s i D N Z .., A \g 1 1 y N. 111i11f1011 - - �' a i L IIIIIIIIIIIB : Q r p tri C. 111111' m I O y> F �' C ml y 1 ' g ym m yzy �I • � . 1 ; i ' ' " ' A / \ • I N J r W t Iri C/l I $ IR,g 3 r y a -pi, o ar \ ail 6 m 1 k 0 0-I r 0 k t . 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I cp ?6 r f � 6 x F i f+l 8 n - m°Y Z r s — g - 3 I o + � ° TM c E e i~ r - ® C . R i ° naw � a ` ^ < rn Z r- 0 y -" M { Li) ay Z 0 ATTACHMENT 4 FLOOR PLANS FOR AREAS BEING MODIFIED Ullr Lodge Minor PUD Application 19 January 6, 2000 , ►�� o r K I 1 STtiDro I g 11 00 . Ail 1 ,;i, - 1) l —' ff ` . C I �M ® ( j . 1 /4-4 1 1Cl tn. . . c1 r it lI. f! '4 ,' ,, r- ,, I, is - -- -2 %z ._u tom_- ia) JMrr 7 b_ Ullr Lodge r = "'""� Schematic Design - Storage a Game Rm. Conversion December 8, 1999 Y Y 3 .1 . R 1 m Roots (tarsT1NG) kil ARC - `'— C = 3954E I mow own" ZP t. 1 3...wIt.te 0 D 'vl U acs . f w� , °oo . o L � I =. sp. a K-�tc a At* coMPLiAAT • i ■ AREA U I UNIT • .�j� N I RAO UN i t 23 • . — —. evii 1. it • e O n ' . 1 VMS! FLOOR" O . 1--- 1- 1 -8--- Aspen, Colorado Bill Poss and Associates Architecture and Planning • MI WO P III. - inl ieecw+ 1 tt_nc +h 1 L , . . uI:• 28� ___._. i, ,, I ,,,,, ,-r-, A N. X1Ck ,Q i LI'll L. r� LM 1 3 2-actos-1 p 7 0,4,T 1.)-i n� NeMj UNIT a L____ v Algid UN'f 2q nt 30 $+ . 2 Ee�s .+t. 2 a M 1 1 1 f ,..... Bht sr,. ,...r.,‘) 24' -o 1D I�.00t� ' SLco , r g i Ullr istor- Schematic Design - Multi -unit conversion: Option 2 - November 30, 1999 • V411.000.1 WV» 1= Di I - I 'Wart i etzan2. - - wutwd krraett LL\J� 1 NSu- I n l 1 ae^ OVWoM L AREA- NFrt OW r /9 Ullr Lodge Schematic Design - Maid -unit conversion November 30, 1999 ATTACHMENT 5 UNIT SUMMARY OF UPGRADES Unit No. Type BRs Size Notes: Upgrade: - Lower Level 1 Lodge 1 189 sf cosmetic 2 Lodge 1 189 sf cosmetic 19 2 -BR 2 520 sf Maid's Unit full remodel as 2 -BR 24 2 -BR 2 555 sf cosmetic 23 2 -BR 2 633 sf cosmetic 26 Studio 1 362 sf cosmetic 27 Storag 1 396 sf Was used as studio full remodel as 2 -BR First Floor 3 Lodge 1 202 sf cosmetic 4 Lodge 1 200 sf cosmetic 5 Lodge 1 198 sf cosmetic 6 Lodge 1 200 sf cosmetic — 11 1 -BR 1 404 sf cosmetic 12 2 -BR 2 669 sf cosmetic 13 1 -BR 1 398 sf cosmetic 14 1 -BR 1 396 sf cosmetic 20 2 -BR 2 818 sf bi -level cosmetic & stair imp. 21 2 -BR 2 725 sf bi -level cosmetic & stair imp. 22 2 -BR 2 780 sf bi -level cosmetic & stair imp. 23 3 -BR 3 1,905 sf bi -level remodeled into 4 units (units 23,28,29,30 below) Second Floor 7 Lodge 1 200 sf cosmetic 8 Lodge 1 198 sf cosmetic 9 Lodge 1 198 sf cosmetic 10 Lodge 1 198 sf cosmetic 15 1 -BR 1 404 sf cosmetic 16 2 -BR 2 674 sf cosmetic 17 1 -BR 1 400 sf cosmetic 18 1 -BR 1 407 sf cosmetic Existing Total: 27 Units BRs 37 12,418 sf area is sum of unit interiors, not gross area New Units: (approx.) Location: 27 2 -BR 1 700 sf former Stor. /Game Rm lower level (split level) 23 1 -BR 0 500 sf H/C acessible first floor 28 1 -BR 0 400 sf first floor 29 2 -BR 1 500 sf second floor 30 2 -BR 2 500 sf second floor New Total: 30 Units BRs 41 12,717 sf area is sum of unit interiors, not gross area Ullr Lodge Minor PUD Application 20 January 6, 2000 cX11''7»i PLOOR PLAI1/5 4 frgcw -. n c - S • ;ram 4 1 01 I t .I al .1 C : i I a $ • I Nil 9C -I Fli p ZZ 3W U, r -- ,e _ � .., 2Q 91. ,91. 91. xis • d 3s 1 La I \•az al tp Jd W : ' .e'ai 1 i R y am. . 3s a ew I e C ti E 1 b m a 7 8 ce L . V S .. 114; a a .NY 1tc ai Abah afl r ' i -f 1. �"[ 1 . . • w .. .••Ta > ¢ $ d d E a ' _ a¢V r is a rrar Mel . i I I I 1 I I I IL NI v or . t9 3 9 dr .' _ ........ .mow � r( ` u j' i • iii RB d t . 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ATTACHMENT 6 ADJACENT PROPERTY OWNER LIST UIIr Lodge Minor PUD Application 21 January 6, 2000 <RUIDENIER DAVID & ELIZABETH S CITY OF ASPEN MANCLARK DARLEEN 3409 SOUTHERN HILLS DR 130 S GALENA ST 313 BAY FRONT DES MOINES IA 50321 ASPEN CO 81611 BALBOA ISLAND CA 92662 HAYES MARY E LEBLANC SHERIE MATILDA OLSHAN BURTON D 1/2 105 PTARMIGAN OLSHAN KATHLEEN W 1/2 209 E BLEEKER ST 5408 OLD LEEDS RD ASPEN CO 81611 BASALT CO 81621 BIRMINGHAM AL 35210 rOMCICH WILLIAM WOOD HELENA ASPEN MTN RESCUE '0 BOX 1498 C/O AMBIANCE LTD 630 W MAIN ST • ASPEN CO 81612 -1498 1548 SLOCUM ST ASPEN CO 81611 DALLAS TX 75207 -3615 DUN$DON S MICHAELE (OUNG DONALD L RUDOLPH RICHARD E BORKENHAGEN DAVID A 317 W MAIN ST PO BOX 3080 PO BOX 2225 \SPEN CO 81611 CAREFREE AZ 85377 ASPEN CO 81612 UHROM ROBERT & PHYLISS 1/2 INT IGLEHART JIM IGLEHART JIM rHROM DOUGLAS 1/2 INT . W MAIN ST 610 W HALLAM ST • 317 W MAIN ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 KLEIN DEBBIE HAISFIELD MICHAEL DOUGLAS & COELLE ALICE A COLORADO CORPORATION HAISFIELD LISA YERKE )0 BOX 2871 546 MCSKIMMING RD 435 W MAIN ST \SPEN CO 81612 ASPEN CO 81611 ASPEN CO 81611 \SPEN HISTORICAL SOCIETY NATIONWIDE THEATRES CITY OF ASPEN 320 W BLEEKER ST CORPORATION 130 S GALENA ST \SPEN CO 81611 A CALIFORNIA CORPORATION ASPEN CO 81611 120 N ROBERTSON BLVD LOS ANGELES CA 90048 IILLMAN DORA B TRUST FISCHER SISTIE HILLMAN TATNALL LEA 04 W BLEEKER 442 W BLEEKER 504 W BLEEKER ST SPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 =LD ANNE S SMALL AND LARGE FRIES LLC FERGUS ELIZABETH DAWSON '00 PACIFIC AVE STE 4100 1265 MOUNTAIN VIEW PO BOX 1515 ALLAS TX 75201 ASPEN CO 81611 ASPEN CO 81612 \ILEY RYAN 1994 TRUST 50% BAILEY RYAN 1994 TRUST 50% LEVIN WILLIAM A REV LIVING TRUST O JANUS CAPITAL C/O JANUS CAPITAL 1 PENN PLZ STE 725 :0 E COOPER 620E COOPER NEW YORK NY 10119 -0799 'PEN CO 81611 ASPEN CO 81611 MAC DONALD BETTE S TRUST CROCKETT ANN R TRUSTEE OF THE STRANDBERG JOHN J & JANE T 15 BLACKMER RD PRICE LIVING TRUST 2510 GRAND AVE APT 2403 ENGLEWOOD CO 80110 10898 MORA DR KANSAS CITY MO 64108 LOS ALTOS HILLS CA 94024 ULLR LODGE INC ILGEN EILEEN L & JACK D & ELOISE RANKIN CONSULTING LLC A COLORADO CORPORATION ILGEN IN JOINT TENANCY 336 VINE ST 520 W MAIN ST 518 W MAIN ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 BECK GLENN A BERR LLC VIEIRA LINDA 50% INTEREST PO BOX 1102 611 W MAIN ST HALL TERESA 50% INTEREST VICTORVILLE CA 92392 ASPEN CO 81611 605 W MAIN ST ASPEN CO 81611 VIEIRA LINDA 50% INTEREST TRUST CO NA TRUSTEE HALL TERESA 50% INTEREST VERLEGER MARGARET B & PHILIP K JR C/O NATIONAL CITY BANK ATTN CE 605 W MAIN ST 105 MATTISON DR WIGHTON ASPEN CO 81611 CONCORD MA 01742-4138 155E BROAD ST 5TH FLOOR COLUMBUS OH 43251 501 WEST MAIN LLC CUNNINGHAM INVESTMENT CO INC AOYAMA TETSUJI AKIKO 408 AABC #202 605 W MAIN ST 6105 NE KESWICK ASPEN CO 81611 ASPEN CO 81611 6105 NE WA 98105 DR SEATTLE WA 98105 OSULLIVAN MIKE & LISA MADSEN MARTHA W ALH HOLDING COMPANY GUNNISON A COLORADO CORPORATION PO BOX 4476 608 W HOPKINS AVE APT 9 435 W MAIN ST ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81611 BOOMERANG LTD 500 W HOPKINS AVE ASPEN CO 81611 •