HomeMy WebLinkAboutcoa.lu.gm.Sportstalker.44A-89 0
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 5(11/89 PARCEL ID AND CASE NO.
DATE COMPLETE: �9l$9 2737-073-40-001 44A-89
STAFF MEMBER: Qt ''a"^
PROJECT NAME: Sportstalker Apartments Subdivision Residential
GMOS
Project Address: 204 South Galena Street
Legal Address: Lots A, B & C, Block 94
APPLICANT: Barham Incorporated, Jerald Barnett
Applicant Address: P. O. Box 4537 Aspen, CO 81612
REPRESENTATIVE: Glenn Horn, 300 E. Hyman Avenue-5-6587
Representative Address/Phone: C. Welton Anderson
P. O. Box 9946, Aspen, 5-4576
PAID: YES NO AMOUNT: $3,025. 00 NO. OF COPIES RECEIVED: 21
TYPE OF APPLICATION: 1 STEP: 2 STEP: V
P&Z Meeting Date5.1"\`g PUBLIC HEARING: � NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
vr Aspen Water V Fire Marshall State Hwy Dept(GJ)
✓ City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
✓ Aspen Consol. Energy Center
S.D.
DATE REFERRED: L /S/ 1 INITIALS: pD/g
FINA UTING: DATE ROUTED: 1/iut/V INITIAL: (/��
C
V ity Atty VV City Engineer V Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
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ORDINANCE NO.
(SERIES OF 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING FINAL SUBDIVISION
APPROVAL, GMQS EXEMPTION FOR FOUR DEED RESTRICTED HOUSING UNITS,
AND GRANTING ONE RESIDENTIAL GMQS ALLOTMENT TO THE SPORTSTALKER
APARTMENTS THROUGH THE 1988 RESIDENTIAL GROWTH MANAGEMENT
COMPETITION
WHEREAS, pursuant to Section 8-106 of the Aspen Land Use
Code, November 1 of each year is established as the deadline for
submission of applications for Residential allotments within the
City of Aspen; and
WHEREAS, because of the administrative delay regarding
Ordinance 47 (Series of 1988) , the submission date for 1988
Residential GMQS applications was postponed until May 15, 1989 ;
and
WHEREAS, the Planning Office has calculated the Residential
quota available for 1988 as 17 units: 39 units being the annual
allocation, less 26 units built pursuant to exemptions, plus 4
units that were allocated but the right to develop has expired;
and
WHEREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on July
18 , 1989 to consider the Growth Management Quota System
competition for Residential Units, at which time the Commission
did evaluate and score the application for the Sportstalker
Apartments; and
WHEREAS,, review of the GMQS application was consolidated
with subdivision review, conditional use review, special—reviews
for off-street parking and for reduction in dimensions of the
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trash area; and
WHEREAS, Commission found that the project successfully met
the minimum required threshold of 33 . 6 points by having received
35. 5 points ; and
WHEREAS, the Commission considered the representations and
commitments made by the applicant in scoring the Sportstalker
Apartments and recommends to City Council subdivision approval
and GMQS Exemption for four deed restricted, low and moderate
income housing units for employees of the Sportstalker with the
following conditions:
1. The applicant shall coordinate reconstruction of the
curb cut along Hopkins Street with the Engineering
Department to insure City design standards are met.
2 . A final plat meeting the requirements of Sec. 7-1004
D. 2 shall be submitted for review by the Planning
Office, Engineering Department and City Attorney prior
to final subdivision review by City Council.
3 . The applicant shall install a bike rack along the
project frontage on Galena Street. The bike rack may
be the same one as shown on Hopkins Street on the
Applicant's site plan or may be in addition to that
proposed by the applicant.
4 . The four affordable housing units shall be deed
restricted to the Affordable Housing guidelines adopted
at the time of issuance of a building permit for the
project. Two of the two bedroom units shall be limited
to moderate income rental and occupancy and contain 840
and 720 square feet respectively. One two bedroom unit
of 688 sq. ft. and a one bedroom unit, which shall be
increased in size from 480 to 500 sq. ft. , shall be
limited to low income rental and occupancy.
5 . A copy of the plans of the affordable housing units
shall be supplied to the Housing Office, with an exact
calculation of the "net livable square footage" of each
of the apartments. j2 _
. Persons employed by the Sportstalker shall be given
first priority to rent the four affordable housing
units. If there are no persons employed by the
business who are qualified or available to rent, the
units shall be made available to all qualified
employees of the community through the Housing
Authority.
7 . The applicant shall provide seven spaces whose
dimensions are satisfactory to the Engineering
Department.
8 . There shall not be any food service operation located
on the property without a re-evaluation of the special
review approval granted to reduce the size of the trash
area.
9 . The applicant shall install a trash compactor for boxes
and similar materials prior to the occupancy of any of
the residential units on the property.
( 0) The applicant shall obtain a growth management
allotment from the Council prior to obtaining final
subdivision or GMQS approval for the project. In order
to obtain the allotment, all material representations
and commitments of the project shall become conditions
of its approval.
WHEREAS, the Aspen City Council having considered the
Commission' s recommendations for subdivision approval and GMQS
Exemption; and
WHEREAS, the Aspen City Council having considered the
Commission' s scoring for the Sportstalker Apartments project does
wish to grant the requested one residential allotment,
subdivision approval and GMQS Exemption for four deed restricted
residential units.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section l:
That does hereby grant one Residential 1988 GMQS
allocation to the Sportstalker Apartments, Lots A, B, and C of
Block 94 , City of Aspen.
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Section 2:
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That does hereby grant subdivision approval, with the
previously mentioned conditions recommended by the Aspen Planning
and Zoning Commission, for Lots A, B, and C of Block 94, City of
Aspen.
Section 3\\..i ,
That does hereby grant GMQS Exemption for four units,
deed restricted to Affordable Housing guidelines adopted at the
time of issuance of a building permit for the project. Two, of the
two bedroom units shall be limited to moderate income rental and
occupancy and contain 840 and 720 square feet respectively. One
two bedroom unit of 688 sq. ft. and a one bedroom unit, which
shall be increased in size from 480 to 500 sq. ft. , shall be
limited to low income rental and occupancy on-site, deed
restricted to the low-income guidelines of the Housing Authority.
Section 4:
That pursuant to Chapter 24 , Section 8-108 of the Municipal
Code, this allocation shall expire on the day after the third
anniversary of the date of approval of a site specific
development plan unless a building permit is obtained and the
project is developed, or unless an exemption from or extension of
the approval is obtained.
Section 5:
That the City Clerk be and hereby 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.
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Section 6:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 7:
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 8:
A public hearing on the Ordinance shall be held on the
day of , 1989 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 one 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
, 1989 .
William L. Stirling, Mayor
ATTEST:
Kathryn s. Koch, City Clerk
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FINALLY, adopted, passed and approved this day of
, 1989.
William L, . Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
11/cc. sport.ord
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v -
Fred Gannett, Amy M. gerum,
City Attorney Plann g Direc ar
t
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
' , RECOMMENDING THAT THE CITY COUNCIL OF ASPEN
ALLOCATE THE 1988 RESIDENTIAL GMQS ALLOTMENT TO THE
GREYSTONES AND THE SPORTSTALKER APARTMENTS
Resolution No. 89- 17
WHEREAS, pursuant to Section 8-106 of the Aspen Land Use
Code, November 1 of each year is established as the deadline for
submission of applications for Residential allotments within the
City of Aspen; and
WHEREAS, because of the administrative delay regarding
Ordinance 47 (Series of 1988) , the submission date for 1988
Residential GMQS applications was postponed until May 15, 1989 ;
7;:
and
WHEREAS, the Planning Office has calculated the Residential
GMQS quota available for 1988 as 17 units: 39 units being the
annual allocation, less 26 units built pursuant to exemptions,
plus 4 units that were allocated but the right to develop has
expired; and
WHEREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on July
18 , 1989 to consider the Growth Management Quota System
competition for Residential Units, at which time the Commission
did evaluate and score the only two applications that were
received: the Cooper Avenue Greystones and the Sportstalker
Apartments; and
WHEREAS, the Commission found that the projects successfully
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met the minimum required threshold of 33 . 6 points, the Greystones
receiving 34 points and the Sportstalker receiving 35. 5 points;
and
WHEREAS, review of the GMQS application for the Greystones
was consolidated with subdivision review, and review of the
method by which the applicant proposes to provide affordable
housing; and
WHEREAS, review of the GMQS application for the Sportstalker
Apartment was consolidated with subdivision review, GMQS
Exemption for on-site affordable housing, conditional use review,
special reviews for parking and trash area reduction; and
WHEREAS, the Commission recommended the adoption of the
Planning Office' s scoring subject to the following conditions:
Cooper Avenue Greystones
1. Prior to the issuance of a building permit, the
applicant shall reduce the size of the fence, along the
front of the property, to 4 feet at the center and 4 ' 3"
at the western end and 3 ' 9" at the eastern end - thus
the fence will remain level. Transparent features,
such as wrought iron work on the top, may be
incorporated into the fence design, however, revised
fence plans shall be reviewed by the Planning
Department.
2 . Prior to the issuance of a building permit, the
applicant shall make a one time payment-in-lieu indexed
to the current affordable housing guidelines in affect
at the time of payment.
3 . Prior to the issuance of a building permit, the
applicant shall file a deed restriction for a low-
income studio unit on-site. The unit shall be deed
restricted to low-income and rented pursuant to the
Housing Authority Guidelines.
4 . The applicant shall submit a final plat meeting the
requirements of Section 7-1004 D(2) for review by the
Planning Office, Engineering Department and City
Attorney prior to final subdivision review by City
Council .
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5. The applicant shall advise and submit plans for hook up
to the Aspen Water Department before connecting to the
steel line.
6 . All required survey monuments shall be supplied by the
applicant ' s survey company.
7 . A complete storm drainage report shall be reviewed and
approved by the Engineering Department before issuance
of a building permit.
8 . The applicant shall submit dry well plans to the
Sanitation District before issuance of a building
permit.
Sportstalker Apartments
1 . The applicant shall coordinate reconstruction of the
curb cut along Hopkins Street with the Engineering
Department to insure City design standards are met.
2 . A final plat meeting the requirements of Sec. 7-1004
D. 2 shall be submitted for review by the Planning
Office, Engineering Department and City Attorney prior
to final subdivision review by City Council .
3 . The applicant shall install a bike rack along the
project frontage on Galena Street. The bike rack may
be the same one as shown on Hopkins Street on the
Applicant ' s site plan or may be in addition to that
proposed by the applicant.
4 . The four affordable housing units shall be deed
restricted to the Affordable Housing guidelines adopted
at the time of issuance of a building permit for the
project. Two of the two bedroom units shall be limited
to moderate income rental and occupancy and contain 840
and 720 square feet respectively. One two bedroom unit
of 688 sq. ft. and a one bedroom unit, which shall be
increased in size from 480 to 500 sq. ft. , shall be
limited to low income rental and occupancy.
5 . A copy of the plans of the affordable housing units
shall be supplied to the Housing Office, with an exact
calculation of the "net livable square footage" of each
of the apartments.
6 . Persons employed by the Sportstalker or Aspen Sports
shall be given first priority to rent the four
affordable housing units. If there are no persons
employed by the business who are qualified or available
to rent, the units shall be made available to all
qualified employees of the community through the
Housing Authority.
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7 . The applicant shall provide seven spaces whose
dimensions are satisfactory to the Engineering
Department.
8 . There shall not be any food service operation located
on the property without a re-evaluation of the special
review approval granted to reduce the size of the trash
area.
9 . The applicant shall install a trash compactor for boxes
and similar materials prior to the occupancy of any of
the residential units on the property.
10 . The applicant shall obtain a growth management
allotment from the Council prior to obtaining final
subdivision or GMQS approval for the project. In order
to obtain the allotment, all material representations
and commitments of the project shall become conditions
of its approval .
NOW, THEREFORE, BE IT RESOLVED by the Commission that it
does hereby forward its scores of 34 points for the Greystones
and 35 . 5 for the Sportstalker Apartments, with the above
conditions to the Aspen City Council .
BE IT FURTHER RESOLVED by the Commission that it recommends
to the Aspen City Council subdivision approval and GMQS Exemption
for the Sportstalker Apartments.
BE IT FINALLY RESOLVED by the Commission that it recommends
to the Aspen City Council subdivision approval, GMQS Exemption,
and acceptance of cash-in-lieu for the Cooper Avenue Greystones.
APPROVED by the Commission at their regular meeting on
November 21, 1989 .
ATTEST: ASPEN PLA NG /AND
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ZON G O I N
Jan C ney, Deputy C Clerk C. �rton And rs.n Chairman
Y. P Y Y L
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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MEMORANDUM
TO: Aspen City Council e 0////
THRU: Bill Efting, Acting City Manager
FROM: Leslie Lamont and Amy Margerum, Planning
RE: Sportstalker Apartments GMP Allocation and Subdivision,
Second Reading, Ordinance 75
DATE: December 18, 1989
SUMMARY: Staff recommends approval, on second reading, of
Ordinance 75 allocating one Residential 1988 GMP allotment to the
Sportstalker Apartments and recommending subdivision approval and
GMQS Exemption for four deed restricted units.
Following this Ordinance and memo is P&Z ' s Resolution forwarding
the GMP scores to Council and Council 's Resolution 53 allocating
the development rights.
Staff has consolidated the various reviews for this application
and the conditions of approval into one ordinance. Please see
attached Ordinance.
COUNCIL GOALS: This Ordinance is consistent with Goal #14 .
BACKGROUND: July 18, 1989 the Planning and Zoning Commission
reviewed
and scored the residential GMP application for the
Sportstalker Apartments. The Commission also recommended
subdivision approval and GMQS Exemption for four deed restricted
units.
Council must review the Commission's recommendations regarding
subdivision and GMQS Exemption.
PROBLEM DISCUSSION:
The applicant requests one growth management allotment to build a
free market unit on the second floor of the Sportstalker. This
represents in increase in floor area and the addition of an
accessory use on the site.
Additionally, the applicant proposes to build 4 deed restricted
units on site. Pursuant to Section 8-104 C. , the provision of
affordable housing units on-site requires a GMQS Exemption from
Council . The four units shall be deed restricted to the Housing
Authority Guidelines. Two of the two bedroom units shall be
limited to moderate income rental and occupancy and contain 840
and 720 sq. ft. respectively. One two bedroom unit of 688 sq.
ft. and a one bedroom unit, which shall be increased in size from
480 to 500 sq. ft. , shall be limited to low income rental and
occupancy.
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Please see attached memo to the Commission, July 14 , 1989, for
subdivision review and review of GMQS Exemption.
PLANNING AND ZONING COMMISSION VOTE: 4 FOR 0 AGAINST
RECOMMENDATION: Staff recommends an allocation of one
residential 1988 allotment, subdivision approval, and GMQS
Exemption, with conditions of approval as outlined in the
Ordinance.
PROPOSED MOTION: I move to approve Ordinance 75 (Series 1989) on
second reading.
CITY MANAGER COMMENTS:
Attachments:
Council Ordinance
11/sport.cc.gmp
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MEMORANDUM
TO: Aspen City Council
THRU: Robert S. A3�rson, Jr. , City Manager��
FROM: Leslie a t and Amy Margerum, Planning
RE: Sportstalker Apartments GMP Allocation and Subdivision
DATE: November 27, 1989
SUMMARY: Staff recommends approval, on first reading, of
Ordinance 7, allocating one Residential 1988 GMP allotment to
the Sportstalker Apartments and recommending subdivision approval
and GMQS Exemption for four deed restricted units.
Staff has consolidated the various reviews for this application
and the conditions of approval into one ordinance. Please see
attached Ordinance.
Attached is the resolution, from the Commission, forwarding the
residential GMP scores to Council for allocation of the units.
COUNCIL GOALS: This Ordinance is consistent with Goal #14 .
BACKGROUND: July 18 , 1989 the Planning and Zoning Commission
reviewed and scored the residential GMP application for the
Sportstalker Apartments. The Commission also recommended
subdivision approval and GMQS Exemption for four deed restricted
units.
Council must review the Commission' s recommendations regarding
subdivision and GMQS Exemption.
PROBLEM DISCUSSION:
The applicant requests one growth management allotment to build a
free market unit on the second floor of the Sportstalker. This
represents in increase in floor area and the addition of an
accessory use on the site.
Additionally, the applicant proposes to build 4 deed restricted
units on site. Pursuant to Section 8-104 C. , the provision of
affordable housing units on-site requires a GMQS Exemption from
Council. The four units shall be deed restricted to the Housing
Authority Guidelines. Two of the two bedroom units shall be
limited to moderate income rental and occupancy and contain 840
and 720 sq. ft. respectively. One two bedroom unit of 688 sq.
ft. and a one bedroom unit, which shall be increased in size from
480 to 500 sq. ft. , shall be limited to low income rental and
occupancy.
Please see attached memo to the Commission, July 14, 1989, for
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subdivision review and review of GMQS Exemption.
PLANNING AND ZONING COMMISSION VOTE: 4 FOR 0 AGAINST
RECOMMENDATION: Staff recommends an allocation of one
residential 1988 allotment, subdivision approval, and GMQS
Exemption, with conditions of approval as outlined in the
Ordinance.
PROPOSED MOTION: I move to read Ordinance No. _ I move to
approve, on first reading, Ordinance No.
CITY MANAGER COMMENTS:
Attachments:
Council ordinance
Commission Resolution
Commission memo, July 14, 1989
11/sport.cc.gmp
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alan Richman, City Planning Specialist
RE: Sportstalker Apartments
DATE: July 14 , 1989
INTRODUCTION: Barham Incorporated, long term leaseholder on the
Sportstalker Building, located on a 9 , 000 sq. ft. lot at the
corner of Galena and Hopkins (CC zone district) requests a one
unit residential growth management allotment, along with GMQS
exemption for four deed restricted, low and moderate income
housing units for employees of the Sportstalker. Attached to
this memo is our recommended residential GMQS scoring for the
project, which indicates that it exceeds the minimum competitive
threshold. If your scoring equals or exceeds our recommendation,
the project will be eligible for an allotment from Council .
In addition to scoring the project, the following additional
reviews must also be performed by the Planning Commission:
1 . Recommendation to Council for subdivision approval .
2 . Recommendation to Council for exemption of affordable
housing units from GMQS.
3 . Grant of conditional use permit to have a free market unit
be located above street level commercial uses in a building
which is not a historic landmark.
4 . Grant of special review approval to reduce off-street
parking for affordable housing units.
5. Grant of special review approval for reduction in dimensions
of trash area.
STAFF COMMENTS: An assessment of the project's compliance with
the review criteria for each of the above-listed review
procedures follows below.
1. Subdivision Approval
By definition of the Aspen Land Use Regulations, the development
of multi-family dwelling units is subject to subdivision review.
Since the property is not being divided into separate parcels of
land, most of the subdivision review standards do not apply. The
issues which apply are as follows:
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* A drainage report has been submitted demonstrating that
historic flows will be retained on-site. Increased runoff,
due to the parking lot paving, will be handled by a drywell .
* The proposed site plan shows a bike rack along Hopkins
Street, in front of an existing curb cut. We have been
informed verbally that the applicant intends to eliminate
part of this cut. This activity should be coordinated with
the Engineering Department to insure City standards are met.
* The required utility and trash service area is discussed
below, under special review for trash area reduction.
* The applicant will prepare a final plat and all necessary
specifications prior to subdivision review by City Council .
We recommend that you recommend subdivision approval to Council,
with th'e conditions listed at the end of this memo.
2 . GMQS Exemption for Affordable Housing
Sec. 8-104 C. l.c of the Aspen Land Use Regulations states that:
"The review of any request for exemption of housing. . . shall
include a determination of the City's need for such housing,
considering the proposed development ' s compliance with an adopted
housing plan, the number of dwelling units proposed and their
location, the type of dwelling units proposed, specifically
regarding the number of bedrooms in each unit, the size of the
dwelling unit, the rental/sale mix of the proposed development,
and the proposed price categories to which the dwelling units are
to be deed restricted. "
The project includes four affordable housing units; two moderate
income two bedroom units, one low income two bedroom unit and one
low income one bedroom unit. All units are to be for rental only
and are proposed to house employees of the business on the site.
According to the Housing Authority guidelines, persons employed
by the commercial business shall be given first priority to rent
an employer owned unit. However, if there are no persons
employed by the owner who are qualified or available, the units
must be made available to all qualified employees of the
community through the Housing Authority.
According to the floor plans in the application, the two bedroom
units will contain 840, 720 and 688 sq. ft. , while the one
bedroom unit will contain 480 sq. ft. The one bedroom unit
should be increased to 500 sq. ft. to meet the minimum standards
of the Housing Authority. The 688 sq. ft. unit is ideally sized
for a two bedroom low income unit, while the 720 and 840 sq. ft.
units are properly sized for two bedroom moderate income units.
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The Housing Authority and Planning Office recommend approval of
these units, since there is an existing critical need for units
of this type and income limitation. Our recommendation is
subject to the conditions listed at the end of this memo.
3 . Conditional Use Permit
The development of a free market unit above street level
commercial uses in a building which is not a historic landmark is
a conditional use in the CC zone district. Criteria for the
conditional use review and staff responses are as follows.
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the Zone District in which it
is proposed to be located.
Response: The 1973 Aspen Land Use Plan shows this property
within the "Central Area" land use category. Although the
primary purpose of this designation is for tourist commercial
activities, residential uses are recognized as appropriate,
although anticipated more for the fringe than the core of the
commercial area. The intent of the CC zone district was recently
amended to recognize the value of residential uses in this area.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
Response: There are several surrounding buildings in which
dwelling units are located above street level commercial uses and
these appear to be functioning effectively. Limited residential
uses in the downtown add life to this area and, in this case,
provide the economic means to create some affordable housing.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts , impacts on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
Response: The principal site design issues from this development
include availability of parking and trash area dimensions and
location. In terms of parking, the existing commercial use has
no required spaces, since the building precedes the recently
enacted 2 spaces per 1, 000 sq. ft. standard. Since.the existing
parking is not required, we must view this proposal as "creating"
seven spaces for the nine new bedrooms. Given the site' s central
location, the number of spaces proposed seems reasonable.
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In terms of trash, the applicant was directed to contact Tony
Vagneur of BFI to determine the size of the required trash
container. Tony requested a two yard dumpster be provided. The
site plan shows this dumpster being located on the applicant' s
property, near the parking area. While we concur with placing
the dumpster on private property, it should also be enclosed to
screen it from view and to insure it remains in place. At our
request, the applicant prepare a revised design which shows an
enclosed trash area of 11 ' by 6 ' , with access off the alley. The
Engineering Department is satisfied with this solution, provided
a trash compactor is installed for boxes and other large
materials.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
Response: The project should have manageable effects on public
facilities and services.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use.
Response: The applicant has addressed the affordable housing
impacts of the free market unit through the GMQS .
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
Response: The project appears to have addressed the other
applicable standards and requirements of the City of Aspen.
Provided the applicant presents an acceptable design for an
enclosed trash area, we recommend approval of the conditional use
permit.
4. Special Review Parking Reduction for Affordable Housing
Sec 5-301 B of the Aspen Land Use Regulations states that the
parking requirement for affordable housing units is established
by special review. Sec. 7-404 B provides the standards for this
review. The applicant is required to demonstrate that the
parking needs of residents, guests and employees of the project
have been met, taking into account potential uses of the site,
proximity to mass transit and downtown and any special transit
services provided.
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The applicant meets the requirement that there be two parking
spaces for the two free market bedrooms and proposes five
additional spaces for the seven affordable housing bedrooms.
Although there is currently parking on the site, the spaces are
privately leased and not required of the commercial use.
Therefore, this application guarantees spaces which otherwise
might be lost. The proposed ratio is only slightly below the
typical 1 space per bedroom standard and is a reasonable tradeoff
to make the affordable housing project feasible. Applying a
$15, 000 per space exaction for the two spaces is not necessary.
We recommend approval of the reduction without conditions.
5. Special Review Trash Area Reduction
Sec. 5-209 D. 6 establishes the dimensional requirements for the
utility and trash service area in the CC zone district. This
section requires an area abutting the alley of 20 feet in length,
measured parallel to the alley, with a vertical clearance of 10
feet and a minimum depth of 10 feet at ground level, in order to
serve the existing commercial development, plus an additional 5-6
feet in length for the new residential development.
Sec. 7-404 C establishes the following standards for review of
reduction in the dimensions of a utility/trash service area.
1 . There is a demonstration that given the nature of the
potential uses of the building and its total square footage,
the utility/trash service area proposed to be provided will
be adequate.
Response: According to Tony Vagneur of BFI, a single two yard
dumpster should be adequate to serve the needs of the commercial
use and the residential development. We concur that as long as a
food service operation does not occur on the property, and a
trash compactor is installed, the area shown on the site plan is
adequate for the property.
2 . Access to the utility/trash service area is adequate.
3 . Measures are provided for enclosing trash bins and making
them easily movable by trash personnel.
Response: The revised drawing submitted by the applicant
provides for a covered, enclosed trash area of 11 ' by 6 ' , with
access off the alley. The Engineering Department approves of
both the access arrangements and the proposed enclosure.
4 . When appropriate, provisions for trash compaction are
provided by the proposed development and measures are taken
to encourage trash compaction by other developments on the
block.
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Response: The Engineering Department recommends that a trash
compactor be installed for boxes and similar large materials.
Otherwise, they feel the reduced size of the trash area will not
be sufficient over time.
5. The area for public utility placement and maintenance is
adequate and safe for the placement of utilities.
The revised drawing submitted by the applicant shows an area for
both meters and transformers. This area appears adequate for the
needs of the development.
6. Adequate provisions are incorporated to ensure the
construction of the access area.
Response: Any requirements established by this review will
become conditions of approval to be met prior to the occupancy of
any of the residential units.
We recommend approval of the applicant's request to reduce the
size of the utility and trash service area, subject to the
conditions listed with the motions below.
RECOMMENDED MOTION: Staff recommends that P&Z approve the
following motions:
"Move to recommend that Council grant subdivision approval and
exemption from the GMQS for four affordable housing units to the
Sportstalker Apartments. "
"Move to grant conditional use approval and special use approval
to reduce the required number of parking spaces for the
affordable housing units from seven to five and to reduce the
dimensions of the utility/trash service area to that shown on the
applicant' s revised site plan. "
Conditions of these motions should be as follows:
1. The applicant shall coordinate reconstruction of the curb
cut along Hopkins Street with the Engineering Department to
insure City design standards are met.
2 . A final plat meeting the requirements of Sec. 7-1004 D. 2
shall be submitted for review by the Planning Office,
.Engineering Department and City Attorney prior to final
subdivision review by City Council .
3 . The applicant shall install a bike rack along the project
frontage on Galena Street. The bike rack may be the same
one as shown on Hopkins Street on the applicant's site plan
or may be in addition to that proposed by the applicant.
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4 . The four affordable housing units shall be deed restricted
to the Affordable Housing Guidelines adopted at the time of
issuance of a building permit for the project. Two of the
two bedroom units shall be limited to moderate income rental
and occupancy and contain 840 and 720 sq. ft. respectively.
One two bedroom unit of 688 sq, ft. and a one bedroom unit,
which shall be increased in size from 480 to 500 sq. ft. ,
shall be limited to low income rental and occupancy.
5. A copy of the plans of the affordable housing units shall be
supplied to the Housing Office, with an exact calculation of
the "net livable square footage" of each of the apartments.
6. Persons employed by the Sportstalker shall be given first
priority to rent the four affordable housing units. If
there are no persons employed by the business who are
qualified or available to rent, the units shall be made
available to all qualified employees of the community
through the Housing Authority.
7 . The applicant shall provide seven spaces designated for use
by the occupants of the Sportstalker Apartments only.
8 . There shall not be any food service operation located on the
property without a re-evaluation of the special review
approval granted to reduce the size of the trash area.
9 . The applicant shall install a trash compactor for boxes and
similar materials prior to the occupancy of any of the
residential units on the property.
10. The applicant shall obtain a growth management allotment
from the Council prior to obtaining final subdivision or
GMQS approval for the project. In order to obtain the
allotment, all material representations and commitments of
the project shall become conditions of its approval .
sportstalker
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• •
CITY OF ASPEN
PLANNING AND ZONING COMMISSION EVALUATION
RESIDENTIAL GMP COMPETITION
Project: Sportstalker Apartments Date: July 18, 1989
1. Availability of Public Facilities and Services (maximum 12
points)
Each Development Application shall be rated as follows with
respect to its impact upon public facilities and services,
by the assigning of points according to the following
standards and considerations.
0 -- Proposed development requires the provision of new
public facilities and services at increased public
expense.
1 -- Proposed development may be handled by existing public
facilities and services, or any public facility service
improvement made by the applicant benefits the proposed
development only, and not the area in general.
2 -- Proposed development improves the availability of
public facilities and services in the area.
a. WATER SERVICE (maximum 2 points) : Considering the
ability of the water supply system to serve the
proposed development as well as the applicant' s
commitment to install any potable water facility
extensions or treatment plant, or other facility
upgrading required to serve the proposed development.
RATING: 1
COMMENTS: Jim Markalunas indicates the project can be
handled by existing public facilities and services.
b. SANITARY SEWER (maximum 2 points) : Considering the
ability of the sanitary sewer system to serve the
proposed development as well as the applicant' s
commitment to install any sanitary sewer extensions or
treatment plant, or other facility upgrading required
to serve the development.
RATING: 1
1
• •
COMMENTS: Bruce Matherly and Tom Bracewell indicate the
project can be handled by existing public facilities and
services.
c. STORM DRAINAGE (maximum 2 points) : Considering the
degree to which the applicant proposes to maintain
historic drainage patterns on the development site. If
the proposed development requires use of the City's
drainage system, consideration of the commitment by the
applicant to install the necessary drainage control
facilities and to maintain the system over the long-
term shall be made.
RATING: 1
COMMENTS: The applicant commits to install a drywell of 39
cubic feet to handle increased runoff from paving the
Parking lot. This will maintain the historic runoff
pattern. No public facility improvements are required or
proposed to be installed.
d. FIRE PROTECTION (maximum 2 points) : Considering the
ability of the fire department to provide fire
protection according to its established response
standards without the necessity of upgrading available
facilities; the adequacy of available water pressure
and capacity for providing fire fighting flows; and the
commitment of the applicant to provide any fire
protection facilities which may be necessary to serve
the project.
RATING: 1
COMMENTS: The Fire Marshall believes the project is
adequately served, given its proximity to the station and
the commitment to sprinkle. No public facility improvements
are required or proposed to be installed.
e. PARKING DESIGN (maximum 2 points) : Considering the
provision of adequate off-street parking spaces to meet
the needs of the proposed development, pursuant to the
requirements of Art. 5, Div. 2 , and considering their
2
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visual impact, the amount of paved surface, and the
convenience and safety of the spaces provided.
RATING: 1
COMMENTS: The project consists of 2 free market bedrooms
and 7 affordable housing bedrooms. There is an existing
parking lot to the east of the building which will be paved
and will contain 7 spaces. The existing spaces are
privately leased, and not required of the current commercial
operation. Therefore, this application will "permanize" 7
spaces which otherwise would be lost. While this number is
less than one per bedroom, staff supports the establishment
of a 7 space requirement for the nine bedrooms.
f. ROADS (maximum 2 points) : Considering the capacity of
major roads to serve the proposed development without
substantially altering existing traffic patterns,
creating safety hazards or maintenance problems,
overloading the existing street system or causing a
need to extend the existing road network. Considering
the applicant ' s commitment to install the necessary
road system improvements to serve the increased usage
attributable to the development.
RATING: 1
COMMENTS: The effect of this protect on existing streets
should be minimal. The proposed development can be handled
by existing roads and no public improvements are proposed.
2 . Quality of Design (maximum 12 points)
Each Development Application shall be rated based upon its
site design and amenities by the assigning of points for
neighborhood compatibility, site design, trails, and green
space , according to the following standards and
considerations.
0 -- A totally deficient design
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1 -- A major design flaw
2 -- An acceptable (but standard) design
3 -- An excellent design
a. NEIGHBORHOOD COMPATIBILITY (maximum 3 points) :
Considering the compatibility of the proposed
development (including its scale, siting, massing,
height and building materials) with the land uses in
the surrounding neighborhood.
RATING: 2
COMMENTS: HPC granted conceptual approval to the addition
on April 26, 1989. HPC was pleased that the proposed
building scale, height, massing and choice of materials do
not compete with surrounding Elks Building, Brand Building
and City Hall. However, the applicant was directed to
restudy several elements of the building, including the east
elevation, the roof top design (skylight and patio use) and
the choice of materials before final approval is granted.
b. SITE DESIGN (maximum 3 points) : Considering the quality
and character of the following components of the
proposed development: landscaping and open space areas;
the amount of site coverage by buildings; the extent to
which clustering of development is used to preserve key
features of the site; the amenities provided for
residents such as bike racks, recreation facilities,
bus shelters and similar improvements; the extent of
underground utilities ; and the arrangement of
improvements for efficient circulation, including
access for service, increased safety and privacy, and
provision of snow storage areas.
RATING: 1 . 5
COMMENTS: Given the existing development on the site, the
applicant has made efforts to improve the site design, by
incorporating a small (100 sq. ft. ) landscaped area on the
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northeast corner of the lot. There is very little detail
provided on the quality or character of this area. A roof
patio is to be provided for all residents, which again is
not shown with great detail and which may be unacceptable to
HPC. The bike rack along Hopkins Street is not in the best
location for store patrons and may be better placed along
Galena Street. The lack of an adequate trash and utility
area is a significant design flaw for this project.
c. TRAILS (maximum 3 points) : Considering the provision of
pedestrian and bicycle ways and the provision of links
to existing parks and trail systems, whenever feasible.
RATING: 2
COMMENTS: The subject site is already well served by
sidewalks. No potential off-site trail corrections or
improvements were identified by the applicant.
d. GREEN SPACE (maximum 3 points) : Considering the amount
of vegetated open space in the proposed development
which is usable by the residents of the proposed
development, and offers relief from the densities of
surrounding development.
RATING: 1
COMMENTS: Although the applicant is providing a minor (100
sq. ft. ) addition to the site's green space, the site
remains well below standards. While we agree with the
choice to provide parking instead of open space, we must
nonetheless rate this criterion as a design flaw for lack of
green space.
3 . Resource Conservation Techniques (maximum 6 points)
Each Development Application shall be rated based on the
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resource conservation techniques for energy, water and
wastewater, and air, by the assigning of points according to
the following standards and considerations.
0 -- Proposed development fails to meet the standards of the
Municipal Code or does not result in a net conservation
of resources
1 -- Proposed development meets the standards of the
Municipal Code or results in a standard level of
resource conservation
2 -- Proposed development exceeds the standards of the
Municipal Code or results in an exceptional level of
resource conservation
a. ENERGY (maximum 2 points) : Considering the extent to
which the proposed development will use passive and/or
active energy conservation techniques in its
construction, including but not limited to insulation,
glazing, passive solar orientation, efficient heating
and cooling systems and solar energy devices; the
extent to which the proposed development avoids wasting
energy by excluding excessive lighting and inefficient
woodburning devices; and the location of the proposed
development, relative to whether solar gain can be
expected to reasonably result in energy conservation.
RATING: 2
COMMENTS: Energy conservation features which are specified
to exceed Code are wall and roof insulation of R-30 or R-40
and "high Quality Low E windows". "State of the art"
efficient heating systems and "a sky light of the highest
possible R value" are too generic to give special credit.
b. WATER AND WASTEWATER (maximum 2 points) : Considering
the extent to which the proposed development will use
water conservation techniques such as water conserving
plumbing fixtures or wastewater reuse systems or will
conserve surface water resources through irrigation,
sprinkling, ponding and similar site enhancements, and
considering whether the applicant dedicates water
rights to the City of Aspen.
RATING: 1. 5
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COMMENTS: Low flow water consumption faucets and shower
heads are committed to. No detail is provided on the amount
of conservation to be expected or the type of system to be
installed, nor is a commitment made to install water
conserving toilets.
c. AIR (maximum 2 points) : Considering the effect of the
proposed development on the City' s air quality,
including but not limited to whether fewer or cleaner
woodburning devices than allowed by law will be
installed; whether existing dirty burning devices will
be removed or replaced by cleaner burning devices;
whether dust prevention measures are employed on the
unpaved areas; and whether any special emission control
devices are used.
RATING: 2
COMMENTS: Having no woodburning devices on-site exceeds the
standards of the Code. The applicant will continue to allow
the Environmental Health Department to maintain its air
quality monitors on the rooftop.
4 . Proximity to Support Services (maximum 6 points)
Each Development Application shall be rated based on its
proximity to public transportation and community commercial
facilities by the assigning of points according to the
following standards and considerations:
a. PUBLIC TRANSPORTATION (maximum 3 points) :
1 -- Proposed development is located further than six
(6) blocks walking distance from an existing bus
route
2 -- Proposed development is located within six (6)
blocks walking distance of an existing bus route
3 -- Proposed development is located within two (2)
City blocks walking distance of an existing bus
route
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RATING: 3
b. COMMUNITY COMMERCIAL FACILITIES (maximum 3 points) :
1 -- Proposed development is located further than six
(6) blocks walking distance from the commercial
facilities in the City.
2 -- Proposed development is located within six (6)
blocks walking distance of the commercial
facilities in the City.
3 -- Proposed development is located within two (2)
blocks walking distance of commercial facilities
in the City.
RATING: 3
For purposes of this section, one block shall be
equivalent to two hundred fifty (250) feet in linear
distance. The Planning Agency office shall make
available a map depicting the commercial facilities in
the City to permit the evaluation of the distance of
the project from these areas.
5 . PROVISION FOR AFFORDABLE HOUSING (maximum 20 points)
Each Development Application shall be assigned points for
the provision of affordable housing which complies with the
housing size, type, income and occupancy guidelines of the
City, and with the provisions of Sec. 8-109 .
ASSIGNMENT OF POINTS: Points shall be assigned as follows:
i) One (1) point shall be assigned for every five (5%)
percent of the proposed development that is restricted
to use by occupants meeting the low income price
guidelines and low income occupancy limitations;
ii) One (1) point shall be assigned for every ten (10%)
percent of the proposed development that is restricted
to use by occupants meeting the moderate income price
guidelines, and moderate income occupancy limitations;
iii) One (1) point shall be assigned for every twenty (20%)
percent of the proposed development that is restricted
to use by occupants meeting the middle income price
guidelines and middle income occupancy limitations.
In order to determine what percent of the proposed
development is restricted to affordable housing, the
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Commission shall compare the number of persons to be
housed by the proposed development with the number or
persons to be provided with low, moderate and middle
income housing using the following criteria:
Studio: 1. 25 residents;
One-bedroom: 1. 75 residents;
Two-bedroom: 2 . 25 residents;
Three-bedroom or larger: 3 . 00 residents;
Dormitory: 1. 00 residents per 150 square feet of
space
For the purposes of this section, the proposed
development shall be considered to include the number
of persons in the free market units plus those in the
employee units, regardless of whether employee housing
is provided on-site, off-site or via cash-in-lieu of
housing.
a. Low Income Housing Provided (One (1) point for each
five (5) percent housed.
RATING: 7 . 4
COMMENTS: 37% of the project is low income housing.
b. Moderate Income Housing provided (One point for each
ten (10%) percent housed.
RATING: 4 . 1
COMMENTS: Almost 42% of the project is moderate income
housing.
c. Middle Income Housing Provided (One point for each
twenty (20%) percent housed.
RATING: 0
COMMENTS:
SUBTOTAL:
6 . BONUS POINTS (maximum 5 points) RATING: 0
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SCORING CATEGORIES MINIMUM THRESHOLD POINTS
1. PUBLIC FACILITIES 4.8 6
2. QUALITY OF DESIGN 4.8 6.5
3. RESOURCE CONSERVATION TECHNIQUES 2.4 5.5
4. PROXIMITY OF SUPPORT SERVICES 2.4 6
5. PROVISION OF LOW, MODERATE OR 7 11.5
MIDDLE INCOME HOUSING
5. BONUS POINTS: 0
TOTAL POINTS: 33.6 35.5
Name of P&Z Commission Member: Planning Office
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MEMORANDUM
TO: Alan Richman, Planning Office 2//NN,,
FROM: Jim Gibbard, Engineering Department (4
DATE: July 7, 1989
RE: Sportstalker Apartments Subdivision/Residential GMQS
Having reviewed the above application and made a site visit, the.
Engineering Department recommends the following scoring:
1. Availability of public facilities and services- recommended
scoring: 4 points
(a) Water- recommended scoring: 1 point
The proposed development may be handled by existing public
facilities and no improvements have been proposed. Public
facilities in this area could be improved if the recommendation
by Jim Markalunas to relocate a fire hydrant from Hopkins and
Hunter to Hunter and Main could be followed.
(b) Sanitary Sewer- recommended scoring: 1 point
The proposed development may be handled by existing public
facilities and no improvements have been proposed.
(c) Storm Drainage- recommended scoring: 1 point
The proposed development may be handled by existing public
facilities and the improvements that have been proposed benefit
the proposed development only.
(e) Parking design- recommended scoring: 0 points
The seven off-street parking spaces that have been proposed do
not meet the code requirement of one space per each proposed
bedroom and therefore would create an impact on the availability
of spaces in the public-right-of-way.
(f) Roads- recommended scoring: 1 point
The proposed development may be handled by existing public
facilities and no improvements have been proposed.
2 . Quality of design- recommended scoring: 2 points
(b) Site design- recommended scoring: 2 points
An acceptable design.
0 0
(c) Trails- recommended scoring: 0 points
To receive any points in this area, it is suggested that the
applicant offer funding for a City trails project.
4 . Proximity to support services- recommended scoring: 6 points
(a) Public transportation- recommended scoring: 3 points
The proposed development is within 2 City blocks walking distance
of an existing bus route.
(b) Community commercial facilities- recommended scoring: 3
points
The proposed development is located within 2 blocks walking
distance of commercial facilities in the City.
Total recommendation: 12 points
jg/sport
cc: Chuck Roth
• 0
MEMORANDUM
TO: Alan Richman, Planning Office
FROM: Jim Gibbard, Engineering Department
DATE: July 12 , 1989
RE: Sportstalker Apartments Subdivision/Residential GMQS
Addendum
The Engineering Department would like to amend the scoring
recommendation on site design from 2 points to 1 point. This is
not an acceptable design in terms of providing an adequate trash
and utility area according to the requirements in Municipal Code
in Section 24 Article 5-209 D. 6.
jg/sportl
cc: Chuck Roth
MEMORANDUM
TO: Allan Richman, Planning Office
FROM: Jim Gibbard, Engineering Department
DATE: July 13 , 1989
RE: Sportstalker Apartments Subdivision/Residential GMQS 2nd
Addendum
The Engineering Department has received the applicant's amended
site design showing the trash enclosure. This space is still not
adequate according to the Code requirements but if the applicant
were to propose either a trash compactor or box compactor to be
located in this area, we would recommend a higher scoring.
jg/sport2
cc: Chuck Roth
Aspen Consolidated Sanitation Distlrict
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601 Tele. (303) 925-2537
rti r_, I
June 3, 1989 j t
Debbie Skehan
Planning Office j C. JUL 5
130 S. Galena
Aspen, CO 81611
Re : Sportstalker Apartments GMQS
Subdivision/ Residential
Dear Debbie :
We have commented as to our ability to provide service for this
project. Our initial comments remain accurate.
If the individual five apartment units were under separate
ownership then we would require individual service lines for each
unit . Under the circumstances, if a protective covenant were
adopted by the collective owners and copied for our business
office records, we would allow a single oversized service line to
be installed. We could then collectively bill the apartments as
we would a condo association.
The applicant will need to take out a tap permit through our
business office which will estimate the total connection costs•
and protect the applicant from rate increases for ninety days.
Prior to the actual connection for service we will need to do a
final fixture count. Prior to the actual connection to our
system, all of the associated paperwork must be completed and the
connection fees must be paid.
Sincerely,
Bruce Matherly
District Manager
cc: Mr. Glenn Horn
MEMORANDUM r
TO: Planning Office
FROM: Janet Raczak, Housing JUL 14
RE: Sportstalker Apartments - GMQS
DATE: July 5, 1989
REQUEST: The applicant, Barham Incorporated, is requesting a
Residential Growth Management Quota System allotment for one 2-
bedroom residential unit, and a residential GMQS exemption for
construction of four deed restricted affordable housing units. The
project is to be located on the second floor of the Sportstalker
Building, at Galena and Hopkins.
REVIEW: The project is to consist of one free market 2 bedroom
apartment, two moderate income 2 bedroom units, one low income 2
bedroom unit, and one low income 1 bedroom unit.
Unit Type People/Unit Total People
1 Free Market 2BR 2 . 25 2 . 25
2 Moderate 2 BR 2 . 25 4 . 50
1 Low 2 BR 2 . 25 2 . 25
1 Low 1 BR 1. 75 1.75
Total People Housed: 10. 75
Of the 10. 75 people housed, approximately 78% of these will be
housed in deed restricted affordable housing, of which 37% is
restricted to low, and 41% restricted to moderate income use and
occupancy guidelines.
37/5 = 7 . 4 x 1 point = 7.4 points (one point for every five
percent housed in low
income units)
41/10 = 4 . 1 x 1 point = 4 . 1 points (one point for every ten
percent housed in moderate
income units)
All of the affordable housing units are proposed for rental only.
RECOMMENDATION: Staff recommends that the Housing Authority Board
recommend approval of this application subject to the following
conditions:
1. The affordable housing units are deed restricted according to
the Affordable Housing Guidelines adopted at the time of
issuance of the Building Permit. An Deed Restriction which
• •
would meet the approval of the Housing Authority is attached
which specifies the restrictions required on the affordable
housing units.
2 . A copy of the plans for the Affordable Housing Units shall be
supplied to Housing Office with an exact calculation of the
"net livable square footage" of each of the apartments.
3 . The deed restriction should state that the affordable housing
units are rental units only.
SPORT.LUA
• • / ,0:4"--
MEMORANDUM
TO -- City Engineer
Housing Director
Aspen Water Department
Electric Department
Aspen Consolidated Sanitation District
Fire Marshall
/
O i Debbie Skehan, Planning Office
RE: 1989 Residential GMQS Competition:
1. SportStalker Apartments Subdivision/Residential
GMQS, Alan Richman
2. Cooper Avenue Greystones GMQS/Subdivision, Leslie
Lamont
DATE: June 5, 1989
Attached for your review and comments are the two application for
Residential GMQS allotments in 1989.
Please review this material and return your comments no later
than July 5th. Thank you.
al Int
• •
RECZBEED
April 13 , 1989 MAY 8 1989
City Eng neer
Elyse Elliot
Project Engineer
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Dear Elyse,
I have been contacted by Glenn Horn regarding the trash area
requirements for the proposed addition to the Sportstalker building
located at 204 S. Galena. I understand Barham Inc. is proposing
to construct one 2-bedroom free market apartment, three 2-bedroom
employee restricted apartments and one 1-bedroom employee
restricted apartment on a new second floor of the building.
If their are daily pick-ups, a two yard trash container will be
required to adequately serve the proposed apartments and existing
retail space in the building. Three feet of space should be
provided on each end of the dumpster and two feet on the front and
back to make it easy to remove the dumpster from the trash area.
Please give me a call if you have any questions.
_Sincer 1
TToopy a eur
BAI Di ict Manager .
41389 .EE
• i
• •
Glenn Horn
Planning Consultant r r
; ) f
!111 MAY22 ,
May 22 , 1989
Alan Richman
Aspen/Pitkin Planning Office
130 S . Galena Street
Aspen, Colorado 81611
RE: Sportstalker Apartments : Technical Clarifications
Dear Alan,
Thank you for informing me of the technical clarifications required
for the Sportstalker Apartments residential Growth Management Quota
System (GMQS) application. This letter addresses the scoring for
affordable housing and the subdivision requirements. It is an
addendum to the application.
Affordable Housing
The GMQS scoring in the application mistakenly assigns people per
bedrooms rather than people per dwelling unit. Table 2 and the
text on page 29 of the application should be amended as shown
below.
Table 2
SPORTSTALKER APARTMENTS POPULATION PROJECTION
Unit Type People /Unit Population
1 Free-market 2 Bdr. 2 .25 2 . 25
2 Moderate 2 Bdr. 2 .25 4 . 5
1 Low 2 Bdr. 2 . 25 2 . 25
1 Low 1 Bdr. 1. 75 1. 75
Total 10.75
" Table 2 shows the generation of residents based upon
the standards in Section 8-106 E. (5) . The development
is projected to house 10. 75 people. Approximately 79 per
300 East Hyman Avenue, Suite B •Aspen, Colorado 81611 •303-925-6587
• •
the standards in Section 8-106 E. (5) . The development
is projected to house 10. 75 people. Approximately 79 per
cent (8. 5 people) will be housed on-site in dwelling
units restricted to income and occupancy guidelines.
Approximately 37 per cent (4 people) of the total
population generated by the development will be housed
on-site in low income dwelling units. A total of 7 . 4
points should be awarded for on-site, low income and
occupancy dwelling units. Approximately 41 per cent (4 . 5
people) will be housed on-site in moderate income
dwelling units. A total of 4 . 1 points should be awarded
for on-site, moderate-income, dwelling units. I n
summary, the development is entitled to a score of 11. 5
points for provision of affordable housing. "
Subdivision Requirements
This section addresses the Municipal Code subdivision requirements
in further detail.
2 . Suitability of Land For Subdivision
a. Land suitability. The proposed subdivision shall not be
located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health,
safety, or welfare of the residents in the proposed sub-
division.
b. Spatial pattern efficient. The proposed subdivision shall not
be designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
The proposed development is located in downtown Aspen.
Environmental hazards affecting the suitability of land for
development do not impact the site. The proposed subdivision is
readily accessible to public facilities which are already in
existence.
3. Improvements.
a. Required improvements. The following improvements shall be
provided for the proposed subdivision.
(1) Permanent survey monuments, range points, and lot pins.
Permanent survey monuments will be located when the site
is surveyed for the final plat.
2
• •
(2) Paved streets, not exceeding the requirements for paving
and improvements of a collector street.
The parking lot will be paved. There are no streets in
the development.
(3) Curbs, gutters, and sidewalks.
The existing curb gutter and sidewalk on Galena Street
and Hopkins Avenue will not be disturbed.
(4) Paved alleys.
The paved alley on the south side of the building will
not be disturbed.
(5) Traffic-control signs, signals or devices.
Such devices are not necessary.
(6) Street lights.
There will be no street lights.
(7) Street name signs.
There are no new streets.
(8) Street trees or landscaping.
The landscaping plan is depicted in Figure 1.
(9) Water lines and fire hydrants.
The building will be connected to the existing six inch
waterline in Hopkins Avenue. There will be no new fire
hydrants installed.
(10) Sanitary sewer lines.
The building will be connected to the eight inch line on
Galena Street. According to Tom Bracewell of the Aspen
Consolidated Sanitation District the line can accommodate
the development.
(11) Storm drainage improvements and storm sewers.
The historic storm drainage pattern on the site will be
maintained. A dry-well will be placed in the parking lot
to maintain the drainage pattern.
(12) Bridges or culverts.
3
0 •
Not applicable.
(13) Electrical lines.
All electrical lines will be place underground.
(14) Telephone lines.
All telephone lines will be placed underground.
(15) Natural gas lines.
Natural gas lines will be placed underground.
(16) Cable television lines.
Cable television lines will be placed underground.
b. Approved plans. Construction shall not commence on any of
the improvements required by Sec. 7-1004 (C) (3) (a) until a
plan, profile, and specifications have been received and
approved by the City Engineer and, when appropriate, the
relevant utility company.
The required plan, profiles and specifications shall be submitted
with the final plat.
c. Oversized utilities. In the event oversized utilities are
required as a part of the improvements, arrangements for
reimbursement shall be made whereby the subdivider shall be
allowed to recover the cost of the utilities that have been
provided beyond the needs of the subdivision.
Utilities will not have to be oversized.
4 . Design standards. The following design standards shall be
required for all subdivisions.
a. Streets and related improvements. The following standards
shall apply to streets regardless of type or size, unless the
street has been improved with paving, curb, gutter and
sidewalk.
(1) Conform to plan for street extension. Streets shall
conform to approved plans for street extensions and shall
bear a logical relationship to the topography and to the
location of existing or planned streets on adjacent
properties.
Streets shall not be extended to serve the development.
4
• •
(2) Right-of-way dedication. Right-of-way shall be dedicated
for the entire width for all local, collector and
arterial streets.
The applicant is not aware of the need for the City to
acquire right-of-way in the area. If the need arises
during the review process the applicant will commit the
requested right-of-way.
(3) Right-of-way width. Street and alley right-of-way
widths, curves and grades shall meet the following
standards.
Minimum
Street Center Line Right-of- Maximum
Classifi- Curve Way Width Per Cent
cation Radius (ft. ) (ft. ) of Grade(%)
Local 100 60 10
Collector 250 80 6
Arterial 625 100 5
Alley 50 20 5
Not applicable.
(4) Half-street dedications. Half-street dedications shall
be prohibited unless they are for the purpose of
increasing the width of an inadequate existing right-of-
way.
Not applicable.
(5) Street ends at subdivision. When a street is dedicated
which ends on the subdivision or is on the perimeter of
the subdivision, the last foot of the street on the
terminal end or outside perimeter of the subdivision
shall be dedicated to the City of Aspen in fee simple and
shall be designated by using outlot(s) . The City shall
use the dedicated land for public road and access
purposes.
Not applicable.
(6) Cul-de-sacs. Cul-de-sacs shall not exceed four hundred
(400' ) feet in length and shall have a turnaround
diameter of one hundred (1008 ) feet. A Cul-de-sac of
less than two hundred (2001 ) feet in length in a single-
family detached residential area does not require a turn-
around if the City Engineer determines a "T", "Y" or
other design is adequate turnaround for the vehicles
expected to use the Cul-de-sac.
5
• •
Not applicable.
(7) Dead end streets. Dead-end streets, except for cul-de-
sacs, shall be prohibited unless they are designed to
connect with future streets on adjacent lands that have
not been platted. In cases where these type of dead end
streets are allowed, a temporary turnaround of one
hundred (1001 ) feet shall be constructed.
Not applicable.
(8) Centerline offset. Streets shall have a centerline
offset of at least one hundred twenty-five (1251 ) feet.
Not applicable.
(9) Reverse curves. Reverse curves on arterial and collec-
tors streets shall be jointed by a tangent of at least
one hundred (1000 feet in length.
Not applicable.
(10) Chancres in street grades. All changes in street grades
shall be connected by vertical curves of a minimum length
in feet equivalent to the following appropriate "R" value
multiplied by the algebraic difference in the street
grades.
Street
Classification Collector Local Arterial
"Rn value for:
Crest vertical 28 16 55
curve
Sag vertical 35 24 55
curve
Not applicable.
(11) Alleys. Alleys shall be provided in //subdivisions
where commercial and industrial development is expected,
except when other provisions are made and approved for service
access.
The alley is already in existence.
(12) intersections. Intersections shall approximate right
angles and have a minimum tangent of fifty (501 ) feet on
each leg. The subdivision design shall minimize the
6
• •
number of local streets that intersect arterial streets.
The development will intersect Hopkins Avenue at a right
angle.
(13) Intersection grade. Intersection grades shall not exceed
four (4%) per cent for a minimum distance of one hundred
(1001 ) feet on each leg. Flatter grades are desirable.
The grade will be less than 4 per cent.
(14) Curb return radii. Curb return radii for local street
intersections shall be fifteen (151 ) feet. Curb return
radii and corner setbacks for all other types of inter-
sections shall be based upon the expected types of
vehicle usage, traffic volumes and traffic patterns using
accepted engineering standards. In case of streets which
intersect at acute angles, appropriate increases in curb
return radii shall be made for the necessary turning
movements.
Not applicable.
(15) Turn by-passes and turn lanes. Right-turn by-passes or
left-turn lanes shall be required at the intersection of
arterial streets or the intersection of an arterial
street with a collector street if traffic conditions
indicate they are needed. Sufficient right-of-way shall
be dedicated to accommodate such lanes when they are
required.
Not applicable.
(16) Street names and numbers. When streets are in alignment
with existing streets, any new streets shall be named
according to the streets with which they correspond.
Streets which do not fit into an established street-
naming pattern shall be named in a manner which will not
duplicate or be confused with existing street names
within the City or its environs. Street numbers shall
be assigned by the City Building Inspector in accordance
with the City numbering system.
Not applicable.
(17) Installation of curb, gutter, sidewalks, or driveways.
No finish paving, curb, gutter, sidewalks or driveways
shall be constructed until one (1) year after the
installation of all subsurface utilities and improve-
ments.
The applicant requests permission to reconstruct the sidewalk
7
prior to one year after the installation of utilities. The
development is located in the downtown. It will be hazardous
to pedestrians not to pave the sidewalk for one year.
(18) Sidewalks. Sidewalks shall be eight (8' ) feet wide in
all Commercial Core (CC) , Commercial (C1) , Neighborhood
Commercial (NC) , and Commercial Lodge (CL) Zone Districts
and five (51 ) feet wide in all other Zone Districts where
sidewalks are required. Consideration shall be given to
existing and proposed landscaping when establishing
sidewalk locations.
The applicant will adhere to theses standards.
(19) City specifications for streets. All streets and related
improvements shall be constructed in accordance with City
specifications which are on file in the office of the
City Engineer.
The applicant will adhere to the standards.
(20) Range point monuments. Prior to paving any street,
permanent range point monuments meeting the standards of
Sec. 7-1004 (C) (4) (d) shall be installed to approximately
finished grade. Permanent range point boxes shall be
installed during or as soon as practicable after paving.
Not applicable.
(21) Street name signs. Street name signs shall conform to
the type currently in use by the City.
Not applicable.
(22) Traffic control signs. Any required traffic-control
signs, signals or devices shall conform to the °Manual
of Uniform Traffic Control Devices."
Not applicable.
(23) Street lights. Street lights shall be placed at a
maximum spacing of three hundred (300 ' ) feet. Ornamental
street lights are desirable.
Not applicable.
(24) Street tree. One (1) street tree of three-inch (3°)
caliper for deciduous trees measured at the top of the
ball or root system, or a minimum of six-foot (61 ) height
for conifers, shall be provided in a subdivision in
residential Zone Districts for each lot of seventy foot
(701 ) frontage or less, and at least two (2) such trees
8
• •
shall be provided for every lot in excess of seventy feet
(70 ' ) frontage. Corner lots shall require at least one
(1) tree for each street. Trees shall be placed so as
not to block sight distances at driveways or corners.
The City Parks and Recreation Department shall furnish
a list of acceptable trees. Trees, foliage and
landscaping shall be provided in subdivisions in all
other Zone Districts in the City in accordance with the
adopted street landscaping plan.
Not applicable.
d. Easements.
(1) Utility easements. Utility easements of ten (10' ) feet
in width on each side of all rear lot lines and five (5' )
feet in width on each side of lot lines shall be provided
where necessary. Where the rear or side lot lines abut
property outside of the subdivision on which there are
no rear or side lot line easements at least five (5 ' )
feet in width, the easements on the rear and side lot
lines in the subdivision shall be twenty (209 ) feet and
ten (10' ) feet in width, respectively.
In the event the City requests a utility easement the
applicant will dedicate it.
(2) "Tn intersections and cul-de-sacs. Easements twenty
(209 ) feet in width shall be provided in "T"
intersections and cul-de-sacs for the continuation of
utilities or drainage improvements, if necessary.
Not applicable.
(3) Potable water and sewer easements. Water and sewer
easements shall be a minimum of twenty (20' ) feet in
width.
The Water Department and Sanitation district do not need
easements.
(4) Planned utility or drainage system. Whenever a
subdivision embraces any part of a planned utility or
drainage system designated on an adopted plan, an
easement shall be provided to accommodate the plan within
the subdivision.
Not applicable.
(5) Irrigation ditch, channel, natural creek. Where an
irrigation ditch or channel, natural creek or stream
traverses a subdivision, an easement sufficient for
9
drainage and to allow for maintenance of the ditch shall
be provided.
Not applicable.
(6) Fire lanes and emergency access easements. Fire lanes
and emergency access easements twenty (20' ) feet in width
shall be provided where required by the City Fire
Marshal.
Fire lanes and emergency access easements are not needed on
the site.
(7) Planned street or transit alignment. Whenever a
subdivision embraces any part of an existing or planned
street or transit alignment designated on an adopted
plan, an easement shall be provided to accommodate the
plan within the subdivision.
Not applicable.
(8) Planned trail system. Whenever a subdivision embraces any
part of a bikeway, bridle path, cross country ski trail
or hiking trail designated on the Aspen Area
Comprehensive Plan: Parks/Recreation/Open Space/Trails
Plan Map, an easement shall be provided to accommodate
the plan within the subdivision.
There are no planned trails traversing the site.
c. Lots and blocks.
(1) General. Lots shall meet all applicable regulations of
this chapter.
Not applicable.
(2) Side lot lines. Side lot lines shall be substantially
at right angles or radial to street lines.
Not applicable.
(3) Reversed corner lots and through lots. Reversed corner
lots and through lots shall be prohibited except where
essential to provide separation from arterial streets
because of slope, or to prevent the development of
incompatible land uses.
Not applicable.
(4) Front on street. All lots shall front on a public or
private street.
10
Not applicable.
(5) state Highway 82 . No lot shall front on, nor shall any
private driveway access to State Highway 82 .
Not applicable.
(6) Block lengths. Block lengths shall normally be at least
four hundred (400' ) feet in length and not more than one
thousand four hundred (1,400' ) feet in length between
street intersections.
Not applicable.
(7) Compatibility. Block lengths and widths shall be
suitable for the uses contemplated.
Not applicable.
(8) Mid-block pedestrian walkways. In blocks over five
hundred (5001 ) feet long, mid-block pedestrian walkways
shall be provided.
Not applicable.
e. Survey monuments.
(1) Location. The external boundaries of all subdivisions,
blocks and lots shall be monumented on the ground by
reasonably permanent monuments solidly embedded in the
ground. These monuments shall be set not more than
fourteen hundred (1,4001 ) feet apart along any straight
boundary line, at all angle points, and at the beginning,
end and points of change of direction or change of radius
of any curved boundaries.
The applicant shall comply with this standard.
(2) C.R.S. 1973 38-51-101. All monuments shall be set in
accordance with the provisions of C.R.S. 1973 38-51-101,
as amended from time to time, unless otherwise provided
for in this chapter.
The applicant shall comply with this standard.
(3) Range points and boxes. Range points and boxes meeting
City specifications shall be set on the centerline of the
street right-of-way unless designated otherwise.
Not applicable.
f. Utilities.
11
•
(1) Potable waterlines and appurtenances. All potable
waterlines, fire hydrants and appurtenances shall meet
the City' s standard specifications on file in the City
Engineer' s office.
The applicant shall comply with this standard.
(2) Size of waterlines. All potable water lines shall be at
least eight (8"") inches in size unless the length of the
line is less than two hundred (200' ) feet. Where the
potable waterline is less than two hundred (200 ' ) feet
in length, its minimum size shall be six (6°) inches in
width.
The applicant shall comply with this standard.
(3) Fire hydrants. Fire hydrants shall be spaced no farther
apart than five hundred (500 ' ) feet in detached residen-
tial and duplex subdivisions. Fire hydrants shall be no
farther than three hundred fifty (350 ' ) feet apart in
multi-family residential, business, commercial, service
and industrial subdivisions.
Not applicable.
(4) Sanitary sewer. Sanitary sewer facilities shall meet the
requirements of the Aspen Consolidated Sanitation
District.
The applicant has discussed the sanitary sewer line with the
Sanitation District and will meet the standards of the
district to connect to the Galena Street line.
(5) Underground utilities. All utilities shall be placed
underground, except transformers, switching boxes,
terminal boxes, meter cabinets, pedestals, and
ventilation ducts
The applicant shall comply with this standard.
(6) Other utilities. Other utilities not specifically
mentioned shall be provided in accordance with the
standards and regulations of the applicable Utility
Department or company.
Not applicable.
(7) Utilities stubbed out. All utilities shall be stubbed
out at the property line of lots.
Not applicable.
12
• •
g. Storm drainage.
(1) Drainage plan. The drainage plan for the proposed
subdivision shall comply with the criteria in the City' s
"Urban Runoff Management Plan."
The historic drainage pattern on the site shall be maintained.
(2) Detention storage. Short-term on-site detention storage
shall be provided to maintain the historical rate of
runoff for the 100-year storm from the undeveloped site.
A dry well is proposed in the parking lot.
(3) Maintain historical drainage flow. In cases where storm
runoff from an upstream basin passes through the
subdivision, the drainage plan shall provide adequate
means for maintaining the historical drainage system.
The historic drainage pattern shall be maintained.
(4) Calculations and quantities of flow. The drainage plan
shall include calculations and quantities of flow at the
points of concentration.
The applicant has retained an engineer to calculate these
flows and will present an engineering report to the City.
h. Flood hazard areas. The following standards shall apply to
special flood hazard areas as defined in Sec. 7-504 of the
Municipal Code.
(1) The proposed subdivision design shall be consistent with
the need to minimize flood damage to public utilities and
facilities such as sewer, gas, electricity, and potable
water systems;
(2) Base flood elevation data shall be provided for any
proposed subdivision of at least fifty (50) lots or five
(5) acres, whichever is less.
Not applicable.
This letter addresses the deficiencies in the Sportstalker
13
application. Thank you for bringing these deficiencies to my
attention and allowing me to clarify the application.
Sincerely,
enn Horn AICP
52289 .AR
14
• •
Glenn Horn
Planning Consultant
JUN 23
June 21, 1989
Alan Richman
Aspen/Pitkin Planning Office
130 S . Galena Street
Aspen, Colorado 81611
Dear Alan
Attached for your information is a drainage report for the
Sportstalker Apartments. Please include this information in you
records.
Thank you.
Sincerely,
(. \ nn
Glenn Horn AICP
62189 .AR
300 East Hyman Avenue, Suite B •Aspen, Colorado 81611 •303-925-6587
SCHMUESER GAON MEYER INC.el Aw P.O. Box 2155
nye ABS� Aspen, Colorado 81612
no rani
���►� (303) 925-6727
Vint N
May 30, 1989 Vatair CONSULTING ENGINEERS&SURVEYORS/
N.VMMY
Mr. Glenn Horn
Planning Consultant
300 E. Hyman Avenue, Suite B
Aspen, CO 81611
RE: Sporstalker Apartments, Storm Drainage
Dear Glenn;
At your request, I have reviewed the proposed redevelopment
of the Sportstalker building ( Lots A, B, -and C, Block 94, City
of Aspen) with regard to storm drainage impacts.
Under Aspen Municipal Code, Section/20-17 ( f ) , all construction
is required to maintain the historic rate of runoff for a 100
year event. This project is fairly straightforward in that the
net change to the existing site with regard to storm runoff
is the paving of the existng gravel parking area. The footprint
of the structure is unchanged and can therefore be ignored
for purposes of drainage calculation.
The increase in off-site flow associated with the development
will be adequately handled with a drywell of 39 cubic feet.
The design would suggest placement on the north edge of the
parking area, we would be pleased to provide detail design
services should you or your client so desire.
Very Truly Yours,
SCHMUESER GsRDON MEYER, INC.
Jay W. Hammond, P.E.
Principal, Aspen Office
JWH: jwh/9111
1512 Grand Avenue, Suite 212 • Glenwood Springs, Colorado 81601 • (303) 945-1004
• •
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
June 5, 1989
Glenn Horn
300 East Hyman Avenue
Aspen, Colorado 81611
RE: SportStalker Apartments Subdivision/Residential GMQS
Dear Glenn,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled your application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
July 18, 1989 at a meeting to begin at 4 : 30 p.m. The Friday
before the meeting date, we will call to inform you that a copy
of the memo pertaining to your application is available at the
Planning Office.
The public hearing will require notice to adjacent landowners and
posting of a sign on the property.
If you have any questions, please call Alan Richman, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
Mr. Glenn Horn
300 E. Hyman Ave.
Aspen, Co. , 81611
RE: Sportstalker Apartments Residential GMQS
Dear Glenn,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application IS NOT complete.
In order to complete the application, you will need to provide us
with a more thorough response to the subdivision review
standards. As we discussed today, please provides a specific
response to each applicable review standard, noting which are
inapplicable to this project and which require some analysis on
your part. Providing us with a complete subdivision submission
will allow us to consolidate the ,project's review procedures,
allowing you to finish the land use application process as
expeditiously as possible. I suggest you contact the Engineering
Department to see whether a simple improvements survey or similar
document will suffice for you to proceed through this review.
I also explained to you today that there was a very minor
correction needed in your housing calculations. I would
appreciate it if you would clarify this matter as well.
We are holding off setting a date for the residential GMQS
scoring until we hear back from you and the other applicant, who
also has some technical additions to make. Please make all
efforts to complete this application on or before June 1 so that
we can initiate the referral process.
Sincerely,
Alan Richman
Planning Director
frm. incomplete.stalker
MEMORANDUM
TO: City Engineer
Housing Director
Aspen Water Department
Electric Department
Aspen Consolidated Sanitation District
Fire Marshall
FROM: Debbie Skehan, Planning Office
RE: 1989 Residential GMQS Competition:
1. SportStalker Apartments Subdivision/Residential
GMQS, Alan Richman
2. Cooper Avenue Greystones GMQS/Subdivision, Leslie
Lamont
•
DATE: June 5, 1989
Attached for your review and comments are the two application for
Residential GMQS allotments in 1989.
Please review this material and return your comments no later
than July 5th. Thank you.
, . •
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PUBLIC NOTICE
RE: SPORTSTALRER APARTMENTS RESIDENTIAL GMQS, SUBDIVISION,
CONDITIONAL USE AND SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
July 18, 1989 at a meeting to begin at 4 :30 P.M. before the Aspen
Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South
Galena Street, Aspen, CO 81611 to consider an application
submitted by Glenn Horn on behalf of his client, Barham, Inc. ,
requesting approvals for one two bedroom unit and GMQS Exemption
for 4 affordable housing units. The units will be located on a
new second level of the Sportstalker building located at 204 S.
Galena Street, Lots A, B, and C of Block 94, City of Aspen.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena St. , Aspen, CO 81611 (303) 920-5090.
s/C. Welton Anderson. Chairman
Aspen Planning and Zoning Commission
Published in The Aspen Times on June 29, 1989.
City of Aspen Account.
MEMORANDUM
TO: City Engineer
Housing Director
Aspen Water Department
Electric Department
Aspen Consolidated Sanitation District
Fire Marshall
FROM: Debbie Skehan, Planning Office.
RE: 1989 Residential GMQS Competition:
1. SportStalker Apartments Subdivision/Residential
GMQS, Alan Richman
2 . Cooper Avenue Greystones GMQS/Subdivision, Leslie
Lamont
DATE: June 5, 1989
Attached for your review and comments are the two application for
Residential GMQS allotments in 1989.
Please review this material and return your comments no later
than July 5th. Thank you.
Corner 8th&Grand (303)945-5066
P.O.Box 609
i. Glenwood Springs,CO
81602
31116ullocks March 17,1989
The City of Aspen
Building and Planning and Zoning
Aspen, Co. 81611
To Whom It May Concern:
I William G. Bullock Managing Partner of the Hopkins Street Investment Co.
located at the corner of Hopkins and Galena Street, do hereby give my
satisfactory approval for Jerald Barnett or Colorado Cable Corporation
who has secured a long term lease on our property to proceed with the
intent to build apartments on the top of our building. I understand
that there will be one free market unit and the balance of the units
will be designated for employee housing. The final building plans for
these units will have to have my satisfactory approval as our lease calls
for.
•
Sincerely Your,
`///J11�i 1 Cam4//fOf1
William G. Bi
1")
I
ill, MAY1I
rah
SENT Err':` TALKER'• INS:: , 7-2 7-8G 2: 1?FN : 31738791821-? CCITT G3;# 1
SPORISTALKER®
Posy OnicE Box 772988
STEAMBOAT SPRINGS,COLORADO 80477, (303) 879-0638
TELECOPY
PLEASE DELIVER THE FOLLOWING PAGES) TO:
COMPANY:
IELECOPIER NUMBER: (3D qa_5 - ?`
TELEPHONE NUMBER:
Ono!FROM: 1n `� i � �,.�I) Q1 I
V
COMPANY: 17,d
-fix
NUMBER OF PAGES: PC (INCLUDING THIS COVER PAGE)
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS
POSSIBLE Al' (303) 879-4536,
TELECOPIER PHONE NUMBER: (303) 979-1821
- -"ENTS:
SENT BY:STAILKER, INC . _-27-89 2:24PM : 30387 . .21 CCITT if,:F110
. . .• 5,r7 {nth `�-o1
( }21N,
LEF,sr
7J(] S LEASE , made and entered into this 3( dry of
c_E .•+'S.._r� , 39E6, between Haj•.:ins Street investment Company , a
Colorado general partnership ( referred to below as the
" Landlord " ) , and Colorado Cable Corporation, a Co: = edn
eorpc'ration ( ref(: red to below ar the "tenant " ) .
: 3 7 M S E 7 H
AF.77CLE 3
leered JrE-aFes
lht LeenflorC hcrt!-y letter tb the 'anent , end 7enent hereby
rEnte frc'-. Lenc.lcId , the ' Leered rreri ?er " described in the
Iur -_ery C'f FJeirltr! Terre Ettrc. hErEtc• C: E,:hitat A ( here:n
": ur.a.t:y cf Eusires_ 7E _r.q ' ) .
1-.i7 : C:.I 1 :
ir.f :C : - r.? 1.}.: i LE e : . ] : e '. � t. ed in the : Lr.' Ery C ! E .i ri8P •
7E rr.r
• AF7 ] CLr 311
F . . .
] • . . :C 7Ene t e ;rC'Cz +, , rt : tL,e Lanhl Ore Er. Enr 'HF : rent e :
for ce : :. yes: b.:: sr,:: the ' f ir cf the L( at , V .: C`; re ::-. _ :
E.jt - I ' CC tY:i S,u.'.: _ C : ! -. _ ,•lrrc legit . 7 :.: e rEr,: e . .
N'—!—)I r . - . . . - . . . itt fcath an The •
FcF : :.fir : C : r C.:c c.:. : r.i r : : - . : - c .' EE _'. Ci : E.n�Er r -r. .1• c _ . _
t h a t !:-• Lt : l : r L:. t ? : J i C : (Lc. i :._ .
)F,.
1 . r t.r...E ' _f._ v: : ` 4.!.c _' ] r y€. c: C _t E c C I(:,E'.'E ? ^^ - a.„ � ,y(/! .
si•ec.afaeo ar. the Summary o'- !inner : germ: , the artrUb2 Ien i:: /,: '
amount shell be increased by �we--cws algid over the
�ual rental amount due during year of the precedin , term
of the Leese (whether the initial term or a preoeding renewal
term) : The annual rental amount so established shall be the
annual rental amount payable during each year of said renewal •
tern , Err+ Each eu Z'e - t - r,cw.1 ter,r., t Itl e-44: rcnt.i
. t+.-e-r the 17t: c'. del a,
t c r,t-e4-e-t-tf-*—re . -(c r c :c 1, i•c 1 r -a: t r.t
i• .
ackneuled_ - scree that the Landlord may cherge tr - .: -cllett
' f707. the 7Entnt . enant ' s share of ';trio'' - - F and a>:pcnee: ,
) inter a2 : E utility cha. gencr' :rupe:t1 tax: S13oceticr ar,:l
insurance premium all at . rt forth in this Least
P. egreerent . SEi . • . 0 ges shall be ecte( as additional rent
unless e- - . ac provision, foz such pa men : : e set forth in the
reed p rar;phr 4c - '4rq . : •7 a ria••r 4.±0-: -
M �
' II.
AJ7 ] CLE
Utilities
• —- •.n t— -t tre l-i--F'e-p--f rr—e: 1 w e t t r , sr -
electricity , or - gnu - - : nc - - -. emoval of the
Sidewalk front • - - • b - remises , - • maintenance of
”, weas:.-era i, area--er+d-tar-betear • :
•
•
Ca
R:l
ICJ .;
tl,e team".-Wits-; • _
E . --i--b•c p•a4•4.-by-4-ea an t to t.
i•E- piPLtidE3i tf tai
bE4-1.14C94.
? With regard to all utilities , it is mutually agreed
that Landlord shell not be liable in damages or otherwise for any
interruption or failure thereof when such interruption or failure
is not out to the. nea) ioence of Landlord .
3 . 4e -,er.t further agrees that Tenant will not install any
equiirent w''..icl, will exceed Or overload the capacity of any
utility facilities , end that if any equipment installed by 7ener.t
shay ) require •e•cditione) utility facilities , they she ) ) be
il,fta ) )E: ar.f n.cinteCnet at 7tnent • E expense .
) 1 1 :1 `.
r:C :'C .` t '. 7e):EF
Mee
Ter each heart yeas* ear--e ,^int with the i' YFr4 year o4-44*
k+44-c the 7! 7. r. . f},_' . - � : t 1 ?.0 — '•
t.G the C! r.0 ' .. .
: L . Fr'p�,Gtr tart ! Gr the C F :E ' ] (°J for the
) Edit l'Fif tf 1-1.-424•; Et._ . . 1': � i }. ) f * :1` ; " it i ._
fi 7 e Cr. — . E2 . t4t4 .:� ' 7 tI.E • !
r
e‘. 7 : !.; 1?;' tt :7 e : t}.: ! _,ei : ti . . . e ' E ' CerC : B ) F•. . . r . .1' ! '
t a i.c
EE LF. EC I,F:i : r. F ' e ' • C : - r..`,tr.te : or C'.aFi -C: •er ...- ec,tE :
✓:� Ci .::t' tL • e : , E rSf sr : ,: F : E t - ,
.. "IC L '.0 C,�e :CEF , C? .'.f .'e : C :
Err . .e: , Le : . C : C= .' � :c rC f :' . .: 5 : • f * ' Vie I' :: : 5: 7 - an;. the
3a:.t k the F; : ] c: r.c tl,etl,E : Dr r :: tl,e Lar.d: C'r5
actually tales e5'iartere G.r E:.j' F: : :if : C:. for pa.iiTiz • a cptri
ars erut it i nftal )r ! ,,tF Le s'.e ) 1 be cons ids red to have d: ` e
r: that the 'CtLS :'L : lrC : - : t , text 5 ' 4711 in=lute on :∎-•
ar...:E� n! 11 . is •r
' ] -. .e - E : C . tL):E ! a:.`.:t assess-E .' : F , f.F
l :_ • t)' a! f : FF :* ll ! C _ lcv: . It CC : I . 7.i.r.5) cr5 of 1,: F te, er .
err ( r rl:.'. . r.: C e C•: t ' a . ... i
`� _ ' t : , p ^t ] Cdr L1:C p�rf cE :_ . -
a CC " C , t}.! F : rc : ;,.. . - F,! ` i : t '
' : : : _
rerta . t ` E'.- c-e ..tr r ':� _ IC Lit! : l it1 Ir,f'.:c'.CE
--"TOstAtief
I. The » ii shall insure the building against fire,
normal extended coverage perils , vandalism and malicious
mischief. Such insurance shall provide protection to the extent
of at lent * - .-
cost of the Build-ing.. In addition to the general public
lia1-ility insurance coverage rrcvidef for in Xrticle /III to be
carrirc by the Ter,ar,t fcr the benefit of the 'Tenant anal the
Lenclort, the Landlord may , et its ' own expense and for its ' own
be :-.ef:f, provide oensrel put ) ic lied flit}' inFUrtr,CE coverage fcr
the F:i?lino , * $450,000.00, contain- February 1, 1987, Landlord shall
maintain existing insurance until said date.
La r.=Rrf tie F . •
..i !': a'..tre shell be L_ 'dueC E ,
%
F =-�� ,Etailr, er,tn due on
the FC' day as the monthly r - ' , . re due . >tE prort.rt]y
as p:rtit1t follow' ' Irt by Landlord cf his • •. - • nsurence
.�. _. - • ,-&-b�41k't3.n^-, e--cop.a' "'--
3. ',trout-Lout the tern of this Lean , the ^. e' e`;t shell
Card Dr.'. maintain in effe :t ir.turer,Ct covcrire Lis trete
fi )'t:res, equSj- r-ent , furnishings anf leasehold irprove:'Entr ,
whid irsuranee shell protect against fire , normal extended
covtnpe perjls , vandalisr. , r,aliciour rischief . Guth insurance
shall provide covereoc tc the extent of at leant ninety percent
r) (9e11afthe inturehle replacement cart of the insured property.
SENT B'f:STNLKEF:, INC h -27—& a: 6PN 1 3a3a7- _1” CCITT lal:ii
Yflb'1' AMENDMENT TO SUBLEASE
•
THIS AMENDMENT TO SUBLEASE is made and entered into by and
between BARHAM, INC. , a Colorado corporation, hereinafter referred to
as "Sublessor" , and STALKER, INC. , a Delaware corporation, hereinafter
referred to as "Sublessee" .
•
WITNESSETH
WHEREAS , pursuant to an Assignment of Lease dated August 1 , 1988 ,
Sublessor is the Lessee in that certain Lease with Hopkins Street
Investment Company as landlord and Sublessor as tenant, entered into
as of the 31st day of December 1986 , and attached hereto as £�:ribit
One, for the improved real property at 202 Galena Street, Ai.pen,
Colorado , and more specifically identified as Lots A, B and C , Block
94 , City and Townsite of Aspen, Pitkin County, Colorado, hereinafter
referred to as the "Premises" ; and
WHEREAS , the parties hereto have executed that certain Sublease
as of August 1 , 1988 , and,
WHEREAS, the Sublessee and Sublessor now desire to amend that
Sublease with regard to the schedule of rental payments and the
addition of a provision concerning parking .
NOW, THEREFORE, for good and valuable nnnaideration, the receipt
of which is hereby acknowledged, Sublessee and Sublessor agree as
follows with regard to the Sublease dated August 1 , 1988 :
1 . Paragraph C, Section 2 .Rent is deleted in its entirety and
the following inserted in lieu thereof :
"C . In addition to the minimum rent for each Lease Year
during the period of January 1 , 1988 through December 31 , 1991 ,
Sublessee shall pay to Sublessor the amount whereby 7% of the total
adjusted gross receipts for the Lease Year just concluded exceeds the
minimum rent paid for the same period. Any such percentage amounts
due shall be payable no later than thirty ( 30 ) days following the
period end. "
Paragraph D, Section 2 .Rent is deleted in its entirety and
the following inserted in lieu thereof:
"D. For the renewal period beginning January, 1992 , and for
each year during any renewal periods thereafter, the minimum annual
rental shall not exceed fifty percent ( 50%) of the difference between
the market value of the Lease and the per square foot rate in
existence at the conclusion of the initial Lease Term on December 31 ,
1991 . Any such renewal rates determined pursuant to this Paragraph
shall be effective only as long as Benjamin J. Hambleton is the chief
SENT B'Y:STRLKER, INC : 3-27-89 2: 19PM : 3O36791821 CCITT G3:44 4
•
C.• c
ASSIGNMENT OF LEASE
THIS ASSIGNMENT, made effective the let day of August, 1988, is
by and between COLORADO CABLE CORPORATION, a Colorado corporation
("Assignor"), and BARHAM, INC., a Colorado corporation ("Assignee")
("Assignee=')
RECITALS
A. On December 31, Y986, Assignor, aa Tenant, and Hopkins Street
Investment Company, as Landlord, entered into a Lease for the improved
real property at 202 Galena Street, Aspen, Colorado, and more
specifically identified as Lots A, B and C, Block 94, City and Townsite of
Aspen, Pitkin County, Colorado (the "Lease").
B. Assignor desires to assign its interest in the Lease to
Assignee.
ASBICIQUEEt
For good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
1. Assignor hereby assigns, transfers and conveys unto Assignee
all of its right, title and interest in and to the Lease including, but not
limited to, any and all monies paid as deposits thereunder, to have and
to hold the same for and during the remainder of the term of the Lease,
and all renewals and extensions of such term. Assignor represents and
warrants that it is the owner of the entire right, title and interest of
the Tenant under the Lease.
2. Assignee hereby assumes all obligations of Assignor under the
Lease and agrees to pay all rent, additional rent, and other payments
required under the Lease and to perform faithfully all covenants and
obligations of Tenant under the Lease.
3. This Assignment shall be binding upon the successors, heirs
and assigns of the parties hereto. The parties shall execute and deliver
such further and additional instruments, agreements and documents as
may be necessary to evidence or carry out the provisions of this
Assignment.
4. This Assignment does not release Assignor from or relieve
Assignor of its obligations under the Lease and Assignor shall continue
to be primarily liable for the performance of all obligations of the
Tenant under the Lease.
•
SENT BY:STPLKER, INC . 3-27-89 2: 18PM ; 3038791821-1 CCITT G3;14 3
•
executive officer of the Company, and at such time as Mr. Hambleton is
no longer in such a position, the provisions of this Paragraph shall
be void and all future rent rates shall be negotiated at market value.
( a) In addition to the minimum rent required by this
Paragraph D , Sublessee shall pay to Sublessor the amount whereby 7% of
the total adjusted gross receipts for the Lease Period exceeds the
annualized minimum rent.
Paragraph E, Section 2 .Rent is deleted in its entirety and
the following inserted in lieu thereof :
"E . All payments shall be made to Sublessor at P.O. Box
772968 , Steamboat Springs , .CO 80477 , or at such other place as the
Landlord may notify the Sublessee in writing from time to time . "
2 . The following paragraph is added:
"8 . PARKING. All parking spaces available to the building
are the property of Landlord and may be apportioned at the sole
discretion of the Landlord . "
With the exception of the foregoing , all of the other terms and
conditions of the Sublease shall remain in full force and effect .
IN WITNESS WHEREOF , the parti hereto ,have caused this Sublease
to be executed on theo7t day of .t'.rwAs-✓ • 19 f(
BARHAM, INC.
( a Colorado oorporatio
By:
ATTEST: Wit•--- _
ATTEST: a4, "� Be jamin / Hambleton
/ President
STALKER, IN .
( a Delawili corporation)
By; , //
ATTEST: )LA. aj/L Ge• ge W. , -y.r
Secretary Presiden
SENT BY:STALKER/ INC ;' 3-27-89 2:20PM ; 3038791821# CCITT 63;# S
IN WITNESS WIEREOF, the u erdg ed have executed this
Assignment of law this /ad day of , 19 riir
ASSIGNOR: COLORADO CABLE CORPORATION,
a Colorado corporation
By:
Jerald M. Barnett, President
ASSIGNEE: BARBAM, INC., a Colorado
corporation 's
By: ! 9 act
Benjamin J. Bambleton, President
•
SENT BY:STRLKER, INC . - -27-89 2:20F'M 303875__,21-4 CCITT 63:# 6
SUELK SE
THIS SUBLEASE is made and entered into by and between BARHAM;
INC., a Colorado corporation, hereinafter referred to as "Sublessor", and
STALflR, •INC., a Delaware corporation, hereinafter . referred to as
"Sublessee".
•
EITIOLUM
TEAS, Sublessor, pursuant to an Assignment of Lease
dated i / , 1988, is the lessee: in that certain Lease with
Hopkins Street Investment Company as landlord and Sublessor as tenant,
entered into as of the 91st day of December 1986, and attached hereto
as Exhibit One, for the improved real property at 202 Galena Street,
Aspen, Colorado, and more specifically identified as Lots A, B and C,
Block 94, City and Townsite of Aspen, Pitkin County, Colorado,
hereinafter referred to as the "Premises"; and
WHEREAS, Sublessee desires to sublease the Premises from
Sublessor upon the terms and conditions hereinafter set forth, subject
to the provision■ of Exhibit One hereto, which by this reference is made
a part hereof and hereinafter may sometimes be referred to as the
"Master Leese".
NOW, TB3HZYORE, in consideration of the premises and of the
payment of the rent, and the performance of the covenants and
agreements by Sublessee hereinafter set forth, Sublessor subleases and
demises unto Sublessee the Premise■ as follows:
1. TERM. The initial-rental term shall commence on December 31,
1986 and terminate on December 31, 1991. The Sublessor shall have the
right to renew the Sublease for five (5) additional five (6) year renewal
terms, provided that the Sublessee shall give the Sublessor not lees
than one hundred twenty (120) days notice in writing of its intent to
renew this Sublease before the end of each renewal term, or with
respect to the commencement of the first renewal term, within one
hundred twenty (120) days of the expiration of the initial term of this
Sublease, and further provided that at the time of giving notice, that
the Sublessee shall not be in default in any of its obligations pursuant
to this Sublease agreement. In the event Sublessee doss not give
Sublessor the above notice to renew this Sublease within the one
hundred twenty (120) day period provided above, Sublessor shall first
give Sublessee three (3) days written notice of Sublessee's failure to so
notify Sublessor of its intent to renew the Sublease and an opportunity
to provide Sublessor with notice of Sublessee's intent to renew this
Sublease within said three (3) day period, before Sublessee shall lore its
right to so renew the Sublease.
SENT E'Y:STRLKER, INC :--.i-27-89 £:21F11 ; 3O357b_321-i CCITT 03:44 ?
(•
2- • BSNT.
A. The annual rental for the first year of the initial term
of the Sublease shall be $95,000.00. The rental shall be payable on the
first day of each month according to the following schedule:
. • January 1987 through 310,000.00 per month
June 1987, inclusive
July 1987 through $ 5,000.00 per month
November 1987,•inclusive
December 1987 $10,000.00
B. The annual rental for the second through fifth year of
the initial term of this Sublease shall be an follows:
(1) For the period of January, 1988 through
December, 1988, the amount of $120,000.00 payable in equal monthly
installments;
(2) For the period of January, 1989 through December,
1989, the amount of $134,000.00 payable in equal monthly installments;
(3) For the period of January, 1990 through December,
1990, the amount of $148,218.00 payable in equal monthly installments;
and
(4) For the period of January, 1991 through December,
1991, the amount of $162,334.00 payable in equal monthly installments;
C. The annual rental, payable in equal monthly
installments, for the first renewal period shall be as follows
(1) For the period of January, 1992 through
December, 1992, the amount of $176,450.00
(2) For the period of January, 1999 through
December, 1993, the amount of $183,508.00
(3) For the period of January, 1994 through December,
1994, the amount of $190,666.00
(4) For the period of January, 1995 through
December, 1996, the amount of $197,624.00
(6) For the period of January, 1996 through December,
1996, the amount of 3204,682.00
•
0�� iy -
SENT B'Y:STPLKER, INC 3-27-89 2:22PM I 3036791621- CCITT G3:fi 8
B. The annual rental for each year during the renewal
periods shall be as determined by Sublessor in its sole discretion, but
shall not exceed fifteen percent (15%) of the prior year's annual rental
on a non-cumulative basis, such amount to be determined and
notification of which shall be given to Sublessee at least thirty (30)
days .prior to January 1 for the year in which such increase is to be
reflected.
E. All payments shall be made to Landlord under the Master
Lease at P.O. Box 609, Glenwood Springs, Colorado 81602 or at such
other place as the Landlord may notify the Sublessee in writing from
time to time.
3. RENT ADJUSTMENT. It, during the initial term or any renewal
period of this Sublease, Sublessor decides to rebuild, remodel or add to
the Premises, Sublessor may dispossess Sublessee for the purpose of
such construction. Sublessee agrees that it will quit and vacate the
demised premises on or before the date set f.rth in written notice from
Sublessor to Sublessee, which date shall be no less than ninety (90)
days after the data of such notice. The term of thin Lease shall be
extended by a period of time equal to the amount of time Sublessee is
dispossessed of the demised premises and Subl 's minimum fixed
rental payments shall be suspended during the period of dispossesion.
Sublessee agrees that its sole remedy for such dispossession shall be
limited and restricted to the suspension of minimum fixed rental
payments and the extension of the term of this Sublease.
4. SIJELESSOR'S LIEN. The parties hereto understand and agree
that in order to seizure payment of all sums becoming due at any time to
Sublessor hereunder and to secure the proper performance and
fulfillment by Sublessee of the Sublessee's agreements herein, Sublessor
is hereby granted a security interest in and first lien upon, all of the
personal property and fixtures which Sublessee shall hereafter place or
permit to be placed in, upon, or about the Leased Premises. In the
event of default by Sublessee under this Sublease, the Sublessor shall
have a right to all of the subject personal property and fixtures as if
Sublessor were a creditor under the Colorado Uniform Commercial Code.
In addition, in the event of default by Sublessee under this Sublease,
the Sublessee hereby authorizes the Sublessor to enter upon the
Premises and to remove and to sell the personal property and fixtures
which are the subject of this lien. This action shall not be deemed a
breach of the peace. Sublessee agrees to pay the reasonable attorney's
fees incurred by the Sublessor in the event the Sublessor must
foreclose upon the security interest and first lien Sublessor agrees to
grantebySublessee
herein. The foregoing notwithstanding,
x I I c 1.11-4,_L=, ill . S-27-6; =:23PH . 30587",-,621.i. CCITT G3:14 9
0 •
subordinate its lien to the lien of a lender providing financing to the
Sublessee, its successors and assigns. Subleases agrees to execute such
financing statement and security agreements ss may be required to
comply with the provisions of this paragrlkph.
5. ASSIGNMENT. Sublessee agrees not to assign this Sublease
without the prior written approval of the Sublessor, which shall not be
unreasonably withheld as long as all sums due from Sublessee are
current.
6. TRRMTM TTON. This Sublease shall terminate upon termination
of the Master Lease.
'7. OTHER TERMS AND CONDITION$. The Sublessee agrees to abide
by all other terms and conditions of the Master Lease as though set
forth herein verbatim, and where Tenant is bound in the Master Lease
Sublessee shall be bound here; provided that any specific provision of
this Sublease inconsistent with the Master Lease shall be governed by
this Sublease and not the Master Lease.
IN WITNESS WHEREOF, the parties reto ave caused this Sublease to
be executed on the isge day of , 19Lt
BARHAM, INC.
(a Colorado corporatioonn))
. By: ,Zr efi0".9
ATTES ` e Benjamin Bam" to
President
STALKER, INC.
(a Dela
ify
poration)
By, iI" ��
ATTEST: . '� �e� 'a George Noyer
Secretary (. President
(glnasub) •
7G'r z : zi.-LhG�f 1 nr-i . • vim=� .._.rr
•
0
•
ARTICLE VII
Perkin:
if due solely to the Tenant ' s Use of the prenises , the
Landlord becomes required by try goverru, entel agency to provide
additional parkin; Spaces or pay a parking arstisn•ent , the Tenant
shall pay for or be charged for the proviFier, of these spaces .
ar77CLT \'777
•
i.dt.clerd ' t F.ic).t tira Subordinate Leese
11.:E lease she ) 1 1'F e '.1':1rL La LE tc. the lief. d.` try trust
CEEC C•.' eifr..r , T7rtcartE , Gr it r. riFu)tinC fiCr. C.)' other
re cf fir,C.ncinc o: 1E tinz;.7in: here' : fCrt Cr hereafter ) ] toed
L7 :7 tLC )tart Fit: : Ft ; 1.y 1t :..': crc , en tc el ] Ctl1tr
b vE.':Ce: thereunder rt. : CGn! : : iCaticnr an extension: thtre:f ;
prcr':idE., howevc : , t).Lt try rug). ] ie.iholder agrees in writing
, flit ', it the evert c'f t ^.; fcrEClcrure or other Euit , te) e cr
t!.E :EL':.^e : , 7e :.a r,t , if not then iT. eafeult he ret:nctr
wil ) n:: bE rt °_( t party tC any F _.^), suit cr p'rocieding , end the
s:. : _ ic : E : _ . . _ . . C : . ; : t EhE1 ) r.^t 1f : e :t the Ti CLtF Cf
tf:E ttt:..:,. j7 j '1 _ : E : . . } .•FFEEeiC: Cf the heElh: ic
p L ' _ CEf LC :.0 : a : . C t :.: tC : : 5 t ! t). : F Lease : f r.ar t t::e-t E tC'
E ? tc'Ca F_. .. _ ..! . . .. LE retacLet'] \' 1 r€ ; "'Shit- ty !'
tiref :::L r',. c : r : . _ E E . . _ . ..: E e:.f re •'c t record of floe
fb.'t Vat t)•: F i" l : ' t . . fer : Cr t: ty El: decd cf trw'ft
t: c.: :tca;t acr:rcling t . thc•Ft prr', : t " .: .
' elf parties further a:ret t !i°_ '. it the a ert the L r ) ;r9
fa: ) F t: ra •'.E anY CtherM _ ce perfcrr any terns a..0
C•:: :: CCr.E that it ] r • C : ear ] )' r€ 7 _ . .' e'- tt prrfCrr F'Lrc L' a:.t tc
f : LS... c : refine ..: . . E.= rcc- t . . ThiEcae E ;ECr.st the Eul `.e :t
:C.<= •ILL! EFt1 : E 1tvci is tl:`_ : : v!3T.E t° ' ,
' err ' tl. : E 1 : . : L' r. , 'He ". i r.E.'.tF E'.,E : . 1..'.
the J :- L'' rC ; . : ...- - . c . . 0 t! : " , tr• C.JE F : .
:C L: ' . .. . C : ! ' E ... C CL': E t . er F•crt Cam .
c..r:t :. . E.S . C: F : . F ' c . . `.'E : C ' C'.1 F�'urFL'_f.t tC the tcrr...! c
that 1%EE• C.` tC t; thi c : : t cf rLre r ,rc tC tl.t F7rchate
price ft: the leas“ F : tr : FIF et eel fCrth i7 thy OrtiOt Cr Ea : E
agreentt Tiede by and t.etween the Landlord and the Tenant
concetsioy a sale of the leased premises by the Landlord to the
Tenant. The lienholder of the lien to which this Lease is
subortbate shall agree in writing to provide Tenant 30 days
noticeef any such default by Landlord and of Tenant's right to
cure .
F.F:ICLT 1).
'.'€ ::grit Zc!eer
]. 'tc pay rer.t rro-rtl it advance as herein: provired , tc.
the 1f'rt'E Of l..Lne ) :re E1:0-::. +el.'C':E or es here&fter designated it
writ” by Landlord .
lenent acknowledges and agreet that upon. !.:tine
pr,esPui:r• of the Leased 1re:dies Tenant will have cere ; . 11y
txe-dm: the Cars , he fail ier with the condi t $ t'n thereof , JAL?
rr) c) V C1: rucl, examination wily ar-re't t1.er in their
conditic:. at that tir,E , ur.) erF Lend /Gird an_ 7er,ert othervies
exp :eEtly ecrec in writing . Fuk ,ect rty . i - _'- '-p-7•.er '-= • •.
7enant she'll at all timer maintain the
prerire it good conditicr, and stet' of repair and shell , at the
Tenrt'r ow-l. , cast and ',Tense , make all necessary repairs
4112-2' tilt rec. T'- - - , at its
to)E east and expense , the structural , Mechanical/ and Electrical
ler►stu of tl.t building and prerrises including, without
:' irrittticr., the roof , heating plant , plumbing liner and fixtures ,
vc .. r---eke•§ - . -
en r.s-t---. At the end or
other expiration of the tern ►,ereof , Tenant vial ) deliver up the
Leased Premises in good condition, wear end tear from e
reasonable use thereof and damage by the elements not resulting
! tor the neglect or fau) t of the 7Er.ent , excepted .
3 . 7o prevent any disorderly conduct , noise or nuisance
whatever on or about the prer. iees ,
4 . f::•t tc• t: ! E Furl, prenintr cr let ther bE used for any
pu.rprse contrary tc a) r ) iee? )t ) ev , ordinance or regulation.
5 . 7c prevent ot'Er )cedine Or abuse of f)ot,re , wails Or
structure , to yctr. it neithrr the storage nor the use ' or the
prerises cf any e re C > ] lc•rivE , or highly fla7.1,at.le ratter ,
end tc prevent er,; ute of the prer.ises x`,ich wtu)d render the
insurance void or the ini „rer•ct r, e1. more ).t ¢ ardcur . In case of
e kneel of this covenant , LGd ir• additior. to all Other rer ! a.ise
of LenfIcrd for the rypari, b'. 7er.er•t cf any c•f the conditions or
covt :.t-.ts of this Lt art , 7( r.ent Epee"' tc' pay tc Landlord at _
additional rent e, y end el ) incrca!E or inCree!eE of premium; On
ins ':Tanne Cerr ie: by btr.dlore or. the Least : t•rerises OI on the
Pt ilGin cei e ar.y Ye'• ) : 7er.sr.t ' r tie Cf tie l
Fr Er1FEt , EL ' E 't
( . Nnrrt • c . _ t : ? `vErt : re ti.c p7E7 eff for rent
at a 7Ei.°='.i ? : ( t : r : ti !C rc the !..t ESE EY,; : IF : . .
ctLe - : F: ttrr :. : t t : c , h. for Cr the tE .'.E •t,^\'
: c ,. r: r . � : cE •, icE ! . cr E+sic
ray 1.5 0a:i : ' C : tLt lE - : rCF T : . E : . rfr ther rimy( Gc day r : : c t : E >.i : rat : c:
cf the :..Ease 2: addition. , tc
perrit LF:..jc'rd tC ET.C, the preniser to prospective ter.dr.ts
d'' rin: sere ninety ( 5 . 1 d _ period .
7 . 7c oivE LE cic : d vrltter. ac•tirt cf a7.: accident , fire
or de7,s;e o!clrrin: viti,ih c: tc the Leased T.rt - _ see ,
' ! I : C : 6. . C• r . . t .•( rc - . •
F : _ _ iC! !
i er.t:.S
ray r.e?.E cr p•err.it te.. be E !dC any alterations ,
addition, or changes to the Leased Premises, including
demolitlae, remodelling, reconstruction, renovation, new
Construction (the foregoing collectively shell be referred to as
Improvennts) without the Landlord 's prior written consent ,
provide+) that the costs necessary to complete said Improvements
are fully secured by a perfotrrence bone or , if not a performance
bond , b} other ode;fate security accerteblt to Landlord . Jr,
order tt determine the cost of coitpletion of the 3rrprover. ents ,
Tenant fall G~t a it: a f'ih: inc contract Vitt, a contractor which
contract rrovideF for s r. exirur tor. Fri cost for tseie
3 r.,^.rc'vere:.t! . 71.': re c.:rity for ccr.j3eti " n of the 3r,F.rover:er.tt
she) / be IT. an a^ _curt r.ct ] ass than, 3701 of the top tat cost set
forth it Etie contract . ►:ct less than 3t day, prior to the
C67%"EnCeriEM of M'_r). cr. the Improvements , 7tnent Om/light to
L&nal0ri & true cony cf the CCr.trectt and evidence of the
performance bond or other proposed security . 3f Landlord does
not believe that the contract and Security art in conformenee
With tilt provision or if the security it not a performance band
and seitserurity is not satisfactory to Landlord, Landlord the) )
notify rent t not later t),ar, I. business days Iron Lendlor9 ' s
receipt tr said ir.'orretior, by written, notice to 7enar.t of
Landlorre e: jest SOn! tC Ea^. E . Lane) c're ' E ot•ie tSc.ns ELall t,C,t
be unruso:atly c.ade and the pertiEE shall , in stood faith,
attempt to resolve any such objection . If the objection cannot
be resolve'_, Landlord shall have the right to see). an injunction
against Tenant ' s [•orr.encement of the Work or tale other action.
that 1a lerd deems appropriate . Notwithstanding the foregoing ,
/J r...4eriant col not be obligated to provide a performance bond or
other pcwity or to obtain any consent from Landlord if tic cost
mac., „-,u.cr-.r .. - r c• .,rr. __..= r_�,:�i-, �C1Ti G3; i4
excluding the value of the land .
of the Improve nts is less than 20% of the appraised value of
the Premises Tenant shell also have the right to apply for and
obtain any zoning and/or subdivision approvals Which may be
available to Tenant under the ordinances of the City of Aspen end
Landlord agrees to execute any consent or authorization to Tenant
to obtain said approvals as may be required by the City of Aspen
to accomplish said purposes .
Tenant shall cause any Improvements to Sc made In a
workmanlike manner and strictly in accordance with all ordinances
and regulations relating thereto. Upon a termination of this
Leese end the expiration of all of Tenant ' s rights in thr
Premises. all such 7m, rovements shall become the property of the
Landlord except that if the termination or expiration is not by
reason of default cf 'tenant , Tenant may remove drapes, movable
furniture and de:oretive items of Tenant , Tenant ' s fixtures and
other rue?. property provided Tenent shell repair any damage to
the PrnniESr caused by such removal .
AP.;ICLt X1
Landlord F.Crees
ie deliver tc the Tenent the Leatfd Premises Sr e good
Condition,, with all sewer and drain connections and lines ,
plurtin: and tie-trice ) wiring in good working ordsr and repair .
ta41 t : ^
- =
strut uio. -- there end n:ecLanical and electrical - - ` of the
•
Buildinc, the he -nt and the ro- -god repair, except
where Erich repairs Ere nerea - ' ' a o by the act , negligence or
omission of Ten ' his employe , " ants , guests or
contrer - n which case such repairs shall be pie . ' rade by
CC1c et; r _ _
]1 ft expressly undcrrto: end epreed that landlord Ehan
here r, C'_ SiCiti C : tc 7erai7 C ? glace any ir.proverertr ,
edditi.nt or sltereticnr e-4--=.;-ircct � : -ty ;4r.c- t or IC' Serge : :
rrct'lE t Caused by En_: such iL l rc\ erent . r addition!
c..7.
e l t e r tt:-n s a4 :4p4--L=-•:a-c--r =-{r`444- -oe r Fi- F :n t f r=u c 4.'
- 4 .-1.--ems- irnaav--4-a44-. It is further understc_d
and agreed that all othu-s obligations of maintenance and reprir
shell be the Tenant 's as hereinbefors provided, including, but
not by way of limitation, the replacement of all glass, both
interior end exterior, broken or otherwise damages during the
term hereof, a etk- 4-eawee.l--b
Or-at-a--reF Csttsnt '..r feil'•C.a,-
landlord acknowledges that Tenant is a related party to the
purchase under a certain Assets Purchase Agreement ( hereinafter
"Purchase F.greerent " ) between Tenant end Bill Bullocks , Inc .
( hereinafter "B.:11ocks" ) , which Purchase Agreement includes the
ecquisiticr. of the assets of Bullocks existing business located
within, the Premises end certain leasehold improvements therein
and an Assets Purchase Agreement for the assets of the Bill
Bu] lo;t 's store located in Breckenridge , Colorado. Bullocks end
Landlerd ere businesses with common shareholders and partners and
It le in Landlord's interest to assure Tenant of the performance
of certain obligations of Bullocks in each of the Purchase
Aareteents and to guarantee the tame . Therefore , in
considrration of Tenant ' s exercise of thin Lease with Landlord
and et-tier benefit to be derived by Landlord as a result of the
proper perferrence by Bullocks of each of the Purchase
Agretrents, Landlord agrees that in the event of any default or
misra resentetion by Bullocks in the terms of either or both of
the Pwchese Agreements , or this Lease or in any encumbrance upon
C) 11-22- the Revises ' Tenant shell have a right to expend such sums and
undertake such efforts as are necessary to Satisfy Bullock ' s
bligr_ions under either or both of the Purchase Agreements or
Mast or in any encumbrance upon the Premises end, in such
event tenant shall be entitled to set off tin amount equal to 125%
of the amount expended to satisfy said breach or default .
e see Se
- ._ .. 'CCITT la.n:illE
•
•
•
This right of set off shell not be s limitation of Tenant ' s
rights against Bullocks for any such breach or default but shall
be in addition to all other rights that Tenant may have . It is
expressly agreed and
•
Ar
" which breach or default relates to (i) liens or encumbrances on
the Assets purchased or the Premises or (ii) failure to pay any
tax liabilities related to the businesses involved in the
Purchase Agreement
°' if Tenant is not in default under this Lease at the time said
breach or default by Bullock ' s or Landlord occurs ,
- 516
•
undEritoed that tenant shall not be deemed in bread, of tide
Leave for failure to pay rent when the failure to pay said rent
is the result of tenant ' s exercise of this right of set off .
ret t(540)Ord c - -
oblicetl r under the terms of this lease and, if Landler • •oes
not underte . efforts within a ret,soriablt time to - e said
default er,dfcr E say repairs or upend money - any neture
weetsrtvtr r.'ite re et to Lar,_)ore: ` obli • - .ons hereunder ,
thee , it rice event , '!t nt ihel ) hove t fight to Expend cue),
Fir ! an ur.dcrtai.e FOC). e , et ! aF € nteteFery to satisfy
l.enelore'E c'hlicet ions under toss ant, it. such event ,
7Er,ent reel ] let Entitled to tt ' f any such cues expeneef
eeeiest rent Oeine by 7En . tc Land: or r the Rana beteees due .
er,Lr. 'E rtoovirc t hie r ] CLt cf fct ' shill nct t'c a
lir ] tetice t: e - ,.: ' s richt ! 2:enr,Et Len?1 - for any such
Lrec :?, en Et ' t t`' the ] : be i •. E: L: tic; tc el her rights
t),E: SEC.°- , ray hevE , 71 it a r : e r ] v undelitood a_ Et that
tens- !Lill TCt be seer-ee ir, t'ree:e of the leett fcr fail; to
F _ -4c-t es t4,4 f.44ur< 1�—jt ' .wit - -
tr nets. t -•-.t f Era,i t r e c • c c•
_.s s _ Crr e !, .
71t :E '-_ '. - rd. essisn , EL : Et , e:,..7 71tr , Fled a C' LSE if
Cc.: : ntrrt: in b'.;' ii?.: Cr. , the :-e rE C' any r rt : cn of the LetsnG
Treriso, t'] thc• t the Prior c:':. Ff .'. . Cf 1•s.-:! + :: C . tireless ier.Lr.t
otteins Lar , ] Cre ' r writtee cc- rc,-,t td. Ery of the fC're: C:LC ,
7er.tnt 's c':: : e t] C''.F he set r '.E ' £=?.L"- rontir.:fie Sr. full force a :.!
Effc :. it t c-C- cerrf vit ). e ] ] t?.- tcr'.s of this :Ease .
7.1- 777: r Y77 :
714 7r. _. . - , r t :.: s Cr.:" C: s -. E -.' C x:-c - F t , ILL 22 y
):eE : i' t.-. : f: . f: : cf t ::E . C.i ' t a-•- t),E,
(as teref tar ateit'- cr.E) insure–el eerint the ter, hereof C': any
extension or renewal perioe , general p::blic liability insurance ,
insuriai against any and all liability , or claims of liability
arisias set of,. occasioned by or resulting from an accident or
othendst in or about the Leased Premises, for injuries to any
person or persons , for limits of not less than • fene-0444-1-iQr►
D:71-}e-re f1 ,C0t,400) for iltjuries to one or more persons in any
one E:rice::t or occurrence enc for loss or dereee to the property
of enJ rrEDr. or persons , for not lees than*•E+.._ ,' ' f : - . b•'4• •
•..,4�) , 71,E policy or policies of insurance for
ctr tihcstr of ir.FCrenre therefor) , shell hE issued. by a cr'.pany
Or Crti:r.ifr et1,: rired td.- d: business 37`. .,' E State and CC' fer
them:! t .ell be CE ] ivere'= to the Lenolord t'ocE ther with evidence•
of tit peyr.Ent of the pren.iurs therefcr , prior to the
cor:t-L'E'E:'.t Cf the tern hereof or t),& date >`Ler: the 'Tenant !hill
enter into p:Fscs ! ior , whichever Occur ! ) (stet . The ?ens.- t & leo
acree! te end shall sate , helve en: } _•, l:err ] efl and in;iea.nify
tie tuflord , fro:- and egainst any sr. all payments , expenses ,
torts, attorneys ' fees and Iron. and eee n't any end all claims
an for lessee or damage tc property or injuries to
prrsm! orcesione6 or in part by cr resulting froe try
e:ti rd. C:- FSiDns te. the 7entnt ce the tenant ' s agents ,
er.,;'fern' , guests , licercees , invitees , reitenanti , eseiCr.ee ! Cr
suceesers, or for er,y cause or retsen whftEoevEr arisfnC out of
or bf season of the OCCUpenCy by the 7enbnt and th,E conduct of
tl,t 7cast'e business , except if due to the fault of Landlord .
rite Hundred Thousand Dollars ($500 , 000 .00)
•• rive Hundred Thousand Dollars ($500 , 000.00)
tii
ARTICLE XIV
H __... Pv t.r
if the Tenant shall , with the knowledge and consent of the
Landlord, continue to occupy the Leased Premises after the
expiration of the tern, of t1,ie heave , the Tenant she ) ) become for
such extension period a 7enent from month, to month on the sane
terns as herein Etipu) ated for the feet month of the tern..
AF7)C1.T• yP
Le_,d ) cIrC ' e lier.
7h* F•crtie! beretc Unterctend and agree t),Et in order to
secure peons:,t of ell sort Iq cos inc due at env' time to Lenf) c,re
hereunder er.c LC. FE :Ure Ulf pscper performance and fulfi ] )rent by
7enent 6! the 7Enant ' t tgretrEnts )Ere in , 1•Er!dlord hereby LEE E
Eecurit)' ir:terfnt in en:3 first lien UT'D.*, el ) of . the pertonL_'
property •a S.: fixture ! which lane-,t the ) ! hereafter place c+,-
perrit tc bE Fleced in , •4,i_r. , or hint the Le
the _ P'�E?.t c! delay } t by 7e r,_ ±t Leased FrE^ ] La r. re
E1.0) ) }.c:'t a I1 C1.t t( + f ..t C: ., this ),EbE ( , the LeT,: } :+.'C
! ] > ) ) i fit r5 E. . l e . Ll,' tuie -•t pc : tr-,E ) property i .
t'?.iferr Co-.` TC] El Cofe . 1 t CrEin the even the CG) ct 1
r. e ' �i iC:, , Ir, the EYE::i C! dEl2ti} t 2 '•
7enar.t trader this lease 1
L°_• '1C:: LC C ; ter lease , the ^ -iE ',Lr.: ),Erf}'\' authorizes t�t!
. u:r. t1,! f _ ` E Fra- : PCs a,,? t . renove ar:: tc
st31 LLE serene } Frc'r Er oral ! ]:t ,
this lies.. Mir ertic:.' ELL- al CrEe desn . are the breach E :t he of
r.a, be OerLE� 6 breath. of the
peeve . 7enent agrees to pry the reesonatle attorneys ' fees
incurree by the Ienflord in the evert the Ler.f) o•rd rt pt foreclose
Upon Us security interest E:.d first lien granted by 7enent
herein:, the fore„ : ..... n.:',tvit):Stinfins , Landlord arreet tr
EI;t.C.reinats Ste lie :. t : the
) .
t . o ! t lender F ; o+ ic] rg line- C] 1 _tc +t :,art , ite EL"CE rs : ' E r
)1.17 : ::! x..._
r'_ _1,• - if a Lens
1. Tenant stall not permit any mechanic's , materielmen's
or otter lien to stand against the Leased Premises or the
Buildiryfor work or materials Furnished to the Tenant
that treat shall have the right to contest the validityroofdany
lien a claim provided Tenant shall adequately defend any
interettof Landlord from any prejudice thereby .
2. If 7enent shall be in default in paying any charge for
w),ich, etecl.anic ' E lien , tlain or rust to foreclose a
beer. rmrded Cr filed , and shall of lien e ' f
interests et aforesaid , Landlord lra•n�(bu)te wEithof t ben I•erequi ed
) LL being rencunte
tc. tC. e71 Lay said lien or e) Ei.r. end any casts , and the arc,ur.tt:
ea pail, to;ether with reasonable attorneys ' fees incurred Sr.
cc•nnectio?; therewith„ fl,al ) be intedi ately due and owing fro-
7enent to Le,-,d) orC with interest at the rate of twelve percent
( 321 ) per annur. from the dates of the Landlord ' s payments .
3. S!,ou)ta any c) eir, or lies: he filed or recorded against
the Lease! tre- it;er or building or any action affecting the title
tl,eretc be corotenced , 7enent shall cis'e Lend/ore written notice
tl,erec! at, a timely me-finer .
<. LEnd)ord shell have the right to go upon and inspect
the Lease: Premises at all reasonable times , and shay ) have the
right n post and keep portee thereon notices such at those
provide for by Section 3F'- ?7-105 (2) , ) P73 C.R.S
46Landlon tray deers. to be proper for the ' t and �o..icl.
interer ir. the Leased Premises against statutory rliensLforl )abor
- and materials .
zcj1L by: S?i:LfaF.r lr:_ c7-o= L:45r11 , 3078791° 1� OOIT? as #1 G'
•
ARTICLE XVII
Damage to Leased Premises
This Lease shall not terminate and rent shell not abate in
the event of any damage by fire or other casualty to the
Premises . Proceeds of insurance provided under Article VI hereof
shall be held in an interest bearing account by an agent to be
agreed upon by the parties and disbursed at the election of
Tenant for ( 1 ) repairs or replacement of the Premises or ( Si )
paid over to the Landlord at the expiration of the Lease . If the
proceeds of any insurance are in excess of the amounts required
to place the premises in not less than the condition they were in
prior to suffering the insured loss, Tenant shall be entitled to
any such excess . If Tenant elects not to repair or replace the
Premises to the extent of said damage, Tenant shell be entitled
to receive the interest earned on the insurance proceeds placed
into said account as the same accrue . Nothing herein shall be
interpreted to prevent Tenant from rebuilding , repairing or
replacing the Premises to a condition which is better than the
condition of the Premises at the time of the casualty.
•
CM:1:7
4-
•
en -y--t-e—p.et tti.sr
+y- tht—Lbn4Sf --ea—ittgai-v+4—under 4hr —i f►A
*trwH i = _
in the eneve stye.tio xs nf11 : r z .• :r1p .
Ar7 : CLr XV111
Tenant ' s 1ndE - -,ification of 7enrlord
The 7cnont shall atfer•E e ] l liability for Camages which rrey
erirt Iron any accident w:,ic1. OCCUrf in or about the Leer:e.d
Prer•ieEF while • tl,ic Lien it in force except as otherwise
provider by thit Letst , inridtr.t to• Tenant ' , use of the t^reniset .
7LE 1Er,E!.t E_,rteF tC rsl.t nc cltir e:Linst the Landlord for o; on
ecco-J[.t cf er:y less or der i- c! 1y reason of ' irn or other casualty
(1r,Cludin: utility ) :Ea)•8:E c: ma : function:) wept bt 'br.tiCiPatte
by this ltesc Er.:! et ma., be ra : c ± by a r. i ) ft] 1•rtac1, of any cf
the 1•enfic:c ' : tcreer.ent ! hcr€ : f . The Le,.f]ord the: : n: t bE
little fcr Greece to ptrs : :,E ) pycperty in or about the ) ( teed
property yrcpt or afoul-tic , The 7tnant shell seve tht Landlord
Larrles! frcr my lialility Cr expenrt erisine fro, p. rr :: el
injury Cr freperty CE-,ace tc (AAI,ErF in or ahDut the Leased
e xtriFE! ►''.il ( this !.t Llt Cr tr.:• rcrrwrl Or tr:tc'•Ficn hcrE - f it
in f :r:t . tj. F 1L�: - ' ; f : ri _ : tC. ch.- Ft shell L. . LE e:`,F tri' tc
create eny Licht of 1 trC :, t : LLFiF Of Clair: oT, t'Ehaif c ' any
third 1e. a : air.rt tithe : ; arty ),t : E :e an; iLali rrt to t le : to
e :.L t 'r c :ei' r aceirst lF '._ : cr _ if the darei_ Er so...cht arc C:E tc
the lath c: necle :t cf Lard : cry. , its agents Cr E"le ,Eer .
aT: JC_T i'7v
Ccv€ •.=.. . Cf C : ict tr.=,cy-e-nt
r: ):: c the 7er.t7.`. it nr ; OEfe _' t I.ere:^de : r'Crir7 the
t'ar ' ter LE : i : f Lr _ 1 - > EEter,Fio: 1:e:t : ` , t ) t
r: .r l pa _ ..
• ',•E • L :. . F t ._ . t ' t - r ` ) _ acrrt _ t: c - : E • 7 '
or Er : cr _ lb( : ta . .. I : t - : F : F r _. •IEt , t , the. tarn hc : c : f .
7i,r Lerf:c:c wErra: ts a :i acrd . tc• ctftr.- the tit ] t tc thc
1'sa5rf tre- rr , a:.: fL ; t:.. • va: : e.'.tt that it Lap IL . ) authority
tc E>.E: tc tl.: c 1•tanC .
ARTICLE XX
Waiver
l:: [scent expressed orCirrr lied by the Landlord to any breach
of any or.E or sort of the covenants or acreen.ent£ hereof by the
Tenant shall be deemed cr construed to be a waiver of any
fuCCet_in: or other breach . Furthern•:'re , it is hereby covenanted
and E:7tu±, Ely U5 9e Or CO? tor- to the contrery totwithstandinc ,
that Landlc-e r1,t) ) ).eve tl:E right Et all times to er.foret the
covenacte end provisions cf this Lease in strict accordance with
thr tem? Lere.f , nctFithstandinc any conduct or gusto-. on the
pert of tie Landlord in rcfreinin: iron 6c doing at any tins or
times : and further , that the feilurc of Landlord at any tart or
times le enforce its rights under said covenants and provisions
strictly in accordance with the same shall not be construed as
Lavin: meted a custor: in tny way or rr.annEr contrary to the
Erccific terns , provisions and covenants of this Least Cr RE
havin: irtny way or nannc: r.,: dified the sent .
Ane raEminent nt l�orrei r:
l 1. Jr the event that the Puilding is taken in r•1,oTE or in
r —� pert by condemnation proceedings or eminent domain , or Sr. the
eventItat Landlord (and Tenant if necessary) shall convey all or
u_.i.==
the terns and conditions of this Lease and agree that the
non-defaulting party May see>. and secure equitable remedies,
including but not limited to the remedies of specific performance
and injunctions .
A1;71CLt YYIII
Notice
1 . ) 11 notices to be given with respect to this Lt bit
sl.ell bt it 1:ritinc . Each notice shell be sent by registered or
certifie'_ rsil , p:,rteoc prepaid and return receipt requested , to
the parts' to bs r of l f ieZ! et the address set forth herein c•r el
furl. eti:t : e :; ( ; s at either pi.rty racy frc'r time to tine
designate ir. .: it ; -
Leery r,_ tjCf she '_ ) It GEE-.E_ to have Leen giver: ether
osys Efts : it is deposited in the t7.iterr State: flail in the
r,br.r.e'r F:er ri::r ' herein . E:t!.inc contained herein shall bt
construe`_ •tc• ;. : iclutc person: l service of any notice in the
rar.rc ; ;-. T "'i : t : for I rr :.'a- service of b rtr.:.ons or other
legal I ' '- _ ' ,
XXIV
' ; Es cf Itf ' its A.ttcrr.evs ' Tess
ln the eve:.: either party is required t0 retain the services
of an ettcrre•y at law for the Frpose of enforcing -any provision.
Or 'riGtt !.Ere ;" `. : . Or ir. any - way related hereto or arising
here`rc, the deli ': 1tiie Ferty covenants and agrees . to pay the
n^r_-defel:l' i7.7 laity ' s c : st . end expenses related to the
er.fc:ce'e.tt cf t ..: f icrtc i 't ir.rltdinc but rot limited LC
rebtf;717U.t e i 'a f _ . . r.CCr rE - the rc in by the . ..•r:-de .`L" : t .
part ' : t'. , . , e : F cc. c . tr 1 . io:. EL: L:tL parties an
` - t: ': S . ` t '- : t th. : r c.`. : : r _ : ic-.s aria . nc fro-
afire_- r: . t ! ! . _ : . : E r- i " e : het t!.e tit;^:e
T:C t :.l:.G ova; the
Fi : l :er wf t!. En Or Er..' p:.rtic:.
cf the aC :Errf l - .' lv ' r rift ' ..(.: : ( ettzrneyt . ft &E , F= 1d charge to
be tart C L, : ;, t::e relative r€':trlt,' cf each party ' s default Lr:7
such otl.E: factors as the 1tn'.^ye may deer:. appropriate .
ARTICLE XXV
Right of Landlord to Enter Premises
Letfacrd or its agents or err.lcyeei may enter upon the
Leased frt- ides at any rce.sonable tined during the tern. of this
Lease vitt reasonable notice to Tenant or without such notice if
it is gee-e? re :et sary by Landlord for protection of the prer.iser
or cf e_' CC r,ln freer ire the Sci ) dir:g • Tenant understands that
Lar.rlore r:•: fror tine to time need to enter the prer.ireE tc r..a?:e
repairs t:.z Sr, st doing ray ratan. Cr: interruption to Tenant ' s
business. ta- aees for interru: lions thee. materially interfere
w•itl, 1er.ert ' r businern shall be restricted to an abatement of
rent for such period and to the extent of the deprivation. of
7enent's ere of the premieres . Lendlord shall use its best
efforts tc Cause 8E little interruption to Tenant ' s business ss
Si possitle under the circun.EtanceE .
1. 7) CL! XXV?
Fe'redies Cu*ulative
All of the remedies hereinbe fore given to Landlord and all
0 e rights at! remedies: giver. to Landlord by lay or equity shall be
/ deemee stir dative and concurrent .
sr
ARTICLt XXVII
SeverebilSty/Conftruction
If any clause or provision of this agreement Sr found to be
illegal , invalid or unenforceable under present or future laws
effective during this agreement , then end in that event ' it it the
intention c! tie parties thereto that the remainder of this
agreement shall not be affected thereby , and it if also the
intention of the parties tl,et in lief: of each clause or provision
of this agreement that it illegal , invalid or uner.forcet131 ,
there be adfeC bE pert of thir. egrecr.ent a clause Or provision kF
sipiler Sr. terms—to runt. Mega) , invalid or unenforceable clause .
GT provision as may bE poEEiblt and be legal , valid and
anfurrta: 3e . 'Le parties furtLC: rept :Ent that the proviticr.s
Of t1:ie a. reer.Ent w'trt revievee en: o; roved by the partier snd -
tlie : r rt!yent lye counsel ant OA parties agree that thit
aCreerent shall not tie conntru! : Either for or against eitLer
party b : a result of tl.E dreftin= of the a=reerent .
. Ft72C,s x:•:'.': : : •
6 :.t :( r.tcerstry tt carry Cam', ties r.`er.ir.4 hereof , ti.`
Fin_u7ar tL! 21 Tea-. t7.0 ritre2 , t7•f j212.ra : the Fingzlar , and any
gcr.de : ti ; I. tc. a: l et ..:. . r E .
- hx: ICLE y.`.: x - -
L'Esorittive t `- c: : nCF
'Sit d( r :rirtivt Leadint cf k7-: F ',WE Ere incerte: fcr
CCLvE :.1t .:t lr rCfCre ?( C•:.lv tr.: r.t: 1t• CT.V way licit or
a-.; 1 '; t}.r % err F '., 1 C \iF ) C• .! ).t ' t . . .
F.; -: C_` ?.'.•
rcr.i Cle;( -
This Lease, the Summary of business Terms attached hereto
and the Exhibits constitute the total understanding of the .
parties with respect to the subject matter hereof and no
modifications thereof may be made except by a writing signed by
both of the parties.
AR77 CLE XXX1
Counterparts .
Thin Ltaet may be executed simultaneously in two or more
counterparts , each of wLic1: shall i.e deemed an original , but all
of whirl. together shell constitute one end the same instrument .
ARTICLE XXX72
Findinc Fffect
Slits Lease and all agreements herein contained the) / bine
t E parties hereto and their heirs , personal repretientetivfe
ccessora and assigns .
•
/,rte
a
ART7CLI XXX777
Additional Provisions
Any exhibits ,theretoe er emshereb additional incorporated ' into this `Lease
by the
Agreement by this reference end Constitute additional terms ,
condition:, consideration and terratentations by the respective
parties ane en relied upon by tit parties in tnterinc into tLit
Least Apetc.t.nt . Any breach of the urn ' and conditions of any
Exhi t .it or any r.at£ : i6l n.itrE Fir et Pntation in any Exhibit shall
CP),ttitutt a breach of this Leese Agrtertnt .
Jr: k);r:LSF. b: rFrnr , flit Lend)ord end Tenant Lave en-ruled
tL r Leers cr. the day E ?. ytEZ first el,CVE written, .
LANDLORD: N
MDH 3NF E; rr7 lrVI-F— ,:
a Co)ornoG Ot r.cra ) torporatior1E �' , e Colored:.
partr,t rti,fF
jiLcaii- ?sr"-
•
t f / (7 E rtt 7
•
a-
• •
EXHIBIT SAW
SUMMARY OF BUSINESS TERMS
This Summary of business Terms is an Addendum to and part of
a certain Lease made by end between Hopkins Street Investment
Company (Landlord ) end Colorado Cable Company ( Tenant ) .
1 . Leased Premiret . The leased premises are described as
follows:
Lots A, B, and C, Block 94
—City and Townsite of Aspen, Pitkin County Colorado f
ew
empc„ tg4. kente] Terra. The initial rental tern: shall- commence on ,'r'
'lofty-1y r , 29E7, - and terminate on December 31 , 1991 , thereby 2.
running for a period of five 'years from the commencement of the i0
initial term. The Tenantr shall have the right to renew the
- Lease for five ( 5 ) additional five ( 5 ) year renewal term_ ,
provided that the Tenant shall give the Landlord not less than
ninety (CD ) days notice in writing of its intent to renew thir
Lease before the end of each renewal term or with respect to the
cor,aencenent of the firrt rtnc•.'a] tern,, within ninety days of the
e).riraticn of the ir : tit _ ttrr,. of the Lease ono further rrovidcd
that et the time of eivir,g notice , that the Tenant shall not be
in difa:1t in any of itc cb] igetio,— pursuant to the Least
Agree.re:a . lr. the event Ien&nt does not give Landlord the above
notice tc renew this 1EESE within the ninety ( 90 ) day period.
provided above , Landlord. s1.a1 ] first .give Tenant three ( 3 )days
written notice of Tener:t ' e ibilurt to so notify Landlord of its
intent to rEne. the lease and an opportunity to provide Landlord
with notice of Tenant ' / intent to renew this lease within said
three (3 ) day period, L't.fore Tenant shall lose its right to s:
renE.• the least .
first year
3. Parr _ ) Annul : Fcnt . Ths annual rental for theinitial the
terr of the Lease she l ti S5. 0;: . c . The rents] shall bE
pEyeh]E r.znttay e-cord,,- td., the 'Mowing schedule :
l,ECer`iJer the oust. .hone , £10, 00:). 00 per r.;:,th
in:lurive
July through November, 55,000.00 per month
inclusive
Pent owl be due and payable on the first day of each month
during the term of this Lease. Pent shall increase over the term,
of this Lease in eccordancr with the provisions of Article III of
the Lease. *
4. Pent Payment . The rent shall be delivered to
P.O. Box 679 , Glenwoofprings , Colorado 81602
a5 agent for the Landlord or at such other place as the Landlord
may notify the Tenant in writing from time to time.
5. Business Purpose . The Tenant may use the Premises for
any lawful business purpose .
6. Notices . The address to which notice is to be sent to
each party is as follows :
Landlord: Hopkins Street Investment Company
P.O. Box 609
Glenwood Springs, Colorado 81602
" Thereafter the annual rent during the initial term shall be
•
�,� $120,000 . 00 payable in equal monthly installments of
$10,000 .00 each.
Tenants Colors o Cable eurrany
c/o Jerald Barnett
tOisox y357
�'sPca Go. 8161
With Carbon
Copy 7o: Herbert S. Klein , tsg.
701 North Mill Street , Suite 707
1.Fpen, Colorado 81611
7 . ficl.t of tirst Refusal . Landlord hereby grants to •
Tenant e r 1 t of. first refusal to purchase the building in teLicl,
tl,E IE6ref preniser err located upon the Fe9.e• terms and
conditions at are set fortl, in t bona fide offer to purchase fror
t t1,ire party . 1r, 11.E event Lahe]Crd shall receive a bona fide
offer tc' r'rct,erc ell or any partion of the Pui/ding in Lich tie
] tens prc' iser art located and if Landlord accepts ruth offers
Lendlcrd shall ir:.'eeittely _ r.ctify Tenant of said offer are
provide 7E :.ent wit), a trut cop; of said offer . Tenant shell 1,evt
twenty 17GE days frog 7eriar.t ' c receipt of raid offer to elect tc
e>:e ) CiFt its r1C1.tF tc rLrel.are a:cording to the fere terns and
cc.".� it3tr ! er Cc ,taita : r :. safe effe : to purchase . Tenant Shall
nC t : fy 1e7f : C :C r.' letc : t1.E' tLE 7i't1 da•• frcr / tr.Ent ' F receilt
of said efft : t ( r •i? C: LSc c ! ttr.Lr.t ' E C E ;'t1Cr. e`C 'hall C : Crf
U; : :. t).E ii- s terrF CG: C __^r.G ; t : C ;;! eF sat fc:tL ir. said offer to
Fti: C�:t Fi , t : C '.'Sfe : tLit , fir. t ).c Ever. . rtie c t : to purchase Les
a chitin; Cite vhsch , b`. :a . rt cf the t■ } Lt '' (i'C ) days granted tc
Tenant Le :v.:rider : F er. 1.' rrc . t ] Ce : c] cyinc Cate for reeECnf such
- as , EcitLoLt liritetior. , netting the -texts of a financing
contincen:v Cr eieurlticl% of financing provision of said offer ,
then , it such event , to closing sl._ l1 be E>.ter.±E: to a mutually
cor.Yerler,t end rear :•.' aL c dist , but rat leter that ninety ( Lr1
gays fr .- the date cf itie el :•rin kr set fC.: tl. it. the offer tr
purchase . The la: tier E^: Ef tl•it Ei the : thiF Cr.ti rE 1.e tSE CI e
r'c-.tiraT°_:` cf t .'.+ ! riC'.,t of first refusal , ± s
re :c :digs frrr , F1.t . l It rltre :: cf Its: rC 1 .' tL' real pros.es tj
reccrt! of t '- ti:n ), C: L:'.: _ en.' t).! r.•r : tits rl:all CC':pe : ete l: it .'
e>:E:utac . Fos T .isFifer C ` the r.r-tice ;revision referred tc
herein , le : ant FLFll fi dear.: tc have rt :eivee ftid n:tict c'
the third day aftt : reill :.g a true copy of said effer to pt:rc!asi
to 'anent in the United Etetel L.ailr , portage prepaid , certified,
return receipt requested, or, on the date that such notice and
offer to purchase is personally delivered to the president of
Tenant, and duly authorised and attested to by a certificate of
personal delivery. Upon termination or expiration of this Lease,
if the right of first refusal is not exercised, Tenant will
record, forthwith , a release-of this right of first refusal .
B. The parties agree that they will erecute any further
do:u7.erts or instrurrEntc at necessary to carry out the intents
and purp:sFSs of this lease Agree:tent , all as provided for in the
L.Ease A;rErter.t and r>:1,ibit A tLereto.
LAt:PLOF_ : Ti NA$:7:
HOrYINS s7Krr7 3NvF17Kir7 Colora3o Ca51t. oa.t-en ' , a Colorado
COYPAKY, a Colorado general for re ion
partnership •
py / Ziett
' (" tlr} j 15itl0
•
SENT R`r':STi4LKER, IY9�:= -a�-c�_ ::-,-rr� _ _. -
0
a part of said Teased Frenises in avoidance or in settlement of
such condtr.nation proceedings , or threat of condemnation
proceedings leitl,er of which is referred to hereinafter as "the
taking" ) , Landlord and Tenant herein scree as follower If the
taking is a part of the Leased Premises , then from the time of
taking of physical possession by the condemnor or proposed
condemnor , the then rent payeb)t hereunder shall Abate in the
ratio that the area of the Leased Fren.irer taken bears to the
area of the Leased Preriiet Ilion. such taking ; provided,
however , that in the event a portion of said Leased Premises in
excess of ens -fifth I1 /. ) of the arta there:f is taken, or if
such tal.in; shill flrcT the remainder of the Leased Prerises
unsuitable for thr, u£E to w:,ich it her been put immediately prior
to such tat.ine , then et 7enar,t ' t option tilt Lease sLa) 1
terrir,ett . V ,tt}er c: ne.E -',EtiCi. he far a pert c: the whc) e of
the L4EEtr: Trt'rittF , tht ewt7d , ra ) e price or ar.,unt received it
sett ]e`.ert t.-l ) 1 be ejr.:.rt: one: L.ttween Landlord and Tenant at
to) )O:E :
It Tirtt , tc th, Landlord F.] ] amounts
ettrit:,talle to the veld& cf shy lend en? tauilding
take:. . girh rucL laY end it :.rcvcrent £ tc Le valued tE
if fife 4LE' slier cf a : _ l : Ens anf er,c'1' ranted
thir lee _ ! , t',' if in the fV.•t con_ition
es at tt.: tire : f e :. . . , : : :, t}.iE 1ELFE .
TE: t : t1 . ' e::t'. . - P.) ) are.er..ti
attri`. _aF lE tc tic valet r f any ir:.roverer:ts
ccrF._% :.tE = cr. the :, Fet. F7erifer );'y Tenant an:, the
• rarkEt value of the Lear( on said portion. taken .
Ic ) Finally , t: t),E Landlord - the balance of the
if a7y .
x.ry pe:t:c. Cr pe. rty C1L : . *•_ h , tLrc' c'.. Or enter Landlord cr
7enent , ree-.- tt: vt2v , £ :.i. . . ! ...7( in L7.j eve: C , et ) EF j`rOCEE . c:
StttJECt_:: C'. 2Y C C -' L j ; . . _ . t } . : i : f ancr7atEt tc the party
1y , t:::C::: C : v-.: c .r w:.: 7. CL : . .
:r the ( Pent c : L'..t ', : cf the 4 , : ( et' the LeEfetf
It rreriseL, t:._ c ie _ rC t ::i . . . trt : Li '. t LT... all c. C?L10Cr cf the
p6rtier t: e - ... c:her ht _ . -..Ter ri,_ _ 1 cease vp:r the talanc of
F•l.yeical p:E EEL SEioa ty the condemnor or proposed condemnor and
the proceeds from said taking shall be allocated as set forth
above.
3. Is the event of the partial taking or condemning of the
Leased treat rtes bereinebove „mentioned , an8 if in such event
Tenant be not , purs=uant tc Lir rights hereunder , elect to
terminate tile Lease , the award n.an.s to 7enent for such partial
taking o: condemnation shell be used for the restoration cf
first , tLe Ltnet rrenieas end second , the h'Ji )eing to the extent
necessary tc render the etre E ccrf late unit as nearly er
p:Titbit a;:Ll ir: quality and as existed p=rior to the taking .
1t:71CLE X>:1 )
Default
3 . Side occurrence of any of the following shell constitute
e:, evert of default :
It ) Delinquency by the 7er,ant in peyr. ent of rent
ur. rthis Lease for a period of ten (10) days iron the
date such rent became due and payable .
ft ) Delinquency b;' the Tenant in the performance
We: compliance with any of the other obligations or
c tnentr of Tenant contained in this Lease , for a •
pcio' of 30 days after written notice thereof iron
Ltlord to Tenant .
I
r-ii '
(e) Filing by or against the Tenant in any court
pursuant to any statute either of the United States or
of any state , of a petStion in bankruptcy or
insolvency , or for reorganisation , or for the
appointment of a receiver or trustee , of all or a
portion of the Tenant ' s property , it within ninety 1901
days after the Corti neement of any such proceeding
Dive/vino the Tenant such petition shall not Dave been
divined .
2. In the event of di fal.lt ir. nor -payment of rent as
defined it Faregrapl. 1 (a) shove , this Leese shell automatically
terr,.inete on the date specified in Landlord ' s three (3) day
notice fcr payment of the rent rr surrender of pcisession of the
peer iEe! t:,di: ]^e:t io:. 3 ?-4C•- 1C4 (d) (1973 C . F . E. ) , if 7ere.nt
fails tt pay such rent ae denine Sr. said notice. In the event of
a deist]: it Tenant under the f rOVIFiolr of FaragrephF 3 (b) or
3Ic) e :ve , nit Ltat : Ehe ) ) Entcr,etically terminate on the date
specifier Sr. Landlord ' s three (3 ) day notice thereof under
$e;tio:. 33-CC'- 304 It ) ( Si; C.E. E . ) .
3. Vox. the e':: iretic:. of t1.is Letfe pursuant to the
pre :€—i:4 E':t; Lea :raj:, , 1 ).E ': ( r,ant E:,a : ) re-irefully FUrre7der the
LeLred Y:Ciri a tt t1.- Li :,flc : d , a:.; the 1•ar:f ) ore u:.r-r. t'r at fr '
tir : BftE: L'.:.' r : -: E?.' : ratiC :- , rEv , vitL'Ut farther nctirt ,
write: t`..t if•IE 1 trtr.irfr a rcTerseEr It t')' force , Eur.' ery
F :ore E:: ;e , E jt . ;r.e:. C : C,ti.? ry EC , a:,5 ray dispossess the
7fnar._ a'.: rEr . :C 1.Le flra. .t L'.'. all cthe: fe: E:n: an! F•rcpE : t\
fear t!.t lELFe _ ! iEi _ ! ! , tr..'. sty ),Eve , )held ant et.joy the Lea!: '
t:reri !t e:.:, the rich: tC• receive al ] rental income there frog .
' 4. > t a:.' tir•C after such tr:riretic•r., the Landlord ray
relet ea -acre' F:er: ECF Cr any part the reef , Sr, the vent- Cf the
Lertd cri C: etl.trl."jst :C : EU^.' terr (4icl. nay be c:eEter or lEFE
then. Ut pC : itI Y'.iC`. w: .): = Cthtrv: EC ).tV( CCnrtittt€ f tht
t•_) arte of t..k ter` cf the Lew ) , t :.: such confitions es the
)And : C::, it is:t ._ . Cr. ' r rt _ . . ..: ' C =rit3Cr. , ray deters . .. .
Lr:e. rtar: : : 1 : ; a :.: rc :i : ':( ti:.. re - t ! t }.t : E `ter .
L ) : r '- . .. cZ: : : :-.. c : • :.: r 2nuE r:.: : _ relieve. t :. .
_ c
:enar. it . : . '_ S e:.. C : ? ', - . - C': , vr.Cc : thie "Aare , and r'. ,.
Ira) _i)I' a:._ ti : ncitit ,.E E!.L : : Etrv)vE any such extiratit.n. _:.
the etLt of any such expiration., the Tenant shall pay to the
Landlord the rent required to be paid by the Tenant up to the
time d acct expiration, and thereafter the Tenant, until the end
of 'whatseold have been the term of this Lease in the absence of
such tegliration, shall be liable to the Landlord for, and shall
pay tot!be Landlord as and for liquidated and agreed damages for
the Te:tt' s default :
(a ) The equivalent of the enotnt of the rent
rtic'., would be payable under this Lease by the Tenant
ife).e Least were still in effect , lCEE
(t ) The net proceeds of any reletting effected
pc:r•;art to the provisions of the preceding
re:agrap). , after deducting ell of the Landlord ' s
ee:.!es in connection with such reletting , including ,
tt!tLt:t limitation , all repossesvion coste , principals '
tilt, brokerage commissions , legal expenses , attorneys '
MS, alteration costs and expenses of restorine the
re:sts to their condition at the cos.-.encer. ent of this
kut if the sane it corstrcia) )y reasonab) e .
I. The parties agree that time Sr of the essence hereof .
The plies further agree that if any payment or any other
conditic hereof is not made , tendered or performed by either the
Landlet e: Tenant as herein provided , then this Lease , at the
optitr. t the party who iE not in default , may be terminated by
such prty, in which case the non-defaulting party may recover
p sue). fr»es as may be proper . The parties acknowledge and agree
that trsetary damages may not be adequate to cure a default of
A
•
x
' yl . x • 1. •'*..tw. Ai-,,.
506 P 955 r .> -'
__
N ;;.' a
DEED OF DISTRIBUTION P,i ea
PY PERSONAL REPRESENTATIVE. as N q _, •
This Deed made by Grantor, Levone Kay ILA as ,
'arsons' Representative of the Estate of Harry Lyon, deceased.
1rantor'a address in 1127 Sunny Lane, Ann' ,, Minnesota 55303. :
2 4i•
WHEREAS, Grantor iu the qua'ified Personal Ropresenta- t, "
Live of said Estate, Probate No. 11679, Anoka County, Minnesota; 112'd... -
' WHEREAS, Grantor has caused to be recorded in the 'ice�t„t,�? ,i
Dist: .ct Court of Pitkin County, Colorado, authenticated copies
Qyt;,
')! tow following documents: , .
1. Statement of Informal Probate of Will and yf' / d 1 i ;
Order of Informal Appointment of Executor; S-.4,41;!: I t;
rf 1
2, Last Will and Testament of Harry Lyon/ d4 41,
• 3. Letters Testamentary appointing Lavone Kay ,
A,
1 ,
• Staton as Personal Representative; and "y
! ',,? `
WHEREAS, the Grantees set forth below are entitled to 4'
£.. , 'rr
distribution of the hereinafter described real property pursuant ,, ' 1 I
to the Last Will and Testament of Harry Lyon. -, i i
THEREFORE, Grantor hereby conveys, assigns, transfers, ; .i.
and releases to the following Grantees the following real , r
property in Pitkin County, Colorado: ?,
..�,3"' 2, ,..e 9
t,. To Levone Kay Staton, 1127 Sunny Lane, Anoka,: I ,j
r Minnesota 55303 t,w , ,
r .a/ An undivided one-twelfth (1/12th1 interest in and 111 }: � '
to Lots A, L, and C, Block 94, Town of Aspen, Colorado //t k,i�
To Lois Ann Hartmann, c/o Lavone Kay Staton, 1127 i .(17f k
iSunny Lena, Anoka, Minnesota 55303 it. ( Y.
An undivided one-twelfth (1/12th1 interest in and A°;c4 ,
{ to Lots A, B, and Co Block 94, Town of Aspen, Colorado x
: +1 with all appurtenances. '
41- ' Executed, �%_sa k 1986
!s a C' $ TS ooa A eA
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DEstate of Harry Lyon t .
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STATE OF MINNESOTA 1 �^� f.
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3 The foregoing instrument vas aoknovledged .betore me aryy
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V7,5 xepresentativa of tn. Raises e! Harry Lyon, deeeseed v ' rl �r
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. . wearavolatatians HOPKINS STREET INVESTMENT COMPANY 2 5 3 4 7' 5 ' . . „_
of the County of Pitkin .and State of h .
Colorado ,for the consideration of One Dollar and •:
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LORETTA BANNIO Ii L--
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other valuable consideration MINN;in hind paid. MTEM C17.RICONDIR ii
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LAVONE RAY.STATON, AS ERSONAL
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hereby mills)and quit cl RUM.)to/REPRESENTATIVE OP THE
ESTATE OF HARRY LYON, DECEASED te 77 2 io 1113 l' . . . -...
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whose address ta 1127 Sunny Lane, Anoka, MN 55303
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- ..1-,:r •1 County of .and State of ,the following real • • • i 'I • - •• i .
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property.in the County of Pitkin ,and State of Colorado,Ur Mb I; r„• :• :::-t-i•-•.,:■,1—i:- .
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An undivided one-sixth (1/6th) interest in and tot • • . :->: 1?".i•Vik,N. ,
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/ Lots A, B and C, Block 94, Town of aspen, Colorado
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BUTE OPOOLORADO. •
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: County of Garfield , . •"•• -;•---.0 -- .' • -.7%-1 1 • .- ' . ?Ilf•JcIA
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tt,1 i.,0•0`1••• •• ' •';,.. L •The(10447 Instrument was acknowledged d before me this Mat .--nr-* -- -A.:5 - -: 1 411
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.19 83 ,by W. 0. Bullock I liannizei Partner . ;;2 I, ,. • ,..41‘,.. •,
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il.•' --. - of HOPKINS STREET INVESTMENT COMPANY, a partnership. . .1.,97,:-. • .
.• 41t/a- My commission expires -
-ftri,iii..„:.:" Witness my hand and official seal • - . •
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it iutouncadenunas HOPEINS STREET INVESTMENT COMPANY 2 5 3 4 7 8 1
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I. of the County of Pitkin *and/Mato of . 1...;.g.-:. ': •• ji,
. c Colorado .for the consideration of One Dollar and
Milligt.11:101111
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h other valuable consideration Haratx.in hand said
hereby silks)and quit clalm(s)to Sfa 2t01111
1 .. JOHN E. noNULTI
,1 whose address iA 2681 Carol Place, Urand Junction, t.:
0 Colorado 81501 ' • '1/4'7".' ..• t i''''41%
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. I i County of ,and Stabs of 'the Minh*Md.::I,lik.: ..:n. [0:-.'
1! property.In the County of Pitkin
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„and State otCokeado,te wits ; te,c - - .47 , • .7.,
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:I An undivided one-sixth (1/6th) intere:.t. in and tos •• I 'V't•-; 1).f••••)1t15.? •
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Lots A, B end C, Block 94, Town of Aspen, Colorado - ;1: Ar;:-$c:-.. .17.,:t1 •C
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... , 4;• . ! I,as known as street and number .. :: 17a:4Pit!4'.1•4
m II with all Its appurtenances .-. -.: :.:r".. ' - '" 1?..,:-.•'rz.i:.1••.!1;c4z .;
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„J.•.,..:, I Seenod this 14 th day of Septembe s 19 83 .. . .- is. - 4..,•.4-;;S: ,: ?
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‘:- • t- The forrsol risbustrussant visa acknowledged before m■title lith • .../..:.:1..= , . ?IA. .,
day of. September .19 53 .by •V.- C. Buttock, managing Partner• ..-. -,a•::.- •
71 "4' • ' of SOPKUR STRUT nmurnaterr =PAM a partnership. • .•:,
.
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• . me Azt:-.., , Witmosteny hand and°Mel al seal 1 t‘.--...--
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emr. 452 . 566
atoisKationtassx HOPKINS STREET INVESTMENT COMPANY _
of the County of Pitkin ,end State of 2 5 3 4 7 7
Colorado for the consideration of One Dollar and r`
other valuable consideration Baena.in hand paid, MEIN CT.RECORDS 'y^
PRRIN OTY.RRCORDpI
hereby selllel and quit claim's)to `
GRANT E. BULLOCK TRUST StP 11 2 io Ill 13 t e '
whose address in P.O. Box 609, Glenwood Springs II 4''
County of Garfield ,and State of Colorado ,the following real I I '-a
I
. . property,In the County of Pitkin ,and State of Colorado,to wit: i ': A
. } e
O '
An undivided one-sixth (1/6th) interest in and to: •' .
. Lots A, B and C, Block 94, Town of Aspen, Colorado II
STATE P 2 719 FEE
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i SEP 2 71983 I� 3•
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.. m with all its ppurtenances I,
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' a Signed this 14th day or Septemberl9 83 ii y ' -
E Rn9RlN Ydrrg Ii Li
• o By ,4Y ���/ I r
• s nag ng Partner it ,
a II y,x:. -c
STATE OF COLORADO. iI
County of Garfield 4 ti.. >y
, The foregoing Instrument was acknowledged before me this 14th t, `t. •
• -day of September .10 83 ,by N. G. Bullock, Managing Partner `1
of 80P[IN8 STREET INVESTMENT COMPANY, a partnership. #' •
,
.Mycutemission expires ('•'i ':
',)Vaneaeeey hand and official eexl
eti a
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e r••�.t t l etramea y,,,+or.co MOM
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SPORTSTALKER
1 APARTMENTS
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' SPORTSTALRER APARTMENTS
RESIDENTIAL
GROWTH MANAGEMENT QUOTA SYSTEM APPLICATION
t
1
Prepared for
' Barham Incorporated
P.O. Box 4537
Aspen, Colorado 81612
Prepared by
Glenn Horn
' Planning Consultant
300 East Hyman Avenue
Aspen, Colorado 81611
(303) 925-6587
and
' C. Welton Anderson Architect
P.O. Box 9946
Aspen, Colorado 81612
' (303) 925-4576
TABLE OP CONTENTS
Section Page
INTRODUCTION 1
I. DEVELOPMENT DESCRIPTION 3
A. Water System 3
B. Sewage System 4
' C. Drainage 4
D. Fire Protection 4
E. Development Data 5
F. Traffic and Parking 8
G. Affordable Housing 8
H. Woodburning Devices 9
I. Proximity to Public Facilities 10
J. Proximity to Retail Outlets 10
K. Compatibility with Adjacent Land Uses 10
L. Construction Schedule 11
M. Site Utilization Maps 11
II. RESIDENTIAL GROWTH MANAGEMENT STANDARDS 19
' 1. Availability of Public Facilities 19
A. Water 19
B. Sanitary Sewer 19
' C. Storm Drainage 20
D. Fire Protection 20
' E. Parking Design 21
F. Roads 21
I
II
TABLE OF CONTENTS
ISection Page
III
2. Quality of Design 22
' A. Neighborhood Compatibility 22
B. Site Design 23
C. Trails 24
ID. Green Space 24
3 . Resource Conservation Techniques 25
IA. Energy 25
B. Water and Wastewater 25
IC. Air 26
1 4 . Proximity to Support Services 27
A. Public Transportation 27
IB. Community Commercial Facilities 27
5. Provision of Affordable Housing 28
IIII. ADDITIONAL REVIEWS 30
' A. Subdivision Approval 30
B. Conditional Use Approval for a Free
IMarket Residential Dwelling in CC 31
C. Special Review for Off-Street Parking 33
ID. Special Review for Trash Area Reduction 35
IIV. APPENDIX 36
1. April 17 , 1989 Jim Markalunas Letter 37
' 2. April 24 , 1989 Bruce Matherly Letter 38
3 . April 13 , 1989 Tony Vagneur Letter 39
I
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TABLE OF CONTENTS
Section Page
1
4 . Pre-Application Summary Sheet 40
' 5. March 29, 1989 Jerald Barnett Letter
Authorizing Glenn Horn and Welton
Anderson to Represent Barham Inc. 41
. 1
' riST OF TABLES
Table Page
I. Sportstalker Apartments Development Data 7
II. Sportstalker Apartments Population Projection 29
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1 LIST OF FIGURES
Figure Page
' I. Site and Landscaping Plan 13
II. Floor Plan 14
' III. North and West Elevations 15
' IV. East and South Elevations 16
V. Roof/Penthouse Plan 17
' VI. Surrounding Area 18
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INTRODUCTION
aBarham Incorporated is requesting a residential growth
a management quota system (GMQS) allotment for one two bedroom
residential dwelling unit and a residential GMQS exemption for four
deed restricted, affordable housing units. The applicant is
seeking to develop affordable rental apartments for employees of
the Sportstalker. The apartments are to be located on a new second
floor of the Sportstalker Building. Additional City approvals
requested by Barham Incorporated include:
* Subdivision Approval (Section 7-10) ;
* Conditional Use Approval for one Free-market
' Residential Dwelling Unit Located Above Street Level
Commercial Uses in Buildings which are not a
Historic Landmark (Section 7-3) ;
* Special Review for Off-Street Parking (Section 7-4
B. ) ; and
* Special Review for Trash Area Reduction (Section 7-
4 C. ) .
The property, located at the corner of Galena Street and
Hopkins Avenue, is zoned CC. The 9, 000 square foot parcel is
comprised of lots A, B, and C of Block 94, City of Aspen. The
' existing improvements on the lot include the 6, 025 square foot
Sportstalker Building and seven leased parking spaces located on
11
athe vacant lot east of the building.
The application is divided into the following four sections:
0 I . Development Description;
QII. Residential Growth Management Standards;
III. Additional Reviews; and
IV. Appendix
The subject site is owned by Bill Bullock and leased on a
long-term basis by Barham Incorporated. The lease is a long
document and has not been reproduced in application booklet, but
two copies have been provided separately for staff review.
Attached to the lease is a letter from Bill Bullock consenting to
the application. Additional copies of the lease or consent letter
' will be made available if requested.
The applicant has attempted to prepare a complete land use
application addressing all relevant City review standards. In the
event further information or clarification is necessary, the
applicant will be pleased to accommodate the staff to the extent
required.
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D I.
DEVELOPMENT DESCRIPTION
aThe applicant proposes to construct a second story on the
existing Sportstalker Building containing one (1) free-market, two-
bedroom apartment; two (2) moderate income, two-bedroom rental
units ; one (1) low income, two-bedroom rental unit; and one (1)
low income, one bedroom rental unit. Parking is proposed for the
east side of the lot. Access to the affordable housing units will
be exclusively from the east side of the building, while the free-
market unit will be accessed from the east and north side. This
' section describes the development in more detail by addressing the
application submission contents required by Section 8-106 B. of the
Municipal Code.
A. Water System
Section 8-106 B. 2 . (a) - "How the proposed development shall
be connected to the public water system, including information on
main size and pressure; the excess capacity available in the public
water system; the location of the nearest main; and the estimated
water demand of the proposed development."
The development will be connected to the existing six inch
water main under Hopkins Avenue. The existing pressure is 100 PSI.
As indicated in Appendix 1, a April 17, 1989 letter from Jim
' Markalunas, there is excess capacity in the City water system to
11 3
a
accommodate the development. Jim projects the development will
utilize 60 gallons of water per minute during peak utilization.
11 S. Sewage System
Section 8-106 B. 2 . (b) - "How the proposed development shall
be connected to the public sewage treatment system; the excess
capacity available in the public sewage treatment system; the
nearest location to the building site of a trunk or connecting
sewer line; and the expected sewage treatment demand of the
1 proposed development.
As indicated in Appendix 2 , a April 24 , 1989 letter from Bruce
Matherly of the Aspen Consolidated Sanitation District, the
development will be served by the closest District line located
between Hyman and Hopkins Avenues. There is sufficient treatment
capacity available to service the proposed development.
C. Drainage
Section 8-106 B.2 . (c) - "The type of drainage system proposed
to handle surface, underground and runoff waters from the proposed
development, and the effect of the development on historic drainage
' patterns."
The existing building footprint will not be altered, therefore
relatively little will need to be done to maintain the historic
drainage pattern in the area. However, the parking lot on the east
side of the building will be paved. In order to maintain historic
drainage flows in the area a dry well will be designed and
installed on site.
D. Fire Protection
i 4
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0 Section 8-106 B. 2 . (c) - " The type of fire protection systems
to be used, (such as hydrants, sprinklers, wet standpipes, etc. ) ;
I/ and the distance to the nearest fire station and its rtc :age
response time.°
The Sportstalker Building is located 160 feet from the fire
station. Fire-fighters will be able to walk from the fire station
to the Sportstalker Apartments in less than one minute. For
increased protection, sprinklers will be provided in all of the
' apartments and woodburning devices will be prohibited.
E. Development Data
Section 8-106 B. 2 . (d) - " The total development area of the
proposed development; the type of housing or development proposed;
total number of units and bedrooms, including employee housing; and
a tabular analysis outlining the proposed development' s compliance
with the dimensional and use requirements of this chapter.°
The subject lot is 9, 000 square feet in size. The applicant
proposes to construct a second story on the existing 6, 025 square
foot Sportstalker Building containing four deed restricted
' affordable housing rental apartments units and one free market
apartment. In total there will be nine bedrooms distributed as
follows: one (1) free-market, two-bedroom apartment; two (2)
moderate income, two-bedroom rental units; one (1) low income, two-
tbedroom rental unit; and one (1) low income, one bedroom rental
unit.
The Municipal Code does not contain a specific standard for
the size of trash area servicing residences in the CC zone
1 5
a
Odistrict. The standard in Section 5-209 of the Code is designed
Q for commercial, not residential space. Elyse Elliot, City of Aspen
Project Engineer, recommended that the applicant meet with Tony
Vagneur, District Manger of BFI to determine the how big the trash
area should be to serve the entire Sportstalker Building.
aAppendix 3 is a copy of Tony Vagneur' s April 13 , 1989 letter to
Elyse recommending a two yard trash container for the building
located within a trash area designed to provide three feet on each
side of the dumpster and two additional feet on the front and back.
Within the CC zone 25 per cent of a lot is to be reserved for
1 open space. During the pre-application conference, Cindy Houben
Senior Planner, indicated the Sportstalker Building is presently
non-conforming for failure to provide the required 2 ,250 square
feet of open space (refer to Pre-application Summary Sheet Appendix
4) . Cindy suggested the applicant meet with Bill Dreuding, Zoning
Enforcement Officer, to determine if the building was non-
conforming due to failure to meet the CC zone district' s open space
' requirement. At a meeting on March 22 , 1989 Bill indicated the
building was non-conforming, but the apartments could still be
constructed if the proposed building addition did not increase the
' degree of existing building non-conformity. Based upon this
Municipal Code interpretation, the applicant prepared the proposed
plan which does not increase the degree of building non-conformity.
In fact, with the proposed addition of 100 square feet of
landscaped open space, the existing degree of non-conformity is
reduced.
6
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QTable 1 presents additional development data for the proposal
IIin compliance with the Municipal Code.
Table i
ISPORTSTALKER APARTMENTS DEVELOPMENT DATA
Category Standard* Proposal
a
Maximum Height* 40 ' 36"
IMinimum Front Setback 0 ' 0 '
IMinimum Side Setback 0 ' 0 '
Minimum Rear Setback 0 ' 30 '
11 Maximum Bedroom/Lot Area 1/1000 ' 1/1000"
Maximum # Bedrooms 9 9
11 Maximum F.A.R. 1. 5: 1 1. 4 : 1
IMaximum Floor Area 13 , 500 sq. ft. 13 , 000 sq. ft.
Minimum % Open Space*** 25 % 1. 1 %
11 Open Space*** 2 ,250 sq. ft. 100 sq. ft.
Trash Area**** Not Applicable Not Applicable
IMinimum Parking Special Review 7 spaces
11 Footnotes
* The existing building is 14 ' high. The new parapet height
Iwill be approximately 16 ' +/- above the existing roof, with
a maximum of 21' +/- to the highest point. Specific final
Iheight will be determined upon preparation of final plat.
11 ** Standards based on CC zone.
*** Refer to text for explanation of non-conformity.
I **** Refer to text for trash area discussion.
7
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F. Traffic and Parking
Section 8-106 B. 2 . (f) - " The estimated traffic count
increase on adjacent streets resulting from the proposed develop-
ment; a description of the type and condition of roads to serve the
' proposed development; the total number of vehicles expected to use
or be stationed in such development; the hours of principal daily
use on adjacent roads; the on and off-site parking to be supplied
' to the proposed development; location of alternate transit (bus
route, bike paths, etc. ) ; any automobile disincentive techniques
incorporated in the proposed development; whether roads or parking
areas will be paved; and methods to be used for snow and ice
removal on streets and parking lots.
LAccording to the City of Aspen Engineering Department, the
proposed development will generate approximately 20-35 vehicle
11 trips per day. Hopkins Avenue and Galena Street are capable of
accommodating the additional traffic volumes anticipated by the
development. There will seven parking space located to the east
of the building. Since the primary residents of the structure will
be Sportstalker employees, the residents of the development will
not drive to work. The apartments will be located one block from
major transit routes on Main Street and three blocks from Ruby
Park. Snow will be plowed and stacked in the parking lots.
G. Affordable Housing
Section 8-106 B. 2 . (g) - 'U The method by which affordable
housing will be provided, in conformance with the provisions of
t 8
t
Sec. 8-109, and a description of the type and amount of such
housing to be provided."
1 The applicant proposes to satisfy the City' s affordable
1 housing standards by providing on site housing deed restricted to
the City ' s price and occupancy guidelines. Providing convenient
affordable housing for Sportstalker employees is the applicant ' s
‘ n
development objective. The development will house 19. 75 total
a LC
residents in one (1) free-market, two-bedroom apartment; two (2)
,4 S. 3 P_zf
moderate income, two-bedroom rental units; one (1) low income, two-
�.� S
bedroom rental unit; and one low income, one bedroom rental unit.
Seventy-seven (77) per cent of the total residents or 4-5-25 will
be housed in on-site affordable housing.
1 H. Woodburning Devices
' Section 8-106 B. 2 . (h) - " The type of stoves and fireplaces
to be installed, including those using wood, coal, gas or other
11 fuels, the number of such stoves and fireplaces, and any emission
control -devices used on the stoves or fireplaces."
The development will not contain any solid fuel burning
devices, however the applicant may install gas logs in the free-
market apartment. For the past few years the applicant has
permitted the City Environmental Health Department to utilize the
roof of the Sportstalker Building as the location for devices to
monitor Aspen's air quality. The applicant commits to continue to
permit the City to locate air quality monitors on the roof of the
Sportstalker, however during construction of the building the
monitors must be temporarily relocated.
1 9
1
I. Proximity to Public Facilities
Section 8-106 B. 2 . (i) - " The location of the proposed
' development relative to proposed or existing parks, playgrounds,
schools, hospitals, airports, mass transit systems, and the
estimated increased usage of such facilities by the proposed
11 development."
The subject site is located in downtown Aspen in proximity to
parks, trails and the mass transit system. Connors Park is located
just across Hopkins Avenue while active recreation is available at
Herron Park, the Rio Grande and Wagner Parks within three blocks.
The airport and hospital are accessible via Main Street, one block
north. The 19 . 75 residents to be housed in the development should
not overburden public facilities.
J. Proximity to Retail Outlets
Section 8-106 B.2 . (j ) - " The location of the proposed
tdevelopment relative to existing and proposed retail and service
outlets, and the estimated increased demand on such outlets from
the proposed development. This does not apply for a Development
11 Most for commercial/office development."
Most of Aspen' s retail facilities are located within walking
distance of the development. Increased demand on retail outlets
from this development should be negligible.
R. Compatibility with Adjacent Land Uses
Section 8-106 B. 2 . (k) - " The effect of the proposed
development on adjacent land uses."
1 Although the development is located in the commercial core,
10
11 multi-use commercial and residential developments are common in the
area. The City Plaza, Brand and Collins Buildings are all
comprised of retail space at street level with residential space
on upper floors. Not everyone likes to live in downtown Aspen, but
many people enjoy the convenience of the urban environment. The
proposed use of the Sportstalker Building is consistent with
surrounding land uses.
L. Construction Schedule
Section 8-106 B.2 . (1) - " The construction schedule for the
proposed development, including, if applicable, a schedule for
1 phasing construction."
If the application is approved, development is proposed for
' the spring or fall of 1990.
M. Site Utilization Maps
Section 8-106 B.3 . - " A site utilization map including:
1 (a) Preliminary architectural drawings in sufficient detail
to show building size, height, materials, insulation, fire-
, places, stoves, solar energy devices (demonstrating energy
conservation or solar energy utilization features) , type of
units, internal configuration of principal, accessory and
other spaces, and location of all buildings (existing and
proposed) on the site.
' (b) Proposed landscaping, screening, attempts at preserving
1 natural terrain and open space, amenities to be provided on-
site, and proposed underground utilities.
(c) Motor vehicle circulation, parking, bus and transit stops,
11
1
11 and improvements proposed to insure privacy from such areas.
11 (d) Any major street or roads, pathways, foot, bicycle or
equ•:strian trails, and greenbelts.
11 (e) A general description and location of surrounding existing
land uses, and an identification of the Zone District boundary
1 lines,if applicable.
Refer to the following Figures:
Figure 1 : Site and Landscaping Plan;
IFigure 2 : Floor Plan;
Figure 3 : North and West Elevations;
Figure 4 : East and South Elevations;
Figure 5: Roof/Penthouse Plan; and
Figure 6: Surrounding Area.
1
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ii.
RESIDENTIAL GROWTH MANAGEMENT STANDARDS
This section addresses the residential growth management
review standards. In certain instances references are made to
Section I, Development Description, for more detailed responses to
' the standards.
1. Availability of Public Facilities and Services
The developments impact on public facilities and services is
described in this section.
A. Water (maximum 2 points)
Section 8-106 E. (1) (a) - " Considering the ability of the
water supply system to serve the proposed development as well as
the applicant's commitment to install any potable water facility
' extensions or treatment plant, or other facility upgrading required
to serve the proposed development."
Jim Markalunas, Director Aspen Water Department, indicates
within the letter in Appendix 1, that the proposed project may be
handled by existing public facilities. The applicant commits to
' meet Code standards.
B. Sanitary Sewer (maximum 2 points)
Section 8-106 E. (1) (b) - " Considering the ability of the
sanitary sewer system to serve the proposed development as well as
the applicant' s commitment to install any sanitary system
extensions or treatment plant, or other facility upgrading required
' 19
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to serve the development."
I . Bruce Matherly, District Manager Aspen Consolidated Sanitation
District, indicates within the lettar in Appendix 2 , that the
Sanitation District can serve the development with existing
facilities. In a telephone conversation on May 1, 1989 with Tom
1 Bracewell, Line Superintendent, Tom indicated that the existing 8"
Galena Street line is capable of serving the development. The
'
applicant commits to meet Code standards.
C. Storm Drainage (maximum 2 points) .
Section 8-106 E. (1) (c) - " Considering the degree to which the
1 applicant proposes to maintain historic drainage patterns on the
development site. If the proposed development requires use of the
1 City' s drainage system, consideration of the commitment by the
applicant to install the necessary drainage control facilities and
to maintain the system over the long-term shall be made."
tThe building footprint will not be changed, therefore it will
be easy to maintain historic drainage patterns. However, it will
' be necessary to place a properly sized dry-well on the site to
compensate for the paving of the parking lot which is presently a
gravel lot. The applicant commits to maintain historic drainage.
E. Fire Protection (maximum 2 points)
Section 8-106 E. (1) (d) - " Considering the ability of the fire
' department to provide fire protection according to its established
' response standards without the necessity of upgrading available
facilities; the adequacy of available water pressure and capacity
' for providing fire fighting flows; and the commitment of the
20
applicant to provide any fire protection facilities which may be
' necessary to serve the project.°
The fire station is located within 160 f,aelL of the
development. The Aspen Fire District will be capable of serving
the building. The applicant will install a sprinkler system.
E. Parking Design (maximum 2 points)
' Section 8-106 E. (1) (e) - ° Considering the provision of
adequate off-street parking spaces to meet the needs of the
proposed development, pursuant to the requirements of Art. 5, Div.
2 , and considering their visual impact, the amount of paved
surface, and the convenience and safety of the spaces provided.°
' Parking for affordable housing is established by special
review. The applicant is proposing seven parking spaces located
east of the building. The parking lot will be paved and screened
by a landscaped area as depicted in Figure 1. The applicant
believes the parking to be provided will adequately serve the
development. Due to the convenient downtown location most residents
of the development will not need a car.
F. Roads (maximum 2 points)
Section 8-106 E. (1) (f) - " Considering the capacity of major
' roads to serve the proposed development without substantially
altering existing traffic patterns, creating safety hazards or
maintenance problems, overloading the existing street system or
' causing a need to extend the existing road network. Considering the
applicant's commitment to install the necessary road system
improvements to serve the increased usage attributable to the
' 21
1
' development.°
' The development is projected to generate between 20 and 35
vehicular i.r _ps per day. According to the City Engineering
' Department, the development can be adequately served by the
existing road system without the need for capacity increases.
2 . Quality of Design
' Quality of design is rated in this section. The subject site
is located within the downtown Historic Overlay Zone District. On
Wednesday, April 26, 1989 the Aspen Historic Preservation Committee
considered the proposal at a public hearing and granted the
development Conceptual approval subject to minor conditions.
A. Neighborhood Compatibility (maximum 3 points)
Section 8-106 E. (2) (a) - ° Considering the compatibility of
1 the proposed development (including its scale, siting, massing,
height and building materials) with the land uses in the sur-
rounding neighborhood.°
Welton Anderson, Project Architect, met with Roxanne Eflin,
Planner, on March 17, 1989 to discuss design options for the
building. Roxanne suggested the addition be as "quiet" as possible
and not try to compete with the historic landmarks surrounding the
Sportstalker Building.
Welton originally tried to minimize the visual impact of the
new second floor by stepping it back from the first floor and
' hiding it within a roof. This approach accentuated the horizontal
character of the building in what is predominantly a vertical
' neighborhood and was not compatible with the character of the
22
nearby designated historic structures.
' Instead of the original approach, Welton has designed an
addition which generally adheres to Chapter V of the City of
Aspen' s Historic Landmark Development Guidelines. The building
features a rectangular solid second floor with vertical windows
over the existing first floor storefront. The design is consistent
' with the Guidelines and is compatible with the massing of the Elk's
building, Wheeler Block and Brand Building, yet because the
' Sportstalker Building is much lower than the adjacent Elks
building, the design will not compete with the adjacent structure.
The mixed use of the building is consistent with the use of
the City Plaza, Brand and Collins Buildings.
B. Site Design (maximum 3 points)
Section 8-106 E. (2) (b) - •1 Considering the quality and
character of the following components of the proposed development:
landscaping and open space areas; the amount of site coverage by
buildings; the extent to which clustering of development is used
to preserve key features of the site; the amenities provided for
' residents such as bike racks, recreation facilities, bus shelters
and similar improvements; the extent of underground utilities; and
' the arrangement of improvements for efficient circulation,
including access for service, increased safety and privacy, and
provision of snow storage areas.
' Given the limited amount of land available on-site and the
urban setting, the site design is limited. In spite of the
' limitations, the applicant is proposing a bike rack and a
' 23
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landscaped area on the northeast corner of the lot to screen the
parking lot and a bike rack. The landscaped area will replicate
the small landscaped area behind the Elks Building t.ri Hyman Avenue.
Additionally, the site design proposes a roof patio to be used by
all apartment residents. Access to the affordable housing
apartments will be exclusively from the east side of the building,
while the free-market unit will be accessed from the east and
north.
C. Trails (maximum 3 points)
Section 8-106 E. (2) (c) - " Considering the provision of
' pedestrian and bicycle ways and the provision of links to existing
parks and trail systems, whenever feasible."
tThere are no trails on the site, nor are there any trails
' called for in the Aspen Area Comprehensive Plan: Open
Space/Parks/Recreation/Trails Element. The subject site is
accessible to the City sidewalk system.
D. Green Space (maximum 3 points)
Section 8-106 E. (2) (d) - " Considering the amount of vegetated
open space in the proposed development which is usable by the
residents of the proposed development, and offers relief from the
' densities of surrounding development."
As noted in the site design section, a small landscaped area
is proposed on the northeast side of the site. The landscaped area
' is intended to provide a transition between the sidewalk and the
parking lot.
1
24
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' 3 . Resource Conservation Techniques
The developments resource conservation techniques are
describe' in this section.
A. Energy (maximum 2 points)
Section 8-106 E. (3) (a) - "" Considering the extent to which the
proposed development will use passive and/or active energy
conservation techniques in its construction, including but not
' limited to insulation, glazing, passive solar orientation,
efficient heating and cooling systems and solar energy devices; the
extent to which the proposed development avoids wasting energy by
' excluding excessive lighting and inefficient woodburning devices;
and the location of the proposed development, relative to whether
solar gain can be expected to reasonably result in energy
conservation.
The exterior of the building shall be wrapped with an
infiltration barrier wrap such as Tyvek. Insulation values for the
buildings walls and roof will be R-30 and R-40 or better. The City
standard is R-20. High quality Low E windows will be utilized
within six feet of the floor to reduce energy loss. State-of-the-
art efficient heating systems will be utilized. A skylight made
' of the highest possible R value glass will be placed in the free-
market unit to take advantage of passive solar heating gain.
' B. Water and Wastewater (maximum 2 points)
Section 8-106 E. (3) (b) - " Considering the extent to which
the proposed development will use water conservation techniques
' such as water conserving plumbing fixtures or wastewater reuse
' 25
1
systems or will conserve surface water resources through
' irrigation, sprinkling, ponding and similar site enhancements, and
considering whether the applicant dedicates water rights to the
' City of Aspen.°
Plumbing fixtures and fittings will be a low-flow-water
consumption type and incorporate faucet aerators and shower heads.
' Plumbing will be insulated to reduce hot water consumption. The
water heaters will be the latest state-of-the-art electric or gas
' water heaters.
C. Air (maximum 2 points)
Section 8-106 E. (3) (c) - " Considering the effect of the
' proposed development on the City's air quality, including but not
limited to whether fewer or cleaner woodburning devices than
' allowed by law will be installed; whether existing dirty burning
devices will be removed or replaced by cleaner burning devices;
' whether dust prevention measures are employed on the unpaved areas;
and whether any special emission control devices are used.°
1 There will be no new excavation on-site, therefore there will
' be no airborne dust from excavation. The parking lot will be paved
to reduce dust. There will not be any woodburning devices. The
' applicant will continue to allow the City Environmental Health
Department to maintain air quality monitors on the roof of the
building. However, the monitors will have to be temporarily
relocated during construction
' 26
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' 4. Proximity to Support Services
The development's relationship to s;.pport services is
' described in this section.
A. Public Transportation (maximum 3 points)
Section 8-106 E. (4) (a)
1 -- Proposed development is located further than six (6)
' blocks walking distance from an existing bus route.
' 2 -- Proposed development is located within six (6) blocks
walking distance of an existing bus route.
3 -- Proposed development is located within two (2) City
blocks walking distance of an existing bus route.
The development is located one block from Main Street. All
' of the City bus routes utilize Main Street.
B. Community Commercial Facilities (Maximum 3 points)
' Section 8-106 E. (4) (a)
1 -- Proposed development is located further than six (6)
blocks walking distance from the commercial facilities
in the City.
2 -- Proposed development is located within six (6) blocks
' walking distance of the commercial facilities in the
City.
' 3 -- Proposed development is located within two (2) blocks
walking distance of commercial facilities in the City.
Commercial facilities are located in the same building as the
proposed development. The Hyman Avenue Mall is one block to the
' 27
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' south.
5. Provision of Affordable Housing
tSection 8-106 E. (5) (a) (b) - I' Each Development Applicat.ica
' shall be assigned points for the provision of affordable housing
which complies with the housing size, type, income and occupancy
' guidelines of the City, and with the provisions of Sec. 5-109.
Points shall be assigned as follows:
i) One (1) point shall be assigned for every five (5%)
' percent of the proposed development that is
restricted to use by occupants meeting the low
' income price guidelines and low income occupancy
limitations;
' ii) One (1) point shall be assigned for every ten (10%)
' percent of the proposed development that is
restricted to use by occupants meeting the moderate
' income price guidelines, and moderate income
occupancy limitations;
' iii) One (1) point shall be assigned for every twenty
' (20%) percent of the proposed development that is
restricted to use by occupants meeting the middle
' income price guidelines and middle income occupancy
limitations."
' The Sportstalker Apartments will contain one (1) free-market,
two-bedroom apartment; two (2) moderate income, two-bedroom rental
units; one (1) low income, two-bedroom rental units; and one low
income, one bedroom rental unit. As previously noted, the
' 28
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applicant is pursuing the development to create housing for
existing Sportstalker employees. Table 2 shows the generation of
1 residents based upon the standards in Section 8-106 E. (5) . The
1 development is projected to house 19 . 75 people. Approximately 77
per cent (15. 25 people) will be housed on-site in dwelling units
' restricted to income and occupancy guidelines. Approximately 31
per cent (6. 25 people) of the total population generated by the
development will be housed on-site in low income dwelling units.
A total of 6 . 3 points should be awarded for on-site, low income and
occupancy dwelling units. Approximately 45 per cent (9 people)
will be housed on-site in moderate income dwelling units. A total
of 4 .5 points should be awarded for on-site, moderate-income,
rdwelling units.
In summary, the development is entitled to a score of 10.8
points for provision of affordable housing.
1
Table 2
' SPORTSTALKER APARTMENTS POPULATION PROJECTION
Unit Type People/Bdr. Population
1 Free-market 2 Bdr. 2 .25 4 . 5
2 Moderate 2 Bdr. 2 .25 9 . 0
1 Low 2 Bdr. 2 .25 4 . 5
1 1 Low 1 Bdr. 1.75 1. 75
Total 19.75
29
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xzz.
Additional Revir;wr
' This Section addresses the following additional reviews
' identified by Cindy Houben during the pre-application conference
as noted on the Pre-application Summary Sheet (see Appendix 4) :
1 * Subdivision Approval (Section 7-10) ;
* Conditional Use Approval for a Free-market
Residential Dwelling Units Located Above Street
1 Level Commercial Uses in Buildings which are not a
Historic Landmark (Section 7-3) ;
* Special Review for Off-Street Parking (Section 7-4
B. ) ; and
* Special Review for Trash Area Reduction (Section 7-
4 C. ) .
A. Subdivision Approval
Section 3-101 of the Municipal Code defines subdivision to
' include land to be use for "apartments or any other multiple-
dwelling units. " Therefore, the Sportstalker Apartments are
' subject to the full subdivision requirements of the Code. After the
pre-application conference, Alan Richman, Planning Director,
' discussed the risks and costs of preparing a complete subdivision
' plat simultaneously with residential GMQS submission. Alan
suggested that we postpone the preparation of the subdivision
submission requirements until after GMQS approval is granted, but
' 30
address the subdivision standards in Section 7-10. Responses to
' the standards appear in this section.
1. General Requirements (Section 7-1004 C. [1] )
' The proposed subdivision is consistent with the Aspen Area
Comprehensive Plan. Existing land uses in the site vicinity and
will not adversely affect the future development of surrounding
' areas. As demonstrated in this section of the application the
subdivision complies with the City subdivision standards.
2 . Suitability of Land for Subdivision (Section 7-1004 . C. [2 ] )
The land proposed for subdivision is located in downtown Aspen
' and is not affected by environmental hazards. Public facilities
are readily available to serve the subdivision.
3. Improvements (Section 7-1004 C. [3] )
' All of the improvements will be provided for as required.
4. Design Standards (Section 7-1004 C. [4] )
' The development shall comply with all of the design standards.
Since land subdivision is not involved, many of the standards are
not applicable with the exception of storm drainage and easement
' standards. The applicant commits to maintain historic runoff
patterns and to provide reasonable utility easements as may be
' required.
B. Conditional Use Approval for a Free-market Residential
Dwelling Unit Located Above Street Level Commercial Uses in
' Buildings which are not a Historic Landmark
A free-market residential dwelling unit in the CC zone is
subject to Conditional Use Approval by the Planning and Zoning
' 31
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Commission. This section addresses the five Municipal Code
standards for Conditional Use approval .
1. Section 7—:a63 A. - " The conditional use is consistent with
' the purposes, goals, objectives and standards of the Aspen Area
Comprehensive Plan, and with the intent of the Zone District in
which it is proposed to be located."
The proposed free-market residential dwelling unit above
' commercial space is consistent with the mixed uses proposed for
downtown Aspen by the 1973 Aspen Land Use Plan. The intent of the
CC Zone includes provisions for "long-term residential uses" (refer
to Section 5-209 B. ) .
2. Section 7-304 B. - " The conditional use is consistent and
' compatible with the character of the immediate vicinity of the
' parcel proposed for development and surrounding land uses, or
enhances the mixture of complimentary uses and activities in the
' immediate vicinity of the parcel proposed for development."
The location of residential dwelling units in the downtown
enhances the urban environment of Aspen by bringing a mix of land
' uses to the downtown. The applicant proposes to utilize extra
measures to soundproof all of the Sportstalker Apartments to reduce
disturbances from service vehicles and rowdy drunks who frequent
Aspen streets after the bars close. Residential dwelling units
above street level are common in the immediate site vicinity-
' 3. Section 7-304 C. - "The location, size, design and operating
characteristics of the proposed conditional use minimizes adverse
effects, including visual impacts, impacts on pedestrian and
' 32
1
1
vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.°
The proposed residential dwe'.iling unit will not adversely
affect surrounding properties.
4. Section 7-304 D. - ° There are adequate public facilities and
services to serve the conditional use including but not limited to
' roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical
services, drainage systems, and schools.°
As demonstrated in the GMQS submission, there are adequate
' public facilities available to adequately serve the residential
development proposed for this building.
5. Section 7-304 E. - ° The proposed conditional use complies
with all additional standards imposed on it by the Aspen Area
Comprehensive Plan and by all other applicable requirements of this
tchapter.°
Compliance with other sections of the Municipal Code has been
1 demonstrated within this application.
C. Special Review for Off-Street Parking for Affordable Housing
Section 5-3 requires two parking spaces for every 1, 000 square
feet of net leasable area. Based upon this standard, the
Sportstalker Building is non-conforming due to the lack of 12 off-
street parking spaces to service the existing 6, 025 square feet of
' commercial space. There are presently seven parking spaces located
on the east side of the subject site which are leased to other
business people working in the area. None of the parking spaces are
' 33
business people working in the area. None of the parking spaces are
utilized by customers of the Sportstalker. In fact, if a customer
1 of the Sportstalker parks in the parking lot his or 1:2r car will
be booted. Prior to the adoption of the new land use regulations
in the spring of 1988, there was not a parking requirement in the
' CC zone district for retail space.
The entryway and staircase to the free-market unit will
utilize existing leasable retail space. The reduction of the net
leasable commercial space will slightly reduce the non-conformity
of the building due to the lack of parking for the retail space.
According to Section 5-3 of the Municipal Code two parking
spaces are required to serve the proposed two bedroom free-market
residential apartment and the parking for the affordable housing
' is established by special review pursuant to Section 7-404 B. . The
applicant proposes to provide the two required parking spaces for
the free-market dwelling unit on-site and five on-site parking
spaces for the affordable housing units.
Section 7-404 B. (2) establishes the following standard to
' evaluate the applicants special review parking request:
"In all other zone districts, the applicant shall demonstrate
' that the parking needs of the residents, guests and employees
of the project have been met, taking into account potential
uses of the parcel, its proximity to mass transit routes and
the downtown area, and any special services, such as vans,
11 provided for residents, guests and employees. "
The proposed development is located in downtown Aspen and is
34
1
It is anticipated that most residents of the development will work
downstairs in the Sportstalker. Based upon the location of the
development. raid proposed use, the applicant feels the proposed
' parking plan is acceptable.
City officials need to be very sensitive to the parking issue.
The Sportstalker Apartments will primarily be an affordable housing
project. If the City requires significant parking exactions from
the applicant the financial feasibility of the development is
questionable.
D. Special Review for Trash Area Reduction
1 Section 5-209 of the Code establishes the standards for trash
areas in the CC Zone based upon the amount of net leasable area in
a building. The standard is not applicable to the Sportstalker
' Apartments. Elyse Elliot, City of Aspen Project Engineer,
recommended contacting Tony Vagneur of BFI to determine the size
of the trash area. Appendix 3 is a copy of a letter from Tony to
Elyse. If trash is picked up on a daily basis, Tony recommends a
two yard trash container to serve both retail and residential uses
located within a trash area designed to provide three feet on each
side of the dumpster and two additional feet on the front and back
1 of the container. The application incorporates a trash area
designed based upon these standards.
1
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35
1
Appendix 1
r�
t
I CITY 1 , i+ �;� es PEN
130 •,.;A;1)1÷ v �ti.reet
,April 17, 1989 asp • ' I, 1-6. ' ` = 611•I 47-trliz:FAi I ",
IMr. Glenn Horn
300 E. Hyman, Suite B
'Aspen, CO 81611
Dear Glenn,
,In response to your letter and questions of 4/17/89 :
11) Property developer will need to connect to the water main located in Hopkins St.
Assuming that this is to be a fire line, there will be a 6" x 4" tap made at the main and
E a valve located at this point.
! v
2) The distribution main in Hopkins at this location is 6" and the main pressure is
approximately 100 psi.
!3 ) There is excess capacity at this point in the City system to accommodate the
property development.
4) Hopkins St.
15) The estimated water demand cannot be given until the actual plans are reviewed
in order to determine the ECU. Assuming a 1 ECU/apt as an average, the water
'demand will be equal to 7 ECU's which would be approximately equivalent to 60 gpm
▪during maximum demand periods. Given the pressure at this location, we would
consider a 1 1/2" domestic service as adequate for these 7 units. However, the
!developer may elect to put in a 2" service if the total connected ECU's are in excess of
8 ECU.
,Lastly, as we discussed, I have been requested to consider relocating the hydrant on
Hopkins and Hunter due to the fact that the hydrant is located in the sidewalk and
interferes with pedestrian traffic. It has been the long range objective of the Water
•Dept to install fire hydrants on the south side of Main St. so that in the event of a fire,
it is not necessary to cross Main St from existing hydrants located on the north side of
,Main St. Presently, there is no hydrant at the intersection of Hopkins and Main, and
relocating the hydrant at Hopkins and Hunter, to Hunter and Main, would be desirable.
' inter ly
Ji Mar4ca unas, irector
pen Water Dept.
I
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Appendix 2
' .aspen Consolidated Sanitation Distlrict
565 North Mill Street
Aspen, Colorado 81611
•
Tele. (303) 925 3601 Tele. (303) 925-2537
' April. 24, 1989
Glenn Horn '-
Planning Consultant
,
300 East Hyman :Ave, Suite B
Aspen, CO 81611. r- --
a r:
Dear Glen .
h-:... "".cif`;w...- '
1,This letter;_,t„is 'written to answer
reliminar your questions regarding your
' -i ' P y plans.-to add four (4) two bedroom apartments and one
( 1 ) one bedroom apartment above the Sportstalker building at the - .
corner: of Hopkins and-.Galena. After your plans are developed into
an application, we would still like to review these through the
planning office ' _
;r
A this time the .District does have sufficient treatment capacity '
Mto„ serve : thisproject. The nearest District line is located
�" ,;between...Hyman ..and 'Hopkins St. The apartments will need a separate
"service line and "tap.: to the District collection system. We will
need-" to see detailed drawings in order to provide more
' information, 'particularly for estimating flows. We do have a
. considerable amount of line repair and rehabilitation scheduled
for `'this = general.' area, this summer. With the very large
<development : that. has taken place to the east of this . area •
previously, ' I would encourage you to contact Tom Bracewell our
line superintendent to confirm the availability of line capacity.
Sincerely,
irBruce .Matherly
_ District Manager N;�, ,
+ ti
..?.;-.:-::.1...4.14,..,-.;,,,,,i;;:
t }
-.x - .
TM •
A a
Sk", e
,; s:
IAppendix 3
I
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IIApril 13 , 1989
I Elyse Elliot
Project Engineer
City of Aspen
I 130 S. Galena Street
Aspen, Colorado 81611
I Dear Elyse,
I have been contacted by Glenn Horn regarding the trash area
II requirements for the proposed addition to the Sportstalker building
I located at 204 S. Galena. I understand Barham Inc. is proposing
to construct one 2-bedroom free market apartment, three 2-bedroom
employee restricted apartments and one 1-bedroom employee
Irestricted apartment on a new second floor of the building.
If their are daily pick-ups, a two yard trash container will be
I required to adequately serve the proposed apartments and existing
retail space in the building. Three feet of space should be
provided on each end of the dumpster and two feet on the front and
I back to make it easy to remove the dumpster from the trash area.
Please give me a call if you have any questions.
' _S_i,ncer 1 1,
(9jDManager
II
I41389 . EE
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1
Appendix 4 u -A. ,it-,_,�
ICITY OF ASPEN \ r_e-s - G , r , -----
3/8/89 PRA.-APPLICATION CONFERENCE SUMAAR
J
IPROJECT: 51°0( I c Si Q.h9.
APPLICANT'S REPRESENTATIVE:1j10n Yl cdp•c9fn
IREPRESENTATIVE'S PHONE: 5- ,;>> %
OWNER'S NAME: . ua,rw i n c., -
I
I1. Type of Application:75 m p KS It F+13(.-• MA-7.1 V/
2 . Describe action/type of development being requested: afri.
I - rlo 6,chi-,SLa Lilt — ,t , -r' 6 m P am�� .�ti41.,
F M - E rn P r Uct_,� Ls s` a
. 11Aee `//A^ l t__ (n42- a4Y A/ - Aim
I 3 . • reas is whicif Applicant has been requested to respond,
types of reports requested:
Policy Area/
IReferral Agent Comments
I ' I - a s1.) pal--2-- - 1
I H-oiKIni - &Lai re;k.;,c,`-t..,o /5t , a c - J
-Fs - 1
I J C
9
1 4. Review is: (P&Z Only) (CC Only) S
5. Public Hearing: (NO) 1
• 3�0
I 6. Did you to •plicant to submit list of U/ PROPERTY
OWNERS? 4 (NO) Disclosure of Ownership: (NO)
S, 8 a
1 7. What fee was applicant requested to submit: ';7oc +- I?S {app �0-2
(Nrsa, [ent)
8 . Anticipated date of submission: M0.f . 3 15
L , 9 . COMMENTS/UNIQUE CONCERNS:- 6 VYl P C2-141R-Q. CH Ma--1 IS 089
R -qs) -ems. — 1'Y)U S+ it t,..4$ ConCtr>it . Q ���.' ib--..-Lei 'ter^
1 °b t 7 * PC r Nt1C3
.duth-A-nc 5.,....)„,,,r. )— IV -d--i 151--1 cip,...._ esp 40--(?)C6'\-6Irmi v-1 il 8ta Dr 7-Th- A ,=,
resit., o&-z-4_, uhi, K9ue4J Spcc. v?C A c-i
Appendix 5
I
I Barham Incorporated
Box 4357
Aspen, Colorado 81612
I
March 29 , 1989
Mr. Alan Richman
Aspen-Pitkin Planning Office
I 130 South Galena Street
Aspen, Colorado 81611
Dear Alan,
Barham Incorporated authorizes Glenn Horn and Welton Anderson to
' represent the corporation in preparing and presenting a land use
application to the City of Aspen for approval of a residential
addition to the Sportstalker building located on the corner of
Hopkins and Galena Street. If you have any questions please call
me at 925-6434 . Thank You.
•
r
(Sin erely
deral Barnett
Barham Incorporated
I
32989 .AR
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