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HomeMy WebLinkAboutcoa.lu.gm.130 W Cooper. Fireside Lodge A20-972735-124-69-005 A20-97 Fireside Lodge Change in Use, Sub & act 11 ti Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right -of -Way -63875-046 Zoning & Sign Permit -MR0I I Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065-482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer / c 62023-63340-190 Housing 7G__- 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 WildliteOfficer Sales: 00113-638.10-039 County Code -69000-145 Copy Fees Other 00 Total Name: !J Date: Check: G O Address: <�q , ��-i, ��(� L- Project: CaseNo: Phone: _ _ No. of Copies 1� C*LOAD SUMMARY SHEET - CIT ASPEN DATE RECEIVED: ?/17/97 CASE # A20- 97 DATE COMPLETE: STAFF: Julie Anne Wood PARCEL ID # 2735-124-69-005 PROJECT NAME: Fireside Lodge Change in Use,Subdivision, GMQS Exemption Project Address: 130 W. Cooper Ave. APPLICANT: Fireside Townhomes, LLC Sam Houston Address/Phone: 620 E. Hyman Ave, Aspen 81611 925-8664 OWNER: Fireside Townhomes, LLc Address/Phone: same REPRESENTATIVE: Sunny Vann Address/Phone: 925-6958 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $1080 PLANNING $1080. # APPS RECEIVED 1 ENGINEER $1 10 ENGINEER $110. # PLATS RECEIVED 1 HOUSING $70 HOUSING $70. GIS DISK RECEIVED: ENV HEALTH $155 ENV HEALTH $155. CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $1415. TOTAL RCVD $1415. Two Step REFERRALS: ❑ City Attorney ❑ City Engineer (DRC) ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks DATE REFERRED: ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: Date: Book , Page IPMOMPPop4p C,-e 29 Z, ci,4L, C TL -XI�e, I-Q X,,2 C"(f-"j +ACC- �, 1z /��2� , r7 3 f w s� "/ � J i) h, Gam. pl-2-�, SUBDIVISION AGREEMENT FOR FIRESIDE TOWNHOMES SUBDIVISION THIS SUBDIVISION AGREEMENT is made and entered into this day of LQUTWr , 1997, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and FIRESIDE TOWNHOMES, LLC, a Colorado limited liability company (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Subdivision Plat of a tract of land situated within the City of Aspen, Colorado and more particularly described as Lots K, L, M, N, O and P, Block 61, City and Townsite of Aspen, Pitkin County, Colorado (hereinafter referred to as the "Subdivision Plat"), said property being hereafter designated as the "Fireside Townhomes Subdivision"; and WHEREAS, City has fully considered the Subdivision Plat, the proposed development and improvement of the lands therein, and the effects of the proposed development and improvement of said lands on other adjoining or neighboring properties and property owners; and WHEREAS, under the provisions of Ordinance No. 23 (Series of 1997) adopted by the City Council on July 28, 1997, the City has imposed certain conditions and requirements in connection with its approval of the Subdivision and its execution and recordation of the Subdivision Plat, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Subdivision and Subdivision Plat; and WHEREAS, under the authority of Section 26.88.050 of the Aspen Municipal Code, City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by Owner. NOW, THEREFORE, for and in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Subdivision Plat for recordation by the City, it is mutually agreed as follows: I 11111111111111111111111111 IN 1111111111111111111111 IN IN 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 1 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO bill IIIIIIIII IIIIIIIIIIIIII IIIIIII IIIIIIII 11111111111111111 IN 11111111 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 2 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO A. Subdivision Improvements l . Pri6r to the issuance of the final Certificate of Occupancy for the townhomes that Owner intends to build on the Fireside Townhomes Subdivision, Owner shall and hereby agrees to accomplish the following subdivision improvements, all as depicted on the Site Plan which is being recorded with the Subdivision Plat. (a) Construction of a five (5) foot wide concrete sidewalk along the Subdivision's Cooper Avenue and First Street frontages. (b) Construction of a six (6) inch vertical curb. (c) Construction of two (2) handicap access ramps. (d) Construction of a reinforced six (6) inch concrete apron at the westerly end of the alley onto First Street. (e) Installation of a streetlight at the intersection of Cooper Avenue and First Street. 2. A construction schedule for the above -described improvements shall be submitted to the City Engineering Department at the same time that the financial guarantee described in Section B below is provided. 3. Owner agrees to complete the landscaping shown on the Site Plan which is being recorded with the Subdivision Plat as promptly as possible following completion of the above -described subdivision improvements, but in no event later than one (1) year after the date of issuance of a Certificate of Occupancy for the townhomes. Owner reserves the right to plant additional native vegetation within the Subdivision, as Owner may consider appropriate from time to time, without further approvals being required. Owner also reserves the right to amend the landscaping depicted on the Site Plan which is being recorded with the Subdivision Plat, subject to review and approval by the City. B. Financial Assurance In order to ensure construction and installation of the subdivision and landscaping improvements described in Section A above, and to guarantee 100 percent of the current estimated cost of such subdivision improvements, and to guarantee 125 percent of the current estimated cost of such landscaping improvements and of maintaining and replacing the same for a period of two (2) years after installation, which estimated costs have been approved by the City Engineer and are specifically set forth on Exhibit A and B attached hereto and made a part hereof by this reference, Owner shall provide to the City a financial guarantee in the form of a cash escrow or an irrevocable sight draft or letter of credit from a financially responsible lender. Said guaranty shall be delivered to the City prior to the issuance of a building permit for the construction of townhomes in the Subdivision, shall be in a form acceptable to the City Attorney and the City Manager, and shall give City the unconditional right, upon default by Owner, to 2 oil Hill IIIIIIIIIIIIII IIIIIII IIIIIIII 11111111111111111 ft 11111111 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 3 of 9 R 48.00 D 0.00 N 0.00 PITKIN COUNTY CO withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall be given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release of the agreed estimated cost for that portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, an additional twenty-five percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. It is the express understanding of the parties that the procedure set forth in Section D below pertaining to the procedure for default and amendment of this Subdivision Agreement shall not be required with respect to the enforcement and implementation of this financial assurance and guarantee to be provided by Owner as set forth above and required by Section 26.88.050 of the Aspen Municipal Code. C. Additional Requirements and Restrictions 1. Prior to the issuance of a building permit for the construction of townhomes in the Subdivision, the Owner shall make a cash -in -lieu payment for school land dedication calculated in accordance with the applicable provision of the Aspen Municipal Code. 2. Owner shall submit a soils report for the property at the time of application for a building permit. 3. Owner shall submit a drainage report and mitigation plan that has been completed, stamped and signed by a Colorado licensed engineer at the time of application for a demolition permit. 4. Owner agrees that utility lines and service connection points will be accessible to service personnel and will not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment will be installed on an easement provided by the Owner and will not be located within public rights -of -way. 5. Owner agrees to work with the Parks Department to determine the appropriate spacing and species for street trees and further agrees that the mature spruce trees near the intersection of Cooper Avenue and First Street will be fenced off with protective fencing to minimize damage during demolition and construction 3 110111111111111111111111111111111111111 liffil III 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 4 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO 6. Owner agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent rights -of -way. 7. Owner agrees that all material representations made by Owner in the Fireside Subdivision Application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. D. Non -Compliance and Request for Amendments Or Extensions by Owner In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If City Council determines that Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non-compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. 4 loll IIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIII 11111111111111111 IN 1111111 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI S of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Subdivision Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Subdivision Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. E. General Provisions 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Subdivision Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. 5. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Subdivision Plat for Fireside Townhomes Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: 5 0 • CITY OF ASPEN City Manager 130 S. Galena Street Aspen, CO 81611 Fireside Townhomes, LLC Attn: Sam Houston, Manager 620 East Hyman Aspen, CO 81611 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described herein and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a municipal corporation �7 G i 4 S� By: �7 Mayor :31 j 11W4 Kathryn..S och, City Clerk ��II'RO.V'ED AS TO FORM: John Woi-c Wier, City Attorney OWNER: FIRESIDE -TOW Mot Sam`-I'fouston, Manager 11111111111111111111111 IN 111111111111111111111111111 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 6 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO .0 STATE OF COLORADO ) )ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1� day of ��j , 1997 by John Bennett as Mayor and by Kathryn S. Koch as City Cl rk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires: I ,;ACKIE ` a LOTH1NN o0 ebary Public STATE OF COLORADO ) )ss COUNTY OF PITKIN ) foregoing instrument was acknowledged before me this -'day of 1997 by Sam Houston as Manager of Fireside Townhomes, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires I TRACY L. BUTTON ,o ;APO Z-0i cc� MM A4 MiRwAkpires 8/�/Jwo Notary Public I 1111111111111111111111111111 IS 11111111111111111111 IN IN 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 7 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO 7 • ■ GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape .-architecture • Environmental [Tanning August 21, 1997 Mr. John Galambos Charles Cunniffe & Associates Architects 530 East Hyman Avenue Aspen, Colorado 812611 EXHIBIT B Dear John; Based on the site plan by Charles Cunniffe Architects dated August 4, 1997 and revised august 20, 1997, we've broken down the costs of the trees to be mitigated in the following manner: Existing trees to be removed and then mitigated. A. 4" spruce B. 1.4' and 1' aspens C. ? 8' cottonwood D. 1.1' spruce E. .6' spruce F. .65' spruce G. .65' aspen Based on survev by Alpine Surveys: New trees to be planted that mitigate trees being removed: A. (2) 2" spruces, 6 feet high $220 ea 5 440 B. (12) 2" aspens $150 ea 51,300 (4) 1.2" aspens 5100 ea 3 400 C. (14) 2.5" cottonwoods $275 ea $3,800 D. (5) 2" spruces, 6 feet high $220 ea $1,100 (1) 3.2" spruce, 8 feet high $300 ea $ 300 E. (4) 2" spruces, 6 feet high $220 ea 5 880 F. (4) 2" spruces, 6 feet high $220 ea 5 380 G. (8) 1" aspens, $100 ea $ 800 510,450 Existing trees to be relocated: A. .3' spruce $ 200 B. .3 spruce $ 200 C .4' spruce $ 750 D. .6' spruce $1000 E. .5 spruce $1000 F. A! spruce $ 750 G. .4' spruce $ 750 H .5' spruce $1000 I. A' spruce $ 750 $6,400 New trees to be planted: (32) 1" aspens at $100 each for $3200 Please call our office with any questions. Thank you. Sincerely, c Greg Mozian, 1A President 111111111111 HIS 11111111111111111111111 HIS 11111111111 IN III 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 8 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO 117 S. Spring Street, Ste. 2B • Aspen, CO 81611 • (970) 925-8963 0 SCHMIIESER GORDOPt�ER, INC. 118 V,. oth St. Suite 200 P.O. Box 2155 Glenwood Springs, CO 81601 Aspen, CO 81612 (970) 945-1004 (970) 925-6727 FAX (970) 945-5948 FAX (970) 925-4157 JOB r; ����,.,�,,.,,t,,,e� EXHIBIT A SHEET NO. CALCULATED BY DATE_�_l-,L_�__ CHECKED BY DATE SCALE 0 '-- Pr,� 37.0 1,_. x S�v�l;de 16005. r 5'.00/s. p-. 4S o00 Goo 5 �e l v\. cc Adel �ro-r\ z.?� S . F' (� . 50 5. F, 1430 S+rlmQ kA qk± I (0.1000 Ea . G &-.>e zoo�t $ . a---,Pk#A Qe Po6 r- 4 G j 4e r) � P �.►m L.S. k5lip Egli ►1teriI 2 Co -A t I 11111111111111111111111111 IN 11111111111111111111111111111 412932 01/28/1998 10:41A SUB AGRE DAVIS SILVI 9 of 9 R 46.00 D 0.00 N 0.00 PITKIN COUNTY CO (0, o0o cam,. A CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Julie Ann Woods, 920-5100 DATE: 3/7/97 PROJECT: Fireside Lodge, 130 W. Cooper REPRESENTATIVE: Sunny Vann, 925-6958 OWNER: Fireside Townhomes, LLC TYPE OF APPLICATION: C e in use subdivision, GMQS exemption DESCRIPTION: Will demolish existing lodge (20 units) and restaurant and create four 4-bedroom free market units. Presume net decrease in employees. Ord. 30 review of residences. Condo plat will follow. a I° r• `ts Land Use Code Section( # and Code sections Review by: Planning & Zoning, City Council Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Referral Agencies: Engineering, Housing, Environmental Health, Parks, Zoning, Fire Marshall, Water, ACSD Planning Fees: Planning Deposit Minor ($1080) Referral Agency Fees: Engineering, Minor ($110); Environmental Health $155; Housing $70; Total Deposit: $1415.00 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: I . `� Proof of ownership ?. ✓ Signed fee agreement 3. ✓ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4.V Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. ✓ Total deposit for review of the application 6. 1 Copies of the complete application packet and maps. (additional revised copies will be requested throughout the process) cies 1/ea • Planning Staff= 1 7. An 8 1/2" b 11" vicinity map locating the parcel within the City of Aspe Site improvement survey me u in a current status, including all l 9 easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A Site Plan indicating proposed project and improvements 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed v development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. JP1, 0 0 11. For Residential Proposals (Ord. 30): a) Neighborhood block plan at 1"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2' contours. c) All building elevations at 1/8" = 1'-0. d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the "Primary Mass" standard. e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 12. List of adjacent property owners within 300' for public hearing. 13. Copies of prior approvals Facsimile Transmittal Date # of Pages 3l % 1997 3 TO From Co./Dept. Co.lDept. ASPEN/PITKIN COMMUNITY DEVELOPMENT Phone # Phone # 970-920-5090 Fax # Fax # 970-920-5439 NOTES VLC: home/admin/forms/FAX.doc • • Mr. John Golumbus Charles Cunniffe Architects 520 E. Hyman Ave. Aspen, CO $1611 RE: Fireside Townhomes. Ord. 30 Review . Dear John: ASPEN • PITKIN COMMUNITY DEVELOPMENT DEPARTMENT April 9, 1997 The Community Development Department has reviewed your application for compliance with the "Residential Design Standards," pursuant to Section 26.58.040 of the. Municipal Code. Staff has determined that, with one exception, the proposal is in compliance with said standards. As we discussed on the telephone, the one standard that hasn't been met is the Areaways Standard which pertains to the lightwells facing S. First St. The standard requires that lightwells facing a street must be entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street. The lightwells proposed along E. Cooper St. meet. this standard, and the planning staff recommends that a similar design be incorporated on the west elevation. Any redesign of this elevation should be resubmitted for staff's review. An alternative option is to submit the design to the Design Review Appeals Committee for their consideration. Their next meeting is scheduled -for May 8th, and a $450.00 Administrative Deposit would be required. It should be noted that further review of the proposed townhomes change in use request will ensue, and additional changes to the proposed plans may be required. Approval under the "Residential Design Standards" does not guarantee floor area allocations or approval of other dimensional requirements; rather, it allows the project to proceed through the remaining review processes. If you should have any questions, or if I can be of help in any other way, please do not hesitate to contact me at 920-5100. Sincerely, Julie Ann Woods, A.I.C.P. Deputy Director cc: Sunny Vann 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439 Pnnted on Recycled Paper • • VANN ASSOCIATES Planning Consultants April 14, 1997 HAND DELIVERED Ms. Julie Ann Woods Community Development Department 130 South Galena Street Aspen, Co 81611 Re: Fireside Townhomes GMQS Exemption Application Dear Julie Ann: Attached hereto are nineteen additional copies of the GMQS exemption application for the Fireside Townhomes. Please note that the surveyor has revised the Improve- ment Survey as you requested. I have also attached your markup of the original survey. Please let me know as soon as the application has been certified complete and scheduled for review by the Planning and Zoning Commission. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, [ATES .ICP Attachments c:\bus\city.ltrVtr33896.j a2 230 East Hopkins Avenue 9 Aspen, Colorado 81611 9 970/925-6958 9 Fax 970/920-9310 C7 • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineer Housing Director Aspen Water Environmental Health Parks Streets Zoning Aspen Consolidated Sanitation District Aspen Fire Protection District FROM: Julie Ann Woods, Deputy Director RE: Fireside QMQS Exemption, Change in Use, Subdivision Plat Parcel ID No. 2735-124-69-005 DATE: April 16, 1997 Attached for your review and comments is an application submitted by Fireside Townhomes, LLC. Please return your comments to me no later than April 30, 1997. Thank you. OASPEN/PITKIN • PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 April 16, 1997 Sunny Vann Vann Associates 230 E. Hopkins Avenue Aspen, CO 81611 Re: Fireside GMQS Exemption, Change in Use, Subdivision Plat Case A20-97 Dear Sunny, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Design Review Committee on Wednesday, April 23, 1997 at a meeting to begin at 10:30 a.m. The applicant or their representatives are encouraged to attend. If you have any questions, please call Julie Ann Woods, the planner assigned to your case, at 920- 5100. Sincerely, Rhonda Harris Administrative Assistant • • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPT. 130 S. Galena St. Aspen, CO 81611-1975 (970) 920-5090 AGENCY REFERRAL FORM The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff evaluation, your written comments are due back to this office on Wednesday, April 30, 1997. APPLICANTS PLEASE NOTE!! Applicants or their representatives are encouraged to attend the DRC meeting to discuss the project. The DRC Meeting has been scheduled for Wednesday, April 23, 1997 at 10:30 am in the Sister Cities Room of City Hall. Planner: Julie Ann Woods Phone No. 920-5100 Fax No. (970)920-5439 Applicant: Fireside Townhomes, LLC Phone No. 925-8664 Fax No. Representative: Sunny Vann Phone No. 925-6958 Fax No. 920-9310 Location of Property: 130 W Cooper Ave. Summary of Request: Demolition of existing lodge in order to create 4 free market townhomes Residential Units: SF four (4) MF Affordable ADU Acreage /Square Feet: 18,000 s.f. FAR Ratio Allowed: FAR Proposed Zoning: Existing: R/MF w/lodge preservation overlay Proposed: same REQUESTS TO BE PROCESSED Amendments Growth Management Q.S. Site Plan Review Text Exemption Special Review Map Residential TouristAccom. Special. Planned Area (SPA) Administrative Review Office%ommercial SubdivisionPlat Insubstantial Historic Reviews Lot Line Adjustment Appeals Exemptions Lot Split Change inLlSe Minor Condominiumization Conditional Use Conceptual Timeshare ADU Final Final Plat Other Landmark Temporary Use Environ. Sensitive Area Landmark Lot Split Variance Stream Margin Review DemolitionlRelocation 8040 Greenline Review Significant w/SPA or PUD Exemption Ord. 30 Residential Review View Plane Review Planned Unit Development Exemption Conceptual Hallam Lake Bluff Final Exemption SPECIAL ISSUES: Agency Issues H. yu liew�process tre Ierl.aoc • • CHARLES CUNNIFFE ARCHITECTS 520 E. HYMAN, SUITE 301, ASPEN, CO 81611 970/920-6871 FAX 970/920-4557 LETTER OF TRANSMITTAL TO: :31ALIAN WooO 5 COMPANY: ADDRESS: DATE: y-27_-71 PROJECT: FIZE510E Toc✓NNoME5 JOB NO: ARCHITECTURE PLANNING INTERIORS REGARDING:"rjES1DENT/AL DES/w4 STAmDAILDSN' ,5u6Y11551ON QZ-&,4) EMffATS. WE ARE SENDING YOU: 6Attached Via NY HAND the following items: ❑ Shop drawings RPrints ❑ Computer Disc(s) ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change order ❑ New design project sketches DESCRIPTION: • }JEII�HDGR.FIDDID SLVC k PLhr-i 42 1: SG •SITE PLAP-1 12 I IL" = •-Srazer ELGVATION 5 L. V 16' • 1- l�" C�•tit>trNT fFoPciS�D • 11N47'D4MAIl7NI L- PAt4 Z)MMA THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval WFFor your use ❑ Approved as noted ❑ Submit copies for distribution 6 s requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review & comment ❑ Prints returned after loan to us ❑ FOR BIDS DUE 19 REMARKS: BY: 3vHN 4JtLhY160S/ RYA► -I HOFFNEtL COPY TO: THE CITY OF ASPEN MENIO FROM JULIE ANN WOODS, AICP DEPUTY DIRECTOR CITY PLANNING & ZONING �i D-'- L,c' 4A(�.q Z alai) > 3 �t 3l O�SOUTH GALENA STREET ASPEN, COLORADo 81611-1975 THE CITY OF ASPEN MEMO FROM JULIE ANN WOODS, AICP DEPUTY DIRECTOR CITY PLANNING & ZONING ID 'fie.-r—• ��-�- i c.a c�� �-e to 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 • P� PUBLIC NOTICE RE: FIRESIDE LODGE CHANGE IN USE, SUBDIVISION, GMQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 20, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Fireside Townhomes, LLC, a Colorado limited liability company (c/o Sam Houston, 620 E. Hyman, Aspen), requesting Change In Use, Subdivision and GMQS Exemption approval to demolish the existing lodge and restaurant, and to construct four free market units. The property is located at 130 W. Cooper, and is described as Lots K, L, M, N, O and P, Block 61, City and Townsite of Aspen. For further information, contact Julie Ann Woods at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5100. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 3, 1997 City of Aspen Account • L-: X" i 6 (- - i 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO APPROVE THE SUBDIVISION FOR THE FIRESIDE LODGE LOCATED AT 130 W. COOPER AVE. CITY OF ASPEN ORDINANCE No. �(kJ, SERIES OF 1997 WHEREAS, the Community Development Department received an application from Fireside Townhomes, LLC, for a GMQS exemption for a change in use and subdivision for the Fireside Lodge, located at 130 W. Cooper Ave. in the City of Aspen, more specifically described as follows: Lots K, L, M, N, O, and P, Block 61 City and Townsite of Aspen, County of Pitkin, State of Colorado; and WHEREAS, Pursuant to Section 26.100.050 C. 2. a. of the Aspen Municipal Code, a GMQS exemption for a change in use may be approved by the Planning and Zoning Commission and pursuant to Section 26.88.040 of the Aspen Municipal Code, subdivisions may be approved by the City Council; and WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated Sanitation District, Environmental Health Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, the above referenced application was legally noticed for a public hearing; and WHEREAS, during the public hearing on May 20, 1997, the Planning and Zoning Commission approved by a 4 to 0 vote the GMQS exemption for a change in use and recommended approval of the subdivision, with conditions; and i 0 WHEREAS, the Aspen City Council has reviewed and considered the proposed subdivision under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.88.040 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the proposed subdivision: General Requirements. a) The proposed subdivision is consistent with the AACP; b) The proposed subdivision is consistent with the character of the existing land uses in the area; c) The proposed subdivision will not adversely affect the future development of surrounding areas; d)The proposed subdivision will be in compliance with all applicable requirements of the land use code; 2. That the proposed land is suitable for subdivision; 3. That the applicant has been informed of the necessary and required improvements for this project and is prepared to provide the required improvements; 4. That the applicable design standards will be met; 5. That the Housing Office has concluded that no further affordable housing mitigation is required for this specific application as the proposed change in use from the existing 20 room lodge and restaurant to 4 residential units represents a significant reductio in the requirement for employee housing; and 6. That the required school land dedication requirements will be paid at time of building permit. Section : Pursuant to the findings set forth in Section 1 above, the City Council's approval of the subdivision is subject to the following conditions: 1. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat; 2. That a copy of the soils report be submitted with the final site development plans for the building permit; 3. That a drainage report and mitigation plans be completed, stamped and signed by a Colorado licensed Engineer and be included in the site development plans submitted for the demolition permit; 4. That utility meters and service connection points be accessible to service personnel and not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment be installed on an easement provided by the property owner and not located within the public rights -of -way; 5. That the cash -in -lieu payment for school land dedication be submitted at time of building permit application; 6. That the required GIS data in a digital format acceptable to the Community Development Dept. be submitted with the final plat; 7. That a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re- development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 8. That the applicant work with the Parks Dept. to determine the appropriate spacing and species for street trees and that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction; and 9. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. Section : This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the Ordinance shall be held on the 14th day of July, 1997, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1997. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this _ day of , 1997. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk g:\plamdng\aspen\cases\ordinnnceUmside • • PiR-6SIi'>E L_aE A f? L-i c. A-rt o -.l VAN N ASSOCIATES Planning Consurtants April 24, 1997 HAND DELIVERED Ms. Julie Ann Woods, Deputy Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Fireside Lode/1997 Small Lodge Conversion Lottery Dear Julie Ann: Please consider this letter an application for an allocation in the 1997 Small Lodge Conversion Lottery for the Fireside Lodge, which is located on Lots K, L, M. N, O and P, Block 61, City and Townsite of Aspen (see Exhibit 1, Land Use Application Form, attached hereto). The Fireside Lodge's physical address is 130 West Cooper Avenue. The application is submitted by the prospective purchaser of the property, Fireside Townhomes, LLC, a Colorado limited liability company (see Exhibit 2, Title Insur- ance Commitment). Permission for Fireside Townhomes, LLC, to submit the application has been granted by Peter and Monica Mocklin, the property's current owners (see Exhibit 3). Permission for Vann Associates to represent the Applicant is attached as Exhibit 4. A vicinity map depicting the location of the fireside Lodge is attached as Exhibit 5. As you know, the Applicant received an allocation for four, 4-bedroom, residential dwelling units in the 1996 Small Lodge Conversion Lottery. An application for a growth management quota system exemption and subdivision approval for the development of the four units as the Fireside Townhomes has been submitted to the City and is presently awaiting review by the Planning and Zoning Commission. This application requests an allocation for two additional bedrooms which the Applicant may elect to incorporate within the project. The successful receipt of the requested allocation will allow the Applicant to provide two of the Fireside Town - homes' four units with an additional bedroom in the event a prospective purchaser wishes to convert a portion of his unit's non -bedroom space (e.g., recreation area, office, etc.) to a sleeping area. In the event that one or both of the additional bedrooms is not incorporated in the project within the applicable time limit, the 230 East �iookins avem,;e • .1scen. Colorado 81611 9 970/925-6958 • -ax 9 0,1920-9310 Ms. Julie Ann Woods April 24, 1997 Page 2 allocation will be forfeited and available for award in a future lottery as provided for in the Land Use Regulations. The award of two additional bedrooms to the Fireside Townhomes will have no material affect on the project's existing design or on its compliance with the applica- ble requirements of the R/MF zone district. As the attached table from the Fireside Townhomes' GMQS exemption application indicates (see Exhibit 6), sufficient lot area exists to accommodate two additional bedrooms for density purposes. The inclusion of the additional bedrooms will not increase the project's floor area or off- street parking requirement. In addition, no change in the project's external architec- tural design or building footprint will be required. The only changes that would occur would be in the internal configuration of the affected units. Under the circumstances, such changes would not ordinarily be subject to regulatory review. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VA1, ASSOCIATES � unny V'n, AICP SV:cwVJ Attachments cc: Sam Houston Arthur C. Daily, Esq. c:\bus\city.app\app33896.10t 3) q) 6) a EXHIBIT 1 P_ 4) :cc Size =7t-- c:ff �j=t `r-'t nn (FIB =e=-3L': tt - Q^or--' �Or !a WAC w �=za . 7 'C -zas ( ar"'`'CZ the faI z- 2 , '�j �-�, -�-, tea; ss rs, cam_ TSE? t= 3, crca� C=r,=== EXHIBIT 2 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 3 and to the Conditions and Stipulations hereof. This Commitment shall be effective oniv 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 or such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the efrective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or ooiicies is not the fault of the Compan%. This Commitment shall not be valid or binding until countersignec by an authorized officer or agent. IN WITNESS WHIR -`OF, 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, ail in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." Countersigned FORM 27.83-66 (9194) ALTA COMMITMENT . 1966 Fidelity Na tiorral T tle lnsurarx�ke- Company 3Y 1 `O :SEALS President o Ai?=3 i �! sacstlary Valid Only if Schedule A and B are Attached The conditions of this commitment require that the premium and charges iae paid prior to the issuance of the title policy(s). Therelore. no policy(%) will be issued until the charges have been remined to the issuing agent 412AFMT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 10/01/96 at 08:30 A.M. Case No. PCT11298 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 2,600,000.00 Premium$ 4,824.00 Proposed Insured: Rate:STANDARD SAM� HOUSTON (b) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured. 'Rate: Ta:: Certi=_cite $20.00 T4-`1 e to the FEESIM==_ est._te or interest in the land described or re -erred to in th _s Comm _tme:=t is at the e==ective date her ec-Iff vested in: ?ETER MOCKLIN and MCNICA MENGA MOCKLIN 4. The land re_erred to in=_s Commitment is situated in the County o: PITKIN, State of COLO::-_DC and _s described as follows: LOTS K, L, M, N, 0 _NTD P, BLOCK 61, CITY AND TOWNSI E OF ASPEN. COUNTY Or PITKIN, STATE OF COLORADO. ISSUING COMPANY: _ =DELIT'_' NATIONAL, TITLE INSURANCE COMPANY Or C .LIF0 7. By: 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 4? SCHEDULE H - SECTION 1 REQUIREMENTS The following are the recuirements 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) Proner instruments) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Re -recordation of Deed recorded January 8, 1996'as Reception No. 388956 from Peter Mocklin to Peter Mocklin and Monica Menga Mocklin, to show City of Aspen Real Estate Transfer Tax Stamp or Exemption. 2. Deed from PETER MOCKLIN and MONICA MENGP_ MOCKLIN To SAM HOUSTON 3. Evidence sat! Sfactcry to the Company that the Real Estate Tra_^.S_er `fax as establ_shec by Ornance No. 20 (Series of 197,) and Ordinance No. 13 (Series c= 1.90) as been pa4d cr exempted. _ CerCate 0= � ncrfcre4an status exec,_-_ ed w -_^e t=3_ fir^,'_"._. S _nst=�ment is not recu_ -d to be recorded) �vide_^_ce says=actor:✓ tO the Company �:=,at the Dec_ara=_or_ Ct Sa_e, Notice to County mssesscr as rec,,L_red by H.B. iCSo Has Cee_^_ C:rm^__ed _4 ;r- r;me_^.t =s not rec_ Yy r-. to oe =ecc-ded- buzz must oe S,. o and reta_ne� : v _-!e Assess0_s C__-Ce_:?�_"_e CJ'_:_. :✓ __^. wI.__th e -^Der ✓ is S__ua_=d; n CCmn �t1Cn Ci ~Crm DR ..079 ' ea ar---nc ,.he w4 thC! dines of CO_Orado Tax cn the sale by certain oersors, corpc=at_ons and f_rrns sellinc Real Pr --De" =v in the State C= Colorado. (-_Inis instrument is not required to be recorded) r • • SCHEDULE B SECTION. 2 EXCEPTIONS The poILCv or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: _. 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, enchroachments, ary facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. a. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposes by law and not shown by the public records., S. 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 Dr_Or to the date t e proposed insured ac:_u+res of record for value the estate or interest cr mortgage thereon covered by =his=ommitment. 5. :'axes due and payable; and any tax, special assessment, �:arge or lien it poses -or water or sewer ser-_ce or for any ctner specia= taxing dist___t. t^nS 3.G excep0ns as se ._:_. _n th Q eeas __0m tne C_4v ReSe_Jaaz ?aCc 211, and ^'= rec0r ed 1n3c^1{ ' at pa-e 00k Bock "'9 at ?ace 28 o-cv,__nc as=ci_ows� "That no t__le shall be here'-v ac-'r1__=C .0 m1ne O: C^r_G, S__ve , c= nnaiGr or c.^.DDe_ or `0 G^v va n T_----'g -a-� .. possess__he_c under ex; sti na laws" . . - - CO�lmi `.merit is inva__ '1^:ASS SC'.^.ec'.:-'e 3-Sec:icn. 2 =nsu_^.c_ P_cv=s_cns = :c Schedu-es C:,mrr,_cnent Ne. PC'l'� _29S A, and 33 are attaa ed. )IT 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: (I) The Deed of Trust, i= any, required under Schedule B-Section i. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO 3E ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity snail notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) Of that _:::-e entity's general requirements for the deletion of an exception or exclusion to coverage relating to un.filed mechanics or materialmens -_ens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory aff�aavit and agreement indemnifying the Company against _ed mec.ar-_cs' and/or Materialmen's Liens executed by _he oeYsons indicated in the attached copy of said affidavit must be� turn' shed Company. Upon receipt of these _..ems and anv Others reC'_L-cements to me snecled by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's p014 Cy Wn_e _�S�.eQ. �_�'-Se C^.nt3C� 1-ie I—ommanv for urther informal_..._ . Nctw_=hstand� nc the _ rig"_^g, not: _ng contained ;^ this _-r-gray:. shall be deemed to impose any rec�-reme_n-_ -Uoon_ an. ____e insure_ to provide mechanics; cr materialmen_c s lien verace. NOTE. =f -he company c=nd'.:cts t:^.e owners' cios�nc under c_rcUmst aces wr_ere is =es=ons=ore -or _he -ecor=_ng or filing o= le --a- documents =rom said transaction, the Comoanv_ wit_ be deemed to :lave provide^: "Gap Coverage" . Pursuant to Senate -- ----1 (CRS (a) The Su^- =` lea_ '_fir :per-y may be located _-' a Special Ta::=nC (b) A Cer`-cate _ Taxes :Due 1_st�ng each ta.:=ng jurisdiction may be obtained form the County treasurer of the County Treasurer's Authori-ed Acent; - (c) Tregardingat_on 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 t:^.e 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 Po1ic;✓ anticipated by this Commitment. This commitment is inva_id unless Schedule S-Section 2 the Insuring Provisions and Schedules Commitment No. PCT11298 A and 3 are attached. • 0 EXHIBIT 3 Aspen/Pitidn Community Develop_ meat Department 130 South Galena Sit Aspen, CO 81611 Re: Authorrzaron to Submit Small Lodge .A,�-piicgnons Ladies and Gentlemen: Please consider "his '.ette: authorizadon for Sam Houston andi or his aut orZ-., representatives to subr-1 It _ Sm.-:It Lode Conversicn L ot.e-i and a S—L ai? ? od e Caar.ae in Use AppLcadon for :.e propery at 130 West Cooper Avenue, Lots K. " . N1. ti, O and P; Block 6I, City arc :.ow^site or Aspen, Commoniv town as the =fireside L;,c,e. Houston and/or his represer. ati•'l es are hereby auLi o—; =m act on our be::a f w•it<`i respect to ar matters r�esonabiv pe-�air.ir_ :o the a ore:.�entione appiic Hors, and we �ereb� ein as ;o- aD-clicants uP. such a;�pLca crs. Daiz: November _. 1996 • 0 EXHIBIT 4 Aspen/Pitldn Community Develo_oment Department 130 South Galena Street Aspen, CO 81611 Re: Permission to R-orPse^.t Ladies and Gentlemen: Pie se consider this letter authori=don for .r.:ur C. Dai1,�, Esc., or ��oi nd 3�: LLP, a-nd/or Sunnv Varn of Van.-i ASSOC.ates, to .eprrsem '1s in to processing, or ou S.—,,ZL Lodge Conversion Lottery Application. and our Srnail L oaQe Change.r. � se A�Tlicadon property at 130 West Cooper Aver.,-,e, _ots , L. '.14, N. O =,-4 P, 31oc` c i, Cay ar,c . ow^site of Aspen, commonly _-mown as :: e =-wide Lodge. tiL-. Da y and/or tiL-. `'ann a:e hereby authorized to act on our Oe:.2-1= to it rna:.ers r"..: scriaD1V per zTnL to tt:e aforernentioned aoodcadors. Ji%cer�ivi �Lizx z Sam-iouston and; or assiz::s Date: November 1 9�c EXHIBIT 5 AMrt oniviv a, � _Erma= :3 y•� I ..a ... �urt>♦S .<.uvno� swa7/Ijo agsV of qwJ alpr� n� s _ IC _— -z _ - W +lunaj I—S $_ _ soot - cMK ;nna �nnl iMll '001 vGoz �nnt Jt zil - n naaauuiyCd ED wl - 7_ V • _ _ 1 r Jotonq f r....•H aaPtia Z::/JVZI �1214 sNp ji _ �Il zl Yrudg - 710 � 'i�� i .ODr SOrC r SOrt 500i u V�rr!iup — Z_ of- C7 • EXHIBIT 6 1 2. 3. 4 VA E E:dsting Zoning Table 1 DEVELOPMENT DATA Fireside Townhomes Total Site Area (Sq. Ft)` Minimum Required Lot Area/Dwelling Unit (Sq. Ft.) vlulti-Family Units with more than 3 Bedrooms Minimum Required Lot Area (Sq. Ft.) 4 - 4 Bdrm. Units @ 1,000 Sq. Ft./ Bedroom Minimum Required Setbacks (Feet) Front Yard' Side Yards Rear Yard Proposed Setbacks (Feet) Cooper Avenue Front Yard First Street Side Yard East Side Yard Rear Yard .vfa.,,dmum Allowable F- ternal Floor Area @ 1:1 (Sq. Ft.) Proposed Floor Area (Sq. Ft.) Basement Ground Floor Second Floor Minimum Required Open Space @ 35 Percent Lot Area (Sq. Ft.) 16 RNEF, Residential/Multi-Family, Lodge Preservation Overlay 18,000 1,000/Bedroom 16,000 10 10 16 s.5 6.5 10 18,000 17,930 660 8,520 8,750 6,300 • • 10. Proposed Open Space (Sq. Ft.) 6,400 11. Minimum Required Parkin; @ 2 Spaces/ 8 Dwekling Unit 1-'. Proposed Parking Spaces 8 L Ail square footages have been rounded to the nearest ten square feet. On a lot bordered by two intersecting streets, the owner may choose which yard is to be considered the front yard. The remaining yard bordering a street may be reduced by one-third of the required front yard setback. APR 2e '97 09:34AM ASFr°'-40USING 0171- MEMORANDUM TO: Julie Ann Woods, Ccrnmurnty Development Dept. FROM: Cindy Christensen, Housing Office DATE: April 28, 1997 RE: Fireside GMQS Exemption for a Change in Use Parcel 1D No. 2735-124-69-005 P.I A. ISSUE: The applicant is requesting an exemption to convert a 20-unit lodge with a 3,500 square foot restaurant into four townhomes. The four townhorras are to contain four oadrooms, five and one -halt baths, and approximatery 6,500 square feet of !ivaole area including a basement. BACXGROUND: Ax=rcing to the City of Aspen Municipal Code. Section 26.100.050, D, 2, a: Change in uselrodge expansion. A change in use of any existing structure previously zoned Lp to either commercial/office or residential use, or the expansion of an axisting lodge previously zoned LP shell be exempt from growth management competition and scoring pros odures, provided that the fcWwing condltions are met: (1) The Planning and Zoning Commission determines in a public hearing that employee housing or cash-in-Jieu gill be provided to mttlgate for additional employees generated by 'he change in use or expansion. This shall Include an analysis and oredn for existing employee housing and the incremental impact between the existing moo and the proposed conversion; The calculations the applicant has provided for employee mitigation are accurate. Therefore, no additional mitigation is required. REC0MME%Qk110N: The Housing Office agrees mth the applicant that no further mitigation is required for this specific application. ,r.%�2n �Ol?SO110'Qf2a VQ121fQf1�J1sfrrcf 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 FAX #(970) 925-2537 Sy Kelly • Chairman R E C ' IV E D Michael Kelly Paul Smith • Treas. Frank Loushin Louis Popish • Secy. AP1g47 Bruce Mathedy, Mgr. B � 5 April 22, 1997 Juile Woods Community Development 130 S. Galena Aspen, CO 81611 Re: Fireside Subdivision Plat Dear Julie: ASPEN / PIT , 4 COMMUNITY DE,, �­JPMENT The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this project. We do have some downstream constraints, in the collection system, which will be eliminated through additional fees that we are charging new development in this area. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The existing service line will need to be abandoned according to our line superintendent's specifications. The new units could be served by four individual service lines. If any other configuration is being considered, shared service line agreements, and our line superintendent's approval, would be required. We would like to see the detailed mechanical plans when they become available in order to review the service line configurations. All on site run-off and clear water connections must be directed to dry wells. This would include trench drains for garages, foundation drains, garage floor drains, and roof drains. We would request, as a condition of approval, that tap permits be completed prior to the issuance of a building permit. Total connection charges can be estimated once detailed plans are available. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 - 1986 - 1990 Regional and :National MEMORANDUM To: Julie Anne Woods, Deputy Community Development Director Thru: Nick Adeh, City Engineer / From: Ross C. Soderstrom, Project Engineer /AJ Date: May 9, 1997 (Final version of May 1, 1997 response) Re: Fireside Townhomes GMQS Exemption, Change in Use, & Subdivision Physical Address: 130 West Cooper Avenue, Aspen, CO Legal Description: Lots K, L, M, N, O, & P, Block 61, City and Townsite of Aspen, CO After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Curb, Gutter & Sidewalk: The property owner has proposed constructing or repairing (as appropriate) curbs, gutters and sidewalks along the two street frontages of West Cooper Avenue and South 1 st Street. To the extend possible the sidewalk should be detached from the back of curb to provide a separation between the pedestrian walkway and the vehicle travel way. This area is recommended to be at least five (5) ft in width for snow storage and to be viable as a landscaped median. This median also provides space for the opening of vehicle doors without obstructing the sidewalk. With the exception of the spruce, and possibly the double quaking aspens (as listed on the Improvement Survey. Schedule of Trees, items 27 and 1), the sidewalk may be detached from the curb for the entire street frontage of W. Cooper Avenue. Similarly, the sidewalk may be detached along the entire street frontage of S. 1st Street by relocating the small diameter aspens (3) and spruce trees (2) to the median space between the back of curb and sidewalk. A wider landscape median would be preferable to provide more space for the trees in the median. The terminus of each sidewalk should align vertically and horizontally with the sidewalks or pedestrian useable space on the adjoining properties to either side of the subject property. A representative from the Parks Dept. has scheduled a site visit with Sunny Vann for the week of May 5, 1997 to evaluate the impact to the trees. The Parks Dept. will then provide a memo further discussing the impacts to the trees. Due to the existing geometry of the intersection corners, two (2) directional handicap ramps are required at the northeast corner of W. Cooper Avenue and S. Ist Street so as to direct pedestrians into the cross -walk area on either leg of the intersection rather than directing them into the intersection between the cross -walks. 1 OF 3 DRCM0997.DOC Memo - Fireside Townhomes GMexemption. Change in Use, and Subdivision • The depressed curb at the existing curb cuts should be replaced with standard 6' vertical curbs when the driveways fronting on the two streets are removed. 2. Alley & Apron: At present, the alley itself is not paved (only parking against the building itself) and should remain unpaved although topping with a two (3) inch lift of crushed, screened rock would reduce the dust while preserving the infiltration qualities for absorbing surface drainage. ' A reinforced thickened section (6") apron and sidewalk is recommended at the westerly end of the alley on to S. 1 st Street. 3. Utilities: Distribution and collection lines and mains for each of the utilities are in place in the rights -of -way surrounding the property. As such, each unit should be provided with individually metered service lines although single or multiple taps into the distribution and collection lines and mains may be required by each of the utilities. Sizing and coordination of the water service lines shall meet the requirements of the city Water Department and the Fire Marshall. If the existing telephone and/or cable TV pedestals located in the alley are relocated, they shall be replaced in easements provided by the property owner. The proposed site plan provides areas along the alley frontage where this may be accommodated. There are two (2) telephone and cable TV pedestals on the south side of the alley adjacent to the subject property located approximately at each end of the northerly corners. Utility meters and service connection points must be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided. by the property owner and not located within the public rights -of -way. 4. Site Drainage and Erosion and Sediment Transport Control: The new development shall not release more than historic storm run-off flows from the site and any increase in historic storm run-off flows must be first routed and detained on the site. A copy of the soils report must be submitted with the final site development plans for the building permit. A drainage report and mitigation plans completed, stamped and signed by a Colorado licensed Engineer shall be included in the site development plans submitted for the demolition permit. The report shall include analysis and calculations of the pre- and post -development flows generated by the site for a 5-Year return frequency; grading and site plan coordinated with the building footprints, easements, and landscaping plan; details and explanation of the techniques to be used to control erosion and sedimentation transport during and after construction; and construction details of the plumbing and drywell or other detention/retention system components. 2OF3 DRCM0997.DOC ' Memo - Fireside Townhomes GA.'emption. Change in Use, and Subdivision • 5. Street Lighting: Street lighting was not addressed in the written application nor shown on the Improvement Survey nor proposed site plan for the development. The electrical superintendent will review the site and provide a subsequent recommendation. Single globe, antique -style street light standards are the typical street light fixture installed in this area of the city. 6. Improvement Districts: The property owner shall be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights - of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat. 7. Subdivision Plat & Agreement and Condominium Plat: A subdivision plat and agreement shall be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re -development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 8. Future Reviews of Site Design and Development: The preceding comments and recommendations are based upon the conditions proposed in the submitted site plan (revision date 02/28/97). If these substantially change, particularly site grading, drainage, building footprint(s), or placement of building footprint(s), the proposed development should be reviewed again by the Engineering Dept. to verify the recommendations against any subsequently proposed revisions to the site conditions. 9. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 3OF3 DRCM0997.DOC 0 • �, k, bk -o MEMO To: Julie Ann Woods, Deputy Director From: Ed Van Walraven, Fire Marshal Subject: Fireside Parcel ID #2735-124-69-005 Date: April 29, 1997 Julie, As per our conversation this project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to the installation of an approved automatic fire sprinkler system. Also, as we discussed at the DRC meeting, if any units are added to the project then an fire alarm system will be required. Please call me if you have any questions. Thank you, EdL� ]i•-h. 6, t E MEMORANDUM To: Julie Ann Woods, Deputy Director From: Nancy MacKenzie, Environmental Health Officer Date: May 2, 1997 Re: Fireside GMQS Exemption, Change in Use, Subdivision Plat Parcel ID No. 2735-124-69-005 The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device." Wastewater disposal for this parcel is already provided through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) which meets the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle any increased flow for the project should be determined by the ACSD.. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." This parcel is already served with potable water from the City of Aspen system which is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. WATER QUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. This application is not expected to impact down stream water quality. AIR QUALITY: Sections 11-2.1 "It is the purpose of (the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the 1 City..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major concern of our department is the impact of increasing traffic in a non -attainment area designated by the EPA. Replacing the 20 unit lodge and 3,5000 square foot restaurant with four dwelling units will actually decrease traffic in the non -attainment area. Therefore no mitigation of air quality is required by this department. FIREPLACE/WOODSTOVE Environmental Health of Pitkin County whic woodstoves (or 1 of building. h PERMITS The applicant must file a fireplace/woodstove permit with the Department before the building permit will be issued. In metropolitan areas includes this site, buildings may have two gas log fireplaces or two certified each) and unlimited numbers of decorative gas fireplace appliances per FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. DEMOLITION Prior to demolition the applicant should have the building tested for asbestos, and if any is present, should consult the Colorado Health Department regarding proper removal. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 2 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR A GMQS EXEMPTION FOR A CHANGE IN USE AND RECOMMENDING APPROVAL OF THE SUBDIVISION FOR THE FIRESIDE LODGE LOCATED AT 130 W. COOPER AVE. CITY OF ASPEN Resolution 97- al WHEREAS, The Community Development Department received an application from Fireside Townhomes, LLC, for a GMQS exemption for a change in use and subdivision for the Fireside Lodge, located at 130 W. Cooper Ave. in the City of Aspen, more specifically described as follows: Lots K, L, M, N, O, and P, Block 61 City and Townsite of Aspen, County of Pitkin, State of Colorado; and WHEREAS, Pur-,uant to Section 26.100.050 C. 2. a. of the Aspen Municipal Code, a GMQS exemption for a change in use may be approved by the Planning and Zoning Commission and pursuant to Section 26.88.040 of the Aspen Municipal Code, subdivisions may be recommended to the City Council for approval by the Planning and Zoning Commission; and WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated Sanitation District, Environmental Health Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, the above referenced application was legally noticed for a public hearing; and WHEREAS, during the public hearing on May 20, 1997, the Planning and Zoning Commission approved by a 4 to 0 vote the GMQS exemption for a change in use and recommended approval of the subdivision, with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission that the GMQS exemption for a change in use and the removal of the LP Overlay on the subject property is hereby approved, and the subdivision is recommended for approval to City Council, subject to the following conditions: 1. That the Environmental Health Dept. receive and approve a fireplace/woodstove application before approval be given for a building permit; 2. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat; � CoOO Doo y�. 0�98 X.33x 2 �-�SS `.►. Sad a���mo k .off x ,33 xZ 4-?34.4.0 ') `5 ? 2 .9 3. That the required ASCD tap permits be completed prior to the issuance of a building permit; 4. That the existing service line be abandoned, and that the new units be served by four individual service lines. If any other configuration is considered, shared service line agreements and superintendent approval would be required; 5. That a copy of the soils report be submitted with the final site development plans for the building permit; 6. That a drainage report and mitigation plans be completed, stamped and signed by a Colorado licensed Engineer and be included in the site development plans submitted for the demolition permit; 7. That utility meters and service connection points be accessible to service personnel and not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment be installed on an easement provided by the property owner and not located within the public rights -of -way; 8. That the cash -in -lieu payment for school land dedication be submitted at time of building permit; 9. That the required GIS data in a digital format acceptable to the Community Development Dept. be submitted with the final plat; 10. That a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re- development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 11. That the project include the installation of an approved automatic fire sprinkler ' system; 12. That the applicant work with the Parks Dept. to determine the appropriate spacing and species for street trees and that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction; and 13. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. 14. That if the two additional bedrooms allocated through the May 6, 1997 Small Lodge Lottery are not used within 18 months of the May 6th date, then those two bedrooms will revert back into the lottery allocations for subsequent competition. APPROVED by the Commission at its meeting on May 20, 1997. Approved as to Form: (D,- _L"�_ City Attorney ' • Attest: J ie Lothian, Depu City Clerk gAple ing\aspmvms.dx\pdczT—id Planning and Zoning Commission: zap ,�/" Sara Garton, Chairperson • • PLANNING & ZONING COMMISSION MAY 6, 1997 Sara Garton respectfully disagreed with RFTA and the MAA being in compliance with the conditions. She said there has not been a concerted effort to go to smaller vehicles. She noted the lighting has not gone in and the measures are not been forth coming. Garton wanted to see the MAA lease a fleet of smaller vehicles for 9 weeks a year. She said the non-profit should contribute to the infrastructure of this community. MOTION: Roger Hunt moved to continue the Aspen Meadows/West End Traffic Mitigation meeting to a date certain of May 13, 1997 at 4:30 p.m. Steve Buettow second. ALL IN FAVOR, APPROVED 5-0. NEW BUSINESS: Julie Ann Woods, Community Development Deputy Director, presented the Fireside and Alpine Lodge lottery. Sara Garton said the commission read the memo. She asked if the lottery will roll over. Woods said unless Council feels that growth was too fast, then the lottery will automatically roll over. MOTION: Roger Hunt moved to accept the staff memo for the small lodge lottery and recommend the allocation of two additional bedrooms for the Fireside Lodge and four lodge expansion units for the Alpine Lodge as requested affirming that the conditions have been met. Marta Chaikovska second. ALL IN FAVOR, APPROVED 5-0. MOTION: Roger Hunt moved to adjourn at 6:50 p.m. until May 13, 1997 at 4:30 p.m. ALL IN FAVOR, APPROVED 5-0. ckie Lothian Deputy City Clerk • STAFF AND COMMISSION COMMENT: Stan Clauson said the request for street lighting was at 2 intersections. He noted (from Bill Early, Electric Department) the difficulty was in placing a street light at 4th and Gillespie. He stated the walk way should serve as a dispersal for the pedestrians from 3rd and Lake to the Physics Building. He noted that no trees would be disturbed. Clauson commented the street width vacation for the rights - of -way will not happen without response from the public. He did not feel the MAA brochure with the bus routes on 3rd an 5th should rule the decision of bus routes for this season. Roger Hunt asked what the Electric Department plan was in bringing it up to standard. Sara Garton asked how soon the lights would be placed. Clauson replied the remedy would be to place the lights at 4th and North. He said it was hard to say when the light would be place. Barbara Umbreit stated the City lighting policy was not to implement lights where we see fit but the process is by petition from the neighborhood. She said the annual budget was $25,000. She commented that for as many people who want the additional lights, there are just as many that do not. Marta Chaikovska noted there were many new things happening in town and the West End traffic problems will only get worse. She said they have only heard how this experiment will not work because of so many problems but not how it could work. She appreciated RFTA's concern but how can RFTA make this work and how can smaller busses be bought or leased. She stated this was a City and resort issue and this neighborhood is part of it. Steve Buettow wanted to see more specific plans for the bus stop and cueing busses. Garton said this was only a recommendation. Dave Johnston noted that any experiment would be pushed back and felt that no experiment could happen this summer. Clauson did not see how this could -be advanced toward the experiment this year. He said the Street Department recommendation for repaving 6th Street prior to using it as an alternate street for bus traffic would delay for this year. Clauson did not see the addition of more information before the next meeting being of value. 8 0 0 CHARLES CUNNIFFE ARCHITECTS 520 E. HYMAN SUITE 301 ASPEN, CO 81611 PHONE (970) 925-5590 FAX (970) 925-5076 MEMORANDUM RECEIVED ARCHITECTURE I\I i 1 4 097 PLANNING DATE: May 14, 1997 ASPEN! PITKIN INTERIORS TO: Julie Ann Woods COMMUNITY DEVELOPMENT Planning Department City of Aspen FROM: John Galambos RE: Changes to sheets A]. 1 and A2.1 to reflect City's comments on Fireside Townhomes. The changes to sheet Al. I reflect discussions I had with Nick Adeh of the City Engineering department, Rebecca of the City Parks Department and City Electrical Department. The r Sidewalk has been moved 5 feet from the curb to accommodate the comments by Engineering. The sidewalk has been jogged in places so as to not disturb existing mature trees. We have added two handicap curb cuts on Cooper and First. We have shown a 6" thick concrete apron where the alley meets First street. We have shown the existing telephone pedestals are to be relocated The Street lamp shown at the corner of First and Cooper conforms to the City's requirement. The final location will be coordinated with the Electrical Department. The trees that to be removed and are greater than the required caliper size will be mitigated with new trees of like species that will have a total caliper size equal to the trees that are being removed. The caliper will be measured four feet above the ground. Several trees will be relocated. The changes to sheet A2.1 reflect the change in the lightwells to the western most unit. We have moved the egress to the North and have minimized the West lightwells so they do not project beyond the face of the upper level projection. I have enclosed four copies of Al. I and A2.1 for your review. p` r �0 Vv `� S11 1/9 CC: Parks Dept., Engineering Dept., Electrical Dept, Sonny Vann, File MRY 20 '97 01:iSPM VANN SUMMUn COCK P.1 VANN ASSOCIATES PLANNING CONSULTANTS 230 EAST HOPKINS ASPEN, COLORADO 81611 TELEPHONE: (303) 925--6958 FACSIMILE: (303) 920-9310 PROJECT NO: 33096 DATE: 5/20/97 FAX NO: 920-5139 TO: Julie Ana Woods FROM: Sunni vgjm NUMBER OF PAGES INCLUDING THIS ONE: � 2 _ [ ] ORIGINAL MAILED [X] ORIGnML NOT MAILED NOTE: ------------- - MAY 2O '97 01:18PM CNN SUMMERS COOK. P.2 0 * IK b MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Community Development Direct FROM: Julie Ann Woods, Deputy Directo DATE: June 9, 1997 RE: Fireside Lodge Townhomes-- Subdivision SUMMARY: The applicant requested a GMQS exemption for a change in use to change the use of the existing Fireside Lodge from twenty (20) lodge units, an approximately 3500 S.F. restaurant, and an outdoor swimming pool to four (4) townhouses (residential use) of approximately 6500 s.f. each. This request was approved by the Planning and Zoning Commission at their meeting on May 20th. The applicant is now coming before the City Council requesting approval of the subdivision which is required for land to be used for condominiums, apartments or any other multi -dwelling units. APPLICANT: Fireside Townhomes, LLC, represented by Sunny Vann. LOCATION: The property is located at 130 W. Cooper Ave. ZONING: The property was recently rezoned to R/MF by the City Council as part of the Lodge Preservation Rezoning on February 10, 1997 (Ord. No. 2, Series of 1997). It was previously zoned LP Lodge Preservation. EXISTING LAND USE: An existing three-story, twenty (20) unit lodge with an approximately 3500 S.F. restaurant, and an outdoor swimming pool. LOT SIZE: 18,000 s.f. (six city lots). REVIEW PROCESS: The GMQS exemption for change in use for small lodges (thus removing the LP Overlay) was a one-step process before the Planning and Zoning Commission. The Subdivision requires a hearing before the Planning and Zoning Commission, which was held on May 20th, and a hearing before the City Council, which staff recommends be scheduled for July 14, 1997. BACKGROUND: The Fireside Townhomes application originally consisted of four (4) four -bedroom units. However, at the May 6, 1997 Planning and Zoning Commission meeting, two additional bedrooms were allocated to this project under the small lodge lottery program. The application has been modified to allow 2 four -bedroom units and 2 0 five -bedroom units. The floor plans have not been modified to indicate the additional two bedrooms because the bedrooms will replace existing square footage within the building footprint. DISCUSSION: Subdivision Review Under the city's land use code, any land to be used for condominiums, apartments or any other multi -dwelling units... is considered a subdivision and is required to submit a subdivision plat for review by the city engineer, approval by the City Council and recordation in the County Clerk's office. There are six review standards for all subdivision plats that must be met: General Requirements. a. The proposed subdivision shall be consistent with the AACP. One element of the AACP is to provide incentives for small lodges. Since the adoption of the plan, the City Council has adopted Ord. 29, Series of 1996 which addresses the concern of making the lodges economically viable. The Fireside Lodge was awarded four (4) four -bedroom residential allotments through the small lodge lottery in November 1996, two additional bedroom allocations in the May 1997 lottery, and has been approved for the change in use to secure these allotments. The location of this development lends itself to limiting use of personal vehicles and encourages use of mass transit and walking to downtown. Another policy of the AACP is to "maintain design quality and compatibility with the historic features of the community". In conjunction with this application for a change in use, the applicant is proposing architecture which, with some minor modifications, meets the Ord. 30 residential standards. Staff believes that this proposal is consistent with the policies of the AACP. b. The proposed subdivision shall be consistent with the character of the existing land uses in the area. The existing area is primarily multi -family residential land uses; the proposed multi -family townhomes will be consistent with the area's character. c. The proposed subdivision will not adversely affect the future development of surrounding areas. The proposal should have no adverse affect on the immediate area and should actually have less impacts than the existing lodge and restaurant use. d. The proposed subdivision shall be in compliance with all applicable requirements of this title. Though the final plat has not yet been prepared, the proposed site plan indicates the standards of Title 26 will be met. N 2. Suitability of land for subdivision. The project is located on existing platted Townsite lots. The site is flat and is served by existing utilities. The site is suitable for subdivision. 3. Improvements. The applicant has been informed of the necessary and required improvements for this project and is prepared to provide the required improvements. 4. Design Standards. The applicable design standards will be met. An ornamental street light will be placed at the intersection as required by the Electric Dept. Though the applicant is showing more than the required trees for this project, the subdivision regulations require a minimum of "at least two (2) such [street] trees shall be provided for every lot in excess of seventy (70) feet frontage." These trees should be planted in the parking strip between the back of curb and the sidewalk. The applicant should work with the Parks Dept. to determine the appropriate spacing and species for these street trees. Parks has also requested that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction. In addition, new sidewalks, two handicap ramps, an alley apron, the relocation of a utility pedestal and pole and new replacement curbing will be provided to meet the design standards as shown on the revised site plan. 5. Affordable Housing. The proposed change in use from the existing 20 room lodge and restaurant to 4 residential units represents a significant reduction in the requirement for employee housing. There is no established formula for the generation of employees for conversion to residential units, however, the Housing Office has concluded that no further mitigation is required for this specific application (see Housing Referral, Exhibit A). 6. School land Dedication Standards. School land dedications shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. Cash -in - lieu payments may be made based on the following formula: Market Value of land x applicable land dedication standard (based on # of bedrooms) x .33 Based on the two four -bedroom units and two five -bedroom units, the cash -in -lieu payment would be $22,822.80. This amount will be required at time of building permit. The applicant has requested that the preparation of the final plat be delayed until after City Council review of this project. A condition of approval should be that a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All of the conditions of approval should be included in the final plat which meet city and state codes regarding subdivisions.. This plat should be recorded prior to issuance of permits for demolition and re -development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the 3 0 Certificate of Occupancy. In addition, the required GIS data in a digital format acceptable to the Community Development Dept. must also be submitted. OTHER ISSUES: All required public facilities are located within W. Cooper Ave., First Street, or the alley. Services for the lodge have been in place for several years. The change in use will place less demand on services then the existing 20 unit lodge. The Aspen Consolidated Sanitation District has indicated that they have the capacity to serve this project, but that the existing service line will need to be abandoned, and that the new units could be served by four individual service lines. If any other configuration is being considered, shared service line agreements and superintendent approval would be required. All on -site run- off and clear water connections must be directed to dry wells. The ASCD also requests that tap permits be completed prior to the issuance of a building permit (see attached ASCD Referral, Exhibit B). These were placed as conditions of the GMQS Exemption approval. The Engineering Dept. has indicated that " A copy of the soils report must be submitted with the final site development plans for the building permit. A Drainage report and mitigation plans completed, stamped and signed by a Colorado licensed Engineer shall be included in the site development plans submitted for the demolition permit." In addition, "Utility meters and service connection points must be accessible to service personnel. ..and not obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located within the public rights -of -way." (See attached Engineering Referral, Exhibit C). The Fire Dept. has indicated that the proposed building will require an automatic sprinkler system (see attached Fire Dept. Referral, Exhibit D). This was also placed as a condition of the GMQS Exemption approval. The Environmental Health Dept. has indicated that they anticipate a reduction in traffic generation and therefore does not require additional air quality mitigation. The property owner will be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement must be executed and recorded concurrent with the final subdivision plat. The applicant is also advised that they must receive approval from the Engineering Dept. for design of improvements, including landscaping, within public rights -of -way, parks dept. for vegetation species, and streets dept. for street and alley cuts, and shall obtain permits for any other work or development from the Community Development Dept. The applicant is advised that it is prohibited to plow snow from private property into the alley or street. 4 RECOMMENDATION: Staff recommends approval on first reading, and the scheduling of the public hearing on July 14, 1997 of the Subdivision for the Fireside Lodge, 130 W. Cooper Ave., subject to the following conditions: 1. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat; 2. That a copy of the soils report be submitted with the final site development plans for the building permit; 3. That a drainage report and mitigation plans be completed, stamped and signed by a Colorado licensed Engineer and be included in the site development plans submitted for the demolition permit; 4. That utility meters and service connection points be accessible to service personnel and not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment be installed on an easement provided by the property owner and not located within the public rights -of -way; 5. That the cash -in -lieu payment for school land dedication be submitted at time of building permit application; 6. That the required GIS data in a digital format acceptable to the Community Development Dept. be submitted with the final plat; 7. That a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re- development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 8. That the applicant work with the Parks Dept. to determine the appropriate spacing and species for street trees and that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction; and 9. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. PROPOSED MOTION: "I move to approve Ordinance Number �3, Series of 1997, the Subdivision of the Fireside Townhomes, 130 W. Cooper Ave., on first reading, and schedule the public hearing for July 14, 1997, subject to the conditions outlined in the Community Development Dept. memo dated June 9, 1997." CITY MANAGER'S COMMENTS: Attachments: Exhibit A --Housing Office referral Exhibit B-- Sanitation District referral Exhibit C--Engineering Dept. referral Exhibit D--Fire Dept. referral Exhibit E--Environmental Health referral Exhibit F--Planning and Zoning Commission Resolution (draft) Exhibit G--GMQS Exemption application (booklet form) Exhibit H--Revised Site Plan and footprint dated May 13, 1997 Exhibit I --Ordinance No., Series of 1997 G:\Plam,ing\aspea\u ses\gmgs\f',—id2 6 APR 28 '97 09: 34AM AS* HOUSING OFC • P.1 A-. MEMORANDUM TO: Julie Ann Woods, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: April 28, 1997 RE: Fireside GMQS Exemption for a Change in Use Parcel 1D No. 2735-124-69-005 ISSUE: The applicant is requesting an exemption to convert a 20-unit lodge with a 3,500 square foot restaurant into four townhomes. The four townhomas are to contain four bedrooms, five and one-half baths, and approximately 6,500 square feet of livable area including a basement. BACKGROUND: According to the City of Aspen Municipal Code, Section 26.100.050, D, 2, a: Change in usdlodge expansion. A change in use of any existing structure previously toned 1_13 to either commer+cltVofftcS or residential use, or the expansion of an existing lodge previously zoned LP shell fie exempt from growth management competition and scoring pr000dures, provided that the following eondltions are met: (i) The Planning and Zoning Commission determine& In a public hearing that employee housing or cash -in -lieu will be provided to mittgate for additional employees geners&d by the change In use or expansion. This shall Include an analysis and credit for existing employee housing and the incremental Impact between the existing use and the proposed conversion; The calculations the applicant has provided for employee mitigation are accurate. Therefore, no additional mitigation is required. RECOMMEISt[)A ON- The Housing Office agrees with the applicant that no further mitigation is required for this specific application. `Ws,pen Gonso11dQfed Vandal on ISfI'ICf 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 FAX #(970) 925-2537 Sy Kelly • Chairman Paul Smith • Treas. Louis Popish • Secy. April 22, 1997 Juile Woods Community Development 130 S. Galena Aspen, CO 81611 Re: Fireside Subdivision Plat Dear Julie: RECEIVED APR ') 5 1997 Michael Kelly Frank Loushin Bruce Matherly, Mgr. ASPEN / PIT'^y COMMUNITY DtVL�OPMENT The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this project. We do have some downstream constraints, in the collection system, which will be eliminated through additional fees that we are charging new development in this area. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The existing service line will need to be abandoned according to our line superintendent's specifications. The new units could be served by four individual service lines. If any other configuration is being considered, shared service line agreements, and our line superintendent's approval, would be required. We would like to see the detailed mechanical plans when they become available in order to review the service line configurations. All on site run-off and clear water connections must be directed to dry wells. This would include trench drains for garages, foundation drains, garage floor drains, and roof drains. We would request, as a condition of approval, that tap permits be completed prior to the issuance of a building permit. Total connection charges can be estimated once detailed plans are available. Sincerely, Bruce Matherly District Manager EPA Awards of Excellence 1976 • 1986 • 1990 Regional and National MEMORANDUM To: Julie Anne Woods, Deputy Community Development Director Thru: Nick Adeh, City Engineer i From: Ross C. Soderstrom, Project Engineer /A Date: May 9, 1997 (Final version of May 1, 1997 response) Re: Fireside Townhomes GMQS Exemption, Change in Use, & Subdivision Physical Address: 130 West Cooper Avenue, Aspen, CO Legal Description: Lots K, L, M, N, O, & P, Block 61, City and Townsite of Aspen, CO After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Curb, Gutter & Sidewalk: The property owner has proposed constructing or repairing (as appropriate) curbs, gutters and sidewalks along the two street frontages of West Cooper Avenue and South 1 st Street. To the extend possible the sidewalk should be detached from the back of curb to provide a separation between the pedestrian walkway and the vehicle travel way. This area is recommended to be at least five (5) ft in width for snow storage and to be viable as a landscaped median. This median also provides space for the opening of vehicle doors without obstructing the sidewalk. With the exception of the spruce, and possibly the double quaking aspens (as listed on the Improvement Survey, Schedule of Trees, items 27 and 1), the sidewalk may be detached from the curb for the entire street frontage of W. Cooper Avenue. Similarly, the sidewalk may be detached along the entire street frontage of S. 1st Street by relocating the small diameter aspens (3) and spruce trees (2) to the median space between the back of curb and sidewalk. A wider landscape median would be preferable to provide more space for the trees in the median. The terminus of each sidewalk should align vertically and horizontally with the sidewalks or pedestrian useable space on the adjoining properties to either side of the subject property. A representative from the Parks Dept. has scheduled a site visit with Sunny Vann for the week of May 5, 1997 to evaluate the impact to the trees. The Parks Dept. will then provide a memo further discussing the impacts to the trees. Due to the existing geometry of the intersection corners, two (2) directional handicap ramps are required at the northeast corner of W. Cooper Avenue and S. 1 st Street so as to direct pedestrians into the cross -walk area on either leg of the intersection rather than directing them into the intersection between the cross -walks. 1 OF 3 DRCM0997.DOC • 0 r Memo - Fireside Townhomes GMQS Exemption, Change in Use, and Subdivision The depressed curb at the existing curb cuts should be replaced with standard 6" vertical curbs when the driveways fronting on the two streets are removed. 2. Alley & Apron: At present, the alley itself is not paved (only parking against the building itself) and should remain unpaved although topping with a two (3) inch lift of crushed, screened rock would reduce the dust while preserving the infiltration qualities for absorbing surface drainage. A reinforced thickened section (6") apron and sidewalk is recommended at the westerly end of the alley onto S. 1 st Street. 3. Utilities: Distribution and collection lines and mains for each of the utilities are in place in the rights -of -way surrounding the property. As such, each unit should be provided with individually metered service lines although single or multiple taps into the distribution and collection lines and mains may be required by each of the utilities. Sizing and coordination of the water service lines shall meet the requirements of the city Water Department and the Fire Marshall. If the existing telephone and/or cable TV pedestals located in the alley are relocated, they shall be replaced in easements provided by the property owner. The proposed site plan provides areas along the alley frontage where this may be accommodated. There are two (2) telephone and cable TV pedestals on the south side of the alley adjacent to the subject property located approximately at each end of the northerly corners. Utility meters and service connection points must be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located within the public rights -of -way. 4. Site Drainage and Erosion and Sediment Transport Control: The new development shall not release more than historic storm run-off flows from the site and any increase in historic storm run-off flows must be first routed and detained on the site. A copy of the soils report must be submitted with the final site development plans for the building permit. A drainage report and mitigation plans completed, stamped and signed by a Colorado licensed Engineer shall be included in the site development plans submitted for the demolition permit. The report shall include analysis and calculations of the pre- and post -development flows generated by the site for a 5-Year return frequency; grading and site plan coordinated with the building footprints, easements, and landscaping plan; details and explanation of the techniques to be used to control erosion and sedimentation transport during and after construction; and construction details of the plumbing and drywell or other detention/retention system components. 2OF3 DRCM0997.DOC Memo - Fireside Townhomes GMQS Exemption, Change in Use, and Subdivision 0 5. Street Lighting: Street lighting was not addressed in the written application nor shown on the Improvement Survey nor proposed site plan for the development. The electrical superintendent will review the site and provide a subsequent recommendation. Single globe, antique -style street light standards are the typical street light fixture installed in this area of the city. 6. Improvement Districts: The property owner shall be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights - of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat. 7. Subdivision Plat & Agreement and Condominium Plat: A subdivision plat and agreement shall be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re -development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 8. Future Reviews of Site Design and Development: The preceding comments and recommendations are based upon the conditions proposed in the submitted site plan (revision date 02/28/97). If these substantially change, particularly site grading, drainage, building footprint(s), or placement of building footprint(s), the proposed development should be reviewed again by the Engineering Dept. to verify the recommendations against any subsequently proposed revisions to the site conditions. 9. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 3OF3 DRCM0997.DOC • MEMO To: Julie Ann Woods, Deputy Director From: Ed Van Walraven, Fire Marshal Subject: Fireside Parcel ID #2735-124-69-005 Date: April 29, 1997 Julie, As per our conversation this project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to the installation of an approved automatic fire sprinkler system. Also, as we discussed at the DRC meeting, if any units are added to the project then an fire alarm system will be required. Please call me if you have any questions. Thank you, Ed� MEMORANDUM To: Julie Ann Woods, Deputy Director From: Nancy MacKenzie, Environmental Health Officer Date: May 2, 1997 Re: Fireside GMQS Exemption, Change in Use, Subdivision Plat Parcel ID No. 2735-124-69-005 The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 occupant of any building used for residence or business reconstruct an on -site sewage disposal device." "It shall be unlawful for the owner or purposes within the city to construct or Wastewater disposal for this parcel is already provided through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) which meets the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle any increased flow for the project should be determined by the ACSD. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." This parcel is already served with potable water from the City of Aspen system which is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. WATER QUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. This application is not expected to impact down stream water quality. AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the 1 city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reOcing pollutants". The major concern of our department is the impact of increasing traffic in a non -attainment area designated by the EPA. Replacing the 20 unit lodge and 3,5000 square foot restaurant with four dwelling units will actually decrease traffic in the non -attainment area. Therefore no mitigation of air quality is required by this department. FIREPLACE/WOODSTOVE Environmental Health of Pitkin County whic woodstoves (or 1 of building. h PERMITS The applicant must file a fireplace/woodstove permit with the Department before the building permit will be issued. In metropolitan areas includes this site, buildings may have two gas log fireplaces or two certified each) and unlimited numbers of decorative gas fireplace appliances per FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. DEMOLITION Prior to demolition the applicant should have the building tested for asbestos, and if any is present, should consult the Colorado Health Department regarding proper removal. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 2 C-4t-ti(gtr F RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR A GMQS EXEMPTION FOR A CHANGE IN USE AND RECOMMENDING APPROVAL OF THE SUBDIVISION FOR THE FIRESIDE LODGE LOCATED AT 130 W. COOPER AVE. CITY OF ASPEN Resolution 97- WHEREAS, The Community Development Department received an application from Fireside Townhomes, LLC, for a GMQS exemption for a change in use and subdivision for the Fireside Lodge, located at 130 W. Cooper Ave. in the City of Aspen, more specifically described as follows: Lots K, L, M, N, O, and P, Block 61 City and Townsite of Aspen, County of Pitkin, State of Colorado; and WHEREAS, Pursuant to Section 26.100.050 C. 2. a. of the Aspen Municipal Code, a GMQS exemption for a change in use may be approved by the Planning and Zoning Commission and pursuant to Section 26.88.040 of the Aspen Municipal Code, subdivisions may be recommended to the City Council for approval by the Planning and Zoning Commission; and WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated Sanitation District, Environmental Health Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, the above referenced application was legally noticed for a public hearing; and WHEREAS, during the public hearing on May 20, 1997, the Planning and Zoning Commission approved by a 4 to 0 vote the GMQS exemption for a change in use and recommended approval of the subdivision, with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission that the GMQS exemption for a change in use and the removal of the LP Overlay on the subject property is hereby approved, and the subdivision is recommended for approval to City Council, subject to the following conditions: 1. That the Environmental Health Dept. receive and approve a fireplace/woodstove application before approval be given for a building permit; 2. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat; 0 • 3. That the required ASCD tap permits be completed prior to the issuance of a building permit; 4. That the existing service line be abandoned, and that the new units be served by four individual service lines. If any other configuration is considered, shared service line agreements and superintendent approval would be required; 5. That a copy of the soils report be submitted with the final site development plans for the building permit; 6. That a drainage report and mitigation plans be completed, stamped and signed by a Colorado licensed Engineer and be included in the site development plans submitted for the demolition permit; 7. That utility meters and service connection points be accessible to service personnel and not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment be installed on an easement provided by the property owner and not located within the public rights -of -way; 8. That the cash -in -lieu payment for school land dedication be submitted at time of building permit; 9. That the required GIS data in a digital format acceptable to the Community Development Dept. be submitted with the final plat; 10. That a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re- development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 11. That the project include the installation of an approved automatic fire sprinkler system; 12. That the applicant work with the Parks Dept. to determine the appropriate spacing and species for street trees and that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction; and 13. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. 14. That if the two additional bedrooms allocated through the May 6, 1997 Small Lodge Lottery are not used within 18 months of the May 6th date, then those two bedrooms will revert back into the lottery allocations for subsequent competition. APPROVED by the Commission at its meeting on May 20, 1997. Approved as to Form: City Attorney Attest: Planning and Zoning Commission: Jackie Lothian, Deputy City Clerk Sara Garton, Chairperson g:\planNngmspen\ c s,dm\p&zVirmid MEMORANDUM TO: Planning and Zoning Commission THRU: Stan Clauson, Community Development Director FROM: Julie Ann Woods, Deputy Directo DATE: May 20, 1997 RE: Fireside Lodge Townhomes--Small Lodge GMQS Exemption for Change In Use and Subdivision SUMMARY: The applicant is requesting a GMQS exemption for a change in use and Subdivision review to change the use of the existing Fireside Lodge from twenty (20) lodge units, an approximately 3500 S.F. restaurant, and an outdoor swimming pool to four (4) townhouses (residential use) of approximately 6500 s.f. each, and the requisite subdivision for land to be used for condominiums, apartments or any other multi- dwelling units. APPLICANT: Fireside Townhomes, LLC, represented by Sunny Vann. LOCATION: The property is located at 130 W. Cooper Ave. ZONING: The property was recently rezoned to R/MF by the City Council as part of the Lodge Preservation Rezoning on February 10, 1997 (Ord. No. 2, Series of 1997). It was previously zoned LP Lodge Preservation. EXISTING LAND USE: An existing three-story, twenty (20) unit lodge with an approximately 3500 S.F. restaurant, and an outdoor swimming pool. LOT SIZE: 18,000 s.f. (six city lots). REVIEW PROCESS: The GMQS exemption for change in use for small lodges process (thus removing the LP Overlay) is a one-step process before the Planning and Zoning Commission. The Subdivision requires a hearing before both the Planning and Zoning Commission and the City Council and may be consolidated with any other development application. BACKGROUND: The Fireside Townhomes application originally consisted of four (4) four -bedroom units. However, at the May 6, 1997 Planning and Zoning Commission meeting, two additional bedrooms were allocated to this project under the small lodge lottery program. The application has been modified to allow 2 four -bedroom units and 2 five -bedroom units. Though the floor plans have not been modified to indicate the • additional two bedrooms, the bedrooms will replace existing square footage within the building footprint. The applicant proposes that the change in use to four (4) residential units does not require employee mitigation as no employee generation is specified, and they are therefore exempt from GMQS (please refer to page 18 Growth Management Exemption of the Fireside Townhomes application). DISCUSSION: GMQS Exemption for a Change in Use/Lodge Expansion. Ordinance No. 29, Series of 1996 (Section 26.100.050 C. 2. a.) allows any existing structure previously zoned LP which is changing to either commercial/office or residential use ... to be exempt from growth management competition and scoring procedures, provided that the following conditions are met: 1) The Planning and Zoning Commission determines in a public hearing that employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an anTand credit for existing employee housing and the incremental impact between the existing use and the proposed conversion; The proposed change in use from the existing 20 room lodge and restaurant to 4 residential units represents a significant reduction in the requirement for employee housing. There is no established formula for the generation of employees for conversion to residential units, however, the Housing Office has concluded that no further mitigation is required for this specific application (see Housing Referral, Exhibit A). 2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in -lieu will be used; The applicant proposes to provide the required eight (8) parking spaces on site, in a two - car garage for each of the four free-market units. 3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; The surrounding neighborhood is composed of primarily multi -family residential uses. The proposed four unit multi -family development will be compatible with the character of the existing neighborhood. 4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; All required public facilities are located within W. Cooper Ave., First Street, or the alley. Services for the lodge have been in place for several years. The change in use will place less demand on services then the existing 20 unit lodge. The Aspen Consolidated Sanitation District has indicated that they have the capacity to serve this project, but that Pa the existing service line will need to be abandoned, and that the new units could be served by four individual service lines. If any other configuration is being considered, shared service line agreements and superintendent approval would be required. All on -site run- off and clear water connections must be directed to dry wells. The ASCD also requests that tap permits be completed prior to the issuance of a building permit (see attached ASCD Referral, Exhibit B). The Engineering Dept. has indicated that " A copy of the soils report must be submitted with the final site development plans for the building permit. A Drainage report and mitigation plans completed, stamped and signed by a Colorado licensed Engineer shall be included in the site development plans submitted for the demolition permit." In addition, "Utility meters and service connection points must be accessible to service personnel... and not obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located within the public rights -of -way." (See attached Engineering Referral, Exhibit Q. The Fire Dept. has indicated that the proposed building will require an automatic sprinkler system (see attached Fire Dept. Referral, Exhibit D). S) No zone change is required. The underlying zoning is R/MF, with an LP overlay as a result of Ordinance No. 2, Series of 1997. This proposed change in use application will not require a zoning change, but upon approval, would result in the LP overlay zone being removed from the property. 6) The proposal is consistent with the Aspen Area Community Plan. One element of e ACP is to provide incentives for small lodges. Since the adoption of the plan, the City Council has adopted Ord. 29, Series of 1996 which addresses the concern of making the lodges economically viable. The Fireside Lodge was awarded four (4) four -bedroom residential allotments through the small lodge lottery in November 1996, two additional bedroom allocations in the May 1997 lottery, and is now making application for the change in use to secure these allotments. The location of this development lends itself to limiting use of personal vehicles and encourages use of mass transit and walking to downtown. Another policy of the AACP is to "maintain design quality and compatibility with the historic features of the community". In conjunction with this application for a change in use, the applicant is proposing architecture which, with some minor modifications, meets the Ord. 30 residential standards. Staff believes that this proposal is consistent with the policies of the AACP. C Subdivision Review Under the city's land use code, any land to be used for condominiums, apartments or any other multi -dwelling units... is considered a subdivision and is required to submit a subdivision plat for review by the city engineer, approval by the City Council and recordation in the County Clerk's office. There are six review standards for all subdivision plats that must be met: 1. General Requirements. a. The proposed subdivision shall be consistent with the AACP. See item 6, page 3 above. Staff believes that the project is consistent with the AACP. b. The proposed subdivision shall be consistent with the character of the existing land uses in the area. The existing area is primarily multi -family residential land uses; the proposed multi -family townhomes will be consistent with the area's character. c. The proposed subdivision will not adversely affect the future development of surrounding areas. The proposal should have no adverse affect on the immediate area, but should actually have less impacts than the existing lodge and restaurant use. d. The proposed subdivision shall be in compliance with all applicable requirements of this title. Though the final plat has not yet been prepared, the proposed site plan indicates the standards of Title 26 will be met. 2. Suitability of land for subdivision. The project is located on existing platted Townsite lots. The site is flat and is serviced by existing utilities. The site is suitable for subdivision. 3. Improvements. The applicant has been informed of the necessary and, required improvements for this project and is prepared to provide the required improvements. 4. Design Standards. The applicable design standards will be met. An ornamental street light will be placed at the intersection as required by the Electric Dept. Though the applicant is showing an excess of required trees for this project, the subdivision regulations require a minimum of "at least two (2) such [street] trees shall be provided for every lot in excess of seventy (70) feet frontage". These trees should be planted in the parking strip between the back of curb and the sidewalk. The applicant should work with the Parks Dept. to determine the appropriate spacing and species for these street trees. Parks has also requested that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction. In addition, new sidewalks, two handicap ramps, an alley apron, the relocation of a utility pedestal and pole and new replacement curbing will be provided to meet the design standards as shown on the revised site plan. 5. Affordable Housing. Not applicable. 6. School land Dedication Standards. School land dedications shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. Cash -in -lieu payments may be made based on the following formula: 4 Market Value of land x applicable land dedication standard (based on # of bedrooms) x .33 Based on the two four -bedroom units and two five -bedroom units, the cash -in -lieu payment would be $91,291. This amount will be required at time of building permit. The applicant has requested that the preparation of the final plat be delayed until after City Council review of this project. A condition of approval should be that a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All of the conditions of approval should be included in the final plat which meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re -development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. In addition, the required GIS data in a digital format acceptable to the Community Development Dept. must also be submitted. OTHER ISSUES: The Environmental Health Dept. has indicated that they anticipate a reduction in traffic generation and therefore does not require additional air quality mitigation. The department does recommend that a condition of approval be the receipt and approval of a fireplace/woodstove application by that dell before approval be given for a building permit see attac a re erra , xhibit E). In addition, they recommend that the building be tested for asbestos, and that during construction that noise not exceed maximum permissible sound level standards and that construction cannot be done except between the hours of 7 AM and 10 PM. The Fire Dept. has indicated that the project must include the installation of an approved automatic fire sprinkler system. The property owner will be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement must be executed and recorded concurrent with the final subdivision plat. The applicant is also advised that they must receive approval from the Engineering Dept. for design of improvements, including landscaping, within public rights -of -way, parks dept. for vegetation species, anstreets dept. for street and alley cuts an3sFall obtaii permits for any other work or development from ItTie Community Development Dept. The applicant is advised that it is prohibited to plow snow from private property into the alley or street. RECOMMENDATION: Staff recommends approval of the GMQSExemption for a Change in Use and Subdivision for � he F reside Lodge, ­130 W. Cooper Ave., subject to the following conditions: 1. That the Environmental Health Dept. receive and approve a fireplace/woodstove application before approval be given for a building permit; • Exhibit B-- Sanitation District referral Exhibit C--Engineering Dept. referral Exhibit D--Fire Dept. referral Exhibit E--Environmental Health referral Exhibit F--GMQS Exemption application (booklet form) Exhibit G--Revised Site Plan and footprint dated May 13, 1997 2. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat; 3. That the required ASCD tap permits be completed prior to the issuance of a building permit; 4. That the existing service line be abandoned, and that the new units be served by four individual service lines. If any other configuration is considered, shared service line agreements and superintendent approval would be required; 5. That a copy of the soils report be submitted with the final site development plans for the building permit; 6. That a drainage report and mitigation plans be completed, stamped and signed by a Colorado licensed Engineer and be included in the site development plans submitted for the demolition permit; 7. That utility meters and service connection points be accessible to service personnel and not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment be installed on an easement provided by the property owner and not located within the public rights -of -way; 8. That the cash -in -lieu payment for school land dedication be submitted at time of building permit; 9. That the required GIS data in a digital format acceptable to the Community Development Dept. be submitted with the final plat; 10. That a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re- development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 11. That the project include the installation of an approved automatic fire sprinkler system; 12. That the applicant work with the Parks Dept. to determine the appropriate spacing and species for street trees and that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction; and 13. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. 14, PROPOSED MOTION: "I move to approve the GMQS exemption for a change in use and Subdivision for the Fireside Townhomes, 130 W. Cooper Ave., subject to the _�7 conditions outlined in the Community Development Dept. memo dated May 20, 1997 z f'�3 wry 6 Ce�pM Attachments: Exhibit A --Housing Office referral r. • MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Community Development Director` FROM: Julie Ann Woods, Deputy Directo DATE: July 28, 1997 RE: Fireside Lodge Townhomes-- Employee Mitigation SUMMARY: The applicant requested a GMQS exemption for a change in use to change the use of the existing Fireside Lodge from twenty (20) lodge units, an approximately 3500 S.F. restaurant, and an outdoor swimming pool to four (4) townhouses (residential use) of approximately 6500 s.f. each. This request was approved by the Planning and Zoning Commission at their meeting on May 20th. The applicant is now coming before the City Council requesting approval of the subdivision which is required for land to be used for condominiums, apartments or any other multi -dwelling units. FIRST READING POINTS OF CLARIFICATION: At First Reading, the City Council expressed its concerns with this proposal as it relates to the provision of affordable housing. Council members indicated that when Ordinance 29, Series of 1996 (attached as Exhibit A) was passed last August, they were of the understanding that a changes of use (conversions) from lodge to residential would require the mitigation of employees. Councilman Richards further pointed out from the City Council minutes of August 26, 1996 (attached as Exhibit B, page 5) that "Michaelson said staff feels the development of free market units would require mitigation per Ordinance 1, either an ADU or cash -in --lieu" and "Michaelson said if a lodge housed S employees and was changing use, one issue would be whether the employees were unique to the lodge. The employees will not go away and this should fall within the SO percent replacement program [Title 20]. " In order to respond to the City Council's concerns, staff has reviewed the minutes from the planning and zoning commission meetings where the lodge conversions were discussed, reviewed the final version of the ordinance as codified in the municipal code, and contacted the former case planner involved in the lodge conversion program. Tapes from the worksessions held with City Council on March 12, April 5, and May 22, 1996 were not available. Staff has been able to ascertain that there was indeed discussion about mitigating for employees living within a lodge unit while employed by that lodge, as well as mitigating for additional employees created through a conversion. The first scenario is clearly intended to be addressed as required under Title 20 [Ord. 1], the housing replacement ordinance whereby 50% of the bedrooms used by employees would have to be provided as mitigation for the removal of that housing unit. The second scenario was discussed in the staff report dated August 12, 1996 (attached as Exhibit C) whereby staff explains how a conversion formula was derived, and the difference between "growth vs. "change" (page 6). From this perspective, staff had concluded that a conversion of a 20 unit lodge to 8 three bedroom residential units could occur ". . . without increasing impacts to the community (i.e. "growth'). Since the underlying zoning only allows the applicant to develop four units, the impacts on the community are less than the existing lodge use (i.e. "change'). This would allow the development of four additional residential units in the city while maintaining the status quo from a community impact perspective. " In a telephone conversation with Dave Michaelson, it was evident that mitigation associated with conversions was discussed at length but that the conclusion made was that lodges disappearing vs. lodges expanding would create no net impact on the city. Clearly in a situation where Title 20, the Multi -Family Housing Replacement Ordinance, is applicable, a 50% replacement of bedrooms would be required. However, in instances where employee housing was not provided in the lodge, and the lodge is converted to less impactive residential use, that there would be no required mitigation. Staff believes that the minutes of August 26, 1996 reflect a focus on a more typical scenario of a lodge which traditionally houses employees which then converts to free-market units. Under this scenario, Michaelson's responses to Councilwoman Richards' inquiries as to ADU's and cash -in -lieu would indeed be valid. In the original application for this change in use, the applicant goes through a lengthy explanation of how the conversion to single family creates less employees than currently serve the lodge use (attached as Exhibit D). It should be noted that this is a theoretical exercise as under Ord. 29, the residential use is exempt from GMQS, though it is subject to review criteria, including "The Planning and Zoning Commission determines in a public hearing that employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an analysis and credit for existing employee housing and the incremental impact between the existing use and the proposed conversion. " In this particular case, the change in use does not create additional employees, therefore there is no incremental impact between the existing and proposed uses. The Housing Authority has also concluded the same in their referral comments dated April 28, 1997. In summary, staff believes that in some instances where conversions take place, applicants will be required to mitigate for additional employee generation, as indicated in the above Planning and Zoning review criteria. Clearly, it was the intent of Ord. 29 to review each conversion on a case -by -case basis, applying the change in use review criteria to determine the appropriate level of mitigation. However, in the case of the 2 • 9 Fireside Lodge, the change in use creates no net increase in employees, and therefore staff believes that no employee housing mitigation is required as set forth in Ord. 29, Series of 1996. Staff would like to point out that if it was intended that all conversions were to be mitigated through the small lodge program that this would be in direct conflict with the intent of the program which was to give lodge owners some relief and ability to convert to other land use options. Staff would also like to point out that those lodges which have historically housed employees will end up paying a higher mitigation price, as they will be required to replace 50% of the employee bedrooms lost as set forth in Title 20, while lodges that never did house their employees and are going to a less intense use will likely not be required to mitigate. If the City Council believes that it was their intent to require mitigation in all instances, or to not have the lodges be exempt from mitigation under growth management, staff recommends that the City Council direct staff to evaluate the small lodge program and come back with proposed changes to Ordinance 29 which will more accurately address City Councils' intentions. CITY MANAGER'S COMMENTS: Attachments: Exhibit A --Ordinance No. 29, Series of 1996 Exhibit B--Minutes of City Council Meeting August 26, 1996 Exhibit C--Staff report dated August 12, 1996 Exhibit D--Portion of application addressing calculations for employee generation G�1Planning\asprn\cases\gmgs\f mi\ 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT: SECTION 26.04.100 DEFINITION FOR LODGE; SECTION 26.28.210 LODGE PRESERVATION ZONE DISTRICT; SECTION 26.28.320 CREATION OF A LODGE OVERLAY ZONE DISTRICT; SECTION 26.52.010 COMMON DEVELOPMENT PROCEDURES; SECTION 26.100.040 ANNUAL RESIDENTIAL AND TOURIST ACCOMMODATIONS DEVELOPMENT ALLOTMENTS; SECTION 26.102.010 ANNUAL COMMERCIAL AND OFFICE DEVELOPMENT ALLOTMENTS; AND SECTION 26.100.050 GROWTH MANAGEMENT EXEMPTIONS. ORDINANCE 29, SERIES OF 1996 WHEREAS, Section 26.92.020 of the Municipal Code provides that amendments to Chapter 26 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Office has determined that the Lodge Preservation (LP) Zone District of the land use regulations are no longer in the best interests of the City of Aspen or the lodging community, and WHEREAS, the Planning Office recommends that certain sections of the Code be amended to allow lodge owners the ability to convert to other uses or expand lodges through the use of the exemption process and allocations provided for in the amendments to the Quota System (GMQS); and 1 0 • WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments and did conduct public hearings thereon on July 16, 1996 and July 30, 1996; and WHEREAS, upon review and consideration of the text amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Division 92 (Text Amendments), the Planning and Zoning Commission has recommended approval of the text amendments recommended by the Planning Director pursuant to procedure as authorized by Section 26.92.030 of the Municipal Code; and WHEREAS, the Aspen City Council has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the text amendments meet or exceed all applicable development standards and is consistent with the goals and elements of the Aspen Area Community Plan; specifically policy #12 in the Commercial/Retail Action Plan which reads as follows: " Revise the Lodge Preservation Zone District to allow a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community. "; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare; and WHEREAS, the City Council finds that the proposed text amendments will allow the expansion and conversion of existing lodge uses, will promote compatibility of zone districts and 2 • E land uses with existing land uses and neighborhood characteristics, and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the text amendments: 1. The proposed text amendments as set forth in the Plan are not in conflict with the provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed text amendments will promote the public interest and character of the City of Aspen. Section 2: Section 26.04.100 of Chapter 26 of the Aspen Municipal Code is amended to add a definition of "Lodge", which text shall read as follows: Lodge means a building previously zoned Lodge Preservation (LP) containing three (3) or more individual rooms for the purpose of providing lodging facil ities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services, and on -site management and reception. A lodge may include kitchens within individual rental units. Section 3: Section 26.28.210 of Chapter 24 of the Aspen Municipal Code which established the Lodge Preservation (LP) Zone District is hereby repealed in it's entirety. Section 4: Section 26.28 of the Aspen Municipal Code, is hereby amended to add a Lodge Preservation Overlay Zone District which text shall read as follows: 26.28.320 Lodge Preservation Overlay Zone District A. Purpose: The purpose of the Lodge Preservation (LP) Overlay Zone District is to provide for and protect small lodge uses in areas historically used for lodge accommodations, to permit expansion of these lodges when such expansions are compatible with neighboring K LJ E properties, and provide an incentive for upgrading existing lodges on -site or onto adjacent properties. B. Permitted Uses. The following uses are permitted as of right in the LP Overlay Zone District. 1. Lodge Units; 2. Boarding House; 3. Dormitory; 4. Accessory use facilities intended for guests of permitted lodge units, boarding house or dormitory, which are commonly found in association and are for guests only, including office, lounge, kitchen, dining room, laundry and recreational facilities; 5. Affordable housing for employees of the lodge; 6. Accessory buildings and uses. 7. Condominiumization, with the requirement that the lodge must maintain management facilities and make the unit available for short-term rentals through ACRA for 50% of a calendar year. C. Conditional Uses. The following uses are permitted in the LP Overlay Zone District, subject to the standards and procedures established in Chapter 26.60. 1. Restaurant included within a lodge operation serving guests and others; 2. Timesharing; 3. Affordable Housing. D. Dimensional Requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the LP Overlay Zone District. 1. Minimum lot size (square feet): No Requirement 2. Minimum lot area per dwelling unit (square feet): No Requirement 3. Minimum lot width (feet): No Requirement 4. Minimum front yard (feet): 10 5. Minimum side yard (feet): 5 6. Minimum rear yard (feet): 10 7. Maximum height (feet): 25 8. Minimum distance between principal and accessory buildings (feet): 10 9. Percent Open Space required for building site: 35 (Can be varied by special review pursuant to Section 26.64) 10. External Floor Area Ratio: Established by special review pursuant to Section 26.64, not to exceed 1:1. 11. Internal Floor Area Ratio: Lodge Rental Space: Maximum of. 75:1, which can be increased to 1:1 internal FAR of lodge rental space provided that 33.3% of the additional floor 4 • E area is approved for residential use restricted to affordable housing for employees of the lodge. E. Of%street-parking requirement. The following off-street parking spaces shall be provided for each use in the LP overlay zone district, subject to the provisions of Chapter 26.32. 1. Lodge Use: 0.7 spaces/bedroom, of which 0.2 spaces per bedroom can be provided via a payment in lieu pursuant to Chapter 26.64. 2. All other uses: 4 spaces/1000 square feet of net leasable area. Section 5: Section 26.100.040 of the Aspen Municipal Code, Annual Development Allotments, is hereby amended which text shall be inserted into the existing allocation table and shall read as follows: Allotments Development Types 1996 1997 1998 Tourist Accommodations, Lodge Expansion Associated 11 Free Market Residential, Lodge Conversion Associated 14 7 7 * The number of allotments for lodge expansion for 1997 and 1998 allocations shall be determined by the Community Development Director using the following formula: A = B- (C*D) A = Small Lodge Expansion Pool Available Annually for 1997 and 1998 B = Number of Lodge Units Converted through the LP Change-In_Use for the Previous Year C = Free Market Units Allocated through the LP Change In Use for the Previous Year D = Impact Conversion Factor of 2.5 Lodge Units per Free Market Unit Section 6: Section 26.102.030 of Chapter 26 of the Aspen Municipal Code, Commercial and Office Development Annual Development Allotments, is amended to include a new section, which text shall read as follows: 5 • 0 A. 5. 4, 000 square feet a year of net leasable commercial and office space for properties previously zoned Lodge Preservation (LP), and compliance with Section 26.100.050 "Change in Use/Expansion of Lodges ". Section 7: Section 26.100.050 of Chapter 26 of the Aspen Municipal Code, Growth Management Exemptions is hereby amended to add an additional exemption, which text shall read as follows: C. Exemption by City of Aspen Planning and Zoning Commission. 1. General. a. Timing of Exemption Request. No development shall be considered for an exemption by the Community Development Director until a complete application has been submitted pursuant to Section 26.52.070. 2. Planning and Zoning Commission exemptions that are deducted from the annual allotment pool or from the metro area development ceilings. The following exemptions shall be deducted from the respective annual development allotment established pursuant to Section 26.100.040 or from the metro area development ceilings established pursuant to Section 26.100.030. a. Change in Use/Lodge Expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures, provided that the following conditions are met: 1) The Planning and Zoning Commission determines in a public hearing that employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an analysis and credit for existing employee housing and the incremental impact between the existing use and the proposed conversion; 2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used; 3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; 4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in us of the existing neighborhood; N. 0 0 S) No zone change is required. 6) The proposal is consistent with the Aspen Area Community Plan The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge Conversion or Expansion Pool, pursuant to Section 26.100.040. Process for Allocations An annual lottery held during a regularly scheduled Commission meeting shall be established for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery. Each lodge selected in the pool shall be allowed to go through the change in use process. Separate lotteries shall be held for free market conversion, expansion or commercial/office use. The total number of lodges allowed to be selected in the lottery shall be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning that determines the number offree market homes possible on each property, as well as the allowed square footage of commercial or office space. As the lottery progresses, a running total of potential buildout of units or commercial/office square footage as determined by underlying zoning, shall be kept. Once the total allowable GMQS allocations for lodge expansion or conversion is reached or exceeded by the last selected lodge, one additional lodge applying for change ,in use shall be selected and the lottery shall end. If the total number of free market units or non-residential square footage allowable under underlying zoning are not awarded through the annual change in use process, the last selected lodge can apply for the change in use process for these remaining allocations. Multi year allocations can be awarded if the Commission approves a change in use application for the units that exceed the annual quota, and the following years allocations shall be adjusted accordingly. Any allocations left following all change in use applications shall be returned to the pool for future allocation. Potential lodge expansion units for 1996 shall be 11 lodge units. Subsequent years lodge allocations shall be determined by the conversion formula and the number offree market conversion units approved by the Planning and Zoning Commission during the previous year, as described in Section 26.100.040. This shall be determined by the Community Development Director. In order to prevent speculation or residential quota banking, a lodge awarded residential allocations would be required to apply for a land use application for a change in use within nine (9) months of the lottery date, followed by the securing of an active building permit and an 7 abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use application is submitted within nine (9) months from the date of the lottery, no quota received will revert to the next lottery winner. If no building permit is issued within eighteen (18) months, the units awarded would be added to the next GMQS pool, and the lodge can not compete in the lotteryfor five (5) years, or some other period of time suitable to the Planning and Zoning Commission. The deadline established above for building permits and land use submittals are not required for commercial allocations until all necessary quotas for a project are secured, whereupon a lodge awarded the full allocation necessaryfor its project would be required to submit a land use application for a change in use within nine (9) months of the lottery date on which all necessary quotas were obtained, followed by the securing of an active building permit, and an abandonment of the lodge use within eighteen (18) months of the lottery date on which all necessary quotas were obtained. If no land use application is submitted within nine (9) months, or no building permit is issued within eighteen (18) months of the lottery date on which all necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and the lodge could not compete in the lotteryfor five (5) years, or some other period of time suitable to the Planning and Zoning Commission. An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the Planning and Zoning Commission based on a good faith effort on the part of the applicant to file an application or obtain a building permit. A mixed use residential and commercial development, where permitted by underlying zoning, would require the residential component of the project to be developed within the time limits imposed on residential development, as outlined above, even if it requires the phasing of the development project. The schedule for application for the change in use or lodge expansion lottery for 1996 are as follows: November 15, 1996 - Conversion of previously zoned LP properties to Free Market Units November 15, 1996 - Conversion of previously zoned LP properties to Non -Residential Uses November 15, 1996 - Expansion of Lodges previously zoned LP. For 1997 and 1998, the schedule for application for change -in -use shall be established by the Community Development Director. E:3 0 Section 9: An application packet shall be developed by the Community Development Director by October 1, 1996, and shall be provided to each applicant at a pre -application conference consistent with Section 26.52.020. Section 10: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 11: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 12: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 13: A public hearing on the Ordinance was held on the 26th day of August, 1996 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 1996. John Bennett, Mayor • Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this -26 day of 996. (7 John kennett, Mayor Attest: Kathryn S. Koch, City Clerk File Location: C:\HOME\DAVEM\CASES\ORDINANC\LODGE29.DOC 10 • • MEMORANDUM TO: Mavor and Cite Council THRU: Am} 'Nlargerum. Cite Manager THRU: FROM: DATE: RE: Stan Clauson, Community Development Director Dave Michaelson, Depute Director �.1� ►, ` August 12, 1996 Small Lodge Text Amendments - First Reading of Ordinance 29, Series of 1996 (Tabled from Jule 22. 1996) Summary: Staff is requesting appro\al for several amendments to the Lodge Presenation (LP) zone district. On Jule 16. 1996 the Planning Commission tabled the proposed amendments for further discussion. At that time. staff had scheduled and publicly noticed first reading b\ Council on Jul\ :=. 1996. Council tabled first reading to a\\ait a recommendation from the Planning and Zonine Commission. On Jul\ 30. 1996 the Commission unanimously recommended approval of the proposed amendments. and the minutes from the hearing are attached as Exhibit A. Staff has made the following changes to the memo presented to Council on Jule 1996. 1. The criteria for the LP change in use "expansion approval has been modified to address issues \\ith the use of the term "minimal" in the revie\\ criteria: 2. A procedural description of the use of the free- mark- et"lodge expansion process has been added -.and 3. The portion of the Municipal Code regarding compliance with the criteria for a zone text amendment has been addressed. Background: The rather lengthy process and the proposed text amendments previously approved by the Planning Commission were based on 18 months of work. undertaken by a variety of staff. The amendments were hinged on a rather complex formula that allowed minor conversion to non-residential uses allowed in an adjacent zone district (up to 30 percent of gross floor area) without mitigation. Staff believed that the proposed amendments were cumbersome, difficult to understand, and did not reach the point of "a level playing field" which seems to be the intent of the proposed revisions. In addition, there was concern regarding the potential that mitigative relief for a specific zone district was inherently unfair to other property owners who would still be faced with the significant mitigation required within the GMQS system if they proposed a change in use or expansion of net leasable square footage. Staff held three %%ork sessions with City Council on March 12. April 5 and Mav 22. 1996 to discuss the LP revisions. and the outcome vas an approach deg eloped b\ staff that proposed a different tact which conceptually overcomes the weaknesses in the proposed text. Follow ine the work sessions with Council, staff was directed to hold a community roundtable to broaden the representation from the community into the LP discussions. The following organizations were represented at the Jule 9, 1996 roundtable: • LP Lodge Owners, represented by Gideon Kaufman and several Iodize owners • Aspen Skiing Company, represented by John Norton and Kim Boone • .Aspen Historic Presenation Commission, represented by Martha Madsen • Aspen Planning and Zoning Commission, represented by Sara Garton • Pitkin County Planning and Zoning Commission, represented by David Guthrie • Aspen Chamber Resort Association, represented by Diane Moore and Pern Haney • Aspen'Snowmass Council for the Arts, represented by Anne Chapman • Aspen Central Reservations, represented by Molly Cambell • Restaurant Association, represented by Sirous Saghatoleslami and Jackie Kasabaugh • Aspen Realtors Association, represented by Cindy Ashcroft The following consensus points were reached during that discussion: 1. The group was in conceptual agreement with the concept of an overla\ zone and the reversion to underl\ ing zoning to both protect the existing LP uses. while allow ing a controlled rate of conversion to other uses: 2. The issue of mitigation was the most complex component of the proposed re\ isions. and every effort should be made to develop a simple. effective solution that allows controlled conversion while mitigating impacts to the communit": 3. Mechanisms that allowed for the replacement of lost bed base were favored to allow for future expansion of lodges that are economicall\ viable and wish to expand. Staff has conceptually summarized the proposed changes for Council in the follow ing discussion. Ordinance 29. Series of 1996 is attached as Exhibit B. o The test of a level playing field is simple: are properties in the LP zone district being treated the same as all other property owners under the City of Aspen Municipal Code. It is clear that under the existing provisions of the Lodge Preservation (LP) zone district regulations, they are not. Staff proposes the following zoning changes to assist in resolving the LP issue: 1). The LP zone district is revised to become an overlay, as opposed to a zone district. The overlay would function as a mechanism to achieve some of the regulator changes envisioned by both the Planning Commission and the Council, and would be superimposed on the existing properties encumbered by LP zoning. The overlay zone would allow the existing lodges as a conforming use, and would be coupled with a revision to the definition of lodges to allow for the inclusion of kitchens as well as provide for long- and short-term rentals. The current definition of a lodge in Section -16.04.100 means "the same as a hotel," which precludes • 11 both long-term rentals and kitchens. The proposed change in the definition would read as follows, and mould apple exclusively to properties previously zoned LP': Lodge means a building previously zoned Lodge Preservation (LP) containing three (3) or more individual rooms for the purpose of providing lodging facilities on a short or long-term basis, for compensation, with or without meals. and which has common facilities for reservation and cleaning sen•ices, and on - site management and reception. A lodge may include kitchens within individual rental units. The overlay would have the same dimensional requirements as the current LP zoning to establish parameters for expansion. In addition, staff proposes to continue to allow for condom iniumization. that long- and short-term rentals be allowed, but that front desk facilities remain to protect the lodge use. The existing LP requirements are attached as Exhibit C. The proposed overlay zone would have the following dimensional and use requirements: Lodge Preservation Oyerlar Zane District A. Purno.se: The purpose of the Lodge Preservation (LP) (A-erlay Zone District is to provide for and protect small lodge uses in areas historicallY used for lodge accommodations, to permit expansion of these lodges when such expansions are compatible with neighboring properties. and provide an incentive for upgrading existing lodges on -site or onto adjacent properties. B. Permitted Uses. The following uses are pervnitted as of right in the LP Overlay Zone District. 1. Lodge L hits: 2. Boarding House; 3. Dorrnitorv: 4. Accessory use facilities intended for guests of permitted lodge units. boarding house or dormitor , which are contmonl�• found in association and are for guests only. including office, lounge, kitchen, dining room, laundn_ and recreational facilities; S. Affordable housing.for employees of the lodge; 6. Accesson' buildings and uses. C. Conditional Uses. The following uses are permitted in the LP Overlal• Zone District, subject to the standards and procedures established in Chapter 26.60. ' Sy Kelly from the Buckhorn Lodge has submitted a request that the Buckhorn be included in the LP discussion. Staff does not favor the addition of additional properties due to the existence of underlying zoning (Commercial Lodge). Mr. Kelly has recently requested that the Lodge definition apply to all lodges to allow for the inclusion of kitchens and short/long term rentals. Z The proposed text for the overlay zone is identical to the existing LP text, with the exception of the revision to the "purpose " of the oyerla'y :one and of the inclusion of affordable housing as a conditional use. This in response to the potential• supported by both Communin- Development staff and the Housing Office, to stuck' the option of conversion of some lodges to affordable housing thre ugh outright purchase and deed restriction by the On,. 1. Restaurant included within a lodge operation sen•ing guests and others: 2. Timesharing; 3. Affordable Housing. D. Dimensional Requirements. The following dimensional requirements shall apply -to all permitted and conditional uses in the LP Overla3• Zone District. 1. Minimum lot size (square feet): No Requirement 2. Minimum lot area per divelling unit (square feet): No Requirement 3. Minimum lot width /feet): A%o Requirement 4• Minimum front yard (feet): 10 5• Minimum side yard (feet): 5 6. Minimum rear yard (feet): 10 7, Maximum height (feet): 253 8. Minimum distance betuee» principal antd accesson• buildings /feet): 10 9. Percent Open Space required for building site: 35 (Can be varied by special review pursuant to Section 26.64).' 10. External Floor Area Ratio. Established b special review pursuant to Section 26.6.. not to exceed P L IL Internal Floor Area Ratio: Lodge Rental Space: Afavintum of .5:1, H hich can be increased to. 75:1 internal FAR of lodge rental space provided that 33.3% of the additional j'loo• area is approved.for residential use restricted to affordable housing for entploYees of the lodge. E. Off-ctreetparking requirement. The following off-street parking spaces shall be provided for each use in the LP overlai _one district, subject to the provisions or Chapter 26.32. 1. Lodge Use: 0. " spaces/bedroont, of which 0.2 spaces per bedroom can be provided via a pgvrrtent in lieu pursuant to Chapter 26.64. 2. All other uses: a spaces/1000 square feet of net leasable area. 2) All existing LP -zoned properties would revert to Underlying zoning. to alloNN for the same land uses available to similar properties in the City. Table 1 summarizes the proposed zone district for each existing LP propem, and the potential buildout of each propem under lodge expansion, free market, and commercial expansion scenarios. The lodges in the LP zone district would revert to R-6, R-I5A (PUD), ZF, RMF (PUD) or Office zone districts. The alloweduses and dimensional requirements within each of these zone districts are attached as Exhibit D. Due to the complexit) of the Code, it is nearly impossible to summarize even, development scenario for each property. For example, the potential for the conversion of small lodges to affordable housing under the AH 1 /PUD zone district has not been quantified. In addition. the 7 Lodges with unique physical constraints (such as those presented btu roof construction, etc. can appeal to the Board ofAdjustment if necessary. The provision for reviewing open space requirements as lodges are expanded is based on revieu-ing each lodge on a case-bv-case basis, and the eventual open space determination would be based on the overall quality, of design, relationship and compatioilin• with the surrounding neighborhood and other criteria troditionally applied in the special reviecs process. 4 1 R L:rn i LT o c o o en M c c c M N �, ai x cvi x u x u v C C ei L C cVi C v u C C O oe aJ G u G a� G x a G a, x u x v Z C _ • v ca i ❑' — cr 77, 77 7 7 ✓:oc V: 1. Cr :/; 'l. :/:' ✓. ✓; :/; '✓.' ✓: ✓. ✓: •cr = C N v-. C N rri � �- � — � oc ..i :) :J I U U V V � .. •. ,i U U ,yr E J. 3 I N C t!, C L, N C r,4 x r .—. — — �:. N — N C R Qd— l�•, ` C C C r C C C o0 O C �, O v", C O x v'� C C C C C O O C C O C C C^ C O C C N lV .0 O` r y U G aui u U u to — G :.D :1J CfJ '7 o o= o o _G c .. c o o c o c o o c E o tQ C 1! I w 01 Qc y 2 w CJ cc Q -C ,y ,C ? V ` ` I Zz I C C C W. Lr. LP zone district allows a lodge buildout of .5:1, but this ratio increases to .75:1 if the expansion proposes an affordable housing component. In the case of lodges that are adjacent to two zone districts, staff assigned a zoning that appeared to be the most compatible with the surrounding neighborhood. The zoning designations are not considered final, and are for discussion purposes only. The development potential is significant if one assumes a worst case, maximum buildout scenario. but market forces within the community will ultimately determine the conversion process. The outcome of these two simple steps would create a true level playing field by allow ing LP properties to have identical land use options open to adjacent properties in the same zone district. In addition there are no complicated formulas, and no mitigative relief. Although the issue of mitigative relief (i.e. no employee housing required for small expansions) has been favored in the past, staff cannot support this concept as applying our existing GMQS provisions in an equitable fashion. In short, an employee is an employee regardless of if he/she is working for a lodge allowed to convert or a new or expanding commercial activity. In addition, staff would suggest that, if the Commission favored modifications to the GNIQS system. those changes should be discussed in a broader context than the discussions regarding the LP zone district. Mitigating Conversion. Without revisions to both the GMQS allocations and the `.change in use pro\ isions." all subsequent additions or con ersions would require compliance with all mitigation regulations now in place. including employee housing, park dedication and parking. In reference to these discussions. Council has discussed the distinction between "Growth" and "Change." For example, the conversion of a lodge to residential units ma\ represent a decreas in actual impacts to the community . The potential impact of the conversion of lodges to free market dwelling units or commercial/office uses is a function of the dimensional limitations of the underlying zone district, as shown on Table 1. Attempts to quantify the relationship ber`veen lodge units and residential units have been performed locally in the past. During the Highlands review, Glen Horn and Tom Baker developed a conversion system based on methodology that reviewed traffic generation, number of residents over differing periods of time, employee generation, public sen•ice impacts and other community impact criteria. Although not formally used within the Highlands approval process. Count\ staff approved the proposed conversion as a valid approach to understanding impact relationships. The conversion formula arrived at the following proportional impact: • 2.5 tourist accommodation units for each three bedroom single-family dwelling unit, and, • 3.3 tourist accommodation units for each five bedroom single family dwelling unit. For example, if a 20 unit lodge on a 15,000 square foot lot in the RMF zone wanted to conN ert to residential uses, the maximum density would be 4 three -bedroom units. Assuming the validin, of the conversion impact factors cited above, the applicant could conceivably develop 8 3- bedroom residential units (20 lodges/2.5 = 8 units) without increasing impacts to the communirt (i.e. "growth"). Since the underlying zoning only allows the applicant to develop four units, the impacts on the community are less than the existing lodge use (i.e. "change"). This would allow the development of four additional residential units in the City• while maintaining the status quo from a community• impact perspective. However, staff would suggest that the residual units be used for lodge expansion and not the development of additional free-market homes. t: 0 Logic would suggest that the "residual" units could be converted into 10 additional lodge units without additional impacts or mitigation to the Cih- (4 Free Market Homes x 2.5 = 10). This would allow for a pool of potential lodge expansion units without placing undue impacts on the community. No simple method exists for determining the relative change in communiry impacts between lodge units and commercial/office uses that would be allowed by underlying zoning. The current method of determining employee generation is based on an employee per square foot relationship which is different for each zone district. Staff would suggest that the determination of appropriate mitigation for each commercial/office conversion be handled independently with assistance from the Housing Office. Modification of Change In Use Provisions - The current change in use provisions force all projects developing more than one dwelling unit to compete through growth management for allocations. currently held at 4 dwelling units per year. Staff would recommend that a separate section be developed addressing only conversions of lodges formall} in the LP zone district. A draft of proposed language is summarized below: Change in Use/Lodge E.xpansion..4 change in use of a» i existing structure previoush coned LP to either conrnnrercial'oce or residential use, or the expansion of an existing lodge previoush coned LP shall be exempt from groit-th management competition and scoring procedures, provided that the follow ing conditions are met: 1) The Planning and Zoning Commission determines that emplo'vee housing or cash -in -lieu it -ill be provided to mitigate for additional emplo'vees generated by the change in use or expansion. This shall include an anah•sis and credit for existing employee housing and the incremental impact benveen the existing use and the proposed conversion: 2) The Planning and Zoning Commission determines that sufficient parking spaces will be provided for the change in use or expansion or cash -in -lieu brill be used: 3) The Planning and Zoning Commission determines. that the change in use or expansion is compatible ii-ith the character of the existing neighborhood: 4) The Planning and Zoning Commission determines that adequate public facilities exist or rill be provided for the change in us of the existing neighborhood: 5) No _one change is required. 6) The proposal is consistent Kith the Aspen Area Community Plan. J The proposed conversion or expansion x•ill be deducted from the appropriate G,,VQS Lodge Conversion or Expansionn Pool/ 4 "whereas " statement will had been included in the Ordinance that addresses the current language in the A4CP regarding compliance or modification to the existing polio•. Amendments to the GMQS Allotment Pool. The GMQS system currently in place controls growth by limiting the total number of square footage (commercial/office) and units (residential and tourist accommodations) that can occur in the ?Metro area. The 'system controls the rate of growth by only allowing a specific amount of development in a given year. and furthermore establishes a competition process for annual allocations. The change in use/expansion provisions summarized above exempt such conversions from competition, but if Council supports the conversion concept, a separate pool must be developed to allow for annual allocations available to lodges previously zoned LP to draw from. Staff does have concerns regarding both the rate of con ersion and eventual number of free market units or office/commercial square footage that could be developed in the City as a result of lodge conversion. As shown on Table 1, staff has estimated the potential number of free market units and commercial/office square footage that could be developed assuming each LP property reverts to underlying zoning. This summan of density is based on the dimensional requirements in each zone district as a function of total lot size for each lodge. The buildout analysis has not deducted vacated right-of-xyays or other phi sical features that may further reduce allowable densities or square footage. The total potential buildout sho\%n at the bottom of the table assumes maximum residential or commercial development of each properh . The existing buildout ceilings for free market homes are 192 total dwelling units. with an annual allocation of 4 units. Commercial development is held to a buildout of 400.000 square feet. �,yith an annual allotment of 4.000 square feet in the Office (0) zone. Conversion of all lodges to free market homes could result in the development of 82 d,�tielling units in the Aspen Metro area. which under existing GMQS ceilings would require nearly 20 %ears of annual allocations. Conversion to allowed office uses would result in 108.4134 square feet of additional commercial square footage. requiring 27 years of annual allocations. Staff notes that it is unlikely that total conversion %.ould ever occur. but it is also yirtuall\ impossible to precisely define either the total number or rate of potential lodge conversions. Changes necessary to facilitate the rede\ elopment of lodges yould include the creation of a separate pool for use by LP properties. This would have to include the establishment of allocation pools for commercial. residential and lodge expansion. Residential GMQS Quota Changes Total Units - Representations have been made in the past that 'only a few" lodges are interested in total conversion to free market dwelling units. Staff would suggest that the loss of more than 20 percent of the total units/pillows from the lodges zoned LP would represent a significant impact on tourist accommodations within the City, in terms of both numbers of accommodations and the availability of affordable tourist units in the City. Twenty percent of the total pillows within the LP zone district would be approximately 240, and twenn percent of total units would be approximately 98. The overall free market conversion rate, when averaged over all lodge units within differing zone districts, is approximately 6.0 lodge units per 1 free market dwelling unit (494 pillows/82 free market residences = 6.02). A starting point for total allowed conversion units based on this approach would allow for the creation of 16 units (98 lodge units/6.02 lodges per 1 free market = 16) outside of the existing Gh1QS allotments. Gideon Kaufman has consistently argued that this number is too lo« to effectively allow lodges in need of immediate conversion to do so. An alternative percent that has been discussed is 35 8 percent. which \\ould allow a total of 418 pIHoN\s or l,2 units to be com,erted. Assuming the same conversion rate summarized above. the total number of units that could be created under this scenario would create approximately 28 free market units. The Plannine Commission's recommendation to Council would allow the creation of 14 free market units a \ear, and this recommendation has been included within Ordinance 29. Series of 1996. For an order of magnitude. this \, ould allo-,k the conversion of 35 lodge units per ear.6 Rate - The total rate of conversion is a method b,., which the City could control the pace of conversion, and allow for the review of the effectiveness and secondary impacts (i.e. community balance issues) of the revisions of the LP zone district. Due to the complexity of the LP issue. staff had suggest that a two year program be established. at which time these impacts could be assessed. Assuming a two year program and the 16 unit scenario, eight residential units could be allocated per year. The 28 unit free-market scenario under a two-year program \\ould alloys 14 units a year. The Planning and Zoning Commission recommended that 14 free market units be allossed annualls, to alloss for conversion to happen as soon as possible for lodges that have clearly outlined their useful life. The expressed understanding on the part of the Commission seas based on the ability of the Cite to reyiess the proposed comversion process at am time. In addition. the Commission recommended that no "sunset clause" be included. Commercial/Office Quota Changes Rate and Total Square Footage - A ceiling on commercial LP conversion is more difficult than residential conversion due to the to the mixed use potential alloss ed under the provisions of the Office zone district. The current square footage limitation imposed b\ G!1V1QS allosss 4,000 square feet of net leasable commercial and office space in the Office zone. No commercial allocations have been requested for 1996. Staff would suggest that the same 4.000 square foot pool be established for LP conversion. and that the allocation be divided into a two sear program. This would allow 4,000 square foot of conversion per year, for a total of 8,000 square feet. The Planning Commission recommended approsal of the 4,000 square feet per sear. syith no "sunset" clause. Lodge Expansion A particular concern on the part of the business community expressed during the roundtable ssas the loss of bed base. Staff notes that approximately 72 units have alread\ been lost due to the use of small lodges for employee housing mitigation. With that said. staff would suggest that the integrity of the GMQS system would not be compromised if a number similar to the existing l 1 units allowed for expansion purposes, and that a reyiess be established as an exemption from competition. The pool available for these expansions would be created based on the free 6 Using data from ACPA and the small lodge owners, approximateh pillows tourist accommodation pillos are available in the Metro Area. The average pillows per unit within LP properties functioning as a lodge is approximateh 2. 8 (808 pillow-s.'?80 units). Using pillow count, the conversion of 35 units per year would reduce the existing total bed base br approximateh / percent annualh•, and reduce the (LP) bed base by approximateh' 12 percent t(35 units ' 2.8 pillows per unitl,'80,8 pillows)) This assumes no expansion of existing lodges, and does not assume rentals of private homes, estimated on the high side to be as mans• as 3,000 additional pillows. 0 market'lodge conversion formula presented earlier. Once the pool was exhausted, competition would be required. Mitigation would be addressed using the conversion methodology described earlier and the proposed change in use provisions. Process for Allocations An annual lottery would have to be established for lodges requesting conversion or expansion. Each lodge interested in conversion or expansion and selected in the pool would be allowed to go through the change in use process. Separate lotteries would be held for free market conversion, expansion or commercial/office use. The total number of lodges allowed to be selected in the lottern would be based on the potential buildout available for the selected lodge. For example. each lodge has a potential buildout based on under]\ ing zoning. As the lottery progressed. a running total of potential units or commercial/office square footage would have to be kept. Once the total allowable conversion potential was reached. the ]otter\ would stop. If the total number of units were not a\%arded through the change in use process. the units left would return to the pool for future allocation. Potential expansion units would be based on the conversion formula and the number of free market units appro\ed bN the Commission. This would require a lotten for lodge expansion after the completion of the change in use process for residential con\ ersion. In order to prevent speculation or unit banking. a lodge awarded allocations would be required to ha%e an acti\e building permit and abandon the lodge use within 18 months of approxa]. If no such building permit xras issued, the units awarded \\ould be returned to the pool and the lodge could not compete in the lover-\ for fire `ears. or some other period of time suitable to the Commission. The Planning and Zoning Commission agreed in concept with the Totten system. Compliance with Standards for a Text Amendment: Section 26.92.0-20 of the Aspen Municipal Code describes the criteria b\ which the Cit1 Council shall consider a text amendment. Each of these criteria are summarized belo\\. and include a response from staff regarding compliance. .4. II"hether the proposed amendment is in conflict with atY applicable portions of this chapter. Response: To staff s know ledge. no portions of the proposed amendments are in conflict with any portion of the municipal code. B. Whether the proposed amendment is consistent ivith all elements of the Aspen Area Comprehensive Plan. Response: The Commercial/Retail Action Plan included a police to "Revise the Lodge Preservation Zone District to allow for a range of mitigation and allow for minor expansion with less mitigation required in order to maintain the small lodge inventor} in the Community. " The proposed amendments and change in use provisions are based on requiring mitigation based on the differential impact between the existing and proposed use. In addition. the amendments 10 v-ould strengthen the existing lodge base by allowing expansion lodge units independent of the full-blov-n GMQS system as other units were converted to other uses. C. Whether the proposed amendment is compatible with surrounding :one districts and land uses, considering existing land use and neighborhood characteristics. Response: The provision for allowing LP properties to revert to underlying zoning would require that all conversions to other uses by consistent with the existing land use pattern and neighborhood characteristics. The change in use provisions include a requirement for both analysis and mitigation for all impacts associated with a conversion or expansion. D. The effect of the proposed amendment on traffic generation and road safety. Response: Both the expansion of existing lodges uses and the conversion to uses allowed in the underlying zone district would include an analysis and mitigation of increased traffic generation and impacts on road safety. E. ii'hether and the extent to which the proposed amendnrertt would result in demands on public facilities. including but not limited to transportation facilities, sewage facilities, water supply. parks, drainage. schools, and ernergenci medical facilities. Response: Both the expansion of existing lodges and the conversion to uses allowed in the underN-ine zone district would include an analysis of public service impacts. F. Whether and the extent to which the proposed amendment would result in signiftcantlh adr-erse impacts on the natural environment. Response: All existing lodges are located in the urbanized area of the Cite. In addition. impacts associate with individual projects would be assessed during the change in use and expansion re%,iew process. - G. Whether the proposed amendment is consistent irith and compatible with the communiti character in the Cite of Aspen. Response: An analysis of neighborhood compatibilit\ ,could be completed for each individual project. H. Whether there hcn,e been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The most significant change as been the small lodge market within the City, and the unattended consequences of the LP zone district. Due to the changing physical characteristics of Main Street, the tourism experience has been significantly impacted by additional traffic on State Highway 82. In addition, lodge owners have noted that the I Whether the proposed amendment would be in conflict with the public interest. and is in harmony with the purpose and intent of this title. Response: Staff does not believe that the proposed amendments are in conflict with the public interest or the purpose or intent of the Clt-v of Aspen Land Use Code. COMMISSION RECONI,ME;S'DATION: On Jule 31, 1996, the Planning and Zoning Commission unanimously recommended approval of the proposed amendments to Cite Council. RECOMMENDED MOTION: "I mo-e to approve Ordinance 29, Series of 1996 on first reading." CITY MA.NAGER'S COMMENTS: Ex-hibits: A - Planning Zoning Commission Jul% -10. 1996 Hearinc%linutes B - Ordinance 29, Series of 1996 C - LP Zone District Text D - R-6. R-15. R-1 5A. RNIF and Office Zone District Text He Location C .HOME DAVENI CASES LODGE ZO\FCC, DOC In Aspen City Council Regular Meeting August 26, 1996 Councilwoman Richards moved to adopt Ordinance 931, Series of 1996, on second reading; seconded by Councilman Marolt. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #30, SERIES OF 1996 - 935 E. Hyman Waiver of Park Dedication Fee Stan Clauson, community development department, told Council this is the property on east Hyman that contains the rock, which Council has designated historic. The property is being developed with 2 free standing houses. The applicant has requested a waiver of the $7268 park dedication fee. The park dedication fee waiver is available as a historic preservation incentive to offset the impacts of compliance with HPC. Clauson noted there are no standards by which a waiver is measured. Clauson reminded Council one of the conditions at HPC is that nothing will be built in front of the rock that would obscure the rock from view from the street. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance 430, Series of 1996, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Marolt, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #29, SERIES OF 1996 - Code Amendment Small Lodges Dave Michaelson, community development department, reminded Council these series of amendments address small lodge including amendments to the GMQS as well as a change in use provision for small lodges. Michaelson noted the LP zone would become an overlay and the properties zoned LP would drop into underlying zoning. The LP zoning with underlying zoning would recognize small lodges as a use by right and allow them to exist or to expand. Allowing the lodges to go back to the underlying zoning would allow them similar uses as adjacent properties. Michaelson said staff will need to prepare another ordinance to rezone these 3 Aspen City Council Rezular Meeting • AuQust 26, 1996 properties. Michaelson said the Hotel Aspen and Molly Gibson have both office and R-6 zones and the uses will be refined when the lodges are rezoned. Michaelson presented a chart that shows the development potential under underlying zoning for each property for conceptual build out numbers. Michaelson said each owner will have to go through a specific analysis for their property. Michaelson said one issue is mitigating conversion, the concept of growth versus change. Michaelson said staff tried to find a method to allow conversion and not put additional burdens on the community. Michaelson said the conversion factor used is that 2.5 tourist accommodation units equals the impacts of a three -bedroom single family home. Michaelson said it was important to the community and the lodge owners to have a mechanism where lodges could expand. Michaelson said with the 2.5 conversion rate, if certain lodges expanded using that number, there would be a residual left over unit count. Michaelson said staff suggests this residual serve as a pool for lodge expansion as opposed to additional free market homes. At the .last meeting, Councilwoman Waggaman suggested having an immediate pool available for lodge expansion. Michaelson said these 11 units could be available for lodge expansion and in 1998. Staff would look at how many conversions took place between lodge units and free market and come up with a number, which if greater than 11 units in the pool would roll over to the next year. Michaelson said the first year, staff would have to be careful how many lodge units were allowed to change to free market. Michaelson said there is a letter from Alan Richman, representing Si Kelly and the Buckhorn Lodge, on the issue of small lodges that are outside LP, proposing 4 different methods of integrating these types of lodges into this code amendment. Michaelson said staff feels by having commercial lodge (CL) zoning, the Buckhorn has uses that other LP lodges do not. Michaelson said one idea staff would like to investigate is the concept of vertical zoning. Michaelson told Council the AACP directed staff to look at vertical zoning, which would allow different zone districts for different levels of a particular structure. Michaelson said a question of Council was how was this process work, how would the mitigation be dealt with. Michaelson said there will be a lottery for lodges there will be a free market lottery, a lottery for conversion to non-residential uses only for lodges zoned office, and a lottery for lodge expansion using the residual pool. Michaelson said Council feels there should be a pool available for lodges as soon as possible. 11 Aspen Citv Council Regular Meeting • Anust 26, 1996 Michaelson told Council the rate of conversion is 14 units per year which was arrived at in discussion at P & Z, where everyone felt comfortable that 14 conversion of lodge units per year was not a wave of conversions. Michaelson said every lodge has a different buildout potential due to underlying zoning. Each lodge would pull the number they needed until beyond 14, which may mean using 1 or 2 units from the next year's pool. Michaelson suggested allowing one lodge more than there are units to pull their quota. That way if a lodge were denied conversion because they could not meet the criteria in the change in use provision, another lodge would be ready to go. Michaelson reminded Council the 11 available lodge expansion units came from the 1995 revisions to the GMQS. Michaelson said the city cannot go back prior to 1995 because that is when these umibecame available. Michaelson said the 11 units was an acceptable growth rate. Michaelson said staff feels the development of free market units would require mitigation per Ordinance 1, either an ADU or cash - in -lieu. There are no waivers to housing mitigation, park impact or parking in these amendmen s. c me aelson said comrcial or o ce wi ave to mitigate for 66 perc— e�oTthe new employees. Staff recognizes that some lodges have housed employees. Michaelson said there is also a difference between a lodge that emus 5 or 6 people and the development of a free market home. Michaelson said the time to assess that would be within the change in use provision. Michaelson said staff needs tune to wor chit ese tough. 1Vlichael`son said office space and commercial would mitigate for their employees. Michaelson said staff thinks the suggestion of having a pool available immediately for lodge expansion is a good one and that has been added to this ordinance, Michaelson reminded Council at first hearing affordable commercial space was brought up. Michaelson said staff favors a way to encourage keeping locally serving businesses in town; however, the LP zone is not the appropriate place to do this and it should be looked at with all commercial and office development. Michaelson said a question at the last hearing was whether there is a way to keep a lodge from acquiring the majority of expansion units. Michaelson answered the rate is controlled. There is language to prevent banking, if an applicant does not pull a building permit within 18 months, they would lose the allocations and not be able to enter into the lottery for 5 years. Another question is whether this should be competition -based for free market or office expansion. Michaelson said one of the main goals is to allow the conversion to take place and to allow lodges to expand F Aspen City Council* Reizular Nleetin2 • Au2ust 26, 1996 outside the traditional GMQS competition. Michaelson said he feels the standards for the change in use provisions are more stringent than those included in the current change in use provisions. Michaelson noted another issue from the last meeting was whether a group of senior citizens could purchase a lodge and live independently. Michaelson pointed out there is a group home provision in every zone district; a group home is defined as a permanent building owner -occupied, used exclusively for residents for not more than 8 persons 60 years or older. Gideon Kaufinan, representing the small lodges, said they would like to set up a mechanism to be able to borrow from the future because lodges do not exactly fit into the given quota. Kaufman said they would also like to be able to start the lottery this year. This process has taken a long time and will still take awhile to get through the entire process. They would like to have 14 units available in 1996 and again in 1997. Michaelson said they are only concerned about having time to get the submittal packet together yet this year. Kaufman suggested to start out by borrowing from unused quotas and to make them available right now. The accounting can be done later. These units will only be borrowed. Councilwoman Richards said she would like the ordinance to contain an affirmation of vertical zoning. Mayor Bennett suggested Council direct staff to come back with a recommendation on how to incorporate vertical zoning. Councilwoman Richards favors creating a larger pool for the first year and have one this year because of all the time and work that has gone into itACouncilwoman Richards brought up required occupancy in ADU units that will be built as a result of conversion to free market. Michaelson told Council he has been directed by P & Z io revise the ADU regulations and is scheduled before P & Z in September. Michaelson said one proposal is not to give FAR bonuses for accessory dwelling units. Michaelson said another proposal is that ADUs have to be either managed by the housing office and rented for six months or the developer pays cash -in -lieu. Michaelson said he would rather revise the ADU regulations as one piece. Councilwoman Richards agreed she does not have to have two separate regulations for ADU units. Councilwoman Richards asked about employee housing mitigation. Michaelson said if a lodge housed 5 employees and was changing use, one issue would be whether the employees were unique to the lodge. The employees will not go away and this should fall within the 50 percent replacement program. The intent is to 2 Aspen City Council 0 Regular Meeting *August 26, 1996 balance what is there now versus what is going to be there as well as not dropping below the 60 percent mitigation requirement of GMQS. Councilwoman Richards asked what happens if a project applies and loses 3 years in a row because the lottery is random and there are not enough units available. Councilwoman Richards asked if this project should be weighted for the next year. Kaufman said in the GMQS lottery, an applicant has to expend money to be able to compete. In this lottery, one just need apply. Michaelson said staff feels that not every single lodge will compete in this lottery. Mayor Bennett said this is an issue that Council may want to look at again in 1 or 2 years. Councilwoman Waggaman suggested if a lodge applied 2 years and was not successful, they might get 2 entry tries for the third year. Mayor Bennett opened the public hearing. Joe Wells , representing a small lodge owner, told Council they would like to not wait until spring 1997 to be in a lottery for an expansion. Wells said people may apply for both lotteries and perhaps lodge owners should have to pick the one under which to proceed. Wells said the internal FAR issue is the percentage of the total square footage of the lot devoted to a particular use, not 1:1 FAR which is building square footage related to lot square footage. Wells suggested internal FAR may be better stated as a percentage because it is a percentage devoted to the use. Michaelson said staff feels comfortable with the language. Michaelson said as a way of encouraging affordable housing as a trade off for increasing FAR, this is sound. Councilwoman Richards suggested this issue be part of the land use code clarification or simplification. Wells said the date of the lottery and an immediate pool of units are the important issues. Alan Richman reminded Council he had submitted a letter about the Buckhorn Lodge being included in this or addressed somehow equitably. Richman said the Buckhorn is similar to the LP lodges being discussed. The Buckhorn was a non- conforming lodge when the small lodges were addressed in the 1970's. Richman said the mix of uses on the property would have just exchanged non -conformities. Richman said CL zoning can be just as constraining on a property as LP zoning. The CL zone requires commercial on the first floor and lodge units on the second floor. Richman said in the list of alternatives, 2 would allow these 9 lodge units at the Buckhorn to become office. Other alternatives would allow the lodge units become long term rental. Richman said the Kelly are reluctant to spend a lot of h Aspen Citv Council 10 Regular Meeting • Aueust 26, 1996 money without knowing if Council supports vertical zoning. Richman said the Kellys do not want to become the private application for vertical zoning. Mayor Bennett said he would support vertical zoning. It seems like a logical solution to the Buckhorn problem. Councilmembers Richards and Marolt agreed. Councilman Marolt said he would like to see it be part of this ordinance Michaelson said the only research ever done on vertical zoning is what appears in the AACP. Staff would like a chance to discuss this with other communities and also take it to P & Z. Michaelson said vertical zoning has been successful in other communities. Richman offered to collaborate on the research. Richman asked if Council sponsoring the vertical zoning would take them off the code deadlines for zone amendments. Worcester said yes they would be off that deadline because Council is sponsoring the code amendment. Diane Moore, ACRA, said this ordinance goes toward creating a level playing field. Ms. Moore recommended the 35 percent of the total pillows in the LP zone district be used as a starting point for this ordinance. Ms. Moore said the impact on the reduction of the bed base is minuscule. Jasmine dePagter said not all of the lodges owners will apply for conversion or expansion immediately. Mayor Bennett closed the public hearing. Kaufinan said if there is a 14 unit lottery in November 1996, in 1997 there could be two 7 unit lotteries. This is to get relief for the past buildup of units. Michaelson said that is all right as long as this is not increased beyond 14 per year. Kaufinan said all 3 types of lotteries should be held in 1996. Michaelson said as long as this integrates the concept of lodge pool it will work. Council supports the immediate creation of a lodge pool. Stan Clauson, community development director, noted that a fundamental premises is that the location of a lodge determines the zoning available. The lodge may exist on a property that when converted may only accommodate one or two single family houses. The zoning is not being changed to accommodate these parcels of land. Some lodges are in the multi -family zone and would do well as multi -family structures. Clauson said some lodges may demolish; some may renovate within their structures. Clauson said the flexibility exists to do different things with the property but one must do what is allowed by zoning. Clauson said he feels these regulations respect the zone districts and also provide for flexibility within that limitation. Clauson said they feel like they have achieved a balance for the city and �'3 Aspen City Council 10 Regular Meeting *August 26, 1996 for the lodges. Clauson said staff and the committee have reached a consensus that it will not hurt the community to have some of these lodges convert to something else. Clauson said some concerns in this are that Aspen will lose their lodging base, that the historic character of these types of lodges should not be lost from the community. Clauson said this is similar to the city's design standards ordinance and is complex to address all these concerns. Mayor Bennett asked if it necessary to put the specific lottery dates in the ordinance rather than reference the number of units available per year. Amy Margerum, city manager, said it may be better not to have the dates in the ordinance because staff will not have to come to Council and change the ordinance every time the date changes. Clauson said the staggering of dates for the lotteries is to permit staff to assess the number of units that will be vacated. If there is an initial allocation pool, the staggering of dates is not so important. The ordinance could state there will be one date each year for each lottery as decided by the community development department. Council needs to decide whether there is to be a lottery in 1996 and how many units will be available. Councilwoman Richards suggested there be a lottery November 1996 with 14 units and 7 in 1997. Council agreed. Councilwoman Richards moved to amend the Ordinance on page 7 to delete the schedule and application in the change in use paragraph and to add the schedule for the change in use or lodge expansion lottery will be established annually by the community development director starting in 1996; seconded by Councilman Marolt. All in favor, motion carried. Councilwoman Richards moved to amend Section 5 inserting that there will be 14 units sometime in calendar year 1996; 7 in 1997 and 7 in 1998; seconded by Councilwoman Waggaman. All in favor, motion carried. Mayor Bennett said he is comfortable using the 35 percent number because of the enormous public process this amendment has gone through which included the ACRA, lodge representatives, business community and P & Z. 0 Aspen Citv Council* Regular Nleetin2 • Autiust 26, 1996 Councilwoman Waggaman moved to amend the ordinance on page 7, second paragraph to include the language presented by Michaelson at this meeting; seconded by Councilwoman Richards. All in favor, motion carried. Kaufinan brought up whether Council will have the flexibility to grant an excess allotment for 1 or 2 units. Michaelson said the lottery will progress until it exceeds. 14 units. If a lodge goes over that 14th unit, it will come off the following year so that the unit rate stays the same. This could be limited to the amount of units that can be borrowed. Councilwoman Richards moved to amend the ordinance on page 7 as the lottery progresses a running total of potential build out of units of commercial square footage determined by underlying zoning shall be kept and the lottery will continue until the 14 annual units was exceeded by not more than 2 units; those units will be considered multi allocation Louts and will come off the following year's pool at the discretion of P & Z, the specific language to be worked out by staff, seconded by Councilman Marolt. All in favor, motion carried. Councilwoman Richards moved to amend Section 5 on page 5 that the annual development allotment to include language that the ordinance shall incorporate 11 lodge expansion units for the initial lottery pool; seconded by Councilman Marolt. All in favor, motion carried. Clauson said on the ADU units, he would prefer not to have several different rules governing ADU and would like to have this come through the system. Staff and P & Z are working on general rules for ADUs. Council agreed to wait for that legislation. Councilwoman Waggaman moved to adopt Ordinance 429 with the amendments that have been added; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Marolt, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilman Marolt said he is disappointed that there is not more in here for the lodge owners. Councilman Marolt said the problems with the small lodges was the process. Kaufrnan said the small lodges worked hard with the city. This ordinance addresses the Council's concerns and hopefiilly will address the concerns of the small lodge owners. 10 Aspen City Council* Regular Meetiny- • Au-aust 26, 1996 was not to have any commercial operations at the ice rink. Ms. Wolff said this is only to allow them to operate until the end of the summer season. Ms. Wolff said staff has had no complaints about Blazing Paddles and this actually takes traffic off downtown streets. Councilwoman Waggaman asked if the applicants can be asked to load on the side streets rather than on Durant avenue as Durant is a major transportation street. Mayor Bennett opened the public hearing. Doug Niehaus, manager of the Tipple Inn condominiums, said Blazing Paddles has been parking and loading on Dean street between the North of Nell and Tipple Inn. The concern is this area is getting congested with skateboarders, roller bladders, people that use the alley for "just a minute". Niehaus said they would like the applicants told not to use this area. Mayor Bennett closed the public hearing. Stan Clauson, community development director, said this approval is to get the applicants through the season. Staff has not intended to take an exhaustive look on how Blazing Paddles operation may be changed. Clauson said Blazing Paddles will not be able to return unless there is an amendment to the PUD. This amendment would take a look at the entire area, including traffic and parking. Councilwoman Richards said she would like to make sure the Dean street is not being used as a parking area. This should be enforced by the police. Councilwoman Richards said she would be willing to look at an amendment for the ice rink area to have it be more available for community uses and more lively. Councilwoman Richards moved to adopt Resolution #50, Series of 1996, the temporary use permit with the condition that the trucks and loading not happen on Dean street Tipple Inn area; seconded by Councilman Marolt. Mayor Bennett said he would be glad to consider a request for an amendment to the Aspen Mountain PUD and using empty space there makes sense. All in favor, motion carried. RESOLUTION #51, SERIES OF 1996 - Submitting a Ballot Question re Transportation Corridor 12 A-M-ICAMIC*J CPoWn--J) IV. REVIEW REQUIREMENTS The Applicant's ability to develop the project is subject to the receipt of a GMQS exemption for the construction of the proposed multi -family dwelling units. Subdivision approval is also required. Vested property rights status is requested for all land use approvals granted pursuant to this application. Each of these require- ments is discussed below. A. Growth Management Exemption Pursuant to the provisions of Section 26.100.050.C.2.a. of the Land Use Regulations, a change in use of any existing structure previously zoned LP, Lodge Preservation, to residential use is exempt from the City's GMQS regulations subject to compliance with certain review criteria. The specific criteria, and the proposed development's compliance therewith, are summarized as follows. 1. 'The Planning and Zoning Commission determines in a public hearing that employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an analysis and creditfor existing employee housing and the incremental impact between the existing use and the proposed conversion." No additional employees will be generated by the proposed change in use. Prior to submission of the Applicant's 1996, small lodge conversion lottery application, Art Daily, the Applicant's attorney, had several discussions with Dave Tolen of the Aspen Pitkin County Housing Authority concerning the proposed development's potential employee housing mitigation requirements. Utilizing employee generation factors provided by Dave, it was determined that the Fireside Lodge's existing employee generation was approximately 21.5 employees. This figure was derived based on the following calculations. 18 20 Lodge Units x 0.2 Employees/Unit = 4 Employees 3,500 Sq. Ft. Net Restaurant Space _ 1,000 Sq. Ft. = 3.5 3.5 x 5 Employees/ 1,000 Sq. Ft. = 17.5 Employees 4 Employees + 17.5 Employees = 21.5 Employees - While the Land Use Regulations do not presently contain a specific methodology for calculating the number of employees theoretically generated by residential development, it is my understanding that Dave relied upon a statement contained in the Growth Action Plan element of the Aspen Area Community Plan in determining that no additional employees would be generated by the proposed change in use. The Action Plan states that "New residential subdivisions required to compete in the Growth Management Quota System shall have a mandatory requirement of providing a minimum of 60% affordable housing." Based on the formula which has historically been utilized in the GMQS process to determine the number of employees to be housed in a proposed subdivision, Art and Dave calculated the proposed development's theoretical affordable housing generation as follows. Where x = Number of Employees to be Housed and y = Total Number of Free Market Residents x=0.60(x+y) 4 - 4 Bedroom Units @ 3.5 Residents/Unit 4 x 3.5 = 14 Free Market Residents x = 0.60(x) + 0.60(14) 0.40(x) = 8.4 x = 21 Employees 21 < 21.5 19 • As noted previously, the above formula is not codified within the Land Use Regulations. In fact, the application of the formula results in a theoretical employee generation which significantly exceeds that which would arguably be required to mitigate the addition of four new -single-family residences to the City's housing inventory. Clearly, a need for 21 new employees would not arise as a result of this project. The application of the formula, however, does serve to illustrate that the existing Fireside Lodge's employee generation exceeds an obviously inflated estimate of the employee generation attributable to the proposed development. 2. 'The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in -lieu will be used." Two off-street parking places per dwelling unit will be provided in each townhome's enclosed garage. The proposed parking, therefore, complies with the off-street parking requirement of the R/MF zone district. 3. 'The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood." The predominant zoning in the immediate site area is R/MF, Residen- tial/Multi-Family. The area immediately south of the project site is zoned R-15, Moderate -Density Residential. The predominant land use in the immediate site area consists of existing duplex and multi -family residential development. The City's Koch Lumber Park is located on the south side of Cooper Avenue and occupies the area zoned R-15. The Aspen Ice Garden is located across South First Street and north of the property. The proposed development is clearly compatible with the character of the surrounding area. 20 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Community Development Directd/r_� FROM: Julie Ann Woods, Deputy Directo i DATE: July 21, 1997 RE: Fireside Lodge Townhomes-- Subdivision SUMMARY: The applicant requested a GMQS exemption for a change in use to change the use of the existing Fireside Lodge from twenty (20) lodge units, an approximately 3500 S.F. restaurant, and an outdoor swimming pool to four (4) townhouses (residential use) of approximately 6500 s.f. each. This request was approved by the Planning and Zoning Commission at their meeting on May 20th. The applicant is now coming before the City Council requesting approval of the subdivision which is required for land to be used for condominiums, apartments or any other multi -dwelling units. City Council passed on first reading this subdivision request, and is now considering the application on second reading. The applicant has also requested vesting approval. APPLICANT: Fireside Townhomes, LLC, represented by Sunny Vann. LOCATION: The property is located at 130 W. Cooper Ave. ZONING: The property was recently rezoned to R/MF by the City Council as part of the Lodge Preservation Rezoning on February 10, 1997 (Ord. No. 2, Series of 1997). It was previously zoned LP Lodge Preservation. EXISTING LAND USE: An existing three-story, twenty (20) unit lodge with an approximately 3500 S.F. restaurant, and an outdoor swimming pool. LOT SIZE: 18,000 s.f. (six city lots). REVIEW PROCESS: The GMQS exemption for change in use for small lodges (thus removing the LP Overlay) was a one-step process before the Planning and Zoning Commission. The Subdivision requires a hearing before the Planning and Zoning Commission, which was held on May 20th, and a hearing before the City Council, which has been scheduled for July 28, 1997. BACKGROUND: The Fireside Townhomes application originally consisted of four (4) four -bedroom units. However, at the May 6, 1997 Planning and Zoning Commission • meeting, two additional bedrooms were allocated to this project under the small lodge lottery program. The application has been modified to allow 2 four -bedroom units and 2 five -bedroom units. The floor plans have not been modified to indicate the additional two bedrooms because the bedrooms will replace existing square footage within the building footprint. DISCUSSION: Subdivision Review Under the city's land use code, any land to be used for condominiums, apartments or any other multi -dwelling units... is considered a subdivision and is required to submit a subdivision plat for review by the city engineer, approval by the City Council and recordation in the County Clerk's office. There are six review standards for all subdivision plats that must be met: 1. General Requirements. a. The proposed subdivision shall be consistent with the AACP. One element of the AACP is to provide incentives for small lodges. Since the adoption of the plan, the City Council has adopted Ord. 29, Series of 1996 which addresses the concern of making the lodges economically viable. The Fireside Lodge was awarded four (4) four -bedroom residential allotments through the small lodge lottery in November 1996, two additional bedroom allocations in the May 1997 lottery, and has been approved for the change in use to secure these allotments. The location of this development lends itself to limiting use of personal vehicles and encourages use of mass transit and walking to downtown. Another policy of the AACP is to "maintain design quality and compatibility with the historic features of the community". In conjunction with this application for a change in use, the applicant is proposing architecture which, with some minor modifications, meets the Ord. 30 residential standards. Staff believes that this proposal is consistent with the policies of the AACP. b. The proposed subdivision shall be consistent with the character of the existing land uses in the area. The existing area is primarily multi -family residential land uses; the proposed multi -family townhomes will be consistent with the area's character. The proposed subdivision will not adversely affect the future development of surrounding areas. The proposal should have no adverse affect on the immediate area and should actually have less impacts than the existing lodge and restaurant use. 2 d. The proposed subdivision shall be in compliance with all applicable requirements of this title. Though the final plat has not yet been prepared, the proposed site plan indicates the standards of Title 26 will be met. 2. Suitability of land for subdivision. The project is located on existing platted Townsite lots. The site is flat and is served by existing utilities. The site is suitable for subdivision. 3. Improvements. The applicant has been informed of the necessary and required improvements for this project and is prepared to provide the required improvements. 4. Design Standards. The applicable design standards will be met. An ornamental street light will be placed at the intersection as required by the Electric Dept. Though the applicant is showing more than the required trees for this project, the subdivision regulations require a minimum of "at least two (2) such [street] trees shall be provided for every lot in excess of seventy (70) feet frontage." These trees should be planted in the parking strip between the back of curb and the sidewalk. The applicant should work with the Parks Dept. to determine the appropriate spacing and species for these street trees. Parks has also requested that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction. In addition, new sidewalks, two handicap ramps, an alley apron, the relocation of a utility pedestal and pole and new replacement curbing will be provided to meet the design standards as shown on the revised site plan. 5. Affordable Housing. The proposed change in use from the existing 20 room lodge and restaurant to 4 residential units represents a significant reduction in the requirement for employee housing. There is no established formula for the generation of employees for conversion to residential units, however, the Housing Office has concluded that no further mitigation is required for this specific application (see Housing Referral, Exhibit A). 6. School land Dedication Standards. School land dedications shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. Cash -in - lieu payments may be made based on the following formula: Market Value of land x applicable land dedication standard (based on # of bedrooms) x .33 Based on the two four -bedroom units and two five -bedroom units, the cash -in -lieu payment would be $22,822.80. This amount will be required at time of building permit. The applicant has requested that the preparation of the final plat be delayed until after City Council review of this project. A condition of approval should be that a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All of the conditions of approval should be included in the final plat which meet city and state codes regarding subdivisions. This plat should be recorded 3 prior to issuance of permits for demolition and re -development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. In addition, the required GIS data in a digital format acceptable to the Community Development Dept. must also be submitted. VESTING: As part of this subdivision request, the applicant is seeking a three year vesting period based upon the site specific development plan for the Fireside Townhomes, in accordance with Section 26.52.080. The public hearing required by this section of the code may be the same public hearing required under Title 26 for any final approval. In accordance with Section 26.52.080, the city clerk shall cause notice to be published not later than 14 days following this public hearing, advising the public of the site specific development plan approval and creation of a vested property right. OTHER ISSUES: All required public facilities are located within W. Cooper Ave., First Street, or the alley. Services for the lodge have been in place for several years. The change in use will place less demand on services then the existing 20 unit lodge. The Aspen Consolidated Sanitation District has indicated that they have the capacity to serve this project, but that the existing service line will need to be abandoned, and that the new units could be served by four individual service lines. If any other configuration is being considered, shared service line agreements and superintendent approval would be required. All on -site run- off and clear water connections must be directed to dry wells. The ASCD also requests that tap permits be completed prior to the issuance of a building permit (see attached ASCD Referral, Exhibit B). These were placed as conditions of the GMQS Exemption approval. The Engineering Dept. has indicated that " A copy of the soils report must be submitted with the final site development plans for the building permit. A Drainage report and mitigation plans completed, stamped and signed by a Colorado licensed Engineer shall be included in the site development plans submitted for the demolition permit." In addition, "Utility meters and service connection points must be accessible to service personnel. ..and not obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located within the public rights -of -way." (See attached Engineering Referral, Exhibit Q. The Fire Dept. has indicated that the proposed building will require an automatic sprinkler system (see attached Fire Dept. Referral, Exhibit D). This was also placed as a condition of the GMQS Exemption approval. The Environmental Health Dept. has indicated that they anticipate a reduction in traffic generation and therefore does not require additional air quality mitigation. 4 0 0 The property owner will be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement must be executed and recorded concurrent with the final subdivision plat. The applicant is also advised that they must receive approval from the Engineering Dept. for design of improvements, including landscaping, within public rights -of -way, parks dept. for vegetation species, and streets dept. for street and alley cuts, and shall obtain permits for any other work or development from the Community Development Dept. The applicant is advised that it is prohibited to plow snow from private property into the alley or street. RECOMMENDATION: Staff recommends approval of the Subdivision and vested rights for the Fireside Lodge, 130 W. Cooper Ave., subject to the following conditions: 1. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat; 2. That a copy of the soils report be submitted with the final site development plans for the building permit; 3. That a drainage report and mitigation plans be completed, stamped and signed by a Colorado licensed Engineer and be included in the site development plans submitted for the demolition permit; 4. That utility meters and service connection points be accessible to service personnel and not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment be installed on an easement provided by the property owner and not located within the public rights -of -way; 5. That the cash -in -lieu payment for school land dedication be submitted at time of building permit application; 6. That the required GIS data in a digital format acceptable to the Community Development Dept. be submitted with the final plat; 7. That a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re- development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 8. That the applicant work with the Parks Dept. to determine the appropriate spacing and species for street trees and that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction; and 9. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. • PROPOSED MOTION: "I move to approve Ordinance Number 23, Series of 1997, the Subdivision and vested property rights of the Fireside Townhomes, 130 W. Cooper Ave., subject to the conditions outlined in the Community Development Dept. memo dated July 21, 1997." CITY MANAGER'S COMMENTS: Attachments: Exhibit A --Housing Office referral Exhibit B-- Sanitation District referral Exhibit C--Engineering Dept. referral Exhibit D--Fire Dept. referral Exhibit E--Environmental Health referral Exhibit F--Planning and Zoning Commission Resolution (draft) Exhibit G--GMQS Exemption application (booklet form) Exhibit H--Revised Site Plan and footprint dated May 13, 1997 Exhibit I --Ordinance No. 23, Series of 1997 GAPlaming\aspcn\cascs\gmgsTr id3 6 fjI H, eb .�-,r u'j:j4krl 1i5h' " 1(.1115ii�b C,F,: P.1 MEMORANDA M TO: Julie Ann Woods, Cammun►ty Development Dept. FROM: Cindy Christensen, Housing Office DATE: April 26, 1997 RE: Fireside GMQS Exemption for a C`range in Use Parcel ID No, 2735-124-69-005 ISSUE: The applicant is requesting an exemptcn to convert a 20-unit lodge with a 3,500 square toot restaurant into four townnomes. The four townhorres are to contain four bedrooms, five and ore -half baths, and approximateiy 6,500 square feet of livable area including a basement. BACKGROUND: Accorcing to the City of Aspen M::niclpal Code, Section 25.100.050, D, 2, a: change in use/lodge expansion. A chsngr in use of any existing structure previously toned LP to either carnmerclatloffice or residential use, or the expansion of an existing lodge prsviouwly zoned Lp shaif be exempt from growth management competition and scoring proc>3dures, provided that the following conditions are mat. (1) The Planning and Zoning Commission determines in a public hearing that employee housing or cash -in -lieu *11 be provided to mitfgate for additional employees generated by the change in use or expansion. This shell Include an analysis and credh far existing employee housing and the incremental impart between the existing uss and the proposed conversion; The calculations the applicant has provided for employee mitigation are accurate. Therefore, no adcfitional mitigation is required. RECOMMENDAT10N: The Housing Office agrees with the applicant that no further mitigation is reauirea for this specafic application. J7Spel? ��OI1S0llo�aleo��?CII?IIQ�IJI? JI.S11'IC1 -$0; NorthMill Snect Aspen, 81011 Tcle. 970 92; 3601 FAN = 970 9—";--;;7 S\ Kc!l\C1�airn,an Paul Smith Treas. Louis Popish • Secy. April 22, 1997 Juile Woods Community Development 130 S. Galena Aspen, CO 81611 Re: Fireside Subdivision Plat Dear Julie RECEIVED \licharl Nclk Frank L U',11111 Brucc Manccrk, Q%{ 007 The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this project. We do have some downstream constraints, in the collection system, which will be eliminated through additional fees that we are charging new development in this area. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The existing service line will need to be abandoned according to our line superintendent's specifications. The new units could be served by four individual service lines. If any other configuration is being considered, shared service line agreements, and our line superintendent's approval, would be required. We would like to see the detailed mechanical plans when they become available in order to review the service line configurations. All on site run-off and clear water connections must be directed to dry wells. This would include trench drains for garages, foundation drains, garage floor drains, and roof drains. We would request, as a condition of approval, that tap permits be completed prior to the issuance of a building permit. Total connection charges can be estimated once detailed plans are available. Sincerely, Bruce Matherly l District Manager FPA A\\ard, of 1 \cc!Ic!):c 19-6 11)N6 191-O i:C,'.,).:.tl x,.J Nang nai • • &, �,. 5, +- C MEMORANDLIM To: Julie Anne Woods, Deputy Community Development Director Thru: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer C,J Date: May 9, 1997 (Final version of May 1, 1997 response) Re: Fireside Townhomes GMQS Exemption, Change in Use, & Subdivision Physical Address: 130 West Cooper Avenue, Aspen, CO Legal Description: Lots K. L. M, N, O, & P, Block 61, City and Towmsite of Aspen. CO After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Curb, Gutter & Sidewalk: The property owner has proposed constructing or repairing (as appropriate) curbs, gutters and sidewalks along the two street frontages of West Cooper Avenue and South 1 st Street. To the extend possible the sidewalk should be detached from the back of curb to provide a separation between the pedestrian walkway and the vehicle travel way. This area is recommended to be at least five (5) fr in width for snow storage and to be viable as a landscaped median. This median also provides space for the opening of vehicle doors without obstructing the sidewalk. With the exception of the spruce, and possibly the double quaking aspens (as listed on the Improvement Survey. Schedule of Trees, items 27 and 1), the sidewalk may be detached from the curb for the entire street frontage of W. Cooper Avenue. Similarly, the sidewalk may be detached along the entire street frontage of S. 1st Street by relocating the small diameter aspens (3) and spruce trees (2) to the median space between the back of curb and sidewalk. A wider landscape median would be preferable to provide more space for the trees in the median. The terminus of each sidewalk should align vertically and horizontally with the sidewalks or pedestrian useable space on the adjoining properties to either side of the subject property. A representative from the Parks Dept. has scheduled a site visit with Sunny Vann for the week of May 5, 1997 to evaluate the impact to the trees. The Parks Dept. will then provide a memo further discussing the impacts to the trees. Due to the existing geometry of the intersection comers, two (2) directional handicap ramps are required at the northeast corner of W. Cooper Avenue and S. 1 st Street so as to direct pedestrians into the cross -walk area on either leg of the intersection rather than directing them into the intersection between the cross -walks. 1 OF 3 DRCM0997.DOC Memo - Fireside Townhomes Giv1QS E01ion. Change in Use, and Subdivision 0 The depressed curb at the existing curb cuts should be replaced with standard 6" vertical curbs when the driveways fronting on the two streets are removed. 2. Alley & Apron: At present, the alley itself is not paved (only parking against the building itself) and should remain unpaved although topping with a two (3) inch lift of crushed, screened rock would reduce the dust while preserving the infiltration qualities for absorbing surface drainage. A reinforced thickened section (6") apron and sidewalk is recommended at the westerly end of the alley on to S. 1 st Street. 3. Utilities: Distribution and collection lines and mains for each of the utilities are in place in the rights -of -way surrounding the property. As such. each unit should be provided with individually metered service lines although single or multiple taps into the distribution and collection lines and mains may be required by each of the utilities. Sizing and coordination of the water sen•ice lines shall meet the requirements of the city Water Department and the Fire Marshall. If the existing telephone and/or cable TV pedestals located in the alley are relocated. they shall be replaced in easements provided by the property owner. The proposed site plan provides areas along the alley frontage where this may be accommodated. There are two (2) telephone and cable TV pedestals on the south side of the alley adjacent to the subject property located approximately at each end of the northerly corners. Utility meters and service connection points must be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located within the public rights -of -way. 4. Site Drainage and Erosion and Sediment Transport Control: The new development shall not release more than historic storm run-off flows from the site and any increase in historic storm run-off flows must be first routed and detained on the site. A copy of the soils report must be submitted with the final site development plans for the building permit. A drainage report and mitigation plans completed, stamped and signed by a Colorado licensed Engineer shall be included in the site development plans submitted for the demolition permit. The report shall include analysis and calculations of the pre- and post -development flows generated by the site for a 5-Year retum frequency; grading and site plan coordinated with the building footprints, easements, and landscaping plan; details and explanation of the techniques to be used to control erosion and sedimentation transport during and after construction; and construction details of the plumbing and drywell or other detention/retention system components. 2OF3 DRC.%10997.DOC Memo - Fireside Townhomes GMQS E-0ion. Chanee in Use. and Subdivision 5. Street Lighting: Street lighting was not addressed in the written application nor shown on the Improvement Survey nor proposed site plan for the development. The electrical superintendent will review the site and provide a subsequent recommendation. Single globe, antique -style street light standards are the typical street light fixture installed in this area of the city. 6. Improvement Districts: The property owner shall be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights - of -way. The agreement shall be executed and recorded concurrent with the final subdivision plat. 7. Subdivision Plat & Agreement and Condominium Plat: A subdivision plat and agreement shall be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re -development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 8. Future Reviews of Site Design and Development: The preceding comments and recommendations are based upon the conditions proposed in the submitted site plan (revision date 02/28/97). If these substantially change, particularly site grading, drainage, building footprint(s), or placement of building footprint(s), the proposed development should be reviewed again by the Engineering Dept. to verify the recommendations against any subsequently proposed revisions to the site conditions. 9. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen,Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 3OF3 DRCM0997 DOC MEMO To: Julie Ann Woods, Deputy Director From: Ed Van Walraven, Fire Marshal Subject: Fireside Parcel ID #2735-124-69-005 Date: April 29, 1997 Julie, As per our conversation this project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to the installation of an approved automatic fire sprinkler system. Also, as we discussed at the DRC meeting, if any units are added to the project then an fire alarm system will be required. Please call me if you have any questions. Thank you, Ed� , 1�1-- i%, ti r Z ____ MEMORANDUM To: Julie Ann Woods, Deputy Director From: Nancy MacKenzie, Environmental Health Officer Date: May 2, 1997 Re: Fireside GMOS Exemption, Change in Use, Subdivision Plat Parcel ID No. 2735-124-69-005 The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device." Wastewater disposal for this parcel is already provided through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) which meets the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle any increased flow for the project should be determined by the ACSD.. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." This parcel is already served with potable water from the City of Aspen system which is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. WATER QUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. This application is not expected to impact down stream water quality. AIR QUALITY: Sections 11-2.1 "it is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the 1 city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reCucing pollutants". The major concern of our department is the impact of increasing traffic in a non -attainment area designated by the EPA. Replacing the 20 unit lodge and 3,5000 square foot restaurant with four dwelling units will actually decrease traffic in the non -attainment area. Therefore no mitigation of air quality is required by this department. FIREPLACE/WOODSTOVE PERMITS The applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. In metropolitan areas of Pitkin County which includes this site, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. DEMOLITION Prior to demolition the applicant should have the building tested for asbestos, and if any is present, should consult the Colorado Health Department regarding proper removal. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 2 • �J TO: FROM: RE: DATE: MEMORANDUM Julie Ann Woods Sara Thomas, Zoning Officer Fireside GMQS Exemption, Change in Use, Subdivision Plat April 30, 1997 The proposed Fireside Townhomes are located on an 18,000 square foot parcel at the corner of Cooper Avenue and South First Street and are within the R/MF zone district which has the following dimensional requirements: Front Yard - 10 Feet ( For corner lots the additional street facing setback is no less than two thirds of the required front yard = 6'8") Side Yard - 5 Feet Rear Yard - 10 Feet Height - 25 Feet Open Space - 35% (6300 square feet) FAR - 1:1 (18,000 square feet) Parking Requirements - 2/dwelling unit Minimum Lot Area per Dwelling Unit - For multi -family dwellings on a lot of more than 9000 square feet for units with more than 3 bedrooms: One bedroom/1000 sf of lot area = 18 bedrooms COMMENTS: The project, consisting of 4 4-bedroom units complies with the lot area requirements. The projects also appears to conform with the required setbacks. However, the drawings indicate the presence of lightwells within the west sideyard setback. Lightwells are only permitted within the setback if they meet the minimum UBC requirement for egress. In addition, the lightwells conflict with the design review standard that all lightwells on the street facing side of a building need to be recessed behind the facade of the structure. The calculations for floor area, height and open space appear to be correct, but will have to be reverified at time of building permit review. VANN ASSOCIATES Planning Consultants October 14, 1997 HAND DELIVERED l� cow O�l,<1� w Gp-o Ms. Sara Thomas Community Development Department C� ~- 130 South Galena Street Aspen, Co 81611 Re: Fireside Townhomes GMQS Exemption Application Dear Sara: Enclosed for the City's review and signature is the subdivision agreement for the Fireside Townhomes Subdivision which is required pursuant to condition #7 of City Council Ordinance No. 23-97. As Exhibits A and B to the agreement indicate, various public improvements and the project's landscaping will have to be financially guaranteed. Will the financial guarantee be required prior to issuance of the permits or prior to commencement of the required improvements? I would appreciate a call p q P regarding this issue, and a copy of the recorded agreement when available. ` J As we discussed, the City has agreed to issue the demolition and building permits for the project prior to the recordation of the final plat as no actual subdivision of the property is proposed. The plat is expected to be finished by the end of the month, and I will forward it to the City for review and signature as soon as it is available. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANP ASSOCIAWS Sung✓ Mann, AICP SV 230 East Hopkins Avenue • Aspen, Colorado 81611 9 970/925-6958 • Fax 970/920-9310 • SCHMUESER GORDON MEYER, INC. 118 W. 6th St. Suite 200 P.O. Box 2155 Glenwood Springs, CO 81601 Aspen, CO 81612 (970) 945-1004 (970) 925-6727 FAX (970) 945-5948 FAX (970) 925-4157 oB ' r Tc,-ur.,�ln,o-w► P s EXHIBIT A SHEET NO. CALCULATED BY r' _ DATE CHECKED BY DATE SCALE I-'b ; ,M �ra-N e yvA,&A Ca�,vt a l � ,r-m . s . z , 00 0 (Qcc Ke ►��cy-�cazd. Mel A�ro ►� z 7.10 S . (0. 60. re. k, I Ike I eA . (Q,000 'E�a . (� 000 �. Ctass Base 4� = �S - 10 f z- oa f 1tSao z1, � a All l ►tcer'r'l x Co-n � i " q e vt,L 3 s. so --X-O�OA --w z q 1-5gS,So • ■ GREG MOZIAN AND ASSOCIATES, INC. ■ Landscape Architecture • Environmental Planning August 21, 1997 Mr. John Galambos Charles Cunniffe & Associates Architects 530 East Hyman Avenue Aspen, Colorado 812611 EXHIBIT B Dear John; Based on the site plan by Charles Cunniffe Architects dated August 4, 1997 and revised August 20, 1997, we've broken down the costs of the trees to be mitigated in the following manner: Existing trees to be removed and then mitigated. A. 4" spruce B. 1.4' and 1' aspens C. 2.8' cottonwood D. 1.1' spruce E. .6' spruce F. .65' spruce G. .65' aspen Based on survey by Alpine Surveys: New trees to be planted that mitigate trees being removed: A. (2) 2" spruces, 6 feet high $220 ea $ 440 B. (12) 2" aspens $150 ea $1,800 (4) 1.2" aspens $100 ea $ 400 C. (14) 2.5" cottonwoods $275 ea $3,800 D. (5) 2" spruces, 6 feet high $220 ea $1,100 (1) 3.2" spruce, 8 feet high $300 ea $ 300 E. (4) 2" spruces, 6 feet high $220 ea $ 880 F. (4) 2" spruces, 6 feet high $220 ea $ 880 G. (8) 1" aspens, $100 ea $ 800 $10,450 Existing trees to be relocated: A. .3' spruce $ 200 B. .3 spruce $ 200 C. .4' spruce $ 750 D. .6' spruce $1000 E. .5 spruce $1000 F. A' spruce $ 750 G. A' spruce $ 750 H. .5' spruce $1000 I. A' spruce $ 750 $6,400 New trees to be planted: (32) 1" aspens at $100 each for $3200 Please call our office with any questions. Thank you. Sincerely, Greg Mozian, President ■ 117 S. Spring Street, Ste. 213 • Aspen, CO 81611 . (970) 925-8963 ■ Fireside Lodge Follow-up 10/30/97 Prior to Building permit: a. 1. Env. Health approves fireplace/woodstove application. 2. ASCD Tap permits be completed. 3. Existing Sanitary Service line be abandoned and new units be served y four P j individual lines. If any other configuration is considered, shared service line agreeme and superintendent approval is required. 4. A copy of soils report be submitted. 5. Drainage Report and mitigation plans be submitted prior to demolition permit. 6. School cash -in -lieu fees be paid. 7. Applicant work with Parks Dept. to determine appropriate spacing and species for street trees. 8. Applicant fences off mature Spruce Trees near intersection. 9. Public Improvements guarantee submitted. 10. Landscape improvements guarantee submitted. At time of Final Plat Recordation: 1. GIS data be provided. 2. Subdivision Agreement recorded. 3. Final Plat recorded. 4. Any new surface utilities or pedestals be provided in an easement on owner's property. Prior to CO: 1. Utility meters and service connections be accessible to service personnel and not be obstructed. 2. Condo plat be recorded at substantial completion. 3. Fire Sprinkler system be installed. 4. Subdivision improvements set forth on Page 2 of the subdivision agreement are completed. 6-4 C� J Facsimile Transmittal 71 �, � a!! E uu T 3 1 1997 C-iv / ri IXIN unnnn�NITY DEVELOPMENT Date o # of Pages To. )�t 7 From Co./Dept. Co./Dept. ASPEN/PITKIN COlY1dVI=Y DEVELOPMENT Phone # Phone # 970-920-5090 Fax # Fax 970-920-5439 .VOTES m/ R C c— uu �i J Ino V VLC: home/admin/fofms/FAX.doc VANN ASSOCIATES, LLC Planning Consultants January 7, 1998 HAND DELIVERED Ms. Julie Ann Woods Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Fireside Townhomes Subdivision Final Plat Dear Julie Ann: Enclosed for the City's review and comment are two copies of the final subdivi- sion plat for the Fireside Townhomes Subdivision. As the project received final approval from the City Council on July 28, 1997, the final plat must be recorded no later than January 28, 1998 (i.e., 180 days from the receipt of Council approv- al). As you know, the required subdivision agreement was submitted in connection with the Applicant's receipt of a building permit. Cathy Strickland in the City Clerk's office has the executed agreement and will record it concurrent with the final plat. Please note that plat note #3 states that all required surface utility easements will be depicted on the condominium exemption plat to be recorded upon substantial completion of the project. This approach was discussed with Ross Sodestrom and deemed acceptable as their location is presently unknown. The required GIS data will be submitted upon completion of the City's review and acceptance of the draft final plat and prior to recordation. I would appreciate it you would review the draft plat at your earliest convenience and call me regarding any required revisions. Upon completion of your review, I will provide you with an original mylar for execution and recordation by the City. I would like to accompany Cathy to the recordation to ensure that all required information is correctly inserted in the appropriate blanks on the plat. I will provide a check to.cover the recordation fee at that time. 230 East Hopkins Ave. • Aspen. Colorado 81611 • 970/925-6958 • Fax 970/920-9310 Ms. Julie Ann Woods January 7, 1998 Page 2 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, SSOCIATES, LLC Enclosure cc: Sam Houston cAbus\6ty.ltrVtr33896.jw2 VANN ASSOCIATES, LLC Planning Consultants January 26, 1998 HAND DELIVERED Ms. Julie Ann Woods Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Fireside Townhomes Subdivision Final Plat Dear Julie Ann: Attached for the City's signature and recordation are two copies of the final subdivision plat for the Fireside Townhomes Subdivision. As the project received final approval from the City Council on July 28, 1997, the final plat must be re- corded no later than January 28, 1998 (i.e., 180 days from the receipt of Council approval). The required subdivision agreement was submitted in connection with the Applicant's receipt of a building permit. Cathy Strickland in the City Clerk's office has the executed agreement and will record it concurrent with the final plat. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, ASSOCIATES, LLC AICP SV:CdK Enclosure c:\bus\city.1tr\1tr33896.jw3 230 East Hopkins Ave. • Aspen. Colorado 81611 • 970/925-6958 • Fax 970/920-9310 r I I H 1 1 1 1 AN APPLICATION FOR A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION AND SUBDIVISION APPROVAL FOR THE FIRESIDE TOWNHOMES Submitted by: Fireside Townhomes, LLC % Sam Houston 620 East Hyman Avenue Aspen, CO 81611 (970) 925-8664 January 12, 1997 Prepared by: VANN ASSOCIATES Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (970) 925-6958 1 PROJECT CONSULTANTS PLANNER r Sunny Vann, AICP Vann Associates 230 East Hopkins Avenue Aspen, CO 81611 (303) 925-6958 ARCHITECT Charles Cunniffe Architects 520 East Hyman Avenue, Suite 301 Aspen, CO 81611 (970) 925-5590 ENGINEER Jay Hammond, P.E. Schmueser Gordon Meyer, Inc. 118 West 6th, Suite 200 Glenwood Springs, CO 81601 (970) 945-1004 SURVEYOR James F. Reser, L.S. 9184 Alpine Surveys, Inc. Post Office Box 1730 Aspen, CO 81612 (975) 925-2688 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Section I. INTRODUCTION II. PROJECT SITE 111. PROPOSED DEVELOPMENT IV. REVIEW REQUIREMENTS A. Growth Management Exemption B. Subdivision C. Vested Property Rights APPENDIX A. Exhibit 1, Pre -Application Conference Summary Exhibit 2, Title Insurance Commitment Exhibit 3, Authorization to Submit Applications Exhibit 4, Permission to Represent Exhibit 5, List of Adjacent Property Owners Exhibit 6, Application Fee Agreement B. Exhibit 1, Ordinance No. 2, Series of 1997 C. Exhibit 1, Schmueser Gordon Meyer, Inc., Engineering Report 11 Page 1 2 4 18 18 21 26 11 I 1 11 CJ I. INTRODUCTION The following application requests an exemption from the City's growth management quota system (GMQS) for the construction of four multi -family dwelling units on a parcel of land which is located at 130 West Cooper Avenue. Subdivision review and vested property rights status for the project's various land use approvals is also requested (see Pre -Application Conference Summary, Exhibit 1, Appendix A). Compliance with the City's residential design standards will be demonstrated prior to the issuance of a building permit. A condominium subdivision exemption plat will be submitted for review and approval as a subdivision exemption upon substantial completion of the project's construction. The application is submitted pursuant to Sections 26.100.050.C.2.a., 26.88.040 and 26.52.080 of the Aspen Land Use Regulations by the prospective purchaser of the property, Fireside Townhomes, LLC, a Colorado limited liability company (see Title Insurance Commitment, Exhibit 2, Appendix A). Permission for Fireside Townhom- es, LLC, to submit the application has been granted by Peter and Monica Mocklin, the property's current owners (see Exhibit 3, Appendix A). The Applicant repre- sentatives are Sunny Vann of Vann Associates, Planning Consultants, and Arthur C. Daily, Esq. (see Permission to Represent, Exhibit 4, Appendix A). A list of owners located within three hundred feet of the property and an application fee agreement are attached as Exhibits 5 and 6, Appendix A, respectively. The application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the project site. Section III of the application outlines the Applicant's development proposal, while Section IV addresses the proposal's compliance with the applicable review criteria of the 1 a I fl [7 Land Use Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., proof of ownership, etc.) are provided in the various appendices to the application. While the Applicant has attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. The Applicant will provide such additional information as may be required in the course of the application's review. II. PROJECT SITE The project site is legally described as Lots K, L, M, N, O and P, Block 61, City and Townsite of Aspen, and is located at the northeast corner of Cooper Avenue and South First Street. The property contains approximately eighteen thousand square feet of land area, and is zoned R/MF, Residential/Multi-Family, Lodge Preservation Overlay. The property was rezoned from LP, Lodge Preserva- tion, to R/MF on February 10, 1997, pursuant to Ordinance No. 2, Series of 1997 (see Exhibit 1, Appendix B). As the Improvement Survey on the following page illustrates, the site's topography is essentially flat. Natural vegetation within the property's boundaries consists of a single large cottonwood tree, numerous smaller spruce and aspen trees, and various ornamental shrubs and bushes. Man-made improvements to the property include a twenty unit lodge with an approximately 3,500 square foot restaurant, an outdoor swimming pool, an outdoor deck and planter, and a wooden fence. The lodge units are contained within a two story, wooden structure which is situated in the central portion of the property. Portions of the wooden fence are located within the Cooper Avenue right-of-way. 2 1 Ic 8 I I I I I ' ALL•E`r BL O c K G / I � CooPE/z A VENUE ,%� 6Ae�fl- OF DEWt-IG • 575.01'1 I'E DETWEEN NE ANf7NW COKNER'5OF CADCA' cat, DOTH GTY Mom. ,5u-r JEYbR'S COMMATE I JAti E� F. RCSER, I-IEREDY cE.KTV'Y T}-V.T THIS MAP eENI'j A FIC1D SUKVLY PEIVOKME.D DY ME: AND UNOEK MY V.tYKVI510N ON •JP1JL lARY 7, 1 TV OF L015 K, L, W. N O, AND P, MCCK GI, CITE of ASPEN � PITKIN CQdfl , COLOKACO. T}f THR E -->TtDKY ;;6o i FRAME WLDO.G WA9 MUIJD TO pE L=A = GNTIRELY WITHIN THE WL)t%DARY LINES OF THE rRXEJCTY DTa•MCED ALOVE. THE LOCATKXA AND 0WlENbIONS Or ALL CULpN� IN1PRo�GrE) ff`3, FA7EJ�lNTS, P4C4415 OF WAY I.J E Ort OR KNOWN TO V1E AND ENCACY+CHN/CW5 M OR ON THME FKEMMC-5 ARE AGWRATELYSrioWN, ALFINESIJMfE�,, INC. DP ----- —--------- ----------- ,ldJ M F KF-UX, ROTE•----------__---- Lt 1tf74 PITKIN COUNTY TITLE, If.C. COMMITMENT CASE Na R-T 1129fl WA5 USED rNTT-E PREPARATION OF T 4P-> .SURVEY. C 9D AND COmaJIC LINES ARC 6Y ofHElCS. SCHEDULE OF TKE I 2-O• P. TREL.IULoirx 2G O.9 JPRUC.0 2 4" SPRUCE 27 1-2 3 1,A 1.0' F. TRCMUL0I0tZ> 20 2-04 4 C.2 • 21 0.5 P. TRENULD"E5 5 9 30 0.5 6 0.7 31 1.1' SFRcXZ 7 P.TKEVIULOICE > C:jra4 . � 075' 9 25' P AZLJMAFOLJA 34 0.3' 10 Q. 3PIaLzt 31 4 05'< I I c l9 • 3G OG OPR.XE 12 c.4 37 2-0.y!5< 5Mq-XE 13 C G 30 0.6 P. TRELIULOIDE5 14 0.2 • 31 0.1' 15 C.5 FTFF-MULOIDE9 440 0.5' IG G2 5rfkXL Al o45'7P� 17 02 .42 0.65' P. TR,CMUL010CS 10 G4 • 43 0.D' 19 0.4 ' .44 0.5 ' 20 0.15 45 0.5' 21 02 AG 0.5, ' 22 o_4 4+7 a5' 23 02 A6 o.55' 24 o.1 25 co F.4ME.1L0=5 Pod OHIO* §w 1730 Mpw% Cabr"D 01612 970 925 26N O;fbdn.w.Ys ' r\ ^I`•' I / J•(J4. -1 / (AaC� T cLJIV IC.I./lC7 2.1117 �JHD TKW IMPROVEMENT SURVEY Lnrg K, L, M, N, O � F, DLOCK GI , CITY OF ASPEN FITKIN COUNTY, COLOISI .APO. .lab No %-GI OW C-0006MITH Existing utilities in the immediate site area include water, sewer, electric, telephone, natural gas and cable TV. A six inch water main is located in the Cooper Avenue right-of-way. An eight inch sanitary sewer is located in the public alley which abuts the rear of the property. Electric, telephone, natural gas and cable TV service is also available in the alley. A fire hydrant is conveniently located at the southeast corner of Cooper Avenue and South First Street. III. PROPOSED DEVELOPMENT The Applicant proposes to demolish the existing lodge and restaurant, and to construct four free market units on the property pursuant to the provisions of the City's recently adopted Change in Use/Lodge Expansion GMQS exemption regulation. As the schematic architectural drawings on the following pages illustrate, the free market units will be constructed as two-story, attached townhomes with full basements. Each of the townhomes will contain four bedrooms, five and one-half baths, and approximately 6,500 square feet of livable area including the basement. Two off-street parking spaces per dwelling unit will be provided in the enclosed garages to be located on the ground level of each townhome. The proposed development's site plan is essentially dictated by the setback, open space and parking requirements of the R/MF zone district. As a result, little flexibility exists with respect to the location of the new townhomes. These limitations notwithstanding, the proposed site plan achieves the Applicant's objective of maximizing individual unit views and privacy, while minimizing, to the extent feasible, the project's visual impact. As the architectural drawings illustrate, the project has been designed to appear as two separate duplexes as opposed to a single multi -family structure. When viewed from Cooper Avenue, the building's mass is reduced by the 4 `c EXISTING TREES TO REMAIN PER URB CUT I PATIO I I I I I EXIST TREESS TO REMOVED ro /� 1 TYPEAAED TQYNhOA� I I t TOIBE READ I !W EXISTING TREES TO REMAIN I ALLEY PATIO 1 p- - p I I I 1 YSSED TOWNHOYE 1 I I 1 I i t PATIO o! I �Y�Wy I�XISTIAG I 1 , PYROPaSED TO#Ar , [415TING TREES / TOBE REMOVED EXISTING TREES TO REMAIN —uw�:[ I:-im — Ir.nrtaM�u l�unla;Luu[fmi uur.:rn—�[�[.:pLL[uI su (t4a::u :akY{�drygt:uu NEW AN ECLC ED TREES C. YprE*A � EXISTING TREES r TO REMAIN , N 5'O IDEW COOPER AVENUE i 1 , ---------- ----� IssuEa roR: nArF: �TRfE�TYP�AALL ATED Lo I PATIO ull 1 PROPERTY UNE-TYP W SETBACK UNE TYPICAL 6 I° REMOVE AND RELDCATE U 1 I EXISTING TREES -TYPICAL I W 7z< PE AE0 TOWNHOYE I U W I I � I I o 5'-0' SIDE YARD SETBACK 0 Z c < O W � C' W /�tmtms:ss�nn[u:tt n1�,uuss=:s1 LIZ EEMCE THAT N10WS Vl TYPICAL \ �1�EXITI COTTONWQ70 \ / TO BE RE/OVED NOTE, QALL DEDCIDUOUSS ARE E TREES OVER S AND CONIFERS SETTrT AT IN ALCpUp£R 01YNER YAY MITA;ATE DECID"S TREES THEITH R1OHT OF WAY PLANTED IN 1 SITE PLAN O o 4 e ,e DRAWING JOB NO. 9707 DATE fEB 2B 1997 SHEET NO, A1.1 SHEET Of mop was o,wn oa,cn k- Llj 41 cc cc ALLEY COOPER AVENUE OPEN SPACE CALCULATIONS 6300 SF (35% OF 18,000) REQUIRED 6393.36 SF TOTAL OVEN SPACE OPEN SPACE O o 4 e 16 ESSUED FOR: DATE: W U x Q Zz Z U V-1 J ` U W C 9 0 zz 0 DRAWING JOB NO. 9707 -- DATE FEB 28 1997 SHEET NO. A1.2 SHFFf OF mrrm� oMn airw goo�cn Ll 1 pi ISSUED MR: DATE: _---_--_----_-_-_-_--_-_----------_-_-_-_-_-_-_-_-_---___-_-_-_-- 1 1 Si OkACI- , STORAGE STOBAII It OiFHi lAl1NORY WINORY — lMM7RY LAUNDRY OrfF1Q I 1 W�q MEC MNICA MECHANICAL I MEQNANICAL MF01ANWAL rrI I T OffK2 offl. I i it F Lwl 1 10 1 FAMIL1pRFO1E7 7N •� FAMI EQFATIF7N FAMII QFAi%]1i"�I WIEQFATION 1 O Q O I1 �� � LL I . d w 1 p On. 1 I I L---------------------------- -------------------------------- --J 3r-0' 37'-0- 17"-0' 37•-0- 3r-0- �I UNIT TYPE A UNIT TYPE B LRJR TYPE B UNR 7YPE A DRAWING KA NO. 9707 DATE FEB 281"7 SHEFT NO. BELOW GRADE PLAN A2.1 0 B 16 SHEf7 Of c t)�0 aWG a/MR �FIC6 L ALLEY Irl 1�I . i i '..! � I - � i'111/1:i ' .��- �11111► � - i I � LEI u -- m L -- u - I r� ia—■.■ .��� �. �.5�..: �7i -� �':� � :i I I I I ..iC ��il ���• 4i i' t:� �SG�, �S' f - iv' . iC°' �A'zf #+7. �: !"i_:�"C• ,� - �I = :. :... +'r ;•.z .. _... -ter ....�.. , I� ,I ram. .� ...- -: r, — �r ....�r�, I t" l IYY! COOPER AVENUE UNIT TYPE 0 MAIN LEVEL PLAN O w - *-w- UNIT TYK 0 4 B n U Q L uz Z j U w 04 x U 14 DRAWING " NO. 9707 DATE FEB 28,1997 SHEET NO. A2.2 SHEET OF c mron awe a11w1.once 'J ll� d iL � � A 11 I No IA In � re vwJ w A w - w A A I � 111�'��� ! , 11���111 � ' I I �■ , , �� 11� , ��� ■ ��1111����, , IN11A i UPPER LEVEL PLAN O U 4 a U Cal FW— W Z 0 W Q W F 0 0 V DRAWING JOB NO. 9707 PATE FES TB 1997 SHEET NO. A2.3 SHEET OF � m�mn owe ai..w �oass fl UNIT IYY[ ROOF J_wPLAN UNIT IYIt A 1 / a 11 i ISSUED FOR DA7F: FW- U DRAWING JOB NO. 9707 DATE FEB Y8,1997 SFIEET NO. A2.4 SHEE7 Of c areort owe owwl ..arsn _r!. � • l�Iit et�iri.%�o.u■i- iiiTooua�tilil �I�� 11 � 11 ■I ���� :::::::: :::: � :::. �.. �.... 1 11 11 1 ;:= 1 1 11 1 :::::: :::: :::::: :: se � 1t 1' it ri ii ii ii Ii ii ii ii 11 11 It: I �1 11 :::: :: :::: _ � I� 11 ■ 11 - 7MO UN uuuun �s' '=:k,av '•::+ =•• III nua■aaa I I 111 uuua'a' I I III nuu\au III jll !!�L.a\aaaaa.11!! Illi, -sue; i�!! . JI ...■.. l!. 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' /. r. } 1 1 �iii ;t 111 �Iiii••:r_ ilii'':'I �/1/' '1///11=iiiliYl:ru.=ll11.1irnsl lit.l%. . i its%:� • r 1�111 iriiiilni=L'r�liiii,y,� iilrf 1111 1 a.iiiiluLa1i ii�� = : _ ' 111lIlIIN Nil IIIII � 11��,: ��;iii iniei € ill�lllLI�II�- till l� n, 7— Ll F------ ------ --------------------------------------------------------1 I I r) Q I I , I I , I I I I' ; I I I I I I I I I I OVERALL SF, 24049 SF OVERALL SF, 2465.6 SF OVERALL SF: 2465B SF OVERALL SF, 2443 SF AREA OF PERIMETER WALLS: AREA OF PERIMETER WAILS, AREA OF PERIMETER WALLS: AREA OF PERIMETER WALLS: L 224 IF X U F- 2464 SF 245 IF X It F- 2695 SF 245 IF X It F- 2695 SF 224 i F X II F- 2464 SF , AREA OF EXPOSED WALLS AT LIGHTW£LLS: AREA OF EXPOSED WALLS AT UGITTWELLS: AREA OF EXPOSED WALLS AT L/GHTWELLS: AREA OF EXPOSED WALLS AT UGHTWE[LS: 1TJ.65 SF 03B5 SF 173B5 SF 173i-''i SF PERCENTAGE OF EXPOSED TO PERIMETER. PERCENTAGE OF EXPOSED TO PERIMETEk PERCENTAGE O` EXPOSED TO PERIMETER. PERCENTAGE OF EXPOSED TO PERIMETER: (TJB5/246FID T73B5/2695-D6.5 T73B5/2595-,065 (13B."./2464.O7 TOTAL SQUARE FEET APPLIED TO FAR, O7 X 24049 - 1697 SF TOTAL SQUARE FEET APPLIED TO FAR, D65 X 24MB - 159J SF TOTAL SQUARE FEET APPLIED TO FAR, D&5 X 2465.6 -159J SF TOTAL SGUAR£ FEET APPLIED TO F.A.R. O7 X 24049 - 169.7 SF TOTAL SQUAB FEET APPLIED TO FAR: 6576 SF BELOW GRADE F.A.R. a, %e - r-o« (i) 0 4 8 N Lw U Z Z u W C r�� DRAWMG JOB NO- 9707 DATE FEB 28,1997 SHEET NO. FAR1 SHEET Of �mwon owe awwe Correa 11 1 1 n 5/7 SF -- f -- � �{_ • � (b) � � � fir) � � . _ I , 1� . S._ � � ir) � �� � [1�) �i � �{�� � ����/IIIIIIII Vill �"� � IIIIIIII I � � IIIIIIII IIIIIIII_ I I Am Lo (AVER FAR. 6576 SF AMN FAR. 8518D SF UPPER FAR. 8748.4 SF TOTAL 17X4 SF TOTAL N10WABLE IMOO SF TOTAL SWARE FEET APPLIED TO FAR, 8516 SF MAIN LEVEL F.A.R. MSM MIL, DATE: ►] DRAWING " NO. 9707 DATE FEB 28,1997 SHEET NO, FAR2 SHEET Of 1 1 1 Fj I� Maim / w A � _ w w II"III" � T "'I"'I r I'lll'll, / IIIIIIII 1061 I_ I IFill' _I C� C� M] TOTAL SQUARE FEET APPLIED TO FAR, 9748.4 5F 0__jUPPER LEVEL F.A.R. 0 4 D if ESum EOR: DATE: U vi DRAWING )OB NO. 9707 DATE l 1811997 SHEET NO. FAR3 SHEET (If rinclusion of a landscaped open space area between the middle two townhomes. The mass of the building's front facade is further reduced by limiting the entryways to one story, and the provision of bay windows on the second floor. The floor designed proposed plans are to take advantage of the site's abundant natural light and views. Each residence faces south and overlooks Koch Lumber Park and Aspen Mountain beyond. The ground floor has an open floor plan, and includes an enclosed garage and mud room with access to the alley. The second floor contains three bedrooms and a master suite that faces south. The basement contains an office, a media room, storage areas, and recreation spaces. The architectural character of the project is intended to invoke a mountain lodge. The building's lodge character is enhanced by the extensive use of stone, log, and shingle and horizontal siding which work in concert to accent the details typically associated with such structures. As the architectural elevations illustrate, the rafter tails and log beamwork add a level of interest to the various facades and shadow lines to help break up the building's perceived mass. The proposed development has been designed in compliance with the dimensional requirements of the R/MF zone district and the subdivision design standards of Section 26.88.040.C. of the Land Use Regulations. As Table 1 on the following page indicates, the minimum required lot area for the project's sixteen bedrooms is less than the property's total site area. In addition, the proposed building footprint meets or exceeds all applicable setback requirements, and the project's total floor area is less than the maximum allowed. Approximately 6,400 square feet, or 36 percent of the project site, meets the Regulation's definition of open space. This figure exceeds the minimum 35 percent open space requirement of the R/MF zone district. 1 15 Table 1 DEVELOPMENT DATA Fireside Townhomes 1. Existing Zoning R/MF, Residential/Multi-Family, Lodge Preservation Overlay 2. Total Site Area (Sq. Ft.)' 18,000 3. Minimum Required Lot Area/Dwelling Unit (Sq. Ft.) Multi -Family Units with more 1,000/Bedroom than 3 Bedrooms 4. Minimum Required Lot Area (Sq. Ft.) 4 - 4 Bdrm. Units @ 1,000 Sq. Ft./ 16,000 Bedroom 5. Minimum Required Setbacks (Feet) Front Yard 10 Side Yards 5 Rear Yard 10 6. Proposed Setbacks (Feet) Cooper Avenue Front Yard 16 First Street Side Yard 8.5 East Side Yard 6.5 Rear Yard 10 7. Maximum Allowable External Floor 18,000 Area @ 1:1 (Sq. Ft.) 8. Proposed Floor Area (Sq. Ft.) 17,930 Basement 660 Ground Floor 8,520 Second Floor 8,750 9. Minimum Required Open Space @ 35 6,300 Percent Lot Area (Sq. Ft.) 16 1 10. Proposed Open Space (Sq. Ft.) 6,400 11. Minimum Required Parking @ 2 Spaces/ 8 Dwelling Unit 12. Proposed Parking Spaces 8 1 All square footages have been rounded to the nearest ten square feet. 2 On a lot bordered by two intersecting streets, the owner may choose which yard is to be considered the front yard. The remaining yard bordering a street may be reduced by one-third of the required front yard setback. As the site plan illustrates, a landscaped courtyard is proposed at the rear of I: each townhome and adjacent to the alley. Additional landscaping will be installed around the periphery of the project. The landscaping will consist of existing aspen and spruce trees which are to be transplanted from within the building envelope, as well as new trees which are required to mitigate the removal of existing trees which cannot be transplanted. The Parks Department has inspected the site with the project architect and has concurred with the proposed tree removal/replacement plan. The aggregate diameter of the new trees to be planted within the project's open space will equal or exceed the diameter of the trees which are to be removed. A sidewalk will be installed along both street frontages. A handicap access ramp will be provided at the street intersection. The Applicant will coordinate the design and installation of the sidewalk and handicap ramp with the ' Parks and Engineering Departments to minimize the impact of construction on the rexisting trees which are located within the Cooper Avenue and First Street right-of- ways. As presently envisioned, the new sidewalks will be located adjacent to the existing street curb and gutter. 1 17 I IIV. REVIEW REQUIREMENTS The Applicant's ability to develop the project is subject to the receipt of a GMQS exemption for the construction of the proposed multi -family dwelling units. Subdivision approval is also required. Vested property rights status is requested for all land use approvals granted pursuant to this application. Each of these require- ments is discussed below. A. Growth Management Exemption ( Pursuant to the provisions of Section 26.100.050.C.2.a. of the Land Use Regulations, a change in use of any existing structure previously zoned LP, Lodge Preservation, to residential use is exempt from the City's GMQS regulations subject to compliance with certain review criteria. The specific criteria, and the proposed development's compliance therewith, are summarized as follows. 1. "The Planning and Zoning Commission determines in a public hearing that employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an analysis and creditfor existing employee housing and the incremental impact between the existing use and the proposed conversion." �) No additional employees will be generated by the proposed change in �1 use. Prior to submission of the Applicant's 1996, small lodge conversion lottery application, Art Daily, the Applicant's attorney, had several discussions with Dave Tolen of the Aspen Pitkin County Housing Authority concerning the proposed development's potential employee housing mitigation requirements. Utilizing employee generation factors provided by Dave, it was determined that the Fireside Lodge's existing employee generation was approximately 21.5 employees. This figure ' was derived based on the following calculations. 1 18 1 1 1 I 1 11 1 i 1 FA 20 Lodge Units x 0.2 Employees/Unit = 4 Employees 3,500 Sq. Ft. Net Restaurant Space - 1,000 Sq. Ft. = 3.5 3.5 x 5 Employees/ 1,000 Sq. Ft. = 17.5 Employees 4 Employees + 17.5 Employees = 21.5 Employees While the Land Use Regulations do not presently contain a specific methodology for calculating the number of employees theoretically generated by residential development, it is my understanding that Dave relied upon a statement contained in the Growth Action Plan element of the Aspen Area Community Plan in determining that no additional employees would be generated by the proposed change in use. The Action Plan states that "New residential subdivisions required to compete in the Growth Management Quota System shall have a mandatory requirement of providing a minimum of 60% affordable housing." Based on the formula which has historically been utilized in the GMQS process to determine the number of employees to be housed in a proposed subdivision, Art and Dave calculated the proposed development's theoretical affordable housing generation as follows. Where x = Number of Employees to be Housed and y = Total Number of Free Market Residents x = 0.60(x + y) 4 - 4 Bedroom Units @ 3.5 Residents/Unit 4 x 3.5 = 14 Free Market Residents x = 0.60(x) + 0.60(14) 0.40(x) = 8.4 x = 21 Employees 21 < 21.5 19 1 As noted previously, the above formula is not codified within the Land Use Regulations. In fact, the application of the formula results in a theoretical employee generation which significantly exceeds that which would arguably be g g Y g Y required to mitigate the addition of four new single-family residences to the City's housing inventory. Clearly, a need for 21 new employees would not arise as a result of this project. The application of the formula, however, does serve to illustrate that the existing Fireside Lodge's employee generation exceeds an obviously inflated estimate of the employee generation attributable to the proposed development. 2. "The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash -in -lieu will be used." Two off-street parking places per dwelling unit will be provided in each ' townhome's enclosed garage. The proposed parking, therefore complies with the g g P P P g> P off-street parking requirement of the R/MF zone district. 3. "The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood." The predominant zoning in the immediate site area is R/MF, Residen- tial/Multi-Family. The area immediately south of the project site is zoned R-15, Moderate -Density Residential. The predominant land use in the immediate site area consists of existing duplex and multi -family residential development. The City's Koch Lumber Park is located on the south side of Cooper Avenue and occupies the area zoned R-15. The Aspen Ice Garden is located across South First Street and north of the property. The proposed development is clearly compatible with the character of the surrounding area. 11 20 1 4. "The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use or expansion." As the attached engineering report from Jay W. Hammond, P.E., of Schmueser Gordon Meyer, Inc., Consulting Engineers, indicates (see Exhibit 1, ' Appendix C), existing public facilities in the immediate site area are adequate to serve the proposed development. All costs associated with the installation of required utilities and public facilities will be borne by the Applicant. 1 5. "No zone change is required." The project site was rezoned from LP, Lodge Preservation, to R/MF, Residential/Multi-Family, Lodge Preservation Overlay, on February 10, 1997. No further rezoning is required. 6. "The proposal is consistent with the Aspen Area Community Plan." To the best of our knowledge, the recently adopted Aspen Area Community Plan contains no specific recommendations which directly pertain to the property in question. As noted previously, the property is zoned R/MF, Residen- tial/Multi-Family, as is most of the surrounding area. Multi -family residential dwelling units are a permitted use within the R/MF zone district. B. Subdivision Pursuant to Section 26.04.100 of the Land Use Regulations, land to be used for condominiums, apartments or any other multiple dwelling units is by definition a subdivision. Consequently, the Applicant's proposed development of a 21 I four unit, multi -family residential project is subject to the City's review and approval. Such developments are reviewed pursuant to the provisions of Section 26.88.040 of the Regulations. The various subdivision review criteria, and the proposed develop- ment's compliance therewith, are summarized as follows. 1. "The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan." ISee Section A.6. of this application. 2. "The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed subdivision shall not adversely affect the future development of surrounding areas." i The proposed development is consistent with the character of existing land uses in the surrounding area, and will have no adverse effect on the area's future development. The immediate site area consists primarily of duplex and multi- family residential development. The City's Koch Lumber Park is located directly across Cooper Avenue from the project site. The Aspen Ice Garden is located across South First Street to the west of the property. As the area is essentially fully developed, the proposed project should have little if any effect on the development potential of neighboring properties. 3. "The proposed subdivision shall be in compliance with all applicable requirements of the Land Use Regulations." The proposed development has been designed to comply with the applicable requirements of the underlying R/MF zone district and all relevant requirements of the Land Use Regulations. 4. "The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, 1 22 1 I 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." No natural hazards adversely affect the development of the property. Consequently, no adverse affect upon the health, safe or welfare of the ro'ect's P safety P J residents is anticipated. S. "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." No governmental inefficiencies, duplication of facilities, or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are currently available in the immediate site area. jAll costs associated with the installation of public improvements to serve the project a will be borne by the Applicant as may be required. In addition to compliance with the preceding review criteria, the Land lUse Regulations also require that various improvements be provided in connection with the proposed subdivision, and that specific standards be adhered to in the subdivision's design. At the Applicant's request, Jay W. Hammond, P.E., of g PP q Y Schmueser Gordon Meyer, Inc., Consulting Engineers, has reviewed the applicable requirements of the Regulations and discussed the project with the City's referral agencies (see Exhibit 1, Appendix C). The improvements and design standards which pertain to the Applicant's proposed development, and the project's compliance with Schmueser Gordon Meyer's recommendations, are summarized as follows. 1. Water. Water service to the proposed development will be provided via the existing six inch main located in the Cooper Avenue right-of-way. 23 1 No special physical constraints exist with regard to service, and the City Water Department has indicated that the municipal water system has sufficient capacity to accommodate the project. 2. Sewer. The proposed development will be served by the eight inch sanitary sewer located in the public alley which abuts the property. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodat- ed without expanding its existing treatment facility. A surcharge, however, will most likely be imposed in connection with the District's tap fee to offset the cost of various downstream system improvements. 3. Electric, Telephone, Natural Gas and Cable TV. Electric, tele- phone, natural gas and cable TV service is presently located in the adjacent alley and will be extended to serve the proposed development as may be required. All required extensions of these utilities will be located underground, and will conform to the applicable extension policies of the individual utility companies. is to accommodate utility 4. Easements. Easements extensions will be provided in compliance with the applicable provisions of Section 26.88.040.C.4.b. of the Regulations as may be required. All utility easements to be conveyed by the Applicant will be described in the project's subdivision improvements agreement and depicted on the final subdivision plat. 5. Sidewalk, Curb and Gutter. As discussed previously, the Applicant proposes to install sidewalks along the property's Cooper Avenue and P P South First Street frontages. Curb and gutter has previously been installed within the street right-of-ways. 1 24 1 P I Cl 1 1 1 i 1 1 t 1 1 11 6. Fire Protection. Fire protection for the proposed development will be provided by the Aspen Volunteer Fire Department. The project site is located approximately six blocks from the fire station, resulting in a response time of approximately five minutes. As noted previously, a fire hydrant is conveniently located at the southeast corner of Cooper Avenue and South First Street. The proposed development is readily accessible to emergency and fire protection vehicles via the surrounding street system. 7. Drainage. The proposed development's storm water drainage system will be designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. On -site drywells will be utilized to intercept and detain runoff from building roofs and impervious areas, and to control the rate of groundwater recharge. A detailed stormwater drainage plan will be submitted for review and approval by the City's Engineering Department prior to issuance of a building permit for the project. 8. Roads. No improvements to the existing streets in the immediate site area will be required as a result of the proposed development. Traffic levels generated by the project will be less those generated by the property's existing lodge and restaurant. As noted previously, sidewalks will be installed by the Applicant along the property's Cooper Avenue and South First Street frontages. Access to the project's on -site parking will be via the public alley which abuts the rear of the property. These two design features should significantly improve circulation and reduce vehicular/pedestrian conflicts in the immediate site area. 9. Final Plat. Section 26.88.040.D.2. of the Land Use Regulations requires the preparation of a final plat prior to City Council review of a subdivision 25 L application. As the proposed subdivision does not involve the creation of separate lots, and since the City Council may require revisions to the project's design, it would appear appropriate to delay the preparation of the final plat until after Council review. The submission of a recordable final plat and subdivision improvements agreement for the staff's review and the Mayor's signature, however, is an acceptable condition of subdivision approval. ' C. Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status pursuant to the provisions of Section 26.52.080 of the Land Use Regulations. It is understood by the Applicant that final approval of the proposed development 1 must be granted by ordinance of the City Council to establish such status. It is also the Applicant's understanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. I 1 1 26 1 C] 1 1 1 L� f] 4 1 'J ,q APPENDIX A 1 f"­` -..: EXHIBIT 1 u I 1 1 I 1 1 I L� 1 n CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Julie Ann Woods, 920-5100 DATE: 3/7/97 PROJECT: Fireside Lodge, 130 W. Cooper REPRESENTATIVE: Sunny Vann, 925-6958 OWNER: Fireside Townhomes, LLC TYPE OF APPLICATION: Change in use, subdivision, GMQS exemption DESCRIPTION: Will demolish existing lodge (20 units) and restaurant and create four 4-bedroom free market units. Presume net decrease in employees. Ord. 30 review of residences. Condo plat will follow. Land Use Code Section(s) # and Code sections Review by: Planning & Zoning, City Council Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three; hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Referral Agencies: Engineering, Housing, Environmental Health, Parks. Zoning, Fire Marshall, Water, ACSD Planning Fees: Planning Deposit Minor (S1080) Refmal Agency Fees: Engineering, Minor (S 110); Environmental Health $155; Housing 570; Total Deposit: $I415.00 (additional hours are billed at a rate of S180/hour) To apply, submit the following information: 1 9. 10 I Proof of ownership Signed fee agreement applicant's name, address and telephone number in s. letter signed by the applicant which states the name. address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Total deposit for review of the application ._Copies of the complete application packet and neaps. (additional revised copies will be requested throughout the process) HPC = 12, PZ = IQ; GMC = PZl5; CC = ?; Referral Agencies = I/ea.; Planning Staff = 1 An 8 1/2" by I 1" vicinity map locating the parcel within the City of Aspen. Site improvement survey including topography and vegetation showing the current status, including all casements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) A Site Plan indicating proposed project and improvements A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. For Residential Proposals (Ord. 30); a) Neighborhood block plan at l "=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). b) Site plan at I" = IV Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2' contours. c) All building elevations at 1 /R" d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the "Primary Klass" standard. e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 12. List of adjacent property owners within 300' for public hearing. 13. Copies of prior approvals 1 1 1 1 A 1 11 I EXHIBIT B EXHIBIT 2 Commitment for Title Insurance u G Fidelity National Title Insurance Company A Stock Compam' 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 B 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.' t ■ Counter6igned I FORM 27-63.66 (9194) ALTA COMMITMENT - 1966 Fidelity National Title Insurarx:eCompany BY P =SEAL PresiOenl 'o ATTEST �t�.0 b�Qr�a11C�AJ Secretary Valid Only if Schedule A and B are Attached The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s). Therefore, no policy(s) will be issued until the charges have been remitted to the issuing agent. P U &12AFNT I I I P L 1 1. COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: 10/01/96 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: SAM HOUSTON (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT11298 Amount$ 2,600,000.00 Premium$ 4,824.00 Rate:STANDARD Amount$ Premium$ Rate: Tax Certificate $20.00 3. 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: PETER MOCKLIN and MONICA MENGA MOCKLIN 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, 0 AND P, BLOCK 61, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA By: 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 JT 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) Properinstrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: �1. Re -recordation of Deed recorded January 8, 1996 as Reception No. 388956 from Peter Mocklin to Peter Mocklin and Monica Menga Mocklin, to show City of Aspen Real Estate Transfer Tax Stamp or Exemption. �2. Deed from PETER MOCKLIN and MONICA MENGA MOCKLIN To SAY. HOUSTON 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. _. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 5. 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) 6. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) u 1 I 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, enchroachments, 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., S. 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. Tares due and payable; and any tar., 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 Deeds from the City of Aspen recorded in Book 49 at Page 283, Book 59 at Page 211, and Book 79 at Page 28 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". This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT11298 A and B are attached. P F] NT 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 APPE R 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 or 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' 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 1 District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County 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. r This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT11298 A and B are attached. L EXHIBIT 3 1 i 1 1 1 1 1 1 1 1 1 i 1 1 1 1 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Auorization to Submit Small Lodge Applications Ladies and Gentlemen: Please consider this letter authorization for Sam Houston and/or his authorized representatives to submit a Small Lodge Conversion Lottery Application and a Small Lodge Change in Use Application for the property at 130 West Cooper Avenue, Lots K, L, M, N, O and P, Block 61, City and Townsite of Aspen, commonly known as the Fireside Lodge. Mr. Houston and/or his representatives are hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applications, and we hereby join as co - applicants in such applications. Sincerely, Mo ' 'a Mc,ckli � ' Pkt& "6&ckiin b" �-" '- Date: November 1, 1996 EXHIBIT 4 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Permission to Ret)resent Ladies and Gentlemen: Please consider this letter authorization for Arthur C. Daily, Esq., of Holland & Hart LLP, and/or Sunny Vann of Vann Associates, to represent us in the processing of our Small Lodge Conversion Lottery Application and our Small Lodge Change in Use Application for the property at 130 West Cooper Avenue, Lots K, L, M, N, O and P, Block 61, City and Townsite of Aspen, commonly known as the Fireside Lodge. Mr. Daily and/or Mr. Vann are hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applications. 1 1 1 1 1 f Date: November 1, 1996 01-'07/97 FRI 17:08 FAX 970 925 8670 HOUSTO` O'LEAR1 Z o02 wMAR 07 '97 03:z8PM VANN SUMMERS COCK P.E March 7, 1997 HAND DELMRED Nis. Julie Ann Woods Community Development Department 130 South Galena Street Aspen, Colorado 91611 Re: Permission to Represent Dear Ms. Woods. Please consider this letter authorization for Sunny Vann of Vann Associates, Planning to represent us in the processing of our application for a GMQS exemption Consultants, for the Fireside Lodgc• Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we I can be of any further assistance, please do not hesitate to call. 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N 'Vt N a N V' N �f N M M M M N_ a N_ N_ of N V N V N_ 'V N_ V N M V N_ V N r � N_ co T tr1 N M N_ N M t)') m to M co N m t� co to M N M tp m tt�O c� to M to M to M to m m to m to m to m to m to m N m m m to m to m W M w M w M m M 6 co ta. m to m 1p m to m to m to m to M to to m m to M ta. M to M to m 7 M 7 m n N n tiN n N n N n N n N n N n N n N n N rn N n N n N n N n N n N n N n N n N n N In N n N In N rn N n N n N n N n N n N n N n N n N n N n N n N n N n N In N n N n N rn N 1l N n N n N n N R V U) W J W � I w w Z w Q i w a.a cola a U) cn 0.0 U) .� Q Q J Q Q I U I O w W YI W Z Z Q 00 J W 0 ¢ Z >I�3Z Elti = Q = O--jI2 T iW W I aD t` m n c0 8 r m m 099 L9L9 Z (7 M N N f7 .� r r r •- r j EXHIBIT 6 I ASPEN/PITKIN CONIi1 UNi lTY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ��V5��� 2�7 f&! � (hereinafter. APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitte d to CITY an application for (hereinafter, THE PROJECT). APPLICANT understands and agrees that Citv of Aspen Ordinance No. 53 (Series of 1995) estabiishes a tee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY afire: that because of the size. nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow .APPLICANT to make payment of an initial deposit and to thereafter permit additional .-osts to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application r 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 Plannin` Commission ' and/or Citv Council to make Ie.,tally required Findings for project approval. unless current billings are paid in full prior to decision. 1 MAR 07 '97 03:2BPM VANN SUMMERS COOK P.3 5. Therefore, APPLICANT agrees that in consideration of the C='s waiver of its right to collect full fees prior to a determination of applicat�oj�.do completeness, APPLICANT shall pay an initial deposit in the amount of Ic which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CTY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN By: Stan* Elauson Community Development Director I 2 APPLICANT By: Date: IzZlc 7 Mailing Address: 1 Fi u 11 7 LA I u lI � APPENDIX B I EXHIBIT 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO REZONE SPECIFIC PROPERTIES FROM LODGE PRESERVATION TO UNDERLYING ZONING WITH A LODGE PRESERVATION OVERLAY ORDINANCE NO.2, SERIES OF 1997 WHEREAS, on August 26, 1996, Aspen City Council approved Ordinance No. 29, Series of 1996, which recinded the Lodge Preservation (LP) Zone District and provided GMQS Exemptions for conversion and expansion of existing lodges. and WHEREAS, at the time of adoption of said Ordinance, City Council directed staff to initiate the rezoning of all LP properties to the most appropriate underlying zoning as a class action. and WHEREAS, the Aspen Planning and Zoning Commission has reviewed the proposed map amendments under the applicable standards as contained in Section 26.922 of the Aspen Municipal Code, has considered staffs recommendations. and has taken and considered public comment at a public hearing on the 17thdav of December. 1996: and WHEREAS. by a vote of 5-0, the Planning Commission did recommend approval of the ro osed P P rezonings to Cin Council: and W-HEREAS, the Aspen Cin Council has reviewed the map amendments under the applicable provisions of the Municipal Code as identified herein, has considered the recommendations of staff and the Planning and Zoning Commission, and has taken and considered public comment at public hearing: and WHEREAS, the City Council finds that the proposed map amendments meet or exceed all applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan: and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare, and NOW THEREFORE BE IT ORDAIN-ED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORaDO: 1 Section 1: Pursuant to Section 26.92.020 of the Municipal Code, the City Council finds: l . The proposed map amendments are not in conflict with the provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed map amendments will promote the public interest and character of the City of Aspen. Section 2: Pursuant to Section 26.92 of the Aspen Municipal Code (Map Amendments), the City of Aspen Zone District Map is hereby amended to rezone all properties presently zoned Lodge Preservation to their underlying zone district with a Lodge Preservation Overlay. The name, address, legal description, and iproposed zone district for each property are included in Exhibit A; and ■ Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of ' any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances. ' Section 4: if any section, subsection. sentence, clause. phrase, or portion of this 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 ithereof.. Section S: That the Cit}' Clerk is directed. upon the adoption of this ordinance. to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance was held on the 1 Oth day of February, 1997 at 5:00 in the City Council Chambers, Aspen Ciry Hall. Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of .Aspen. I 1 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of .aspen on the 13th day of January, 1997. John Bennett,Nlavor Attest: Kathn-n S. Koch, City Clerk FINALLY, adopted, passed and approved this I Oth day of February, 1997. John Bennett, Mayor Attest: Kathnn S. Koch, Ciry Clerk Lodge 1. Alpine Lodge 2. Aspen Bed & Breakfast �. Bavarnan Inn ' 4. Bell 'Mountain Lodge ' 5. Boomerang Lodge 6. Brass Bed Inn 7. Christiana Lodge 8. Christmas Inn 9. Copper Horse 10. Cortina 11. Crestahaus 12. Fireside Lodge Address EXHMIT A Legal Description Proposed Zone District 1240 E. Cooper East 1/2 of Lot 17, All of Lots 18, 19, 20, 21 and 22, R-15A (PUD) Block17, Riverside Addition to the City of Aspen 311 W. Main Aspen Bed & Breakfast, Units 100-1 11, 200-211, Office 300-311, 401-403; East 1/2 of Lot D, all of Lots E, F, G, H and I, Block 45 801 W. Bleeker Lots D, E, F, G, H and I. Block 12 R'MF (PUD) 720 E. Cooper Lots K. L, M. N. 0, P and 20.73' of Lot Q, Block 105 R/".%,IF (PUD) 500 W. Hopkins Lots K. L. M. N. 0, P, Q, R and S. Block 31 R-6 926 E. Durant Lots P, Q, R, and S, Block 118. and a strip of land 18 R';�IF feet in width with all points being parallel to and lying easterly of and adjacent to Lot S in Block 18, bounded on the north by the extension easterly of the southerly line of the alley through said Block 18 and bounded on the south by the northerly line of Durant Ave. 501 W. Main Lots A. B. C, D, E. F.G. H and I. Block 31 Office 232 W. 'Main Lots K. L. M and West 1!2 of Lot N. Block 51 Office 328 W. ;Main East 1/2 of Lot L and all of Lot M, Block 44 KNIF 220 E. Main Lots P and Q, Block 73 Office 1301 E. Cooper A tract of land in the Riverside Addition, desribed as R-15 follows: All of Block 21 lying east of the following described line: begin at a point on the northwest line of Vick Avenue where the easterly corner of Lot 8, Block 21, Riverside Addition, bears north 75 30' east 235.7 feet; then north 10 09' west 226.81 feet: then north 37 41 ° east 120 feet more or less to the south right-of-way line of State Highway 82 and all streets, alleys and parkways lying east of said line and between Colorado Highw•av 82 and Vick Avenue 130 Va. Cooper Lots K, L. M, N, 0 and P, Block 61 R'%IF i 13. Hearthstone House 14. Hotel Aspen 15. Hotel Lenado 1 16. Innsbruck Inn 17. Molly Gibson Lodge! Aspen Ski Lodge 18. Mountain House Lodge 19. Northstar 20. St. Moritz Lodge ' 21. Shadow Mountain Lodge -_ -Snow Queen Lodge 134 E. Hyman Lots Q, R and S, Block 68 R/MF 110 W. Main Hotel Aspen, Units 101-122, 201-223, 315-318 & Office/R-6 323; East 1/2 of Lots E & O, All of Lots F, G, H, I, P. Q, R and S; easterly l 12.04' of alley; Block 58 200 S. Aspen Lots A, B and C, Block 75 Office 233 W. Main Lots A, B, C, D and E, Block 52 Office 101 W. Main Lots O, P and Q. Block 59; Office.,R-6 Aspen Ski Lodge. Units 1-34; Lots E. F, G, H and I, Block 59 905 E. Hopkins Lots A. B. C and D. Block 32, East Aspen Addition R'MF 914 E. Waters Lots M, N and O. Block 1 ]9 R CIF 334 W. Hyman Lots K. L. M, N and O. Block 46 R-6 232'X. H%'man Shadow Mountain Lodge at Aspen, Units 1-12: R-6 Lots K, L and M, Block 53 124 E. Cooper East 1/2 of Lot P and all of Lot Q, Block 69 RINIF LJ I fj j � APPENDIX C I (970)925-6727 FAX (970) 925-4157 March 12, 1997 Mr. Sunny Vann VANN ASSOCIATES 230 East Hopkins Ave. Aspen, CO. 81611 ENGINEERS SURVEYORS SGM SCHMUESER GORDON MEYER RE: The Fireside Lodge Conversion Project, Engineering Report Dear Sunny: EXHIBIT 1 P.O. Box 2155 Aspen, CO 81612 This letter comprises an Engineering Report for relevant aspects of the proposed conversion of The Fireside Lodge property at 130 West Cooper Avenue in Aspen, Colorado. My comments are based on our discussions of the project, contact with representatives of the primary utilities, site visits and record research regarding previous utility service and site design. I have endeavored to present my comments in response to the engineering -related provisions of City of Aspen Municipal Code. Introduction The Fireside Lodge property is located at 130 West Cooper Avenue on Lots K, L, M, N, O and P of Block 61 in the City and Townsite of Aspen. The site currently includes a 20 unit lodge and an approximately 3,500 square foot restaurant space in an existing structure. The property's prospective purchaser, Fireside Townhomes, LLC, has received an initial approval for conversion to four residential townhome units under the lottery program established this year for LP lodges. Each of the proposed townhome units is to be a four -bedroom configuration. This report focuses on the infrastructure, traffic and drainage requirements of the proposed lodge conversion. As a lodge and restaurant space conversion, we are generally anticipating that residential use will represent a decrease in the intensity of use and that utility service requirements and traffic impacts will be reduced accordingly. Utility service will be predominantly from the alley frontage or Cooper Avenue, where all utilities are currently under ground. Vehicular access will continue to be from the alley of Block 61 and the existing loop drive through to Cooper will be eliminated. I have spoken with representatives of all the primary utilities and inspected the site with regard to the availability of all secondary utilities. I would offer the following comments based on the proposed conversion to residential use; 1. Water Phil Overeynder, the Director of the City of Aspen Water Department, indicates that water service to the existing structure is in place and available from the existing 6 inch diameter cast iron water main in Cooper Avenue. An older service line into the Fireside property, in poor condition, was replaced in recent years with a two inch diameter copper service in the vicinity of the pool. Domestic and irrigation use and potential fire flow requirements to the townhome 11 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (970) 945-1004 1 1 1 fl March 12, 1997 Mr. Sunny Vann Page 2 units will require a reconfiguration of the actual service connections to the main. No special physical constraints exist with regard to providing service to the potential conversion of the Fireside Lodge to residential use and the City has sufficient capacity to serve the proposed units. Static pressures in the area should be in the range of 100 psi. There is an existing fire hydrant on the southeast corner of the Cooper Avenue and First Street intersection, directly across the street from the Fireside property. There is also a fire hydrant on the south side of Cooper Avenue near the east end of Block 62 within 100 feet of the site. Based on a preliminary calculation of the equivalent capacity units (ECU's) associated with the proposed residential use, I would anticipate that the ECU value will be reduced from the department's 19.36 ECU for the existing structure as a lodge use with a restaurant to approximately 8.5 ECU for residential use with some irrigation. This would suggest that the conversion would result in a decrease to the demand on the City's water system. The City's records also indicate, however, that no tap fees were ever paid for the existing water service to the Fireside property (the City only began collecting tap fees in the late 1970's). Service to the townhome units would therefore require the full payment of tap fees for all of the units. There are probably a couple of options from the standpoint of service configuration for the proposed townhomes. The cleanest from the standpoint of street cuts and repair expense would be to have one large diameter service accommodating both the combined domestic flow requirements of the individual units and the fire flow for the fire suppression sprinkler system to meet current regulations. This option would require that the service enter a common mechanical space where a backflow prevention device would be placed on the common service followed by a manifold for meters and shutoffs for each individual unit or common use (such as irrigation). This option requires that the City of Aspen Water Department have access to the common mechanical space to shut off and seal service lines for non-payment if required. The second option would be to tap the main in Cooper Avenue for each individual townhome with a buried shut-off valve in the right-of-way for each unit. This option requires more street excavation and repair expense but would eliminate the need for a common mechanical space allowing access by the Water Department. Based on the plan for the four townhome units at the Fireside property, this would appear the more likely approach in the long run and would permit each unit to function essentially independently in terms of utility service. 2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated Sanitation District (ACSD), indicates that sewer service is in place for the Fireside Lodge property from an 8 inch diameter collection line in the alley of Block 61. The collector in the alley runs a short distance to a north/south trunk line in the right-of-way of First Street. No significant constraints exist and the ACSD has sufficient collection and treatment capacity to serve the converted residential use. Based on some of the ACSD documentation for the current tap, I would anticipate that the Equivalent Residential Units (EQRs) associated with the proposed residential use will, in the case of sewer, be increased from about 6 EQR for the lodge and restaurant use to approximately 8.5 EQR for the proposed townhomes. Once again, ACSD records show that no tap fees were paid on the property when it was first connected back in the early 1960's so no credit or rebate would SCHMUESER GORDON MEYER, INC. __ J I I March 12, 1997 Mr. Sunny Vann Page 3 be available from the Sanitation District for actual tap fees previously paid on the property. There is also a tap fee surcharge for this area of approximately $900.00 per EQR anticipating replacement of the north -south line in First Street south of Main as well as the line in the alley of Block 61 itself. It is anticipated that the 4 freemarket townhomes would be served by four new individual service lines to the collection main that is currently in place in the alley. 3. Miscellaneous Utilities The alley of Block 61 appears to contain buried electric, natural gas, phone and cable TV lines based on the visible evidence of pedestals and meters. The existing Fireside Lodge is, of course, currently serviced and we would continue to anticipate that where conversion to residential use doesn't represent a reduction in service demand, it will likely represent a service demand comparable to the current lodging and restaurant uses on the property. As a demolition and replacement, new services for each of the townhome units that are individually metered would be required. 4. Drainage Demolition of the existing Fireside Lodge building and construction of a new residential townhome structure on the 130 W. Cooper Avenue site will result in no additional drainage impacts to the surrounding area provided on -site drainage improvements are provided. Revision of the existing site design and landscape plan is anticipated for the conversion to residential use. Any site and grading revisions should maintain positive drainage away from structures and incorporate appropriate area drains on any exterior, below -grade space or flat roof areas routed to drywells. Drywells sized to accommodate the difference in runoff from the increased roof and paved areas associated with the townhome design should be feasible under the lower level exterior space between the units, under the drive entries off the alley or under the landscape areas within the property. This project will not create additional impacts to the City of Aspen's storm drainage system nor will it require improvements or expansion of the public system. 4. Access Access and vehicular parking for the proposed conversion to residential use is predominantly from the alley of Block 61. The site also fronts on Cooper Avenue where some public parking remains available. Elimination of the curb cut onto Cooper will probably create at least one additional on -street parking space. Cooper Avenue and First Street are both paved streets in good condition with curb and gutter on both sides. My understanding at this time (given the snow on the ground) is that there is no existing sidewalk on either of the street frontages and sidewalk is proposed on the site plan for the conversion to residential use. The alley of Block 61 is paved along the frontage of the Fireside property and also offers access to a number of surrounding properties. The conversion proposal will incorporate 8 on -site parking spaces in garages off the alley frontage for the four proposed townhome units or 2 spaces per unit. Since the site is within 1 block of the bus routes on Garmisch Street and 11/2 blocks of several of the major bus routes at Aspen Street, parking should not represent a problem for the converted use. From the standpoint of traffic generation, we would, once again, anticipate that the conversion SCHMUESER GORDON MEYER, INC. ' March 12, 1997 Mr. Sunny Vann Page 4 to residential use will result in a reduction in the impacts associated with the property. Using the trip generation figures from the Institute of Transportation Engineers as referenced in Pitkin County's Road Management and Maintenance Plan adopted in 1995, 4 residential units at 9.55 vehicle trips per day represents 38 vehicles per day impacting adjacent streets whereas the lodge type use could run as high as 200 trips per day for 20 rooms, a restaurant and related uses. Once again, proximity to town and available transportation options may serve to reduce vehicular use, even by the freemarket units, substantially. Traffic generation is one area where I think conversion to residential use will have a substantial benefit (reduction) in impact to the 1 surrounding neighborhood from the current use. 1 Thank you for the opportunity of working on the Fireside Lodge conversion project. Please feel free to contact me directly if I may provide additional comment or detail regarding this report. 1 Very Truly Yours, SCHMUESER GORDON MEYER INC. 1 _ Jay W. Hammond, P.E. 1 Principal, Aspen Office JH/Ih 97028ER 1 1 1 1 ' SCHMUESER GORDON MEYER, INC. _ r r� ALL t.e 2''h`�'i�.'�z�"�i a i'! tip• x -! _ _ F EXISTING TREES TO REMAIN --� COOPEF AVENUE TREES TO REMAIN NOTE: ALL DEDCDDUOUS TREES OVER 6' AND CONIFERS OVER 4"THAT ARE TO BE REMOVED WILL BE MITIGATED BY NEW PLANTINGS THAT ARE EQUAL IN TOTAL CALIPER OWNER MAY MITIGATE DECIDUOUS TREES WITH COTTONWOODS PLANTED IN THE RIGHT OF WAY SITE PLAN �/8" . 1' - 011 AND RELOCATED ES TYPICAL UED FOR: DA -PROPERTY LINE-TYP E_--_--T- SETBACK LINE -TYPICAL II REMOVE AND RELOCATE EXISTING TREE TYPICAL Lu .O I z 5'-O' SIDE YARD SETBACK O Llj LL_ �uu �nnlxiurrrrctn�u caxmttan unt FENCE THAT ALLOWS / VIEW -TYPICAL IF ---EXISTING COTTONWOOD TO BE REMOVED 0 4 8 16 k L1J O Lw LL, 6 NO. 9707 C'CT) J-ff (IMES [UNWR AR7MITECIS OPEN SPACE CALCULATIONS L 6300 SF (35% OF 18,000) REQUIRED 6393.36 SF TOTAL OPEN SPACE 1 OPEN SPACE ED FOR: D � O Ce 0 u- 0O J Q ce w Z O� O� U Q A1.2 0 4 8 16 c COPVRICAii CHARLES CUNNIFFE ARCHI1EM �- — — ------------------------------------------------------------------------------------------------------------------- i i i I - t I - - STORAGE STORAGE I iiiV LAUNDRY MECHANICAL l I MEDIA FL 1 oVill 0 F— I "J FAMILY,RECREATION: -/ I l) STORAGE LAUNDRY �i 1S MECHANICAL I _ OFFICE C LJ MS x" II ill II II MEDIA �t FAMLLY/RECREATION ---------------------- ---------------------- 37'-0" 37'-0" UNIT TYPE A UNIT TYPE B STORAGE LAUNDRY MECHANICAL OFFICE s x II II MEDIA IFT Li FAMILY/RECREATION - Fill, UINI I I TYt tS ---------------------� i 1 i 1 LAUNDRY OFFICE 1� MECHANICAL I t I t _ I i I II III t 11 III MEDIA I t I u. FAMILY*ECREATION J I I t _ 37'-0" UNIT TYPE A 4 H 16 FOR: DATE: V W Z0 V " C ^ Q rn J 'w ID ft-ft O Z z � o V 1i w �.I qQ }_ V W O Z O W u.. IN( lOB NO. 9707TE ._ FEB 28,1997 SHEET NO. A2.1 SHEET OF c COFYRIGHT CHARM CUNNIFFE ARCHITECTS W LL! ALLEY BACK PATIO - i ns x Fm BACK PATIO 6 z as, I I II II II I ' • r r I '11111111 �11111111 'r• Vie R •r.: .�• ./ �■e%i *■eyr +�efr�I■•f��j ({arr■I ari•!� • q��tl �' �i• 1 aii iw M i•'a'ii 1 �!• / • r•• rijr ■e*r -�i i■ ar►■ �I aroma• alll~i a",a.r.� " .i�� � ) �w�4 ��a "/ ��?� I !A • w 1•� � .ea 11� s I■ � i 1 a j`[ a- y�f . i sr= ifs i1. Irk •l�� rr� rj , •ra , r•�.1 .� ,.. _aila , .ab� / -.,r �. ii_Ias. a- 1 il�la• ,.,.rrl I — - II I � J KKKK� IKKKKKKKKKKIKKIIIII_ 3 7'- 0" UNIT TYPE A O_ _ OI L----- A Owl �O I- _. - - _ _ L s,� w FXn asl»ae - GOURMET KITCHEN nas z m.osl � II II I CT. XM NEA4 XR•OOM 0 L Li L f ` I 3 7'-0" UNIT TYPE B --- - COOPER AVENUE FGRFSS F( aEL[JW 17'-0"- -----------------------------------------------------� i i MUD nUD .� � YIaY LX%MFFJf J GOURMET KITCHEN DINING /}} nld X Tal jGWAT- UNI I I YYL B BACK PATIO ,6 x usl IT i BREAKFASTifAMILY nss x xsl ENTRY --------- - - - ------ - 10 OI IO OI 1 MAIN LEVEL PLAN I/all _ �I_OII BACK PATIO laxa BREAKFASTifAMILY II ns.s z ups) 37'-0" UNIT TYPE A ISSUED FOR: DATE: xry ro O Z 2 z Z W s w 04 (n W V U) O Z ~ O 0 00 Q C O w C O U Z un Q LLJ C4 DRAWING _ ----- B NO. 9707 - DATE FEB 28, 1997 A2.2 fl 4 8 16 SHEET OF )PYRK ;HF CHARIES CUNNIFFE ARCHMCTS F--------------------------------------------------------------------------------------------------------------------------------------------------� ------------------------ -- - - - - - - - - - - - - - - - - - - - - - - - - - - t 1N ------ ----- I 1 ---------------- t I I I I I i I ---- I I I 1 1 I I I 1 { I 1 i IiN _________________ I 1 1 -- I I I J I BED #3 i ne.s x io l BED #2 F I I MASTER'BEDROOM a x Insl i I 1 1 moommms TI - I I -- ' I BED #3 BED #3 BED #3 _-__l J (-J OWN % NI-- BED #2 BED as xx f2 i I Isxm x� hn s — I .. .. .. .. I nl _V NNSTER BATH nesxm tar -- III .-- — -- W.I.C. N1a % a.m I 411 LN I r- lv—tvw MMTER BEDROOM 1 nea x xssl BED #4 BED #4 mxm ❑ -xr1 [J"j —I J MASTER'BEDROOM nA.% IA51 pi, n*o 7jW----m mI! ISPA BED #4 mxrn -� - -- -� �_ I - --------------- L---1 I I i L-------------------------------------------------------------------- ------------ ---------------------------- - 37'-0" 37'-0" 17'-0" 37'-0" UNIT TYPE A UNIT TYPE B UNIT TYPE B 1 UPPER LEVEL PLAN 88 1 0 37'-0" UNIT TYPE A n 4 8 16 ISSUED FOR: DATE: W:z 0 0 LLJ Q W DRAWING -- - -- JOB NO. 9707 - DATE FEB 28,1997 SHEET NO. A2.3 SHEET OF c COP(RIGHI CHARUS (UNNIFFF AR(:HITH:TS . - '__'_-'__'__'__'__'__'__'_-'-_'_-'-_'__'_-'-_'__'__'__'_-'__'__'_-'__-__'-_'_-'__'__'--'__'-_'__'-_'__'-_'_-'_-'-_'__'-_'_-'_-'_-'-_'__'__'_-'__-__'__'__'-_'_-'__'_-'_-'_-'__'__'__'__'-_'-_'__'__'__-_-'-_'__'__'__'� / . . | | . / . . � � � � / �� � / | � | / | � | ' | | | / | ' ' ,— —` [ ' ' �----^— —~-----` ' ��---^— ~----� r----�— �~----- '---- '�� —~—---� ' | | | | vi,// /`'t ^ un// /,rt u oNn /`rt n ".`" ..," " ISSUED FOR: Ln � Ln LW � � � o � LLJ CL � Ln ul � �] C-4 Ln LQ �i C) LL == 0 < U u ZZ ce Lu Z SHEET A2.4 » 4 » 16 SHEET OF ' ^ . cmpyRIGmommacUNwIFF,^momo, SOUTH ELEVATION QJ40R TH ELEVATION I/8�� _ ,�_0" I i I 1� 4 I i END ELEVATION /S.. = i._u.. Ll 4 H 16 y . . ISSUED FOR: DATE: w Z� Z F- L Lld Q u- O Z Q C � OC W � 0� Z W 0 U Q W DRAWNG _ -- DATE FEB 28,1997 SHEET NO. A3.1 SHEET OF f CHULB CUNNIEfE ARCHFMM -------------------------------------------------------------------------------------------------------------------------------------I I i i I I I I I I j - - - - - - - - - - - - - - - - - OVERALL SF: 2404.9 SF - - - - - - - - - - - - - -- OVERALL SF: 2465.6 SF AREA OF PERIMETER WALLS: AREA OF PERIMETER WALLS: i 224 LF X 11 F- 2464 SF 245 LF X Il F= 2695 SF AREA OF EXPOSED WALLS AT LIGHTWELLS: AREA OF EXPOSED WALLS AT L/GHTWELLS: 17325 SF 173.85 SF PERCENTAGE OF EXPOSED TO PERIMETER: PERCENTAGE OF EXPOSED TO PERIMETER: 17325/2464=.07 /73.85 /2695=.065 TOTAL SQUARE FEET APPLIED TO F.A.R.: TOTAL SQUARE FEET APPLIED TO F.A.R.: .065 X 2465.6 = 159J SF .07 X 24049 = 169.7 SF OVERALL SF: 2465.6 SF AREA OF PERIMETER WALLS: 245 LF X ll F= 2695 SF AREA OF EXPOSED WALLS AT LIGHTWELLS: _------- 17325 SF PERCENTAGE OF EXPOSED TO PERIMETER: 173.8512695-.065 TOTAL SQUARE FEET APPLIED TO F.AR.: .065 X 2465.E - 159.1 SF TOTAL SQUARE FEET APPLIED TO FAR: ------------------ OVERALL SF: 2404.9 SF AREA OF PERIMETER WALLS: 224 LF X ll F= 2464 SF AREA OF EXPOSED WALLS AT LIGHTWELLS: 7325 SF - - - - - - - - - - - - - - PERNTAGE CEOF EXPOSED TO PERIMETER. 17325/2464=.07 TOTAL SQUARE FEET APPLIED TO F.4R_ .07 X 24049 = 169.7 SF &§EL� W GRADE F.A.R. 657.6 SF 0 4 8 16 ISSUED FOR: DATE: �D n 1 O LLI C ch W ZCL s V N w O Z Z ~o c' czo O o0 Qo 0 Lu M- 0 v¢ W W DRAWING JOB NO. 9707 DATE FEB 28,1997 MFAR 1 SHEET OF c COPYRIGHT CKMUS CUNNIFFE ARCHHK75 ------ --------------------------------------------------------------------------------------------------------------------------------------------- I 1920.8 980.5 1980.5 1920.8 37.54 142 3 -I40.6 �140.6 : 2100.6 SF FAR 2158.4 SF FAR 2158.4 SF FAR 2100.6 SF FAR LOWER F.A.R. 657.6 SF MAIN F.A.R. 8518D SF UPPER FAR. 8748.4 SF TOTAL 17.924 SF TOTAL ALLOWABLE 18,000 SF TOTAL, SQUARE FEET APPLIED TO FAR: 8.518 SF MAIN LEVEL F.A.R. �1_�II n 4 8 16 I ISSUED FOR: DATE: w 0 Z ~o �o O o0 Qo 0 Lwz CL 0< W LiQ 04 DRAWING -- — -- JOB NO. 9707 DATE FEB 28,1997 SHEET NO. FAR2 SHEET OF ;HT CHARLES CUNNIFFF ARCHITECTS a l F-- --— - — - — - — - - -- -- -- i i I 2186.6 SF FAR L----------------------- 2188.6 SF FAR 2188.6 SF FAR TOTAL SQUARE FEET APPLIED TO FAR: (E)_qPPE R LEVEL F.A.R.11. _ 8748.4 SF -----------------------� i i i 2188.6 SF FAR 0 4 8 16 ISSUED FOR: DATE: ID _J o (14 ?� T\ Ln In V 0 W LLJ Ll- LW \ O Z V s tA W 0 Z ~o �o 0 00 Qo O W a. O U W < \ LL! I ING ��NO. 9707 FEB 28,1997 c.COPYRIGHT CHARDS OWN1FTT ARCHITECTS AL,cFr 31- o co i FOUND =-15FIA'E C OOPE )CEZ, (73.70 ' WIDE-) NW COre OLGY'K G 2 GlTrA 0MUME/JT NOTICE: According to Colorado law you must commence any legal action based /� upon any defect in this survey within three years after you first discover such defect. A lninga Cm or y mytt, 1nA A VENUE ,L3,45/5 Of-5E,q,-/1-1G , 5 75e09 ' / / /E 270.03 f/ELo r270.Oo jeEcoR 0 5 10 20 30 //10 60 FT gA515 OF �EAf�INC, 575*0'1' 1 1 "E DETWEEN NE AND NW COfzNE�s OF BLOCK Co2, 50TH CITY MONU1v1Et�IT�. 5URVEYORI5 CEXTIFIGATE. 1, JAME5 F t;�"f=SEA, E-{�}ZE�Y CE�,--1 ffT- THAT TH 15 MAI`- fZEPKE5EHT5 A FIELD 5UFZVEY MED by ME AND UNDER MY --X E vl510N ON ,JAI,1UARY 7, 19 9 7 OF LOTS K, L, M, N, O, AND f , 5L0-' K G 1, C I T ' OF ASPEN, PITKIN CCXJNTY, COLOfzAIZ7. THE THREE STORY WOOD FRAME LUI LDING V/A5 rOUND TO !3E LGYATEO ENTIff L. L- WITHIN THE nQJNDAIi Y LINES OF THE f'f=oPE,,TY DFc-'Cf5ED AnOVE. THE LOCATION AND DMENSION5 OF ALL f31JILDING5, IMf'f�OVf'1,/lENTS, EASEMENT5, BIGHTS OF WAY IN EVIDENCE OK KNOWN TO N1E- AND E>��ACHMENT5 DY CIR ON THESE FREMl5E5 ACE ACCUfzATELYSHOWN, ALf INE SUfzVEY7, INC. BY------------------------------- dAME5 F I�ESEtz, F-ATF----------------- L.5.611U4 NOTES ° _ f ITKIN COUNTY- TITLE, III. COMMITMENT CA5E NO. FAT 1 12-9t) WA5 USED IN THE PKEFAFATION OF TN 15 S(JKV E- I-, CUfF,5 AND CrJNIO-)t"F,, LINES AfZE �Y OTHE-rS. INDICATE5 4t5 rE'MAf<:' 4 FLASTICCAF-, L.---). 91t)4 5CHEDULE OF TKEE5 CMEASUI D AT-4V AC0/E Ggou1Np) I 2-n" P. TFZEMULOIDES 2& 09 �!)FRIcK,E 2 4 SPRUCE 27 1.2 1' .3 I.4'� 1.0' f' TRE.MOLDIDE5 2,5 2-0,,4 11 4 0.2 29 0.5 P. TREMULODES ,5 0."1 3o 0.5 It 7 `i 10 0.7 " 0.-7 o 7 4 2.6 P. AL.GC,�TAFOLIA 0.3 SPt�UCE 31 32 33 54 35 I. 1' SPI��GE 0,75' P TREVULOIDES (3.15' 11 0.3' 11 .4 I I O,'> If 3(o Ole SFRUCE 13 C).& 36 0.6 f . TRE1✓1UL01 DE5 14 0.2 31 0.9' II 15 0,5 P TREMU LOI DE5 /jO O.5' If I G 0.2 SPR r r- 41 0.&5' �RUGE 17 0.2 If .42 0.05' P, TREMULOIDES I8 o.4 .43 0.3' 1 19 0.4 1 44 O. 5' 11 20 o.15 /4 5 0.5' 11 21 0.2 ,G6, 0.,5' 11 , 22 o. 4 11 47 0.5' 11 �3 0.2 N 24 o.l " 25 O.Co P. TREVIULOIDES N� Co),tz . oz COCK G 2 c'/T- mol'IUMENT- ....... tnie aUrvey ve commenced more than ten years from the date of the certification shown hereon. 11 - --r----- --• '-jV-j aaava Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 aurvePW I. U /. -I / vrf<� Revlsl" 3•Q4. 97 GL + CONTOUfZ5 Tito Job No 9Co -G I Drafted 2.11.'17 UH8 l4.dn.9-7 PgIVEWAf5�� CUUR5�5� DISTQI�ES, LMjPPQVEMENT -DUfzVEY Cliff GOLDSMITH 1✓iC?IJU1v1ENT5 LOT5 K, L, 1,,1,1J, O � F, aLOGK Col, CI TY OF A.51FEN PITKIN COUNTY', C01-OI-AP0. i M PATIO Otn I o I� I � I I 6'-8' SIDE I YARD SETBAC;4, K i c I I { _ i i= A Y ,` P POSED TOWNHO I E TYPE A "j �— ,`?� o � / EXISTi��C� rr I TO BE REMO, I_D o 1 yy � J r, EXISTING TREES _-- , \ I O TO REMAIN \ fi Ex HC CURB CUT PER CODE EXISTING TREES TO REMAIN E NEW AND TREES T ------NEW WALKWAY 5'-0' RAT/0 I `RoJC>FD oWN111c) E I ISSUED FOR: DATE: EW AND RELOCATED REES TYPICAL � .. RFL �Y PAT/0 PATIO U r PROPERTY LINE-TYP I \' SETBACK LINE -TYPICAL I REMOVE AN RELOCA E L EXISTWG T( EES TYPI AL i I G ATE EX STI NG T REES-TE ANYPICAL 01 / - — — &O�BEN T REESOVA I lutturrtrrutruidxgzmutrc�rr tururr iri 7ELOC TED 'CAL c C 1 1 ' L V E01 REMAIN TREES c PROPOSED TON OME TYPE B II I I I I I O O ! TEOSED TOWNHOME V I I I i I I j YARD SETBACK EXI TIING MAINREES o Ey1 tt s 1 icui' ilrir I 1,I,rlift uutr1Iunurrri IurtuarrrrT ,. um FENCE THAT ALLOWS VIEW -TYPICAL TO' BENCOTTONWOOD REMOVED COOPER AVENUE NOTE: ALL DEDCDDUOUS TREES OVER O AND CONIFERS OVER 9" THAT ARE TO BE REMOVED WILL BE MITIGATED BY NEW PLANTINGS THAT ARE EQUAL IN TOTAL CALIPER OWNER MAY MITIGATE DECIDUOUS TREES WITH COTTONWOODS PLANTED IN THE RIGHT OF WAY &__S ITE PLAN V _ 1._O 0 4 8 16 W 0 Z Z O Lu Q _ct� ~O Z 0 Q Q cle Lu Z C_ Lu O CL u Q DRAWING JOB NO. 9707 DATE FEB 28,1997 SHEET NO. A1.1 SHEET OF C (S)RMGHE CHARLES (UN,NIEEE ARCHITECI5 i L------------------------------- ------------------------------------------------------------------------------------------------------------------� OPEN SPACE CALCULATIONS 6300 SF (35% OF 181000) REQUIRED 6393.36 SF TOTAL OPEN SPACE OPEN SPACE V - 1'-p 0 4 8 16 ISSUED FOR: DATE: U � �u Z W V QW J W Z O U Z Z Q o F 5 U �n � J 5� O Z ~O Ce Ce 0 Z Q O O ce w W 0 Z LLJ EL O OLr) U Q L1J C4 DRAWING JOB NO. 9707 DATE FEB 28,1997 SHEET NO. A1.2 SHEET OF C COPYRIGH1 ( RULES CUNNIM AR(HITECi$ F STORAGE I ! I i ---- F OFFICE LAUNDRY LAUNDRY aes x m 1 I I I MECHANICAL MECHANICAL J I I _ i — I'i F II I III III MEDIA -_ V I I' I ° { ° iI FAMILY/RECREAnOhI'-J Ffx1E4 I I i I I I L----- ----------------------- 37'-0" UNIT TYPE A STORAGE L_; OFFICE ' - �, ms x iw I MEDIA C L- -A ILY�ttE -m- -mN STORAGE ----------- OFFICE nes x us) MEDIA 1 n t�� 1 in EJ- FAMWW&CREATOW -! F�- — — --------------------------------------------I i i i i i STORAGE i I I I t LAUNDRY LAUNDRY OFFICE 06.5 x 29) i ) MECHANICAL MECHANICAL I I 0 L - -- —.-_. 11� 11 I II Ilt 11 tl - II - - - - - MEDIA �J/ I _ W UI �ILYGRECREATION I I I t t 37'-0" 171-0" 37'-0" 37'-0" UNIT TYPE B UNIT TYPE B UNIT TYPE A I BELOW GRADE PLAN Ile 0 4 6 16 ISSUED FOR: DATE: w o � Q L.L r) O Q O uj Z O E- o Q U DRAWING JOB NO. 9707 DATE FEB 28,1997 SHEET NO. A2.1 SHEET OF c COPYRIGHT CHARLES CUNNIFFE ARCHITECTS W w ALLEY ------------------------------------------- UNIT TYPE A UNIT TYPE B 0011% eN UNIT TYPE B UNIT TYPE A COOPER AVENUE MAIN LEVEL PLAN I�B, . J. _ o„(j) 0 4 8 16 ISSUED FOR: DATE: L V Z U Q Lw Z U w 04 w 0 Z ~o �o O 00 Qo 0 W CLW 0< �Ll 04 DRAWING -- JOB NO. 9707 DATE FEB 28,1997 SHEET NO. A2.2 SHEET OF CHARMS CUNNIFFE ARCHITECTS i I " I i J,. 1 y-------------------------------------------------------------------------------------------------------------------------------------------------� i ------------ I --- -------------- I I I I 1 I I I 1 1 i ! 1 1 I I 1 I 1 I I 1 _ __ I ___ --- I f I � 1 I 1 } I � I I I . I I 1 1 I � I I I I I — � __________ I I IIr � BED #3 nns x ul ❑ - BED #�3 ne.s x la - Bn" x3 - BEDx #3 —I BED 1#2 BED #2 n.x,n I -_ BED #2 ne % to BED #2 ___ Y A lexsl zSI 6%s xsl --�- o mzs I axsl I I i i MASTER BATH ne.s z u' m , = sl ms = n MASTER BATH oas z m MASTER BATH nes % m Isx.s = s, nx.s x MASTER BATH i II _ _ i� i 37'-0" i 37'-0" 17'-0" X 37'-0" 37'-0ee UNIT TYPE A UNIT TYPE B UNIT TYPE B UNIT TYPE A i 1 UPPER LEVEL PLAN /B11 ,1_011 0 4 8 16 ISSUED FOR: DATE: V Z V C4 Z Z V L 04 L :z Z Z F- 0 �o � A0 ¢ 0 w C o, z a Q 0� w C SHEET NO. A2.3 SHEET OF CHARLES CUNNR'fE ARCHITECTS i F- - - - - - - - - - - - - - - - - - - - - - - - i UNII IYYt A UNIT IYYt v U114II 1IVL u � 1. 1 ROOF PLAN 8. 0 ' 4 8 16 ISSUED FOR: DATE: Q V w C Z Z ~o �' cl�o u-;� O o0 Qo O W 11 On- O W Q DRAWING JOB NO. 9707 DATE FEB 28,1997 SHEET NO. A2.4 SHEET OF f CHARLES CUNNIFFE ARCHFIiCFS 0__SO ELEVATION CII7C 2 NORTH ELEVATION _ , _p, 0___END ELEVATION JZ - 1'-p INTERIOR ELEVATION /8" = 1'-p" 0 4 8 16 ISSUED FOR: DATE: rl ID o V a, W Z V Ln Lrll N O� w J LLJ o Z Z 2 ZcL Q s M V W C r Q Zw V W C Z Z C W W DRAWING JOB NO. 9707 -- -- DATE` FEB 28,1997 SHEET NO. A3.1 SHEET OF c C0l',W;HT CHARLES (UNNIM ARCHITIM — — — — — — — — — — — — — — — — — OVERALL SF: 24049 SF — — — — — — — — — — — — — — — — — — — — — OVERALL SF: 2465.E SF — — — — — — — — — — — — — — — — — — — OVERALL SF: 2465.6 SF AREA OF PERIMETER WALLS: AREA OF PERIMETER WALLS: AREA OF PERIMETER WALLS: 224 LF X 11 FF- 2464 SF 245 LF X I/ F- 2695 SF 245 LF X ll F- 2695 SF AREA OF EXPOSED WALLS AT LIGHTWELLS: AREA OF EXPOSED WALLS AT LIGHTWELLS: AREA OF EXPOSED WALLS AT LJGHTWELLS: 173.85 SF 173.85 SF 173.85 SF _—_—_— PERCENTAGE OF EXPOSED TO PERIMETER: PERCENTAGE OF EXPOSED TO PERIMETER: PERCENTAGE OF EXPOSED TO PERIMETER: 173.85/2464-.07 173.85/2695-D65 /73.85/2695-.065 TOTAL SQUARE FEET APPLIED TO F.A.R: TOTAL SQUARE FEET APPLIED TO F.A.R: TOTAL SQUARE FEET APPLIED TO F.A.R: .065 X 2465.6 = 159J SF .065 X 2465.6 - 159J SF .07 X 24049 - 169.7 SF TOTAL SQUARE FEET APPLIED TO FAR: OVERALL SF: 24049 SF AREA OF PERIMETER WALLS: I 224 LF X ll F- 2464 SF i AREA OF EXPOSED WALLS AT LIGHTWELLS: 173B—------- -- SF — PERCENTAGE OF EXPOSED TO PERIMETER: 173.85/2464-.07 TOTAL SQUARE FEET APPLIED TO FAR.: .07 X 24049 - 169.7 SF 657.6 SF ISSUED FOR: DATE: L o Ll Irl m O Z Z Q N UCD r4 W 0 z z 0 Lli Lw \ DRAWING--- --- JOB- NO. 9707 _ DATE FEB 28,1997 SHEET NO. BELOW GRADE F.A.R. /eI - 11-011 mmmp.. 0 4 8 16 FAR1 I SHEET OF c COMIGHT CHARLES CUNMFFE ARCHFFECTS '—'—'--'------'—'—'—'—'—'—'—'—'---'—'—'—'—'—'—'—'—'—'—'----'—'—'---'—'—'—'—'—'—'—'—'—'---'—'—'—'—'—'—'—'—'—'—' | / | ' ) / __________________ _ .14237-3 2100.6 SF FAR ------------------------------------ ___________________________________ 2158.*5FFAR 2158SF FAR '—'—'----'—'—'—'---'—'—'---'—'—'---'—'—'—'---------'—'— LOWERFAR. 657B SF MAIN FAR. 8518,0 SF UPPER FAR. 8748.45F TOTAL 17,924 5F 70r4L ALLOWABLE 18,000 SF TOTAL SOUAREFEET APPLIED r0FAR: 8518 SF MAIN LEVEL F.A.R. ISSUED FOR: DATE: I LL. C) Z < 0 u � LLJ -- Lu —m ` z CZ un LQ onsipp-l� m -------------------------------------� i Li Li I -- -- I ---------- --------- AI II II III - - - 1 i i I I i I � I 1 — -- I � I --- ------------------------- 2I88.6 SF FAR 2188.6 SF FAR 2188.6 SF FAR 2188.6 SF FAR ----------------- ----------------- --------------- ---------------------------------------------------------------------------------------------j TOTAL SQUARE FEET APPLIED TO FAR: 8748.4 SF UPPER LEVEL F.A.R. 1/SII 11_O11 F mm� 0 4 H IG Al ISSUED FOR: DATE: V 1 Z V C4 Q LLJ Z V W C4 ~ 0 O Z Q " 0 �LJ ce LLJ a- 0 w a. O 0 Q W C4 Z k DRAWING JOB NO. 9707 DATE FEB 28,1997 SHEET NO. FAR3 SHEET OF CHARLIS CUNNIFFI ANCHIUCTS REMOVE AND RELOCATE PHONE PEDESTAL AND POLE --------i AND RELOCATED ES TYPICAL QII PC i PATIO I PATIO 8 k ---PROPERTY LINE-TYP SETBACK LINE TYPICAL , REMOVE ,AND RELOCA E 1 \ �� . Exl ST G T EYP, T 1 ? - "t REMOVE AND RELOCATE EXISTING TREES -TYPICAL } I Tn PROPOSED TOWh�HOME PROPOSED TOWNHOME i ° fC i I I I EXISTING TREES TO REMAIN\� \ I O O O O I \---O�BENRE�ED I I O Ax He CURB cur — ' I w11� I VA /y/�� 1 t n PER CODE Ex � � Ex , `� EXISTING TREES I A I ° / I I ��� I \ I . TO REMAIN w r_ F c � ' I. v _ »#tiff It1711 htJ.TLI ifltill11It31 tJtlfitttltl tlt 71:Ittlt�lf7l�il ;Y.1. J li[7I1 wilt. -- i RE-ROUTE SIDEWALK TO ACCOMODATE EXISTING — TREES �J W �OTHICK CONCRETE APRON TAPER TO STREET REMOVE AND RELOCATE PHONE PEDESTAL �11 i f PATIO I ao — — — - L - I o i i z ° (5' 0 5'-0' ° I i � t i 6'-8' SIDE -� YARD SETBACK EXISTING TREES EXISTING I TO BE REMOVED TREES TO REMAIN ` r I PROPOSED TOWNHOIE - I I TYPE A i L�__ \1 uy ' / A EXISTING TREES- �} TO.BE REMOVED I STREET LIGHT -ANTIQUE STYLE BY 'VISCO' MODEL • VI-A-F/12 (PHONE *303-573-0222) SINGLE GLOBE BY 'ALL PHASE' ASPEN SINGLE GLOBE STANDARD (PHONE #945-6204) INSTALL ON SEPARATE CIRCUIT COORDINATE FINAL LOCATION WITH CITY OF ASPEN HC CUB CUT PER CODE PATIO j i I I j PROPOSED TOWNHOME TYPI B L NEW AND RELOCATED \ WALKWAY TREES TY 'ICAL NEW CONCRETE XIST/N TREE SIDEW a 0 REM N RE-ROUTE SIDEWALK TO ACCOMODATE EXISTING TREE WHERE EXISTING DRIVEWAY IS LOCATED EXISTING TREES TO REMAIN BUILD NEW 6' HIGH 'HOLLYWOOD° TYPE CONCRETE CURB -PROVIDE /O'TRANSITION TO EXISTING CURB. COOPER Alf_NUE l I I t ' I l 5'-0' SIDE --- YARD SETBACK a , � Y �ttl /� �itIttSitli _•; / � - ;111Y1Stt2121t!!t)fttttttSittt lit'11-t1tJYttti7111�,�(���i}'ittltl FENCE THAT ALLOWS \ VIEW -TYPICAL XISTING I COTTON OOD r0 BE MOVED NOTE: ALL DECCIDUOUS TREES OVER 6-AND CONIFERS OVER 4-THAT ARE TO BE REMOVED WILL BE MITIGATED BY NEW PLANTINGS THAT ARE EQUAL IN TOTAL CALIPER OWNER MAY MITIGATE DECIDUOUS TREES WITH COTTONWOODS PLANTED IN THE RIGHT OF WAY 1 SITE PLAN 0 4 8 16 ISSUED FOR: DATE: REVISED PEP 5/13/97 CITY'S COMMENTS W :z Z � Q O C Z Q 0 LV Q LL ' n- O O Z W a_ Q W DRAWING LLJ - --- — - --- CJ� Z JOB NO. 9707 -- DATE APR 3,1997 Lu U_ Q RECEIVED AN 1 0 1991 = COMMUNITY DEVELOPMENT (f) c awTJCHT clwueS CIANWR ARCHFEUS �— — —--------------------------------------------------------------------------------------------------------------------------------------------� -- - STORAGE STORAGE STORAGE STORAGE v1,491 I Irc: n UNII ITYt 13 UIVII IYYt IS UIVII IYYt A ISSUED FOR: 7DAT" WEST UNIT 197 LIGHTWELLS REVISED � vJ o u, V LL O V �n in v� N 1 T ui J LLJ Y 00 Z O U Z ZCL � o V J Z = TQ � y W CD V W 0 00 Q0 j w °- W Q i o< u¢ ,L ._J W V) Z V Lu 0 U Q BELOW GRADE PLAN 1 `L' %a•• _ �,_0. _ 0 4 8 16 U SHEET NO. A2.1 SHEET OF CHARLES CUNNIFFE ARCHF[tQS Checklist for Improvement Survey Plats City of Aspen Engineering Department k" Information &c Use: applications for development including: Subdivision (*); Lot Line Adjustments (*); Lot Splits (*); Conditional Uses; Special Review; Environmentally Sensitive ,areas (ESA); Specially Planned Area (SPA) *); Planned Unit Development (PUD) (*); Condom iniumization (*); Temporary Uses (as required); or for a building ^ermit if the -)roposed construction is a new building or will change the exterior dimensions of an existing building, an Improvement Survey Plat completed, within one (1) year prior to the application by a Professional Land Surveyor (PLS) currently licensed in Colorado, bearing the land surveyor's original wet ink signature and seal, and meeting the requirements of the Colorado Revised Statutes 1973, as amended, Uniform Building Code 1994, and Aspen Muni- cipal Code shall be provided with the particular application prior to acceptance of the development application or issuance of the building permit. The following requirements are paraphrased from the original text except where indicated as quotations by quotation marks. Improvement Survey Plat: "... a land survey plat ... resulting from a monumented land survey showing the location of all structures, visible utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, any conflicting boundary evidence or visible encroachments, and all easements, under- zround utilities. and tunnels for which property recorded evidence is available from the county clerk and recorder, a title insurance company, or other sources as specified on the improvement survey plat." And, as further amended by Aspen Municipal Code (�) for improvement survey plats and surveys of land situated within the City of Aspen: Scale drawing of the parcel boundaries (Condominium boundaries need to be shown as delimiting boundaries) All dimensions necessary to establish the boundaries in the field" Ato f t hu w.2 V _ "A description of all monuments, [and accessoriesl both found and set, ... and of all control monuments used in conducting the survey." The description shall include at least: the size of pin, rod, stake, post, hub, store, etc. found or set as a monument; its material (metal, wood, stone, etc.); type of cap or disk (brass. steel, aluminum, plastic, etc.), the inscription on the cap or monument; condition of the monument if the monument has been bent. disturbed, is illegible, etc. /Nod' fh a wti /y/ A statement explaining how basis of bearings were determined, per state Board of Registration Policy S. -of-way and easements, with a statement by the PLS referencing other researcher. All recordea and apparent rights if used, ( i.e? ritle company name, commitment number and date) of the recorded rights -of -way and easements, (as applicable) (cp) S1 •«..4 ilVe.. - • w„ Fo•v1 A4)"��: s *1 Surveyor's statement acknowledging responsibility for the survey, registration No., original wet ink signature and peal: company name and address v _ A certificate of filing for the Pitkin County clerk and recorder. A statement of scale a bar or graphic scale, and a North Arrow Written property description including at least the county and state; and either 1) section, township, range, and principal meridian; or 2) within an established subdivision, subdivision name, block and lot number; or 3) other method of describing land as established by the General Land Office or the BLM _ZDate of survey or an additional date of inspection and update (within 12 months prior to the application) (�) _ "Any conflicting boundary evidence". A plat must also be prepared and deposited for any monument found substantially at variance with dimensions shown on deposited or filed plats, or if the monument results in conflicting boundary evidence with has not previously been shown on a plat deposited or filed. "The Professional Land Surveyor shall determine reasonable measurements and error of closure to be compatible with the size and geometric shape of the given parcel and consistent with the accepted standard of care of Colorado Professional Land Surveyors." AIA Initial application includes an Improvement Survey Plat ; Additional requirements apply to final recorded document. Aspen Municipal Code requirement } Fulfills site plan requirements of a Tree Removal Permit ($) Fulfills site plan requirements of a Rights -of -Way Permit ASRV197.130C 1 OF 2 Revised: 01/10/97 Checklist for Improvement Survey Plats - Continued City of :aspen Engineering Department _ "Monuments shall be set not morethan ijurteen hundred [1,4001 feet apart along any straight boundary line• at all angle points, at the beginning, end, and points of change of direction or change of radius of any curved boundaries defined by circular arcs, and at the beginning and end of any spiral curve." /1M A benchmark, with identifying datum information, (corrected elevation per a recognized datum, with year) is required to be depicted and referenced for establishing vertical control for properties containing vertically subdivided property, e.g. multi -level condominium developments. Include dimensioned sectional views to define and describe the vertical limits of the properties. N4 When construction is proposed in the special flood hazard areas, the survey shall include elevations (in relaric)i to mean sea level, provide corrected datum elevation and date) of the lowest floor, including the basement, of al I ,ew or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. (�) q4 _ When any new monuments are set, they will be solidly embedded in the ground and consist of a durable cap or durable metal disk bearing the registration number of the professional land surveyor responsible for the establishment of the monument. In situations where it is impractical to set a monument at the true corner, either reference monuments (RNI) or a witness comer (WC), as required, shall be set. N.B. A figure or inscription chiseled in a solid surface does not suffice as a newly ee r MQnUM nr and is only accepted as an existing monument when specifically identified on a previously recorded plat, map or legal description. The top of any monument which is within the traffic area of a publicly named, dedicated or deeded street, road highway shall be placed one-half foot below the roadway surface. If the roadway surface is pavement two inches, thick or greater, the monument shall include a monument box the top of which shall beset 1/� inch below the surface of the surrounding pavement (�) A)A 1eAll trees of four (4) caliper inches or more measured at four and one-half (4 1/2) feet above the ground, includIll"Z the'free species (�) (t) ($) _All existing curb cuts, edge of the paved roadway surface, width of the adjoining rights -of -way, designated tm; i;; all utility boxes, grates, cabinets, poles and appurtenances at or above grade, "any ditch. gutter• drain, catchbasin, culvert or other drainage improvement,...", and all "driveways, curbs ... street lights, street signs and signals, storm sewers.... bridges", "street improvements and similar items", lying between the edge of pavement in rights -of -way and the nearest property boundary(s), shall be shown. (�) (t) q) __ "... any other matters necessary or proper to clarify the descriptions of lands indicated on any such plat may be entered thereon....'' (e.g. both record and field dimensions; bearings and distances to benchmarks and the basis of bearings monuments, etc.) (�) Plats and maps shall be drawn so that all features, script and symbols are clearly legible in the original document and in direct contact copies made from the original document or in prints made from enlargements of microfilm records of the document. Unique symbols shall be used for each type of feature or improvement represented: fonts of adequate size and type shall be used to clearly differentiate between alpha and numeric characters, e.g '`I" I'll, 1 " vs. "7"; "0" (zero) vs. "O" (o); "2" vs. "7" vs. "Z"; etc. CRS 38-51-107. Required plats. "(1) Every professional land surveyor who accepts a monument while performing a monumented land survey shall prepare a plat if such monument is not of record ... or if such monument is set pursuant to section (CRS) 38-51-104. (2) No plat shall be required to be prepared if the monuments accepted are within a platted subdivision which was tiled after July 1, 1975." (emphasis added) All plats required by this section shall be deposited with the county in which the survey was performed within ,_ix months after the date the monument is accepted in the field or is set by a PLS. _ Disclosure of Survey Purpose: Board of Registration, Rule XV (5) B: "If under the terms of a contract or r)v client agreement a PLS performed work other than that specifically calling for a land survey plat ... [or] ... improvement survey plat, ... the PLS must provide a written explanation on the document of the nature and purpose of the document being supplied to the client. Any such explanatory statement shall be provided solcl ;or the purpose of clarifying the nature and purpose of the client's document and shall not be a means by which the PLS may avoid professional responsibilities as established by Colorado law and the generally accepted standards of practice of land surveying." (0) Aspen Municipal Code requirement (t) Fulfills site plan requirements of a Tree Removal Permit ($) Fulfills site plan requirements of a Rights -of -Way Permit IMSRV197.DOC 2 OF 2 Revised: 01/iOi97 I I I 1 % ALL,Er 6LoCK 0/ i t %% \ I CP-54 + IQ i V' 39 40 0 37 0- / '♦ I �35 i 32 • \ "SIGN 28 27 025 u, coo��� •� v�)VvE n �- -L O 5 10 20 30 140 gD 6O FT VALE- I'=101 b,4515 OF f>FAP NG = 57.5'0`1' 11" E EX TWEEN N E AND N W C0KNEi;?,s OF 5LOC.i�-- CO2, BOTH CITY MONUME.IJT�. 5URVEYORI5 CERTIFICATE. I, JA1V1E5 ff HE�E>3Y CEfzT1F`r THAT THIS MAP REPA FIELD SURVEY PEt�FOKMED Er ME AND UNDER MY fzVISION ON �JANUAKY 7, 19 17 OF LOT5 iK, L, M, N, O, ANO P, Co I , C I T' O F ASI EN, PITKIN CCOL�-ITY, COLOI`--�. THE THREE STORY WOOD FRAME 13UI LDING \NA5 FOUND TO i3E LOL-ATED ENTIKEJ_Y WIT}-IIN THE 13CUNDAKY LINES OF THE PfzOPEKTY DZ---C1DED ACOVE. THE LOCATION AND DIMEN510N5 OF ALL DUIL.DING5, IMI-KOVr-VF-SITS, EA51f:VENT5, fzIGHT5 OF WAY IN EVIDENCE Off KNOWN TO ME AND EiJClzOACHMENT5 COY OZZ ON THESE f'KEMISE5 AfZE ACCURATELY SHOWN, ALPINE SUf--V1=Y5, 11--IC. ICY------------------ ---- - ----- JAMES F ►zESEtz, / r PATE ---_ --- L.S. "II n4 y Ilk / / / 7777 NOTES I"ITKIN COUNTY TITLE, NC. COMMITMENT CA5f- NO. FC,T 1129t) WA5 USED IN THE PKEI-ARATION OF TI--I15 -5(JKvE-Y `. CUK5 -kND CIJNTC-)r, LINE5 Aft If f3Y OTHE1z5. SCHEDULE OF TREES (An _Mea:���.j 4'k' a(oe,, y - ,.A) 1 2 - 6" P TF�EM U LOIDES 2& 0.-1 Sf RtX I= 2 4 " 5PKUCE 27 1. 2 It .3 1.44 I.O' P TIREMULDIDE5 26 2-0.4 11 4 O.2 11 29 0.5 P. TKEMULOUE5 5 0.9 11 30 0.5 11 CD 0.7 11 31 I. I ' SPRrJGE 7 0-7 It 32 0.75' PTRIfVIULOIDES +0 7 4 33 O.15 1t `l 2.6 P AEI,bTAFOLIA 54 0.3' it 10 0.3 tffKU E -4 - 05< It I I 0.3 II 3G OCR SPRUCE 12 0.4 11 37 2-0.35-4 5PIeLLE 13 0.& 11 36 0.6 P TREVIULOIDFS 14 0.2 11 39 0.`1 ' 11 15 0.5 P TREMULOIDE5 L,O 0.5' 11 I G 0.2 5PRLr r- 1L4 1 0.&5' 'tg-RIX-E 17 O.2 It .42 0.&5' P. TREMULOIDES 1 8 0.4 11 -43 0• It, ' 11 19 O./f Il /44 O.5' 11 20 0.15 II 45 0.5' _ It 21 p.2 It /_,& 0-.5' " 22 0.4 11 47 0.5' It 23 O.2 " 148 0.55' II 24 0.1 II 25 O.& P. TKEMUL01 DES lip +CP-50 �Ly/ upon any defect in ON, survey wumn three years after you first discover such defect. In no event may any ectiun based upon any defect to this survey be commenced more than ten years hom the date of the cenihcabon shown hereon. /11pil1C .7U1 VCyb1I 111U. Post Office Box 1730 Aspen, CoWorado 81612 970 !.25 2688 aurveyea i . /. i / u r t` rsevislons '. U4. 1 / GUKC5 + CONTUUKS Drafted 2. 1 l.-17 J H )3 Title I MPROVEME NT 5UKVE)- LOT5 K, L, M, N, O � P, E5LOGK CDI , CI TY OF ASPEN PITKIN COUNTY, COL.Ot--Apb. Job No `(o-Cnl Ghent GOLD,5M I TH SITE PLAN _AN fi EXISTING BUILDING N N y l4 iI i I i I I ( - � I ZING.- - -- ----- ------- - - - --- - - - - - - - - - ---� UNT TYPE 8 UNff TYPE A "FIRESIDE" TOWNHOMES MAIN LEVEL PLAN " FF8 27, 1997 ,�.N,�..f. Na � ' < _ U1Af TYPE A UNR TYPE B PROPOSED BUILDING STREET ELEVATION EXISTING BUILDING FOOTPRINT EXISTING BUILDING h w E'XI8' r" BlAt-D iG NEIGHBORHOOD BLOCK PLAN NOTE: GP.ZIGNI� INt IA I AY'EhiUF I PAfLKIN� S GPiLE i° = 50• SU SU D Goh#TOUV— IttTEflVAL Z. FEt-r i j�� _ l r BUILDING TO BE DEMOLISHED T STREET ELEVATION EXISTING BUILD#NQ, A