HomeMy WebLinkAboutcoa.lu.gm.Tippler Townhomes 535 Dean St.A080-972737-182-96-033 A080-97
Tippler TownhomesGMQS Allotment;Subd
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Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63885-268
Public Right -of -Way
-63875-046
Zoning & Sign Permit
-MR011
Use'rax
10000-67100-383
Park Dedication
' 15000-63050480
AH Commercial
15000-63065482
AH Residential
County Land Use Application Fees:
00113-63800-033 Deposit
-63805-034 Flat Fee
-63820-037 Zoning
-63825-038 Board of Adjustment
Referral Fees:
00113-63810-035
County Engineer
00115-63340-163
City Engineer
62023-63340-190
Housing
00125-63340-205
Environmental Health
00113-63815-036
County Clerk
00113-63812-212
Wildlife Officer
Sales:
00113.63830-039 County Code
-69000-145 Copy Fees
Other
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Total
Date. Check/��;X-1;11�
Project:
Case No:
No. of Copies _�30
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PARCEL ID: 2737-182-96-033 DATE RCVD: 10/31 /97
CASE NAME-] Residential GMQS Allotment; Subdivision; GMQS
PROD ADDRI 535 Dean Street CASE TYI
# COPIESI 30 CASE NO A080-97
Exemption for Afforda j PLNR:Mitch Haas
OWN/APPt Kettle Corporation ADR P.O. Box 8030 CIS/Z: Aspen, CO 81612 925-3152
REPI Vann Associates ADR: 230 E Hopkins Ave C/S/Z: Aspen, Co 81611 925-6958
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FEES DUE: 2160+270+165+310=29 FEES RCVD 2160+270+165+310=29
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REFERRALS City Engineer, Parks, Env Health, Fire Marsha
MTG DATE REV BODY'` TI
- , DATE OF FINAL ACTION:
REMARKS BOCC\CC:�
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CLOSED: / 7 t BY:1 BOA:
HRG OFF:
PLAT SUBMITD: PLAT (BK,PG). �� ADMIN
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and associates
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE 9701925-4755
FACSIMILE 9701920-2950
November 14, 2001
Ms. Julie Ann Woods
Community Development Director
Community Development Department
Aspen, Colorado 81611
RE: Insubstantial Amendment to a P.U.D.
Tippler Townhomes
535 Dean Street
Aspen, Colorado 81611
Dear Ms. Woods,
As architects for the Tippler Townhome project and representatives of Kettle Corporation, the
owners, we are requesting confirmation & approval for an Insubstantial Amendment to the
P.U.D. for this project. This is in accordance with the Subdivision Improvements Agreement &
Ordinance 6 (Series of 1998), as well as a memorandum to your office from Sarah Oates, Zoning
Officer, dated Dec. 21, 2000.
Since your signing of that memorandum on Feb. 1, 2001 (copy attached), several changes have
been made to the floor plans & exterior elevations of the building at the request of the owner and
marketing consultants. We are submitting this letter and drawings as a follow-up to your review
of those changes submitted in August. At that time you expressed concern about some of the
exterior design changes that were made.
We would like to express that our goal has been to maintain the scope of the project as it was
originally intended, and although the building has evolved from the original submittal, the size,
square footage, and character of the project is consistent with "mining building" theme that was
originally approved. We have also responded to your request to re-evaluate the windows as
regards the residential design standards and the roof structures so as to create a more individual
character to each unit.
b i*t
PanPdassociates
We hope you will agree that the information we are presenting today is in harmony with the
original proposal, and that we can proceed with the development of this project. The owner is
prepared to submit this project for permit based on the resolution of this matter. We look forward
to your response to this submittal at your earliest convenience.
-k--
Pr-ge R. Widde A.I.A.
-oject Manager
ill Poss & Associates, Architects
•0 •0
November 14, 2001
ASPEN • hITKIN
COMMLNITY DEVELOPMENT DEPARTMENT
George Winne AIA
Project Manager
Bill Poss and Associates, Architects
Re: Tippler Townhomes GMQS Amendment
Dear George:
I have reviewed your letter dated November 14, 2001, and the associated drawings dated
November 6, 2001, regarding architectural changes to the Tipler Townhomes project. I
have also reviewed the entire plan set with you during our meeting today.
I believe these changes are insubstantial modifications having no effect of the conditions
or representations of the original development order issued pursuant to Ordinance 6,
Series of 1998. Please allow this letter to represent my review and approval, pursuant to
Section 26.470.110(A)(2), of the insubstantial amendment to your Growth Management
approval and development order.
Please contact me if you have any questions about the foregoing. 920.5090..
Sincerely,
kulieWoods, MLA, AICP
y Development Director
City of Aspen
Att: Letter dated November 14, 2001.
Project elevations dated November 6, 2001.
130 Sa i GALENA STREET • AsPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439
Printed on Recyded Paper
Is
SUBDIVISION AGREEMENT
FOR
TIPPLER TOWNHOMES SUBDIVISION
THIS SUBDIVISION AGREEMENT is made and entered into this � S day of
AZ4t- Q_,1_2 / , 1998, by and between THE CITY OF ASPEN, COLORADO, a
municipal corporation (hereinafter referred to as the "City") and the KETTLE
CORPORATION, a Colorado corporation (hereinafter referred to as the "Owner").
WITNESSETH:
WHEREAS, Owner has submitted to the City for approval, execution and recordation a
Subdivision Plat (hereinafter referred to as the "Subdivision Plat") of a tract of land situated
within the City of Aspen, Colorado at 535 Dean Street and more particularly described as Lots L,
M, and N, Block 97, Aspen Townsite; Lot 1, Tipple Woods Subdivision; and Lot 2, Gannon's
Entry in the NW 1/4 of Section 18, Township 10 S., Range 84 W., of the 6th P.M., City of
Aspen, County of Pitkin, State of Colorado, said property being hereafter designated as the
"Tippler Townhomes Subdivision"; and
WHEREAS, pursuant to Resolution 98-06 of the Aspen Planning and Zoning
Commission, City Council Resolution 16 (Series of 1998), and City Council Ordinance No. 6
(Series of 1998), the City has fully considered the Subdivision Plat, the proposed development
and improvement of the lands therein, and the effects of the proposed development and
improvement of said lands on other adjoining or neighboring properties and property owners; and
WHEREAS, under the provisions of Ordinance No. 6 (Series of 1998) adopted by the
City Council on May 26, 1998, the City approved the application of the Tippler Townhomes for
Subdivision and imposed certain conditions and requirements in connection with its approval of
the Subdivision and its execution and recordation of the Subdivision Plat, such matters being
necessary to protect, promote and enhance the public welfare; and
WHEREAS, the Owner is willing to acknowledge, accept, abide by and faithfully perform
the conditions:uld Millire1110nts imposed by the City in approving the Subdivision and Subdivision
Plat; and
WHEREAS, under the authority of Section 26.88.050 of the Aspen Municipal Code, the
City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by
the Owner.
NOW THEREFORE, for and in consideration of the premises, the mutual covenants
herein contained, and the approval, execution and acceptance of the Subdivision Plat for
recordation by the City, it is mutually agreed as follows:
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• A. Subdivision Improvements
1. Prior to issuance of the final Certificate of Occupancy for the residential units that the
Owner intends to build on the Tippler Townhomes Subdivision, the Owner shall and hereby
agrees to accomplish the following subdivision improvements:
(a) Repair and replace any and all paving and improvements on the existing Dean
Street right -of -way damaged by the installation of utilities and services to the Tippler
Townhomes Subdivision.
(b) Remove the existing sign/lamppost for the Italian Caviar from the right-of-way
on Dean Street.
(c) Repair and replace any and all paving and improvements at the entry to the
Tippler Townhomes Subdivision off of South Galena Street damaged during the course of
construction.
(d) Repair and replace any damage done to existing public improvements,
including sidewalks, curb and gutter, pavement, landscaping or existing utilities, during the course
of construction.
2. A construction schedule for the above -described improvements shall be submitted to
the City Engineering Department at the same time that the financial guarantee described in
Sect loll 13 below is provided
3. The Owner agrees to submit a detailed landscaping plan to the Community
Development and Parks Departments for review and approval prior to the issuance of a building
permit, and to complete the landscaping depicted thereon as promptly as possible following
completion of the above -described subdivision improvements, but in no event later than one (1)
year after the date of issuance of a Certificate of Occupancy for the residential units. The Owner
reserves the right to plant additional native vegetation within the Subdivision, as the Owner may
consider appropriate from time to time, without further approvals being required.
B. Financial Assurance
In order to ensure construction and installation of the subdivision and landscaping
improvements described in Section A above, and to guarantee 100 percent of the current
estimated cost of such subdivision improvements, and to guarantee 125 percent of the current
estimated cost of such landscaping improvements and of maintaining and replacing the same for a
period of two (2) _years after installation, which estimated costs shall be submitted to the City
Engineer for review and approval prior to the issuance of a building permit, the Owner shall
provide to the City a financial guarantee in the form of a cash escrow or an irrevocable sight draft
or letter of credit from a financially responsible lender. Said guarantee shall be delivered to the
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I& City prior to the issuance of a building permit for the construction of townhomes in the
Subdivision, shall be in a form acceptable to the City Attorney and the City Manager, and shall
give the City the unconditional right, upon any default by the Owner, to withdraw funds as
necessary and upon demand to partially or fully complete and/or pay for any of such
improvements or pay any outstanding bills for work done thereon by any party, with any excess
guarantee amount to be applied first to additional administrative or legal costs associated with any
such default and the repair of any deterioration in improvements already constructed before the
unused remainder, if any, of such guarantee is released to the Owner. Provided, however, that the
Owner shall be given fourteen (14) days written notice of default prior to the City's ability to
make a call under the letter of credit or other guarantee.
As portions of the improvements required are completed, the City Engineer shall inspect
them, and upon approval and written acceptance, he shall authorize the release of the agreed
estimated cost for that portion of the improvements; provide, however, that ten percent (10%) of
the estimated cost shall be withheld until all proposed improvements are completed and approved
by the City Engineer, and with respect to landscaping improvements, an additional twenty-five
percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements
have been maintained in a satisfactory condition for two (2) years.
It is the express understanding of the parties that the procedure set forth in Section D
below pertaining to the procedure for default and amendment of this Subdivision Agreement shall
not be required with respect to the enforcement and implementation of this financial assurance and
guarantee to be provided by the Owner as set forth above and required by Section 26.88.050 of
• the Aspen Municipal Code.
C. Additional Requirements and Restrictions
1. Prior to the issuance of any building permits, the Owner shall provide the
Environmental Health Department with: (a) documentation indicating that the Aspen
Consolidated Sanitation District (ACSD) is capable of serving the development; (b) a letter of
agreement from the City of Aspen Water Department indicating that they will serve the
development; (c) a fireplace/wood stove permit; (d) a fugitive dust and erosion control plan
which includes, but is not limited to, fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, and speed limits or
other measures necessary to prevent windblown dust from crossing the property line or causing a
nuisance; (e) documentation indicating that a qualified engineering firm has reviewed the parking
structure's ventilation system and found that it is adequate to prevent carbon monoxide from
reaching high levels inside the facility or in the nearby areas outside of it., and, (f) documentation
indicating that the Colorado Department of Health has reviewed and approved the proposed
parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level
standards, and construction shall not occur between the hours of 6 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground
parking arrangements shall be reviewed by the City Engineering Department, and revised as
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necessary to provide sufficient space (turning radii) to maneuver into and out of the parking
spaces.
4. Prior to the issuance of building permits, the Owner shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and parking.
5. Prior to the issuance of building permits, the Owner shall demonstrate to the City
Water Department's satisfaction how the subject property presently receives water service in
order to plan the service to the new development while maintaining service to the neighboring
buildings.
6. A dedicated mechanical space large enough for backflow prevention valves, individual
water metering and valving for each of the proposed eight (8) units, a land scaping/irrigation
system, and a fire sprinkler system is required; this space shall have separate access available to
City Water Department and Fire Department personnel and will not be obstructed by vehicle
parking, other equipment, or the need to pass through another room or space which could impede
access by service personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards
for the existing structure, in the event required by the City Engineer, and for the newly
constructed buildings.
8. The Subdivision Plat shall include explanatory notes fully describing the present status
of the easements encumbering the property including notes and recording citations for easements
which have been extinguished, abandoned or modified; the abutting subdivision and lots will also
be shown on the Subdivision Plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and
gutters will be repaired or replaced prior to the issuance of any Certificates of Occupancy, any
improvements or areas disturbed during construction will be restored to preconstruction condition
or better; and the existing light and sign post at the south side of the driveway onto South Galena
Street will be removed.
10. The Owner shall dedicate Tract 3, a non-contiguous and undevelopable parcel
fronting on South Galena Street, triangular in shape and containing approximately 82 square feet,
to the City as part of the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(0, and the building permit application must include a drainage mitigation
plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the
State of Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the
site -generated drainage flows; said drainage plan will also need to address the conveyance of the
off -site drainage flows which may pass through the site from the base of the Aspen Mountain ski
area on the eastern side and southeast corner of the property.
12. The property owner is required to join any future improvement districts formed for
the purpose of constructing public improvements which benefit the property under an assessment
formula; the agreement shall be executed and recorded concurrently with the recording of the
Subdivision Plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant
will be required to submit to the Aspen/Pitkin County Information Systems Department as -built
drawings for the project, showing the property lines, building footprint, easements,
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a encroachments, entry points for utilities entering the property boundaries and any other
improvements, these drawings shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the
site, parking, or utility plans for this project change subsequent to this approval, a complete set of
the revised plans shall be provided to the Engineering and Community Development Departments
for review and re-evaluation.
15. Prior to the issuance of building permits, the Owner shall submit a traffic and parking
plan acceptable to the City Engineer, Parking and Transportation Departments, Streets
Department, and Utilities Department. The plan shall describe traffic detouring, parking, and
staging areas for the several stages of construction of the project. The Owner shall be required to
rent on -street parking spaces if, due to the construction activities, any such spaces will be
temporarily impacted or unusable for public parking. These plans and permits will also need to be
coordinated with the Rights -of -Way permit for the utility and street frontage work.
16. In the event required, the Owner must receive approval from:
- The City Engineer for design of improvements, including landscaping, within
public rights -of -way;
- The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
- The Streets Department for mailboxes and street cuts; and,
- The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
17. Prior to obtaining a building or demolition permit, the applicant must have the
existing building tested for asbestos, and if any is present, it must be removed by a licensed
asbestos abatement firm. It is recommended that testing be done well ahead of time so that, if
removal is required, delays will not be experience.
18. In the event required, a tree removal permit must be obtained from the Parks
Department for any tree(s) that is/are to be removed and relocated; also, no excavation can occur
within the dripline of the tree(s) to be preserved and no storage of fill material can occur within
this/these dripline(s).
19. Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor
lighting sources, and those fixtures set along walkways will be set at no more than twelve (12)
inches above finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the
residential units, the Owner shall pay a cash fee in lieu of School Land Dedication to the City of
Aspen.
21. The proposed plans for the common sanitary sewer service line to the development
will need to be reviewed by the ACSD line superintendent prior to building permit issuance, the
subgrade parking area will be required to have a District -approved oil and sand separator
installed; a shared service line agreement will need to be completed and approved by the ACSD
Board; no clear water connections will be allowed to the public system; the flows collected by
the trench drain to be installed in the driveway must be directed into the drywell or stormwater
drainage system rather than the sanitary sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and
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• inspect the affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit
issuance.
24. The Owner will make the required Park Dedication Impact Fee payment, as
determined by the City Zoning Officer, prior to the issuance of a building permit for the project.
25. The Owner shall submit to the Community Development Department all materials
required to carry out a review of the proposed architecture against the Residential Design
Standards in place at such time as the submittal is received.
26. All material representations made by the Owner in its application and during public
hearings shall be adhered to and shall be considered conditions of approval, unless otherwise
amended by a Board/Commission having authority to do so.
D. Non -Compliance and Request for Amendments
or Extensions by Owner
In the event that the City Council determines that the Owner is not acting in substantial
compliance with the terms of this Subdivision Agreement, the City Council shall notify the Owner
in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged
non-compliance within such reasonable time as the City Council may determine, but not less than
thirty (30) days. If the City Council determines that the Owner has not complied within such
time, the City Council may issue and serve upon the Owner a written order specifying the alleged
• non-compliance and requiring the Owner to remedy the same within thirty (30) days. Within
twenty (20) days of the receipt of such order, the Owner may file with the City Council either a
notice advising the City Council that it is in compliance or a written petition requesting a hearing
to determine either one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, and/or
(b) Whether a variance, extension of time or amendment to this Subdivision
Agreement should be granted with respect to any such non-compliance which
is determined to exist.
Upon receipt of such a petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the cease and desist order and the petition. The hearing shall be
convened and conducted pursuant to the procedures normally established by the City Council for
public hearings. if the Cit_v Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval previously granted by the City Council
shall be issued without a finding of the City Council that substantial evidence warrants such action
and affording the Owner a reasonable time to remedy such non-compliance. A final determination
of non-compliance which has not been remedied or for which no variance has been granted may,
at the option of the City Council, and upon written notice to the Owner, terminate any of such
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• approvals which are reasonably related to the requirement(s) with which the Owner has failed to
comply. Alternatively, the City Council may grant such variances, extensions of time or
amendments to this Subdivision Agreement as it may deem appropriate under the circumstances.
in addition to the foregoing, the Owner or its successors or assigns may, on its own
initiative, petition the City Council for a variance, an amendment to this Subdivision Agreement,
or an extension of one or more of the time periods required for performance hereunder. The City
Council may grant such variances, amendments, or extensions of time as it may deem appropriate
under the circumstances. The parties expressly acknowledge and agree that the City Council shall
not unreasonably refuse to extend the time periods for performance if the Owner demonstrates by
a preponderance of the evidence that the reasons for the delay(s) which necessitate said
extension(s) are beyond the control of the Owner, despite good faith efforts on its part to
perform in a timely manner.
E. General Provisions
The provisions hereof shall be binding upon and inure to the benefit of the Owner and
the City and their respective successors and assigns.
2. This Subdivision Agreement shall be subject to and construed in accordance with the
laws of the State of Colorado.
3. if any of the provisions of this Subdivision Agreement or any paragraph, sentence,
clause, phrase, word, or section of the application thereof in any circumstance is invalidated, such
invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the
application of any such provision, paragraph, sentence, clause, phrase, word or section in any
other circumstance shall not be affected thereby.
4. This Subdivision Agreement contains the entire understanding between the parties
hereto and includes all material representations made by the Owner in its application and during
public hearings with respect to the transactions contemplated hereunder, and may be altered or
amended from time to time only by written instruments executed by all parties hereto.
Numerical and title headings contained in this Subdivision Agreement are for
convenience only, and shall not be deemed determinative of the substance contained herein. As
used herein, where the context requires, the use of the singular shall include the plural and the use
of any gender shall include all genders.
6. Upon execution of this Subdivision Agreement by all parties hereto, the City agrees to
approve and execute the Subdivision Plat of the Tippler Townhomes Subdivision, and to accept
the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado,
upon payment of the recordation fee by the Owner.
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7. Notices to be given to the parties to this Subdivision Agreement shall be considered to
be given if hand delivered or if deposited in the United States Mail to the parties by registered or
certified mail at the addresses indicated below, or such other addresses as may be substituted
upon written notice by the parties or their successors or assigns:
CITY OF ASPEN KETTLE CORPORATION
City Manger Attn: Sirous Saghatoleslami, Pres.
130 S. Galena Street P.O. Box 8030
Aspen, CO 81611 Aspen, CO 81612
8. The terms, conditions, provisions and obligations herein contained shall be deemed
covenants that run with and burden the real property more particularly described herein and any
and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit
of and be specifically enforceable by or against the parties hereto, their successors, grantees or
assigns.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals as of the day
and year first written above.
CITY: CITY OF ASPEN,
a municipal corporation
By4h1n
'�
Bennett, Mayo
2a� r ►21C_ k�s Pry 7-
i
Kathryn S. och City Clerk
APPROVED AS TO FORM:
Joh Wor ester, City Attorney
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OWNER: KETTLE CORPORATION
By.
Sirous Saghatoleslami, President
•
STATE OF COLORADO )
COUNTY OF PITKIN)03jo Y71.1
)
The foregoing instrument was acknowledged before me thisil4ay
1998, by John Bennett as Mayor and by Kathryn S. Koch- a Ciy`Cl�r of the CitlV121�
n,
Colorado, a municipal corporation. ° + 1
Witness my hand and official seal.
My commission expires:
SPY
Notary Public
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this Z3Ijday of /1 �� v r/� i✓c , ;
1998, by Sirous Saghatoleslami as President of the Kettle Corporation, a Colorado corporation.
Witness my hand and official seal.
My commission expires: /1aoo z
Notary Public
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0 9
CITYCLERK
130 S.GALENA
ASPEN, CO 81611
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COMMISSIONER AND STAFF COMMENTS...................................................................................................... 1
1110 WATERS AVENUE - SPECIAL REVIEW AND STREAM MARGIN ....................................................... 1
1110 WATERS AVENUE - CONDITIONAL USE FOR ADU.............................................................................. 3
TIPPLER TOWNHOMES SPECIAL REVIEW FOR PARKING & SUBDIVISION .....................................
712 WEST FRANCIS - CONDITIONAL USE FOR ADU..........
...... 10
414 NORTH FIRST STREET - ESA SPECIAL REVIEW................................................................................... 11
CODE AMENDMENT - REVISIONS TO ORDINANCE 30.............................................................................. 12
14
0 i
ASPEN PLANNING & ZONING COMMISSION MARCH 17, 1998
Sara Garton, Chair, called the regular Aspen Planning & Zoning meeting to or1wr
IDa
40 p.m. with Bob Blaich, Steve Buettow, Roger Hunt, Tim Mooney and
ine Tygre present. Marta Chaikovska was excused. Other staff prese were
'd Hoefer, Assistant City Attorney, Amy Guthrie, Mitch Haas and J e Ann
Woo Community Development Department, and Jackie Lothian, D uty City
Clerk.
Julie Ann Woods staff, asked if the public hearings could b switched because the
applicant also had unty P&Z to attend.
MOTION: Ro r Hunt moved to amend the rder of the public
hearings to accom odate conflicting sched es. Bob Blaich second.
APPROVED 6-0.
Alan Richman, representative for the'
a
allowing the rescheduling of the agenda
included remodeling an existing house
structure was located well within the 1
illustrate the point.
•
li nt, thanked the commission for
it Haas, staff, explained the proposal
i t property. He said the existing0
of sl6m and used a colored blueline to
David Hoefer, Assistant City A orney, stated the affi vit of notice met the
jurisdictional requirements an the commission had the thority to proceed.
A member of the audiences ted Georgeanne Waggaman nted to attend this
meeting which was sched ed to begin at 5pm.
Haas stated that strict dherence to the top of slope set back woul reate an
unmatcha/enroblem and make it impossible to retain any o e existing
structure. other option would be to leave the entire structur whichdoesnotaproblem of being too close to the river. Henoted thproposed uld remove approximately 9' from the existing structu from
the top ofn improvement of footprint and height. The non-confo tywas not bed.
Haas #ed there were no trails on site but there was a recorded fisherman's
easement on the property. Alan Richman stated the staff presentation was done
well and introduced Claudia Coleman, owner. Coleman stated the neighbors have
given positive feedback on their plans for this remodel of their eventual retirement
I
•
ASPEN
1
fe t; b. Verify with the Housing Office that the ADU will contain a kitchen having a
mii mum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator
plus eezer; c. Provide the Housing Office with a signed and recorded Deed Restriction, a '
copy o which must be obtained from the Housing Office; d. Clearly identify the Accesso
Dwellin Unit (ADU) on building permit plans as a separate one -bedroom unit; e. Provide
a minimutb of one off-street parking space for the ADU that shall be shown and desig ated
on the final `lk►ans; f. Install any new surface utilities requiring a pedestal or other ove
ground equiptpent on an easement provided by the property owner and not with] the
public rights -of -'way; g. Locate any additional proposed construction, includin trash
facilities, in such ay that it does not encroach into an existing utility easem t or public
right-of-way; h. A ee to join any future improvement district(s) which m be formed for
the purpose of constructing improvements in adjacent public rights-of-wa ; the agreement
shall be executed and recorded concurrently upon approval of this appl' ation; i. Submit
working drawings to verity all height, setback, and floor area calculat' ns, as well as lot size
and lot area calculations; j.`.Complete and record a Sidewalk, Cur & Gutter Agreement;
k. A tap permit must be completed at the office of the Aspen Con lidated Sanitation
District; payment of the total connection charges shall be made rior to the issuance of a
building permit; 1. If the building is found to contain 5,000 sq are feet or more of living
area, approval and installation of an automatic fire suppress' n system will be required; m.
Verify that the proposed plans for the ADU will comply wi all UBC requirements
including but not limited to those addre ing natural ligh and ventilation standards, as well
as sound attenuation walls between the U and print' al residence; and, n. Submit
building permit drawings which indicate all tility m er locations; utility meter locations
must be accessible for reading and may not be bst cted by trash storage. The plans must
also indicate a five (5) foot wide pedestrian us ab pace with a five (5) foot wide buffer for
•
snow storage. 2. Prior to the issuance of a Ce irate of Occupancy (CO), the applicant
shall: a. Submit as -built drawings of the pro' ct showing property lines, building footprint,
easements, any encroachments, entry point or utilities entering the property boundaries
and any other improvements to the Aspe itkin County Information Systems Department
in accordance with City GIS requireme s, if and when; ny exterior renovation or
remodeling of the property occurs tha requires a buildin permit; and, b. Permit
Community Development Departme t, Engineering and Ho, sing Office staff to inspect the
property to determine compliance ith the conditions of app oval. 3. In the event
required, the applicant must rec ve approval from: The City ngineer for design of
improvements, including lands aping, within public rights-of-wa The Parks Department
for vegetation species, tree re oval, and/or public trail disturbanc ; The Streets
Department for mailboxes afid street cuts; and, The Community Development Department
to obtain permits for any Work or development, including landscapin , within the public
rights -of -way. 4. Prior )o the issuance of any building permits, a revie of any proposed
minor changes from the approvals, as set forth herein, shall be made by he Planning and
Engineering Departnyents, or referred back to the Planning and Zoning mmission. 5.
The applicant shall rovide a roof overhang or other sufficient means of pr enting snow
from falling on bo the stairway leading to the door and the area in front of a door to the
ADU; sufficientAneans of preventing icing of the stairway is also required. 6. 11 material
representation made by the applicant in this application and during public Tee ' gs with
the Planning nd Zoning Commission shall be adhered to and shall be considered
conditions o approval, unless otherwise amended by a Board/Commission having a thority
to do so. Jasmine Tygre second. Roll call vote: Buettow, yes; Blaich, yes;
0 Mooney, yes; Hunt, yes; Tygre, yes; Garton, yes. APPROVED 6-0.
4
• •
ASPEN PLANNING & ZONING COMMISSION MARCH 17, 1998
PUBLIC HEARING: 0
TIPPLER TOWNHOMES SPECIAL REVIEW FOR PARKING &
SUBDIVISION
Sara Garton, chairperson, opened the public hearing. David Hoefer, Assistant City
Attorney, stated the affidavit of notice was sufficient for the commission to
proceed. Mitch Haas, staff, stated the special review portion was not a public
hearing. He said the proposal called for demolition of the existing structure, the
Tippler and Italian Caviar and redevelopment with 4 free-market townhomes and 4
deed restricted units. There would be 2 category 2 units (1 bedroom) and 2
category 3 units (2 bedrooms). The Italian Caviar space would become
underground parking and there would be a landscaped courtyard between the
proposed units and the existing Tipple Inn Units (Little Tipple).
Haas said the parking plan adequately met the requirements for special review;
staff recommended approval. Garton asked why the parking was special review.
Haas responded because of the deed restricted units.
Sunny Vann, representative for applicant, introduced Ed Wisniski and Kim Wilde
with Bill Poss and Associates, Architects. is
Jesse Boyce, Little Tipple resident, stated concern about the pollution caused from
the parking garage. Vann responded there was a condition of approval for the
garage ventilation system, which was to be inspected by the State and City
Environmental Health Department. Garton asked if the driveway was snowmelt.
Vann replied that was not decided at this time.
Gary Jacobs, Little Tipple, stated concern about the carbon monoxide issue
impacting other Little Tipple Units. He said that people currently ride the bus to
the tippler bar and this new garage would impact the area more with parking
beneath the new complex. Sirous Saghatoleslami, owner of Tippler and Italian
Caviar, stated there were currently 20 parking spaces which were full day and
night.
Roger Hunt questioned where the snow could be plowed to from the proposed
driveway. Vann said they would employ a solution that worked for all involved.
Jacobs stated the project could have been designed so the entrance was on Dean
Street rather than using the easement to enter to the parking. Vann replied without
getting into a debate, Dean Street was a street but also was a pedestrian access and •
would create two modes of access, which may not be as desirable.
0
5
•
MM1.01
Haas stated staff s analysis for subdivision was based upon the AACP
considerations with good access to transit; the growth management scoring went
along with the plan. He noted that the multi -family residential was an appropriate
transition from commercial, ski area and residential.
Haas said the utilities would have to meet the engineering standards and the
applicant did not request any variances.
Vann commented the project exceeded several of the requirements for the LTR
zone district. He stated that most of the conditions were acceptable to the applicant
as drafted with the exception of a few minor clarifications.
Garton explained to the public that after this public hearing the planning and
zoning commission would make a recommendation to council on the subdivision
review; council had the final review after another public hearing.
Hunt questioned the access for trash trucks. Vann responded the primary objective
was to take the congestion out of the Dean Street area, which then puts the trucks
on Galena. He said the dumpster location will be given more thought.
is Hunt asked of they considered lowering the roof lines. Vann replied they would
explore other roof designs and work with the Patterson's concerns.
Tim Whitsitt, attorney for Gary Jacobs, stated that Frances Krizmanich and
Herman Anderson were in the audience also representing Jacobs. Whitsitt said that
Gary did not oppose the removal of the Tippler but the replacement needs to be
sensitive. He stated that Gary did not oppose the employee housing or any profit
for the developer. Whitsitt said that the proposed development over -taxed the
property and conflicted with the adjacent property owners. He said his client felt
the city did not properly review the application. Garton asked for specifics.
Whitsitt replied that this project was sometimes described as fully developed and
other times described as in -fill development. He said this was re -development, not
in -fill. Whitsitt noted that 67% was not the correct percentage of employee
housing; more accurately at 40%. He said Mr. Jacobs had an application pending
with historic preservation for the Little Tipple; the Little Tipple dated back to the
early 1920's as an early mining structure. Whitsitt stated there were two separate
lots being combined under subdivision and was not reviewed by staff. He asked
the commission to pay attention to the city engineering reports and the parks
referral regarding the deciduous trees. Whitsitt said the re -development was 7 feet
iaway from Mr. Jacobs unit and would block his historic view. He said the open
space requirement for frontage was not met on Galena Street.
P
ASPEN PLANNING & ZONING COMMISSION MARCH 17, 1998
Gary Jacobs provided photos from his unit and an architectural drawing by
Georgeanne Waggaman. He said they were never notified of the project plans and
the Tipple Inn has never had a condo homeowners association meeting. He was
concerned with the parking issues and height of the buildings.
Garton provided the ground rules for public comments without debate from the
applicant.
Jack Crawford, public, stated he was elected to the board of managers of the Tipple
Inn condo association. He said the board unanimously supported the demolition of
the Tippler and construction of the Tippler Townhomes. He said there was one
opposed, two on the fence and nine in favor of the project. Crawford requested
the appropriate department address the abuse of Dean Street.
Ron Krajian, public, stated that he owned 4 units above the Tippler and was in
favor of the re -development to townhomes.
Chuck Brandt, attroney for Jesse Boyce and Phyllis Bronson, said they were full-
time owners and residents of unit # 10 in the Little Tipple.
Doug Nehasil, public, stated that Galena Place residents were impacted from the
Tippler.
Joe Raczek, public, stated there was some opposition from the North of Nell
owners but the elimination of the Tippler was positive. He said Dean Street should
be only delivery vehicles.
Stan Clauson, Community Development Director, responded to questions on the
trip generation figures and commented on housing creating traffic in the city,
which was not an impact. He stated the Tipple Inn may not qualify for a historic
site.
Vann stated the demolition of the bar the will eliminate those impacts from
delivery vehicle traffic on Dean Street. He said the entire landscaped area on Dean
Street would be as much open space that provided visual relief from the adjacent
properties. He said the residential activity was reduced on the Tipple Inn side as
well. Vann said the project was slated for a multi -family project under Affordable
Housing or under Growth Management. He said they would work on the roof line
concerning Mr. Jacob's view. Vann said there was a consensus that this would be
an improvement in the area. He said a condition stating this for approval would be
acceptable to the applicant.
•
17
Vann stated the construction shall not occur between the hours of 6 p.m. — 7 a.m.
• He made a change to condition #7. Eliminating: f'^r ahe ovi�.i — . •�*lir-Ar. A4
#19. Eliminating: , and these set .,leng the .,,.,11,- , 411 140 Swat at RE) FA
Delete condition #4.
Mooney stated the all over intentions were an improvement to the neighborhood
and the quality of life. He felt they would find the best solution with the neighbors
and wanted to see it move forward.
Hunt said he also wanted to see the project move forward and would like to see the
impacts lessened as the applicant indicated they would work with the neighbors on
the roof lines. He said the traffic would be lessened removing the Tippler,
although he stated that he loved the Tippler but did not live next door to it.
Tygre agreed with Tim and Roger. She added that the community was loosing a
part of it by loosing the Tippler but was gaining some affordable housing in an
ideal location. This revitalized the community allowing more working people who
couldn't afford to buy units but could still have an opportunity to live near work.
Tygre said the parking on site was also a plus rather than a minus as an
• improvement in the neighborhood as well as an asset to the community.
Garton stated that she also wanted to see the project move forward. She
complimented the project accomplishing so much onto the site. She said that she
ached for Mr. Jacobs concern loosing his view, but view protection was not
included in the code. She asked that he become involved in re -vamping the code.
Garton stated this was a better use than having only 2 homes on the site and said it
would be interesting when these new owners found there were a lot more people
on the slope.
Blaich commended the project and took Sunny at his word to work with Mr.
Jacobs. He said the design was very well done and felt it was right for the area.
He asked where all the rowdy drunks would go now. Saghatoleslami replied that
recently the market changed and there were less in town.
Buettow stated the project was a good one and encouraged the lowering of the
roof. He said the under ground parking ventilation needed to be addressed. He
noted the employee housing was a plus.
MOTION: Roger Hunt moved to recommend approval for the Special
• Review request, and forward the recommended approval to City
Council for the Tippler Townhomes request for Subdivision with the
ASPEN PLANNING & ZONING COMMISSION MARCH 17, 1998
following conditions: 1. Prior to the issuance of any building permits, the applicant shall
•
provide the Environmental Health Department with documentation indicating that the Aspen
Consolidated Sanitation District (ACSD) is capable of serving the development; a letter of agreement
from the City of Aspen Water Department indicating that they will serve the development; a
fireplace/woodstove permit; a fugitive dust and erosion control plan which includes, but is not
limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads
to remove mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance; documentation indicating
that a qualified Engineering firm has reviewed the parking structure's ventilation system and found
that it is adequate to prevent carbon monoxide from reaching high levels inside the facility or in the
nearby areas outside of it; and, documentation indicating that the Colorado Department of Health
has reviewed and approved the proposed parking structure ventilation system. 2. During
construction, noise shall not exceed maximum permissible sound level standards, and construction
shall not occur between the hours of 6 p.m. and 7 a.m. 3. Prior to the issuance of building permits,
the proposed above -ground and underground parking arrangements shall be reviewed by the City
Engineering Department, and revised as necessary to provide sufficient space (turning radii) to
maneuver into and out of the parking spaces. 4. Prior to the issuance of building permits, the
applicant shall demonstrate to the City Water Department's satisfaction how the subject property
presently receives water service in order to plan the service to the new development while
maintaining service to the neighboring buildings. 5. dedicated mechanical space large enough for
backflow prevention valves, individual water metering and valuing for each of the proposed eight (8)
units, a landscaping/irrigation system, and the fire sprinkler system is required; this space shall have
separate access available to City Water Department and Fire Department personnel and will not be
obstructed by vehicle parking, other equipment, or the need to pass through another room or space
which could impede access by service personnel. 6. Water service lines and sanitary sewer lines
shall be improved to present day standards for the newly constructed buildings. 7. The subdivision
plat shall include explanatory notes fully describing the present status of the easements encumbering
the property including notes and recording citations for easements which have been extinguished,
•
abandoned or modified; the abutting subdivisions and lots will also be shown on the subdivision plat
as required by the Municipal Code. 8. As determined to be necessary by the City Engineer, the
existing sidewalks, curbs and gutters will be repaired or replaced prior to the issuance of an
Certificates of Occupancy; any improvements or areas disturbed during construction will be
restored to preconstruction condition or better; and, the existing light and sign post at the south side
of the driveway onto South Galena Street will be removed. 9. The applicant shall dedicate Tract 3, a
non-contiguous and undevelopable parcel fronting on S. Galena Street, triangular in shape and
containing approximately 82 square feet, to the City as part of the subdivision dedications. 10. The
site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(0, and the building permit application must include a drainage mitigation plan (full
size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of
Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the site -
generated drainage flows; said drainage plan will also need to address the conveyance of the off -site
drainage flows which may pass through the site from the base of the Aspen Mountain ski area on the
eastern side and southeast corner of the property. IL The property owner is required to join any
future improvement districts formed for the purpose of constructing public improvements which
benefit the property under an assessment formula; the agreement shall be executed and recorded
concurrently with the recording of the subdivision plat. 12. Prior to the issuance of any Certificates
of Occupancv, the building permit applicant will be required to submit to the Aspen/Pitkin County
Information Systems Department as -built drawings for the project, showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property
boundaries and any other improvements; these drawings shall be provided in accordance with City
GIS requirements. 13. If the proposed use, density or timing of the construction of the project
change, or the site, parking or utility plans for this project change subsequent to this approval, a
complete set of the revised plans shall be provided to the Engineering and Community Development
Departments for review and re-evaluation. 14. Prior to the issuance of building permits, the
developer shall submit a traffic and parking plan acceptable to the City Engineer, Parking and
Transportation Departments, Streets Department, and Utilities Department. The plan shall describe
traffic detouring, parking, and staging areas for the several stages of construction of the project. The
developer shall be required to rent on -street parking spaces if, due to the construction activities, any
•
• such spaces will be temporarily impacted or unusable for public parking. These plans and permits
will also need to be coordinated with the Rights -of -Way permit for the utility and street frontage
• work. 15. In the event required, the applicant must receive approval from: The City Engineer for
design of improvements, including landscaping, within public rights -of -way; The Parks Department
for vegetation species, tree removal, and/or public trail disturbances; The Streets Department for
mailboxes and street cuts; and, The Community Development Department to obtain permits for any
work or development, including landscaping, within the public rights -of -way. 16. Prior to obtaining
a building or demolition permit, the applicant must have the existing building tested for asbestos, and
if any is present, it must be removed by a licensed asbestos abatement firm. It is recommended that
testing be done well ahead of time so that, if removal is required, delays will not be experienced. 17.
In the event required, a tree removal permit must be obtained from the Parks Department for any
tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s). 18.
Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting sources.
19. Prior to and on a proportional basis to the issuance of any building permits for the residential
units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen. 20.
The proposed plans for the common sanitary sewer service line to the development will need to be
reviewed by the Aspen Consolidated Sanitation District line superintendent prior to building permit
issuance; the subgrade parking area will be required to have a District -approved oil and sand
separator installed; a shared service line agreement will need to be completed and approved by the
ACSD Board; no clear water connections will be allowed to the public system; the flows collected by
the trench drain to be installed in the driveway must be directed into the drywell or stormwater
drainage system rather than the sanitary sewer system. 21. Staff of the Aspen/Pitkin County
Housing Authority shall be permitted to visit and inspect the affordable housing units prior to the
issuance of the Certificates of Occupancy. 22. Deed restrictions on the affordable units shall be
recorded prior to building permit issuance. 23. The applicant will make the required Park
Dedication Impact Fee payment, as determined by the City Zoning Officer, prior to the issuance of a
building permit for the project. 24. The applicant shall submit to the Community Development
• Department, all materials required to carry out a review of the proposed architecture against the
Residential Design Standards in place at such time as the submittal is received. 25. All material
representations made by the applicant in this application and during public meetings shall be
adhered to and shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so. Bob Blalch second. APPROVED 6-0.
PUBLIC HEARING:
712, WEST FRANCIS - CONDITIONAL USE FOR ADU
Amy Gut hr resented proof of notification and David Hoefer
commission ha risdiction to proceed. /
Guthrie explained this was ask tary ove grade over a new garage with
a private entrance. She said tADhe ap t, Gail Hughes, agreed to all 7 conditions
outlined in the memo. There s a five ( of rear yard setback requirement, but
because of the proxim' the historic house, unit needed to have a ten (10' )
foot set back. ariance of five feet could be grante ough the cottage in -fill
progZtorv
a applicant did not request additional FAR; th it was not a
man rental.
• No public comments.
10
0 •
ASPEN PLANNING & ZONING COMMISSION MARCH 17, 1998
M\aADU
: Roger Hunt moved to approve the Conditional Use Revie •
for at 712 West Francis, Aspen, with the 7 conditions foraps stated in the memo dated March 17, 1998. Jasmine T gre
sePPROVED 6-0.
NEW BUSINESS:
Amy Guthrie introduced Ne Amidon noting that she was a stant relative of
Amy's and they had never t prior to this evening.
Guthrie stated there were two ele ents of the landscap plan that were located in
the fifteen foot (15') setback or "no uild zone" at t top of slope. There were
low dry -laid stone walls, 24"-36" in ight /anda oposed flagpole. She said the
flagpole was not recommended for app ovaff because it was quite visible.
Tom Cardamone, ACES, noted concern re being distracted. Guthrie said
there were 3 conditions on page four of th
Jane Amidon expressed the client's int est in he history of place and respected
the tradition of place. She proposed different acement for the flagpole •
contained in the trees not giving of he scare-cro effect. Peter Meyer stated the
height was 50' but would be tuc d into the 90'trees, aking it less visible from
Hallam Lake. Garton noted th rigging banged agains metal flagpoles. Meyer
said there would be ways to itigate that if not a wooden ole. Tim Mooney asked
if there were lights on the ole. Meyer replied there were t. Guthrie said as a
condition the flagpole s ould come under the 45' angle.
Amidon proposedt6the
low wall to give space to the area definin he lawn but the
natural vegetatio area will cover most of the dry -laid stone She stated the
deck would be enovated with wood decking and mesh which woul be less visible
than the exis 'n.
Guthrie oted tearing out the existing deck meant by right it could be rep ced in
the sa e non -conforming area, but the applicant wanted to make it better. ob
Bla' h said he spoke to Dan Kiley and stated the re -built deck would not pro' ct
o er the bank as it did now. It be an improvement and wouldn't be visible fro
e lake. Blaich said there was a proposal for a fence. Meyer utilized drawings to
illustrate the patio and areas surrounding. Meyer stated it would be a low fence.
E
REt-WeiuED
ORDINANCE No. 6
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A GMQS EXEMPTION
AND SUBDIVISION APPROVAL, AND VESTED PROPERTY RIGHTS FOR THE
TIPPLER TOWNHOMES, 535 DEAN STREET, A PARCEL OF LAND SITUATED IN
LOTS L, M, AND N, BLOCK 97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS
SUBDIVISION AND LOT 2, GANNON'S ENTRY IN THE NW 1/4 OF SECTION 18,
TOWNSHIP 10 S., R. 84 W., OF THE 6TH P.M., CITY OF ASPEN, COUNTY OF PITKIN,
STATE OF COLORADO.
WHEREAS, The Community Development Department received an application from the Kettle
Corporation (hereafter "Applicant"), for a GMQS Exemption, Subdivision, and Vested Property Rights
status approval; and,
WHEREAS, said application also included requests for four (4) Metro Area Residential Growth
Management Quota System Allocations, and Special Review of Affordable Housing Off -Street Parking
Requirements; and
WHEREAS, pursuant to Section 26.88.040 of the Aspen Municipal Code, the Planning and
Zoning Commission shall make a recommendation to the City Council regarding requests for
Subdivision approval; and,
WHEREAS, City Council Resolution 16, Series of 1998 approved the Growth Management
Commission's scoring of the Tippler Townhomes' Growth Management Quota System application and
awarded the project with four (4) metro area residential development allotments;
WHEREAS, pursuant to Section 26.88.040 of the Aspen Municipal Code, City Council shall
either approve, approve with conditions or deny requests for Subdivision approval; and,
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated
Sanitation District, Environmental Health Department and Community Development Department
reviewed the proposals and recommended approval of each with conditions; and,
WHEREAS, the above referenced application was legally noticed for a public hearing; and,
WHEREAS, upon review and consideration of the application, agency and public comment
thereon, and those applicable standards as contained in Chapter 26 of the Aspen Municipal Code, to wit,
Section 26.88.040 (Subdivision Approval), during a public hearing on March 17, 1998, the Planning and
Zoning Commission recommended approval of the Subdivision application; and
WHEREAS, pursuant to Resolution 98-_, the Planning and Zoning Commission further
granted Special Review approval of the proposed parking plan for the affordable housing units; and
WHEREAS, the Aspen City Council has reviewed and considered the Tippler Townhomes
application under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered those recommendations and approvals as granted by the Planning and Zoning Commission in
Resolution 98-_, and has taken and considered public comment at a public hearing; and
Ordinance No. 6, Series of 1998
Page 2
WHEREAS, the City Council finds that the proposal complies with the requirements for
granting a GMQS Exemption for the four (4) proposed affordable housing units pursuant to Section
26.100.050(C)(3)(b) of the Aspen Municipal Code; and,
WHEREAS, the City Council finds the Tippler Townhomes application to be consistent with the
mini►num requirements and review standards for Subdivision approval pursuant to Section 26.88.040 of
the Aspen Municipal Code provided the stipulated conditions of approval are met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1•
Pursuant to Section 26.100.050(C)(3)(b) of the Aspen Municipal Code, the four (4) proposed affordable
housing units of the Tippler Townhomes application are hereby granted an exemption from GMQS Scoring
and Competition Procedures. These exempt units shall, however, be deducted from the "Affordable
Housing" pool of annual development allotments established pursuant to Section 26.100.040 and from the
metro area development ceilings established pursuant to Section 26.100.030.
Section 2•
The Tippler Townhomes application for Subdivision is hereby approved with the following conditions:
1. Prior to the issuance of any building permits, the applicant shall provide the Environmental
Health Department with: (a) documentation indicating that the Aspen Consolidated Sanitation
District (ACSD) is capable of serving the development; (b) a letter of agreement from the City of
Aspen Water Department indicating that they will serve the development; (c) a fireplace/woodstove
permit; (d) a fugitive dust and erosion control plan which includes, but is not limited to fencing,
watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud
that has been carried out, speed limits, or other measures necessary to prevent windblown dust from
crossing the property line or causing a nuisance; (e) documentation indicating that a qualified
Engineering firm has reviewed the parking structure's ventilation system and found that it is
adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby
areas outside of it; and, (f) documentation indicating that the Colorado Department of Health has
reviewed and approved the proposed parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level standards, and
construction shall not occur between the hours of 10 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground parking
arrangements shall be reviewed by the City Engineering Department, and revised as necessary to
provide sufficient space (turning radii) to maneuver into and out of the parking spaces.
4. Prior to the issuance of building permits, the applicant shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and parking.
5. Prior to the issuance of building permits, the applicant shall demonstrate to the City Water
Department's satisfaction how the subject property presently receives water service in order to plan
the service to the new development while maintaining service to the neighboring buildings.
Ordinance No. 6, Series of 1998
Page 3
6. A dedicated mechanical space large enough for backflow prevention valves, individual water
metering and valving for each of the proposed eight (8) units, a landscaping/irrigation system, and
the fire sprinkler system is required; this space shall have separate access available to City Water
Department and Fire Department personnel and will not be obstructed by vehicle parking, other
equipment, or the need to pass through another room or space which could impede access by service
personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards for the
existing structures and the newly constructed buildings.
8. The subdivision plat shall include explanatory notes fully describing the present status of the
easements encumbering the property including notes and recording citations for easements which
have been extinguished, abandoned or modified; the abutting subdivisions and lots will also be
shown on the subdivision plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and gutters
will be repaired or replaced prior to the issuance of an Certificates of Occupancy; any improvements
or areas disturbed during construction will be restored to preconstruction condition or better; and,
the existing light and sign post at the south side of the driveway onto South Galena Street will be
removed.
10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on S.
Galena Street, triangular in shape and containing approximately 82 square feet, to the City as part of
the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full
size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of
Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the site -
generated drainage flows; said drainage plan will also need to address the conveyance of the off -site
drainage flows which may pass through the site from the base of the Aspen Mountain ski area on the
eastern side and southeast corner of the property.
12. The property owner is required to join any future improvement districts formed for the purpose
of constructing public improvements which benefit the property under an assessment formula; the
agreement shall be executed and recorded concurrently with the recording of the subdivision plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be
required to submit to the Aspen/Pitkin County Information Systems Department as -built drawings
for the project, showing the property lines, building footprint, easements, encroachments, entry
points for utilities entering the property boundaries and any other improvements; these drawings
shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the site,
parking or utility plans for this project change subsequent to this approval, a complete set of the
revised plans shall be provided to the Engineering and Community Development Departments for
review and re-evaluation.
15. Prior to the issuance of building permits, the developer shall submit a traffic and parking plan
acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and
Utilities Department. The plan shall describe traffic detouring, parking, and staging areas for the
several stages of construction of the project. The developer shall be required to rent on -street
parking spaces if, due to the construction activities, any such spaces will be temporarily impacted or
unusable for public parking. These plans and permits will also need to be coordinated with the
Rights -of -Way permit for the utility and street frontage work.
16. In the event required, the applicant must receive approval from:
Ordinance No. 6, Series of 1998
Page 4
• The City Engineer for design of improvements, including landscaping, within public rights -
of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or development,
including landscaping, within the public rights -of -way.
17. Prior to obtaining a building or demolition permit, the applicant must have the existing building
tested for asbestos, and if any is present, it must be removed by a licensed asbestos abatement firm.
It is recommended that testing be done well ahead of time so that, if removal is required, delays will
not be experienced.
18. In the event required, a tree removal permit must be obtained from the Parks Department for any
tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s).
19. Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting
sources, and those fixtures set along walkways will be set at no more than twelve (12) inches above
finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the residential
units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen.
21. The proposed plans for the common sanitary sewer service line to the development will need to
be reviewed by the Aspen Consolidated Sanitation District line superintendent prior to building
permit issuance; the subgrade parking area will be required to have a District -approved oil and sand
separator installed; a shared service line agreement will need to be completed and approved by the
ACSD Board; no clear water connections will 6e allowed to the public system; the flows collected
by the trench drain to be installed in the driveway must be directed into the drywell or stormwater
drainage system rather than the sanitary sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and inspect the
affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit issuance.
24. The applicant will make the required Park Dedication Impact Fee payment, as determined by the
City Zoning Officer, prior to the issuance of a building permit for the project.
25. The applicant shall submit to the Community Development Department, all materials required to
carry out a review of the proposed architecture against the Residential Design Standards in place at
such time as the submittal is received.
26. All material representations made by the applicant in this application and during public hearings
shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does
hereby grant the applicant Vested Property Rights status for the site specific development plan for the
Tippler Townhomes at 535 Dean Street as approved by Ordinance Number 6, Series of 1998, for a period of
three (3) years from the date said Ordinance is signed with the following conditions:
1. The rights granted by this site specific development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to abide by any of the terms and conditions
attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
Ordinance No. 6, Series of 1998
Page 5
2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that
the period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication provided for in Section 26.52.080(D)
3. Zoning that is not part of the site specific development plan approved hereby shall not result in the
creation of a vested property right.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances of the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 3•
Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14)
days following final adoption hereof.
Section 4•
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 5•
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
A public hearing on the Ordinance shall be held on the 13th day of April, 1998 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 once 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 23rd day of March, 1998.
•
•
Ordinance No. 6, Series of 1998
Page 6
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
John Bennett, Mayor
FINALLY, adopted, passed and approved this day of . 1998.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
c:\home\mitchh\council\tipplord.doc
ADDENDUM
TO: The Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney
Stan Clauson, Aspen Community Development Director
Julie Ann Woods, Aspen Community Development Deputy Director
FROM: Mitch Haas, Planner4k,
RE: The Tippler Townhomes Application for GMQS Exemption, Subdivision,
and Vested Property Rights. Second Reading of Ordinance Number 6, Series
of 1998. Parcel ID 2737-182-96-033
DATE: May 26, 1998
SUMMARY: The following is intended to serve as an addendum to the April 27, 1998 staff
memorandum regarding the proposed Tippler Townhomes project. This addendum attempts
to clarify questions raised at the April 27, 1998 hearing. These are organized into a series of
questions, each followed by a staff response.
QUESTION ONE: Why is the applicant going through "Subdivision" review?
Response: The Aspen Land Use Code, at Section 26.04.100, defines "Subdivision" as ".. .
Land to be used for condominiums, apartments or any other multiple -dwelling units, or for
time-sharing dwelling units. . ." The Tipple Townhomes proposal involves the
development of an eight unit multi -family structure/project; therefore, the development is,
by definition, a subdivision and, as such, is subject to City Council review and approval.
The subdivision review also triggers the requirement to pay certain impact fees, such as the
school land dedication/cash-in-lieu fee.
The Tippler Townhomes proposal does not involve a lot merger. The discussion regarding
lot mergers was related only to the fact that the two existing lots did not qualify for the
automatic merger activity of 1975 since they came from different fathering parcels.
In the case of the Tippler Townhomes proposal, the applicant owns two adjoining lots that he
intends to develop as one. There is no prohibition or restriction against this (in fact, it is a
common practice in land development and is usually known as "prior land acquisition').
The code does not even require the removal of the existing, adjoining lot line for the
development of the parcels as a single lot. By way of example, anyone could purchase two
adjacent 6,000 square foot lots in the West End and develop the property as a 12,000 square
foot lot. In this example, the property owner has two adjacent lots which s/he is developing
as one, and there are no code requirements (either for or against) with respect to combining
the adjoining lots to form a single development parcel.
•
•
QUESTION TWO: Does the proposal involve the creation or maintenance of any
nonconformities?
Response: No. The discussion of nonconformities was included in the original memo in an
attempt to explain why the interested neighbor could not rely on setbacks from the existing,
interior (adjoining) lot line. The existing structure (the Tippler building) is nonconforming
by virtue of its north side residing on the lot line (with a zero setback) and its south side
encroaching into the adjacent parcel by approximately eleven (11) feet. Section
26.104.030(F) of the code states that "A nonconforming structure which is wildly
demolished or destroyed to any extent may be restored as of right if a building permit for
reconstruction shall be issued within twelve (12) months of the date of demolition or
destruction." Hypothetically speaking, if the owner wanted to retain these nonconformities
after demolition, s/he could do so provided the reconstruction commenced within twelve (12)
months; therefore, the neighbor cannot reasonably rely on setbacks from the existing,
interior (adjoining) lot line.
No nonconformities would result from development of the Tippler Townhomes as proposed.
The proposed development complies with all setbacks and other dimensional requirements of
the L/TR zone district. The existing nonconformities would be eliminated.
QUESTION THREE: Can the areas within the required setbacks be counted toward the
"minimum open space" requirement?
Response: Yes. The open space requirement may include any areas within setbacks
required by the zone district's dimensional requirements. Just as "maximum site coverage"
provisions do not apply to only those areas located within the required setbacks (i.e., a
maximum site coverage of 40% does not imply that a structure can cover only 40% of the
area located within the setbacks, rather it means that only 40% of the entire site/lot can be
covered by the structure), the same is true of the open space requirements. This
interpretation has been consistently applied by the Planning Office since the inception of
open space requirements.
CONCLUSION: Staff continues to forward the same recommendations presented in the
April 27, 1998 memorandum and the proposed Ordinance Number 6, Series of 1998, which
includes the following:
Staff recommends approval of a GMQS Exemption for the four proposed affordable dwelling
units.
Staff also recommends approval of the Tippler Townhomes Subdivision application with the
following conditions:
1. Prior to the issuance of any building permits, the applicant shall provide the Environmental
Health Department with: (a) documentation indicating that the Aspen Consolidated
Sanitation District (ACSD) is capable of serving the development; (b) a letter of agreement
from the City of Aspen Water Department indicating that they will serve the development;
(c) a fireplace/woodstove permit; (d) a fugitive dust and erosion control plan which
2
includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or
other measures necessary to prevent windblown dust from crossing the property line or
causing a nuisance; (e) documentation indicating that a qualified Engineering firm has
reviewed the parking structure's ventilation system and found that it is adequate to prevent
carbon monoxide from reaching high levels inside the facility or in the nearby areas outside
of it; and, (f) documentation indicating that the Colorado Department of Health has
reviewed and approved the proposed parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level standards, and
construction shall not occur between the hours of 10 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground
parking arrangements shall be reviewed by the City Engineering Department, and revised as
necessary to provide sufficient space (turning radii) to maneuver into and out of the parking
spaces.
4. Prior to the issuance of building permits, the applicant shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and
parking.
5. Prior to the issuance of building permits, the applicant shall demonstrate to the City Water
Department's satisfaction how the subject property presently receives water service in order
to plan the service to the new development while maintaining service to the neighboring
buildings.
6. A dedicated mechanical space large enough for backflow prevention valves, individual water
metering and valving for each of the proposed eight (8) units, a landscaping/irrigation
system, and the fire sprinkler system is required; this space shall have separate access
available to City Water Department and Fire Department personnel and will not be
obstructed by vehicle parking, other equipment, or the need to pass through another room or
space which could impede access by service personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards for
the existing structures and the newly constructed buildings.
8. The subdivision plat shall include explanatory notes fully describing the present status of the
easements encumbering the property including notes and recording citations for easements
which have been extinguished, abandoned or modified; the abutting subdivisions and lots
will also be shown on the subdivision plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and
gutters will be repaired or replaced prior to the issuance of an Certificates of Occupancy;
any improvements or areas disturbed during construction will be restored to preconstruction
condition or better; and, the existing light and sign post at the south side of the driveway
onto South Galena Street will be removed.
10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on
S. Galena Street, triangular in shape and containing approximately 82 square feet, to the City
as part of the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation
plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in
the State of Colorado; the plan shall identify solutions acceptable to the City Engineer to
mitigate the site -generated drainage flows; said drainage plan will also need to address the
conveyance of the off -site drainage flows which may pass through the site from the base of
the Aspen Mountain ski area on the eastern side and southeast corner of the property.
3
12. The property owner is required to join any future improvement districts formed for the
purpose of constructing public improvements which benefit the property under an
assessment formula; the agreement shall be executed and recorded concurrently with the
recording of the subdivision plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be
required to submit to the Aspen/Pitkin County Information Systems Department as -built
drawings for the project, showing the property lines, building footprint, easements,
encroachments, entry points for utilities entering the property boundaries and any other
improvements; these drawings shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the site,
parking or utility plans for this project change subsequent to this approval, a complete set of
the revised plans shall be provided to the Engineering and Community Development
Departments for review and re-evaluation.
15. Prior to the issuance of building permits, the developer shall submit a traffic and parking
plan acceptable to the City Engineer, Parking and Transportation Departments, Streets
Department, and Utilities Department. The plan shall describe traffic detouring, parking,
and staging areas for the several stages of construction of the project. The developer shall be
required to rent on -street parking spaces if, due to the construction activities, any such spaces
will be temporarily impacted or unusable for public parking. These plans and permits will
also need to be coordinated with the Rights -of -Way permit for the utility and street frontage
work.
16. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
17. Prior to obtaining a building or demolition permit, the applicant must have the existing
building tested for asbestos, and if any is present, it must be removed by a licensed asbestos
abatement firm. It is recommended that testing be done well ahead of time so that, if
removal is required, delays will not be experienced.
18. In the event required, a tree removal permit must be obtained from the Parks Department for
any tree(s) that is/are to be removed or relocated; also, no excavation can occur within the
dripline of the tree(s) to be preserved and no storage of fill material can occur within
this/these dripline(s).
19. Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting
sources, and those fixtures set along walkways will be set at no more than twelve (12) inches
above finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the residential
units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of
Aspen.
21. The proposed plans for the common sanitary sewer service line to the development will need
to be reviewed by the Aspen Consolidated Sanitation District line superintendent prior to
building permit issuance; the subgrade parking area will be required to have a District -
approved oil and sand separator installed; a shared service line agreement will need to be
completed and approved by the ACSD Board; no clear water connections will be allowed to
the public system; the flows collected by the trench drain to be installed in the driveway
must be directed into the drywell or stormwater drainage system rather than the sanitary
sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and inspect
the affordable housing units prior to the issuance of the Certificates of Occupancy.
4
23. Deed restrictions on the affordable units shall be recorded prior to building permit issuance.
24. The applicant will make the required Park Dedication Impact Fee payment, as determined by
the City Zoning Officer, prior to the issuance of a building permit for the project.
25. The applicant shall submit to the Community Development Department, all materials
required to carry out a review of the proposed architecture against the Residential Design
Standards in place at such time as the submittal is received.
26. All material representations made by the applicant in this application and during public
hearings shall be adhered to and shall be considered conditions of approval, unless otherwise
amended by a Board/Commission having authority to do so.
RECOMMENDED MOTION: "I move to approve Ordinance Number 6, Series of 1998."
CITY MANAGER'S COMMENTS:
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MEMORANDUM
TO: The Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney
Stan Clauson, Aspen Community Development Direc o
Julie Ann Woods, Aspen Community Development Deputy Director
FROM: Mitch Haas, Planner ,
RE: The Tippler Townhomes Application for GMQS Exemption, Subdivision,
and Vested Property Rights. Second Reading of Ordinance Number 6, Series
of 1998. Parcel ID 2737-182-96-033
DATE: April 27, 1998
SUMMARY: The Community Development Department has received a request to
redevelop The Tippler Night Club and Italian Caviar Restaurant (see application attached as
Exhibit C). The proposal involves demolition of the existing structure, and the subsequent
development of four (4) free market residential units and four (4) deed restricted units in a
single multi -family structure. The four proposed affordable units would include two (2) two -
bedroom units and two (2) one -bedroom units, deed restricted for rents in the Category 3 and
Category 2 levels, respectively. Included in the layout and design of the proposed
development is an underground parking garage with sixteen (16) spaces, four (4) surface
parking spaces, vehicular access from Galena Street, pedestrian access from Dean Street, and
a landscaped pedestrian courtyard connecting the Galena and Dean Street sides of the
development.
Pursuant to Section 26.100.050(C)(3)(b), the four deed restricted units are entitled to a
GMQS Exemption from City Council, and GMQS Allotments for the four free market units
have been secured by the applicant with the adoption of City Council Resolution 16, Series
of 1998. Also, as the proposal calls for the development of a multi -family structure,
Subdivision review is required. At a public hearing held on March 17, 1997, the Planning
and Zoning Commission recommended approval of the proposed subdivision with
conditions.
Community Development Department staff and the Planning and Zoning Commission
recommend approving the proposed Tippler Townhomes Subdivision request with
conditions. Staff also recommends granting both a GMQS Exemption for the four
proposed affordable housing units, and Vested Property Rights for the site specific
development plan.
PREVIOUS ACTIONS: Through the Growth Management Scoring and Competition
Process, the Growth Management Commission awarded the proposal an average score of
0 1 0
14.9 points, exceeding the minimum acceptable threshold score of 12 points (see Resolution
Number GMC-98-01). In the fourteen days following the Growth Management
Commission's decision, no appeals were filed with the Community Development Director.
The Board of County Commissioners unanimously accepted the scoring by a vote of 5-0 at
their hearing on February 25, 1998. At the March 9, 1998 City Council hearing, Council
unanimously approved Resolution 16, Series of 1998 by a vote of 4-0, thereby granting final
approval of the scoring and awarding the four requested Metro Area Residential Growth
Management Allotments.
At first reading, Mayor Bennett raised questions regarding the proposed development's
consistency with the requirement to provide 60% affordable housing. At the hearing, it was
explained that the 60% requirement is not codified anywhere in the Land Use Code but,
rather, is derived solely from the Aspen Area Community Plan. The 60% language found in
the AACP (not a regulatory document) states on pages 8-9 that, "The Community agrees that
having at least 60% of the work force living in the community is essential because it
represents a `critical mass' of residents which can sustain a permanent community." Later in
the AACP, as part of the "Housing Action Plan," it is stated on page 30 that "We believe the
`critical mass' in our community means that 60% of the workforce should live up valley of
Aspen Village Mobile Home Park." Thus, while it is clear that the direction given by the
AACP is to require that 60% of the work force be housed, it is not at all clear how this
direction is to be implemented. That is, should it be required that 60% of all units be deed
restricted, 60% of all bedrooms be deed restricted, 60% of the development's total
population be housed in affordable units, or just 60% of the development's free market
population be housed in affordable units? Each of these possibilities would have
significantly different outcomes.
In the Housing Office's referral memo regarding the Tippler Townhomes' compliance with
this standard, the last of these choices (60% of the development's free market population
should be housed in affordable units) was utilized to determine the proposal's compliance. It
was determined that the free market population would be twelve (12) persons and,
accordingly, enough deed restricted units to house eight (8) employees (more than 60% of
12) would be required. The proposal includes housing for a total of eight (8) employees.
This methodology is consistent with that used in the 1991 Final approval of the Aspen
Meadows Final SPA, where it was determined that the applicant was required to provide
housing for 65% (the requirement was higher then) of the total free market population.
Given the lack of codified requirements to house 60% of the work force, coupled with the
lack of a clear formula for implementing such a requirement and the Housing Office's
recommendation that the proposal is consistent with the provisions of the AACP, staff
believes the proposal's inclusion of four on -site deed restricted rental units in downtown
Aspen is commendable and consistent with the overwhelming majority of goals stated in the
AACP.
On March 17, 1998, the Planning and Zoning Commission granted final approval to the
proposed off-street parking plan for the affordable units via Special Review. At the same
hearing, the Commission recommended that Council grant the request for Subdivision
approval with the conditions suggested by staff.
F4
APPLICANT: Kettle Corporation care of Sirous Saghatoleslami, represented by Vann
Associates.
LOCATION: 535 Dean Street; Legally described as: "Lots L, M and N, Block 97, Aspen
Townsite, Lot 1, Tipple Woods Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of
Section 18, T.10 S., R.84 W., of the 6th P.M., City of Aspen, County of Pitkin, State of
Colorado." Currently the site of The Tippler Lunch, Apres Ski and Dancing night club located
on the south side of Dean Street between South Galena Street and the base of the Aspen
Mountain Ski Area.
ZONING: L/TR, Lodge/Tourist Residential
CURRENT LAND USE: The property consists of three separately described tracts of land
(see improvement survey attached to the end of this memo) containing a one-story brick and
wood commercial structure with a full basement, an adjacent outdoor patio, and a paved
parking area. The existing structure contains approximately fourteen thousand square feet,
inclusive of the basement, and is located predominantly on Tract 1. The existing structure's
surface parking area is located entirely on Tract 2, and Tract 3 contains a portion of Galena
Street and the adjacent public sidewalk. The ground floor of the existing structure is occupied
by the Tippler nightclub and bar. The Italian Caviar restaurant occupies the structure's
basement.
Existing land uses within the immediate vicinity include the North of Nell Condominiums,
which are located across from Tract 1 on the north side of Dean Street; the Tipple Lodge,
which is located immediately south of Tract 2; the Tipple Inn Condominiums, which are
located immediately west of Tract 1; and, the Galena Place Townhomes, which are located to
the southwest of Tract 2. The Aspen Skiing Company's Little Nell ski run, the Silver Queen
Gondola and the Little Nell ski lift abut the eastern boundary of Tracts 1 and 2.
LOT SIZE: 17,890 square feet.
ALLOWABLE FAR: The lot area, for purposes of calculating the allowable floor area will
need to be confirmed by the City's Zoning Officer during the review of building permit
application materials. For purposes of a preliminary estimation, however, the lot has an area of
16,200 square feet after slope reductions are accounted for. Next, the area of the proposed
access easement is subtracted, resulting in a net area of 14,960 square feet from which to
determine the allowable floor area on the site. As the L/TR Zone District has a maximum
allowable FAR of 1: 1, the site could hold up to 14,960 square feet of floor area as calculated
under the provisions of the Land Use Code.
REVIEW PROCEDURE: Subdivision review is a two-step review with public hearings
held before, first, the Planning and Zoning Commission and, then, the City Council. The
Commission acts in an advisory capacity to the City Council in the review of Subdivision
requests. Subdivision requires proper noticing of the public hearing through mailing, posting
and publication. In the same notice and associated hearing, Council has the authority to
3
grant, grant with conditions, or deny the GMQS Exemption and Vested Property Rights
requests.
REFERRAL COMMENTS: Comments from the Parks, Housing, Engineering, and
Environmental Heath Departments, as well as the Aspen Consolidated Sanitation District are
attached as Exhibit B. These comments have been included in staffs responses to the
Subdivision Review criteria, where applicable. Written comments were also received from
various neighbors and are attached as Exhibit E.
STAFF COMMENTS:
Section 26.100.050(C)(3)(b), Affordable Housing GMQS Exemptions by City Council
Section 26.100.050(C)(3)(b) of the Land Use Code states that "All affordable housing deed
restricted in accordance with the housing guidelines of the City Council and its housing
designee, shall be exempt from the growth management competition and scoring procedures by
the City Council." From this standard, it appears that the only criteria for deciding whether to
grant the exemption would be compliance with the applicable requirements of the Aspen/Pitkin
County Housing Authority's (APCHA) housing guidelines.
The proposed one -bedroom affordable units would contain approximately 620 square feet of
net livable area while the two -bedroom units would contain approximately 960 square feet.
These figures exceed APCHA's minimum net livable area requirements for Category 2 and
"lower priced" Category 3 affordable housing units. The proposed affordable housing units
would be deed restricted prior to the issuance of a building permit for the project and rented to
qualified residents pursuant to applicable guidelines in effect at the time of deed restriction.
Since the proposal complies with APCHA's housing guidelines, staff recommends granting the
requested GMQS Exemption.
Pursuant to Section 26.100.050(C)(3), if the requested exemption is granted, the four (4)
exempt units must still be deducted from the "Affordable Housing" pool of annual
development allotments established pursuant to Section 26.100.040 and from the metro area
development ceilings established pursuant to Section 26.100.030. The four deductions would
leave the "Affordable Housing" pool with 46 remaining/available units.
Section 26.88.040(C), Subdivision Review Standards
For a complete staff review of each Subdivision review standard, please refer to Exhibit A,
attached hereto. With the conditions outlined in the "Recommendation" section of this memo
(below), staff finds that the proposal complies with each of the review standards enumerated
in Section 26.88.040(C); therefore, staff recommends approval of the Tippler Townhomes
Subdivision request with conditions.
Section 26.52.080, Vested Property Rights
4
In order to preserve the land use approvals which may be granted to the Tippler Townhomes
application, the applicant has requested vested property rights status pursuant to the
provisions of Section 26.52.080 of the Land Use Code. Such status can only be granted by
ordinance of the City Council. Section 26.52.080 does not contain any specific submission
requirements or review criteria, other than a public hearing, to confer vested property rights
status. Consequently, staff recommends granting the requested vested property rights status,
provided the ordinance approving the site specific development plan is adopted.
RECOMMENDATION: Staff recommends approval of a GMQS Exemption for the four
proposed affordable dwelling units.
Staff also recommends approval of the Tippler Townhomes Subdivision application with the
following conditions:
I. Prior to the issuance of any building permits, the applicant shall provide the Environmental
Health Department with: (a) documentation indicating that the Aspen Consolidated
Sanitation District (ACSD) is capable of serving the development; (b) a letter of agreement
from the City of Aspen Water Department indicating that they will serve the development;
(c) a fireplace/woodstove permit; (d) a fugitive dust and erosion control plan which
includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or
other measures necessary to prevent windblown dust from crossing the property line or
causing a nuisance; (e) documentation indicating that a qualified Engineering firm has
reviewed the parking structure's ventilation system and found that it is adequate to prevent
carbon monoxide from reaching high levels inside the facility or in the nearby areas outside
of it; and, (f) documentation indicating that the Colorado Department of Health has
reviewed and approved the proposed parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level standards, and
construction shall not occur between the hours of 10 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground
parking arrangements shall be reviewed by the City Engineering Department, and revised as
necessary to provide sufficient space (turning radii) to maneuver into and out of the parking
spaces.
4. Prior to the issuance of building permits, the applicant shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and
parking.
5. Prior to the issuance of building permits, the applicant shall demonstrate to the City Water
Department's satisfaction how the subject property presently receives water service in order
to plan the service to the new development while maintaining service to the neighboring
buildings.
6. A dedicated mechanical space large enough for backflow prevention valves, individual water
metering and valving for each of the proposed eight (8) units, a landscaping/irrigation
system, and the fire sprinkler system is required; this space shall have separate access
available to City Water Department and Fire Department personnel and will not be
obstructed by vehicle parking, other equipment, or the need to pass through another room or
space which could impede access by service personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards for
the existing structures and the newly constructed buildings.
5
8. The subdivision plat shall include explanatory notes fully describing the present status of the
easements encumbering the property including notes and recording citations for easements
which have been extinguished, abandoned or modified; the abutting subdivisions and lots
will also be shown on the subdivision plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and
gutters will be repaired or replaced prior to the issuance of an Certificates of Occupancy;
any improvements or areas disturbed during construction wilt be restored to preconstruction
condition or better; and, the existing light and sign post at the south side of the driveway
onto South Galena Street will be removed.
10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on
S. Galena Street, triangular in shape and containing approximately 82 square feet, to the City
as part of the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation
plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in
the State of Colorado; the plan shall identify solutions acceptable to the City Engineer to
mitigate the site -generated drainage flows; said drainage plan will also need to address the
conveyance of the off -site drainage flows which may pass through the site from the base of
the Aspen Mountain ski area on the eastern side and southeast corner of the property.
12. The property owner is required to join any future improvement districts formed for the
purpose of constructing public improvements which benefit the property under an
assessment formula; the agreement shall be executed and recorded concurrently with the
recording of the subdivision plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be
required to submit to the Aspen/Pitkin County Information Systems Department as -built
drawings for the project, showing the property lines, building footprint, easements,
encroachments, entry points for utilities entering the property boundaries and any other
improvements; these drawings shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the site,
parking or utility plans for this project change subsequent to this approval, a complete set of
the revised plans shall be provided to the Engineering and Community Development
Departments for review and re-evaluation.
15. Prior to the issuance of building permits, the developer shall submit a traffic and parking
plan acceptable to the City Engineer, Parking and Transportation Departments, Streets
Department, and Utilities Department. The plan shall describe traffic detouring, parking,
and staging areas for the several stages of construction of the project. The developer shall be
required to rent on -street parking spaces if, due to the construction activities, any such spaces
will be temporarily impacted or unusable for public parking. These plans and permits will
also need to be coordinated with the Rights -of -Way permit for the utility and street frontage
work.
16. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
17. Prior to obtaining a building or demolition permit, the applicant must have the existing
building tested for asbestos, and if any is present, it must be removed by a licensed asbestos
abatement firm. It is recommended that testing be done well ahead of time so that, if
removal is required, delays will not be experienced.
18. In the event required, a tree removal permit must be obtained from the Parks Department for
any tree(s) that is/are to be removed or relocated; also, no excavation can occur within the
dripline of the tree(s) to be preserved and no storage of fill material can occur within
this/these dripline(s).
19. Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting
sources, and those fixtures set along walkways will be set at no more than twelve (12) inches
above finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the residential
units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of
Aspen.
21. The proposed plans for the common sanitary sewer service line to the development will need
to be reviewed by the Aspen Consolidated Sanitation District line superintendent prior to
building permit issuance; the subgrade parking area will be required to have a District -
approved oil and sand separator installed; a shared service line agreement will need to be
completed and approved by the ACSD Board; no clear water connections will be allowed to
the public system; the flows collected by the trench drain to be installed in the driveway
must be directed into the drywell or stormwater drainage system rather than the sanitary
sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and inspect
the affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit issuance.
24. The applicant will make the required Park Dedication Impact Fee payment, as determined by
the City Zoning Officer, prior to the issuance of a building permit for the project.
25. The applicant shall submit to the Community Development Department, all materials
required to carry out a review of the proposed architecture against the Residential Design
Standards in place at such time as the submittal is received.
26. All material representations made by the applicant in this application and during public
hearings shall be adhered to and shall be considered conditions of approval, unless otherwise
amended by a Board/Commission having authority to do so.
RECOMMENDED MOTION: "I move to approve Ordinance Number 6, Series of 1998."
CITY MANAGER'S COMMENTS:
EXHIBITS:
A - Staff Review of Subdivision Standards
B - Referral Comments
C - Applicant's Proposal (submitted application package)
D - Letters from Neighbors (4)
E - North of Nell Letter/packet from Joe Raczak
0
• EXHIBIT A
Staff Review of the Tippler Townhomes
Subdivision Application
Pursuant to state and local definitions and Chapter 26.88 of the Municipal Code, land which
is divided into two or more interests for purposes of transfer of ownership and/or
development is, by definition, a subdivision and, as such, is subject to the City's review and
approval. The. Tippler Townhomes proposal includes the development of a multi -family
structure/project. As the applicant proposes to create an eight unit multi -family structure,
subdivision review in accordance with Section 26.88.040(C) is required. The various review
criteria and staff s analysis of the proposal's compliance therewith, are summarized below.
la. The proposed development shall be consistent with the Aspen Area Comprehensive
Plan.
STAFF RESPONSE: First, the fact that the proposal went through the GMQS Scoring and
Competition procedures and achieved an average score 14.9 points is a testament to the
proposals compliance with the AACP, in general, and the "Growth Action Plan,"
specifically.
Next, with regard to the AACP's "Transportation Action Plan," the project's walkable
proximity to the downtown and to the Ruby Park bus station, combined with the
provision of facilities to promote the use of bicycles, will serve well to reduce the
residents' dependency on the automobile, thereby reducing traffic congestion and air
pollution in the commercial core. Also, the project (change in use) is anticipated to
reduce the number of vehicle trips generated per day to and from the site, as compared
with current levels. For these reasons, staff feels that the project will move the
community closer to its stated transportation -related goals, as outlined in the Aspen Area
Community Plan, especially with respect to providing transportation alternatives.
Third, the proposed development is also consistent with several of the policies stated in the
AACP's "Housing Action Plan." For instance, the Housing Action Plan encourages infill
development within the existing urban area in an effort to preserve rural open spaces and to
allow more employees to live close to where they work. The policies also promote small
scale residential housing projects which fit within the character of the community and are
interspersed with free market housing throughout the Aspen area. In addition, the Action
Plan recommends that permanent resident housing be located near existing activity centers.
The proposal calls for infill development which is conveniently located with respect to the
commercial core. The proposal calls for interspersed affordable housing units and free
market units.
Furthermore, the Aspen Area Community plan defines "critical mass" as 60% of the
workforce. Accordingly, past projects have been required to mitigate for new employee
generation by providing deed restricted housing at a rate of 60%. The applicant's proposal
includes the provision of four (4) high -quality, above -grade, on -site affordable housing units
which would be rented to qualified residents pursuant to APCHA's (Aspen/Pitkin County
Housing Authority's) affordable guidelines. The project's two 1-bedroom units would be
deed restricted to APCHA's Category 2 income and occupancy guidelines. The two 2-
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• 0 EXHIBIT A
bedroom units would be deed restricted as "lower -priced" Category 3 units. The proposed
unit configurations and rental categories are consistent with the APCHA's preferred unit
types as expressed in its 1997 Affordable Housing Guidelines.
In the referral memo provided by the Housing Office (Exhibit B), the following statements
are made:
• According to Housing Board policy, one of the preferences for unit types is Categories 1,
2, and lower priced Category 3 rental units; therefore, the units being proposed would be
a good addition to the housing inventory.
• The applicant's free market component consists of 12 bedrooms (4 three -bedroom units)
which, at 3 residents per 3-bedroom unit, would house 12 people. The affordable
housing component would house a total of 8 employees (1.75 residents per each one -
bedroom unit, and 2.25 residents per each two -bedroom unit). The applicant is providing
housing for a total of 8 employees, which is approximately 67% compared to the free
market units. The applicant is providing high -quality, on -site affordable housing for
permanent residents, specifically rentals in the Category 2 and 3 range.
Of the twelve (12) goals/policies contained in the AACP's "Commercial/Retail Action Plan"
only one relates to the Tippler Townhomes application. Said goal is to "halt the erosion of
local serving businesses through change in use [by revising] ... the criteria for change in
use in zone districts outside of the CC zone district in order to prohibit the loss of local
serving business through change in use." While this goal would conflict with the proposed
redevelopment of the Tippler Night Club and Italian Caviar Restaurant, staff believes the
preponderance of goals and policies stated throughout the AACP support the proposal and
effectively outweigh the relative strength of this one conflicting objective.
Fifth, the underlying philosophy of the AACP's "Open Space/Recreation and Environment
Action Plan" states that "the natural environment is one of the community's greatest assets,
and the reason many choose to make Aspen their home. From sensitive land development
techniques to recycling efforts, life in this community must reflect the commitment to
preserve our environmental and wildlife resources." As the site in question is presently
developed, there is very little existing vegetation and no significant environmental
features to be preserved. The property is not affected by any natural hazards. The
applicant plans on removing a few small trees, the majority of which fall outside the
City's tree removal permit requirements. The applicant has also stated (p. 27 of
application, Exhibit C) that those trees to be removed which will require a tree removal
permit will be relocated elsewhere on the property or replaced with new trees. The
referral memo from the Parks Department states that it appears as though, if tree
mitigation is found to be necessary, the proposed landscape plan/planting scheme
allocates an acceptable number of new trees.
The submitted landscape plan indicates a fairly extensive amount of plantings in the new
courtyard and in the other undeveloped portions of the site; these planting will help to
reduce the visual impact of the development. With the redevelopment of the site no
existing open space would be lost; rather, the redevelopment would result in
substantially more open space on the site than currently exists. Similarly, by removing
A-2
0 EXHIBIT A
the restaurant and bar uses, the new development would result in lower levels of solid
waste generation, the elimination of existing emissions from the restaurant's kitchen, and
a decrease in PM10 levels in the non -attainment area (downtown) due to the anticipated
reduction in vehicular traffic (see Exhibit B, Environmental Health referral memo).
Also, while the project layout/building orientation is somewhat forced by neighboring
development and existing access requirements, the majority of the units will still maintain
passive solar gain. The applicant has committed to installing low -flow, water saving
plumbing fixtures in both the free market and affordable units. While the development
would be allowed to have two wood burning devices, none are being proposed. The trash
collection area on/for the site will accommodate recycling. The site is located just a
block and a half from the Ruby Park bus station, and the proposal includes areas for
bicycle storage; therefore, the use of alternative means of transportation is being
encouraged.
Lastly, the final section of the AACP addresses "Design Quality and Historic
Preservation." The proposed design for the multi -family building manages to represent
the eclectic nature of Aspen's architecture in a single structure. For instance, while the
eight units would be in a single structure, the architecture will have the effect of making
each unit separately distinct. This has been accomplished by giving each of the units its
own identity through the use of varying exterior materials, building and roof forms, and
heights. This design approach will be successful in allowing the project to fit within the
context of the wide range of architectural styles that are present in the surrounding
neighborhood and the community at large. The use of building materials such as wood
siding, heavy timbers and metal roofing is largely consistent with the materials used
historically (as well as in contemporary structures) throughout Aspen. In addition, the
appearance of Dean Street (used as an alley) would be greatly enhanced by the removal of
the trash receptacles, mechanical equipment and blank fences.
I b. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
STAFF RESPONSE: The site in question, relative to the surrounding area, represents a
somewhat unique situation. The property is a transition site, with all development to the
south comprised of single- and multi -family residential uses; the commercial core to the
north; Aspen Mountain to the east; and, residential and lodge uses to the west. The
proposed multi -family development would provide an appropriate transition from the
commercial core and North of Nell Condominiums to the north, to the single-family
residences which border the Little Nell Ski Run to the south. Specific properties in the
immediate vicinity include the North of Nell Condominiums, the Tipple Inn Condominiums,
the Tipple Lodge, the Little Nell Hotel, the Grand Aspen Hotel, the Galena Place
Condominiums, and various single-family residences which border the Little Nell ski run.
The L/TR zoning lists lodges as the only permitted commercial use and restaurants as the
only conditional commercial use. Detached single-family units are only allowed on lots with
an area of no more or no less than 6000 square feet. Since the owner is not interested in the
A-3
0
0 EXHIBIT A
development of a lodge or restaurant, the only permitted use that would be consistent with
the character of existing land uses in the surrounding area is multi -family residential use.
A neighbor has made it known to staff that he considers the removal of an existing lot line
(combining the two existing lots into one lot) to be a subdivision review issue with regard to
the proposed development being consistent with the character of existing land uses in the
surrounding area. The neighbor feels that the two existing lots provided him with a
reasonable expectation that development of the site would comply with dimensional
requirements attributable to these lot lines. However, the existing structure does not respect
the dimensional requirements of the L/TR zone district with respect to these lot lines; for
instance, the north side of the existing Tippler building sits on the lot line (zero setback) with
planters, stairs, and utility/trash and service areas encroaching into the Dean Street right-of-
way. Similarly, the south side of the existing building and its planters encroach into the
adjacent parcel by approximately eleven (11) feet.
The Land Use Code's provisions with regard to nonconforming structures (Section
26.104.030) would allow redevelopment of the Tippler site to maintain the zero setback on
the north property line as well as the encroachment into the parcel to the south (since it is
under the same ownership), but would require removal of the encroachments into the Dean
Street right-of-way. Therefore, the expectations of the neighbor, as explained above, were
misguided and incorrect; besides, one is never guaranteed that a large, adjacent lot will
never apply for subdivision or a lot line adjustment. Instead, the proposed development
would respect the ten foot front yard setback from the north property line while eliminating
the encroachments into the Dean Street right-of-way. Moreover, staff would assert that these
questions and issues are somewhat moot due to the fact that the applicant is going through
the subdivision review process and the lot lines can be designated (or removed) as part of
this process, provided the review criteria are met to the satisfaction of the City Council.
1 c. The proposed development shall not adversely affect the future development of the
surrounding area.
STAFF RESPONSE: The surrounding area is essentially fully developed, and the proposed
development is anticipated to little effect on the development potential of the neighboring
properties. The Engineering Department, in its referral memo (attached as Exhibit B), states
that there is sufficient capacity in the distribution and collection systems of the several utility
providers for the proposed development, and no _significant upgrades or changes will be
required in the systems of the several utility providers. The applicant will be required to
improve water service lines and sanitary sewer lines to present day standards for the existing
structures and the newly constructed buildings, thereby enhancing the future development
potential of the surrounding area.
Id. The proposed subdivision shall be in compliance with all applicable requirements of
this title.
STAFF RESPONSE: . The proposed subdivision will comply with all applicable
requirements of the City of Aspen Land Use Code, including all dimensional requirements
associated with the L/TR zone district. One neighbor has raised questions with regard to the
proposal's compliance with the L/TR zone district's open space requirements.
A-4
. • EXHIBIT A
The L/TR zone district requires that a minimum of 25% of the site area comply with the
Land Use Code definition of "open space" as found in Section 26.04.100. Community
Development Department staff, including the Zoning Officer, have reviewed the application,
and determined that the project design exceeds the open space requirement. The applicant's
calculations indicate that 30% of the site would comply with the open space definition. Staff
believes this calculation to be accurate, if not low. For instance, the applicant did not count
all the areas that would be located below the roof overhangs; however, the definition states
that "Open space means any portion of a parcel or area of land or water which is
unobstructed from the ground to the sky (with the exception of permitted architectural
projections, such as building eaves ..." With the addition of these areas, the proposal would
contain more than 30% open space, exceeding the requirement of 25%.
In addition, since the areas below building eaves can be counted, the minimum depth
requirement (open space areas that are open to the street must have a minimum depth of ten
feet measured at right angles from the front lot line) pertaining to open space calculations is
met with the front yard setback area of ten (10) feet. The proposed open space also
encompasses 100% of the fifty-nine (59) feet of street frontage, thereby meeting the
minimum frontage requirement. The proposal complies with all other dimensional
requirements of the L/TR zone district. Final verification of the proposal's compliance with
the open space requirements (as well as all other dimensional requirements) will occur with
the review of the building permit application, in accordance with the provisions of Section
26.04.100, Definitions.
2a. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudjlow,
rockslide, avalanche or snowslide, steep topography or any other natural hazard or
other condition that will be harmful to the health, safety, or welfare of the residents
in the proposed subdivision.
STAFF RESPONSE: The site of the proposed development does not contain lands
unsuitable for development, nor is it affected by any natural hazard areas. The site is
currently developed.
2b. 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.
STAFF RESPONSE: No governmental inefficiencies, duplication of facilities, or
unnecessary public costs would occur as a result of the provision of public services to the
proposed development. All required utilities are currently available in the immediate site
area. Any upgrades or improvements required will be carried out at the applicant's expense.
Also, see staff response to standard 1 c., above.
314. Required Improvements/Design Standards, respectively.
RESPONSE: In addition to compliance with the preceding review criteria, the subdivision
regulations also require that various improvements be provided in connection with the
A-5
• • EXHIBIT A
proposed development, and that specific engineering design standards be adhered to. The
applicant is not proposing any variances from these standards, and their compliance with said
standards will be reviewed by the Engineering Department and the various utility providers.
The referral memorandum provided by the Engineering Department (attached as part of
Exhibit B) states that "the applicant has addressed the major elements and requirements of
subdivision development and there are no apparent problems which would preclude the
development."
5. Affordable housing. A subdivision which is comprised of new dwelling units shall be
required to provide affordable housing in compliance with the requirements of
Chapter 26.100, Growth Management Quota System.
RESPONSE: Staff finds the proposal to be in compliance with this criterion. For a more
detailed explanation of this finding, please refer to staffs response to criterion Ia., above.
6. School land dedication standards shall be assessed upon all new subdivisions within
the City of Aspen which contain residential units.
RESPONSE: This section of the subdivision regulations requires the dedication of land or
the payment of an in -lieu fee for each new residential unit in a subdivision. As the property
in question contains only 17,970 square feet of land and is located in downtown Aspen, the
dedication of land would not be appropriate and the payment of cash -in -lieu represents a
more fitting option.
The applicant has agreed to make a cash payment -in -lieu prior to and on a proportional basis
to the issuance of any building permits for the residential units. The appropriate,
proportional fees will be determined at such time as a building permit is requested. Staff
recommends inclusion of this requirement as a condition of approval.
A-6
0 0 Eo=1-erT"?-
MENI0R.�—,VDLNI
To: Mitch Haas, Community Development Department
From: Lee Cassin, Environmental Health Department rl,- C:
Date: December L'6,1997
Re: Tippler Townhomes subdivision, Special Review, G,'.vIQS Exemption, Vested Rights
Parcel iD =i 37-18_-96-433
The Aspen/ Pitkin Environmental Health Department has reviewed the land use submittal under
authorty of the Municipal Code or the City or Aspen, and has the following comments.
SEWAGE 7, REAT-MENT ADD C(--`ILLECT?Cti: Section 11-1.- It shall ':)e utiawitu :or _he owner cr :ccupant of
any building usea or -esiaence or bustress :)urpeses •-vitmmn :..te crr 'o constric: Dr -ec_nst.-uc: an on -site sewage usvcsai :evice.
The pla_^.s to -provide wastewater discosal ;or this project through the cent -al coilection lines of the
Aspen �onsoiidated Sanitation District (ACSD) meet the requirements of this department. The
abui ity of the Aspen Consolidated Sanitation District to handle the increased flow for the project
Will be determined by the ACSD. The applicant must provide doc=entation that the applicant
and the sen ice agency are mutually bound to the proposal and that the service agent.: is capable
of sewing the development.
ADEQUATE PROVISIONS FOR WATER \EEDS: Section 1-3-33 "All buildings, structures, iat lilies. parr, or
the like within :he aty dnuts :vluch use water shall be connected to the mumepal water utility system."
The provision of potable water from the City of -Aspen system is consistent with Environmental
Health policies ensuring the supply of safe water. The City of Aspen Water Department will
determine if adequate water is available for the project. The City of Aspen water supply meets all
standards of the Colorado Department of Health for drinking water quality. A letter of agreement
to serve the project must be provided.
WATER QUAL 1i Y IMPACTS: Sec'don 11-1.3 "For the purpose of maintaining and protecting its murucpal water supply
from irtlury and pollution, the city shall exerese regulatory and supervisor• junsdic on within the incorporated lizuts of he City of Asper.
and over ail streams. and sources contributing to muruepai water supplies :or a distance of ave (5) aides above the points from which
municpal water supplies are diverted."
A drainage plan to mitigate the water quality impacts from covered and paved areas will be
evaluated by the City Engineer. If the plan is approved, this application is not expected to impact
down stream water quality.
1
AIR QUALITY: Sections 11-2.1 "t is he purpose of ,the w quality section of the Muruepal Code; to achieve the maximum
prac=cai degree cr au punry possible by requiting the use of all availabie prac-acai methods and tec^suques to control, prevent and :educe air
poilunon throughout the ctv...' fie Tend Use Regulations seek to 'lessen congestion-' and 'avoid =anspot-anon demands that oannot be men'
as weil as to 'provide clean au by protec=g the natural air sheds and reducng pollutants°.
The ?valor air quality impact is the emissions resulting frtraffic
om the trac generated by this
project. P1N1-10 (83°0 of which comes from traffic diving on paved roads) is a significant
health concern, in Asren. The traffic generated will also produce carbon monoxide and
other emissions that are health conceals. The municipal code requires developments to
achieve the maximum practical degree of air purity by using all available practical methods
to reduce pollution.
This proffer will result in 4 free market units and 4 affordabie housing units. Its present
uses include the Tippler nightclub and a restaurant. The change in use will result in
significantly fewer trips per day than occur presently (using standard = trip generation
rates). In addition, the location of the units so close to shopping :Hakes it more likeiv the
residents will walk or use the bus than if the project were located farther from the
commercial core. Therefore the application will not have a significant adverse air quality
impact.
FIREPLACE,"WOODSTOVE PERMITS The applicant must file a firepiace!woodstove pen -nit
with the Environmental -Health Department before the building permit will be issued. In the Cit•:
of :aspen, buildings may have two gas log fireplaces or two certified woodst0ves (or 1 of each)
and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT
have wood burning fireplaces, nor may any heating device use coal as fuel.
FL:GI7VE DUST A fugitive dust control plan is required which includes, but is not limited to
fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance. This will be crucial at this
site to prevent complaints, since there are so many buildings and so much pedestrian traffic
adjacent to the site.
DE'.\,IO=ON Prior to demolition or remodeling, the applicant should have the building tested
for asbestos, and if any is present, should consult the Colorado Health Department regarding
proper removal. It is likely that this facility may contain asbestos, so the testing should be done
well enough ahead of time to allow abatement before the applicant wants to obtain a building
A.
per -nit.
UNDERGROUND PARKING The applicant must consult with an engineering firm about the
design of the underground parking structure ventilation system to ensure that ventilation is
adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby
areas outside it In order to determine whether the proposed design prevents excessive levels of
carbon monoxide from concentrating inside the structure and in nearby areas and buildings, the
applicant will need to submit the proposed ventilation system plans to the Colorado Department
of Health for their evaluation to meet the above criteria.
CON'FOR.%J.-.10E WITH OTHER ENNTRON-I'VIENTAL HEALTH LAWS:
NOISE ABATENvIEN-T: Section 16-1 "Me city council funds and declares that noise is a significant source of environmental
pollution that represents a present and inc easing threat to the public peace and to the health, safety and welfare of the residents of the City of
Aspen and it its visitors ...... Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and
mariners and at various times and to prohibit noise in excess of those levels.'
During construction, noise can not exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of a.m and 10 p.m. I
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels. Over the long run, this project is likely to significantly
reduce noise from this site, which has been a source of a number of noise complaints in the past.
3
•
DRAFT
•
Y EMOR -N-DL M
To: ditch Haas. Project Planner
Thru: Nick Adeh. City Engineer
From: Ross C. Soderstrom. Project Engineer
Date: November 23, 1997
Re: Tippler Townhomes Subdivision. Special Review. GiVIQS E.ce nption, and Vested Rights
Phvsical Address: 535 Dean Street. Cizy of aspen. CO
Legal Description: Three tracts of'.and lvirg in he NW 1,1. Section A. T10S. RS-%V. of the
6th ?.-'vI.. Cit.- of aspen. CO. consiszing of Lots L. .M. and ,4. Bloc's 97.
Aspen Original Tommite: Lot ': of -.he Tipple %`"oods Subdivision. and Lot
of :he Gannon's Entr.. and more paricsiariv desc.ibed as `ollows:
Tract 1. consisting of Lots L hrouah N. Block 97. _aspen Townsite and an
area defined by a metes & bounds description. and also including
four subterranean parcels. in ail containing I:11 Ac..
Tract I consisting of an area defused by a metes and bounds description and
containing 0.19E Ac.: and
Tract 3. consisting of an area defined by a metes and bounds description and
containing K. square feet. more or less, and all totaling 0.411 Ac.
more or less.
After reviewing the above referenced application and making a site visit, I am reporting the
combined comments made by the members of the DRC:
Discussion:
The applicant has addressed the major elements and requirements of subdivision development and
there are no apparent problems which would preclude the development although some
modifications to the site design may be necessary. The major areas of concern are the adequacy of
the vehicular access and parking arrangement in the underground parking garage and the discharge
of snow and storm drainage flows.
The applicant will be required to complete the standard requirements and conditions associated
with the several forms of development requested in the application.
1 OF 3
DRC%U397.DOC
DRAFT
demo - Tiopier Townnomes ", division. Speciai Review. GMQS Exemption. and Vested Rights
DRAFT
1. Parking: As a practical matter. the proposed above -ground and underground parking
arrangements need to be reviewed to verify that there is sufficient space to maneuver into the
parking spaces as they are shown on the development plans. The number and arrangement of
parking spaces in the common QaraQe may need to be reduced or some of he spaces may need to be
designated as "compact" spaces in order to make parking spaces which may be entered and exited.
2. Utilities: As reposed 'ov the several utility providers. there is sufficient capacity in the
distribution and collection systems for the proposed development and no sia*iificant up-gades or
changes will be required in he several systems. The applicant also acknowledges that he expects to
encounter some unforeseen and sub -standard utility connections in the existing buildings. possjbiv
including shared services with the adjacent Tipple Inn and Tipple Inn Condominiums. and is
prepared to correct these conditions as they are encountered.
3. Driveway Access: Due to an existing access easement benefiting he adjacent property
and dating from the Tipple woods Subdivision. circa 1959, the existing driveway width and
geometn :gill remain essentially unchanged. Sight distance onto S. Galena Street is adequate and
no obstructing 'andscapina nor mprove:nents ire proposed that would adverse!v reduce visibiiiry
of the driveway and street.
4. Sanitary Sewer Service: This property will require multiple sanitary, sever services
(one for each unit). If a trench drain is located in the driveway to intercept storm drainage from
either entering the property from the street or to prevent drainage flows from entering the
subterranean garage. these lows must be directed into the drywell or stormwater drainage system
rather than the sanitary sewer system. Any drains servicing the garage or other areas where the
drains may capture oil. grease and sand. will need to have oil & sand interceptors installed jn-line
before the flows are discharged to either the sanitary sewer or the stormwater drainage system. —
5. Condominiumization: For purposes of operation. maintenance and administration,
each dwelling unit will need to have separate utility services, metering and isolation valves and
switches. The general common elements and limited common elements will be labeled.
dimensioned and identified on the condominium plat recorded after substantial completion of the
buildings and site.
6. Easements: The subdivision plat will include explanatory notes fully describing the
present status of the easements encumbering the property including notes and recording references
of documents for easements which have been extinguished. abandoned or modified.
2OF3
DRC%t2397.DOC
DRAFT
9 0
Memo - Tippler Townnomes Subdivision. Special Review. GMQS Exemption. and Vested Rights
DRAFT
7. Sidewalk, Curb and Gutter Repair and Replacement: As necessary, the existing
sidewalks. curbs and gutters will be repaired or replaced by the completion of the project. An
improvements or areas disturbed during construction will be restored to existing condition or better.
The light and sign post for the restaurant at he southern side of the driveway onto S. Galena St.
will be removed.
8. Dedication of Tract 3 to the City: The applicant will dedicate Tract anon-contizsous
and undevelopable parcel fronting on S. Galena Street. triangular in shape and containing
approximately 32- square feet. to he city as part of the subdivision dedications.
9. Site Drainage and Convevance of Off -Site Drainage: Due to the large area or
impermeable surtace�i in the proposed development. a comprehensive drainage plan Will be
required to accommodate the site -generated drainage _lows. The drainage plan xiil also need to
address the convevance of the off -site drainage tlows which may pass through the site from the
base of aspen Mountain ski area on he eastern side and southeast comer of the propem-. Along
the southerly side of the procerv.. the space between the neighboring multi -store: building and the
proposed condominium building will be particularly susceptible to ice and snow build-up.
Conveying drainage tlows from his side of he procerr:. particularly if attempting to pass off -site
flows through this corridor and around the entrance to the underground garage will require
thorough punning to prevent unintended %eater intrusion and possibie ice build-up.
10. Improvement Districts: The property owner is requested to agree to join any future
improvement districts formed for the purpose or constructing public improvements which benefit
the property under an assessment formula. The agreement would be executed and recorded
concurrent with recording the subdivision plat.
11. As-Builts: Prior to C.O. issuance the building permit applicant will be required to
submit to the Asperv?itkin County Data Processing Dept. as -bunts drawings for the project
showing the property lines, building footprint. easements, encroachments. entry points for utilities
entering the property boundaries and any other improvements.
3OF3
DRCAL397.DOC
DRXFT
Memorandum
TYE CIT'.` CP A--,,-ti'
TO. vE=ii Haas, Comartaity Deveicz=nt
FROM: KeAn Dunnem Pam: s Depaltznent
TiT,7lcr Tow:hwm= �.sidcnnal GM. QS -Azriicstica
DA .. Z 5 NOlicm-:c 199"
I have .-rv.eVrtd :his -TvLLation a.^d izave the mHowing :cs�nea�s:
1. 7= number of the existing t= on the sc,.ihcw-, side of 1:e =operf is
illegible on the survey. It =^cars -at ;f tMe mitigation is reressarl the used
pianting xhr.ne allocates an ac: Ytsbie muter of aew :tees.
2. 7te �3 ' 3 Deparn—* . wouid Like to 3C-- the decica:ous piantings on ±e eastem
side of ±e develapmeat =vet furtf,.er away from the buiiding ;amide-(3 .o i0 fza min.
Please tail with wry' questions.
t34 Scurst G%cs�%?'�tT i�w, G ia�uto 81fi11-1975 PtsM 97C.920. NCO F& 970.97t5i9
loam aaer4a v. ar
spec_ �'�rsa�ld�ted r�Ql?IIQt10I_' Jrstrlc
56:5 Nora: ` lil Sue_.
Aspen. Colorado 31611
Te:e. 970 9_5- 601 c �' =, t 1 9
Sy K,:;i�• C airr<ia.^.
Paul smith
Louis ?ocish See-.'.
November 199
Mitch Haas
Community Development
130 S. Galena
Aspen. CO 81611
Re: Tippler Town homes Residential GMQS
Dear Mitch:
"VI*Chae. \.'.lt
Fran`
Mar.
The aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serge this project. Sen-ice is contingent upon compliance with the Distric-Cs ;.ties.
reaulations. and specifications which are on die at -he Distract pace. There is a downstream
constraint in Gaiena street that will be eliminated through a system or prorated additional :ees.
The plans for the common se --,rice line to the development that is being proposed will need to be
reviewed by our line superintendent prior to construction. The subgrade parking area will be
required to have a District approved oil and sand separator installed. Since more that one unit will
be served by the common service line. a shared ser,;ice line azreement will need to be 'cm oDieted
and approved by our Board. No clear water connections will be allowed to the public system. The
application states that surface run-off and subsurface water will be directed to a dry well system
which helps address our clear water connection concern.
I would encourage the applicant's engineer to continue to work closely with our line
superintendent to determine the best method of connecting the project to the public system. Once
detailed plans are available, a tap permit can be completed at our office. which will estimate the
total connection charges for the project.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District'Manaser
ErA Awards of ExcelIc-ice
1976 1986 1990
Rezional and National
DEC 02 197 E'S:i7�-FM tt-FEN
•
MEMORANDUM
TO; MitC, Naas, Ccrrmunity Develcpmert Oerarhr;ent
FROM: C:ndy Christensen. Hrusirg C fice
DATE. Cecwrber 2. 1S97,
RE. 7ppier Towmicr-es Residential GkICS Appiicatcn
arc IC No. 3737-182-3c-033
jSSy�: The appiicart is crcocsing m dernoiisr, an exzrrg commercial sruaure and .crstruct
four free-martiaei tcwnnerres arc `cur deed restricted aaftrdacle housing unim.
EACKGROUND: The free-nlarxet ,;nits are ceirg prc;csed as .fires bedrooms. `hres a.rd one -
had Baths. acoroximaMrr 2.365 SCLare reel. —iris sc:.ates to 12 free marice: bedrooms. The
ofunable ,cusina =r,"iccnem :s to xrsist :.f -"e �=Ilc vme:
Ca .,U
„c , s
Siz=
2
1 becrccm
820 se. t
37,
2
1 becrccrn
820 Sc.
3
2 bedroom
96C se..'_71'
3
21ecrccm
9EC sc. _
$971r
'The apc!icant is prcocsing :o .rice the Category 3 units as 'lower orfoed" units. Ti-e S271 is
midway between Categcry 2 ^*aximurn and `he maxmum of Category 3.
The sizes of the units are a ittle !arger than the rrinlmum net iivabte square footage vquired in
the-AspvvPftn County 1997 Affordable housing Guidelines. A common'arming area within
the garage -mill provide six designated parking space's tr the four affordable ;^cusirg units, and
two guest paridng spaces. This ailmys at ,east one parking place :er bedroom.
A=rding to Hcusing Scare ccuc/, one of the prufamnc es for unit types is Categories 1, 2 and
lower priced Category 3 rental LHts, therefore, the units -teing proposed would be a good addition
to the `,casing it a tort.
The applicart s free market component consist oT 12 bedrooms (4 3-bedrocm units) which, at 3
residents per a 3-bedrocn- unit, wcuid 'pause 12 people. The affordable housing oomponent
would house a total of a am. picy4n—s (1.75 residents per each one-tedrecm urit and 2.25
resiCents per each two-bedroorn unit).
The applicant $ providing hcL;sirg fcr a total cf 8 employees, which is approximately 67%
ccrrpsred to the free market units. Accordirg `m Section 26-1 C0.06C, Growth managarnant
scoring criteria: residential and tcurlst ac-cemmodaVons, one of the criteria's !a to revitaltzs
DEC 02 ' S7 03: ]..GPM ASPEN 401.!NG --,Fr ? .
the permanent community. The appiicant Is fAling this a tetia by pmviding high -quality, on -site
allordabW housing for permanent mskiw t . spedfiCal y rentals in the Category 2 and 3 range.
RECOMMENDATION; T v Hcusing Office recammerda �e ma)dmum points to ( en in this
specific area. Staffi wmA recorrvnend the 161cvAng corditiarm:
. a site vtsit by star cf the afficrdads housing units prior to Certificate cf Occ,oar.cy; ai-d
2. a deed r'eet ,than 'te recorded PRIOR to building, permit aoorcval.
! T --No,
� L
January 5, 1998
TO: Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Art: Mitch Haas, Planner
FROM: Tipple Inn Condominiums
505 E. Dean St.
Aspen, CO 81611
RE: Tipple Townhome Project
Dear Mitch:
The Tipple Inn Board of Managers has met with Mr. Sirous Saghatolesami and have reviewed
the plans regarding the proposed demolition of the existing Tippler Bar and restaurant and
subsequent construction of the new Tippler Townhomes.
This letter is to express the Tipple Inn Board of Managers approval with the project in
concept. If the Association has any minor concerns regarding design, landscaping and parking,
it will address these issues with the appropriate officials at the right time. Therefore, the
Tipple Inn Association has no further comments at this time in the review process.
Sincerely,
ASPEN SNOWMASS LODGING COMPANY, INC.
Douglas L. Nehasil
Vice President
Managing Agent for the Tipple Inn Condominium Association
cc: Sirous Saghatolesami
• 747 South Galena Street Aspen. Colorado 81611 970.923.2260 300.321.7025 Fax: 970.925 2264
httpJhvwtv.aspenonline.com/aspenlodgingco E-mail: lodging@csn.net
•
January 9, 1998
Community Development
Building -Planning -Zoning
130 S. Galena
Aspen, CO 81611
Dear Planning Office,
1(co r th �
of kee11
pEDtIVED
JAN I J 1998
rnOrCtV ; rt I MN
COMMUNITY DEVELOPMENT
The North of Nell Condominium Association has reviewed the
application submitted by Sirous Saghatoleslami regarding the
conversion of the Tippler Restaurant and Nightclub to townhomes.
Historically, the Tippler nightclub has created tremendous noise
impacts on the North of Nell operation. we strongly support the
plans submitted with the condition of maintaining the 28 foot
height limitation.
Please call me with any questions you may have.
S_-nce"--`_�,
Joe Raczak
General Manager
555 E. Durant Avenue • Aspen, Colorado 81611 (970) 925-1510 • Fax (970) 925-1550
Webb: http://wwNv.lfoa.com/northnell E-mail: northnel(a-,rof.net
•
•
.AN cqA
i
Cc%muuNM':)EVE --PAE�T
S7 . ✓kr . mo d
. ��
i
January 20, 1998
TO: Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Att: Mitch Haas, Planner
FROM-. Galena Place Condominiums
Alpenblick Condominium Townhomes
Faschine Haus East & West Condominiums
Fifth Avenue Condominiums
RE: Tipple Townhome Project
Dear Mitch:
As the Property Manager for the above mentioned Condominiums Associations, I have been
requested to send a letter to you concerning the proposed Tipple Townhome project.
This letter is to express each Association's approval with the project in concept. If any
Association has minor concerns regarding design, landscaping and parking, it will address
these issues with the appropriate officials at the right time. Therefore, the above Associations
have no further comments at this time in the review process.
Sincerely,
ASPEN SNOWMASS //LODGING COMPANY, INC.
Douglas L. Nehasil
Vice President
Managing Agent for the above Associations
cc: Sirous Saghatolesami
747 South Galena Street .aspen. Colorado 81611 970.925?_60 800.31_1.7023 Fax: 970.923.2204
http:iA%,tv%v.aspenonIine.com/aspenlodgingco E-mail: IodgingCcsn.net
•
April 15, 1998
TO: Planning and Zoning Commission
130 S. Galena St.
Aspen, CO 81611
FROM: Tipple Inn Condominium Association
505 E. Dean St.
Aspen, CO 81611
RE: Tipple Townhome Project
Dear Commissioner:
f�J
RECEIVED
APR 1 5 1998
AbPtiy / rl I KIN
COMMUNITY DEVELOPMENT
The Tipple Inn Condominium Association held its Annual Meeting on April 9, 1998. At this
meeting, the homeowners voted to express their approval of the demolition and removal of
the Tippler Bar and restaurant and subsequent construction of the new Tipple Townhomes.
We approve the Tipple Townhomes in concept and any minor concerns regarding design,
open space, view planes, landscaping and parking etc. will be addressed with the appropriate
officials at the proper time.
Please contact Doug Nehasil at the Aspen Lodging Company if you have any questions
regarding this letter.
Sincerely,
Tipp nn Condominium Association
ra ord
President
• 747 South Galena Street Aspen. Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264
http:/hw%nv.aspenonline.com/aspeniodgingco E-mail: lodging@csn.net
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April 20, 1998
Dear Mayor John Bennett and City of Aspen Council Members,
The North of Nell has reviewed the application submitted by
Sirous Saghatoleslami and strongly endorse the conversion of the
Tippler Restaurant and Bar to townhomes. Historically, the
Tippler nightclub has created tremendous noise impacts on the
North of Nell operation and the surrounding properties. We
support the plans submitted with the condition of maintaining the
28 foot height limitation and the request that you review the
parking problems on Dean Street. Dean Street is designated for
pedestrian passage, delivery and emergency vehicles, but more
closely resembles an unenforced parking lot. The number of
vehicle trips and traffic congestion is currently unacceptable.
Enclosed for your review are historic documentation regarding the
use of Dean Street and correspondence from Rob Baxter, Aspen
Mountain Manager and Stan Clausen regarding stepped -up
enforcement of existing parking problems. Also enclosed are
various photographs of the current misuse on Dean Street.
In the Planning Staff comments regarding the Tippler conversions,
it states "In addition, the closure of the restaurant and bar
would significantly reduce, if not eliminate, the impact of
delivery vehicle and trash hauling traffic on Dean Street,
thereby significantly enhancing the safety and experience of the
pedestrian link between the former Ritz Carlton and the Grand
Aspen Hotels and the Aspen Mountain ski area's base
facilities/gondola plaza."
The North of Nell Condominium Association requests that the
parking abuses on Dean Street be reviewed and that the Council
considers improving the Dean Street pedestrian experience.
Thank you for your attention to this matter.
Sincerely,
Joe Raczak
General Manager
cc: Rob Baxter, Aspen Mountain Manager
Sirous Saghatoleslami
Amy Margerum, City Manager
City of Aspen P & Z Members
555 E. Durant Avenue • Aspen, Colorado 81611 (970) 925-1510 • Fax (970) 925-1550
Webb: http://www.ifoa.com/northnell E-mail: northnel@rof.net
� 1�(orth �
f
bell
555 E. Durant • Aspen, Colorado 81611
(303)925-15i0
November 13, 1996
Mr. Stan Clauson
Planning Director
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Stan,
Please consider this letter an endorsement by the North of Nell
Condominium Association of the Aspen Skiing Company's plan to
place three ski storage lockers on the lawn next to the base of
the Silver Queen Gondola with the following conditions:
1) The North of Nell reserves the right after the one year
experiment to discontinue, or to agree to changes based on the
relative success of the project and it's impacts on the North of
Nell.
2) The Aspen Skiing Company honors their enclosed agreement
dated November 2, 1996 to help police the illegal
ing and use
of Deane Street which will help mitigate our concerns
regarding
increased traffic in that area.
The North of Nell has received the plans for the project and has
agreed to the location of the ski storage lockers.
Thank you for your attention to this matter.
Sincerely,
Joe Raczak
General Manager
cc: Rob Baxter, Aspen Mountain Manager
Sirous Saghatoleslami
ASPEN SKIING COMPANY
November 2, 1996
North of Nell Condominium Association
555 Durant Avenue
Aspen, CO 81611
To Whom It May Concern:
Thank you for taking the time to talk with myself and Joe Raczak regarding our proposed ski storage lockers
and the use of Deane Street and the Little Nell plaza area.
You have made some excellent points regarding the use of both these areas and I appreciate your insight and
suggestions. I was unaware of your frustration with this summer's construction activity related to the
remodel of the suite above Ajax T avern and would like to apologize to you.
As Mountain Manager for Aspen Mountain, I am in a position to take greater responsibility for management
of these areas and have now done so. As such, the following actions will be taken:
• sit down with Eric Calderon, General Manager of The Little Nell, and develop a program to better
manage traffic in the area, both winter and summer.
• formalize a written policy for Aspen Skiing Company employees, subcontractors and visitors
regarding parking on Deane Street and the use of The Little Nell plaza.
• meet with the City of Aspen parking department to discuss stepped -up enforcement of existing
parking regulations on Deane Street; and
0 continue the policy of closing, with a temporary gate system, the plaza area at the end of Deane street
to automobile traffic of any kind.
These measures will be put into effect as soon as possible. Certainly by this winter all of your concerns will
be addressed.
In addition, I will be directly involved with all aspects of our ski transfer program and will be setting strict
protocol regarding the pick-up and delivery of skis from the storage lockers. The protocol will be designed to
minimize any potential impacts on all surrounding property.
I've spoken with Citv of Aspen Planning Director Stan Clauson recently about his ideas on how to improve
the Deane Street pedestrian experience, especially as it relates to the mass transit center at Rubey Park. I will
keep you informed of any good ideas that come out of those discussions.
Your concerns regarding the use of Deane Street and The Little Nell plaza are valid, and I share them. I will
personally give the issue my attention and supervision and work to insure that the experience in the area is a
positive one for my guests and residents of the North of Nell building.
A46k
I
PCSi OFFECE. BOX CCLORACO 81612-1_48 • 97C/925-1220
0
ASPEN SKIING COMPANY
I am looking forward to discussing this issue with you, especially in the context of moving forward with our
trial placement of the proposed ski storage lockers, and I am confident that we can resolve any outstanding
differences to your satisfaction. Please don't hesitate to call me directly at (970) 920-0732.
r�
Sinc r y,
Rob Baxter
Aspen Mountain Manager
PCST OFFICE BCx 1-246.AEPEN, CCLCRACC 3161-•1-2$8 0 970/925-1220
n
ASPEN SKIING COMPANY
November 13, 1996
Mr. Stan Clauson
Planning Director
City of Aspen
130 S. Galena Street
Aspen, CO 81612
Dear Stan:
This letter is to request a minor amendment to the Little Nell SPA in order to accommodate the
temporary placement of three ski storage lockers at the base of Aspen Mountain.
The lockers are small sheds with a roll down door and horizontal slots for inside storage of skis.
The lockers measure by 8'x 6'x 8', are painted the same color as the existing ticket buildings at the
base area, and will receive the same exterior treatment - a blue band around the top with printed
information in white letters.
We have had extensive discussions with abutting neighbors regarding the placement of he ski
storage lockers, and both Sirous Saghatoleslami of the Tippler and Joe Raczak, manager of the
North of Nell building, have concurred with the location placement and use of the ski storage
lockers.
In our discussions with both Sirous and Joe, we have agreed to a number of conditions, which
include:
• this is a one year experiment and we will meet with all parties to determine the relative success
and to agree on any changes that need to be made regarding placement or use;
* relocating several large trees and two informational ski area signs from the edge of the lawn
area to locations immediately adjacent to the base of the Little Nell lift;
* developing a formal policy for Aspen Skiing Company employees, subcontractors and visitors
regarding parking on Deane Street and the use of the Little Nell Plaza;
fit- meeting with the City of Aspen parking department to discuss stepped -up enforcement of
existing parking regulations on Deane Street; and
* continuing the policy of closing with a temporary gate system, the plaza area at the end of the
Deane Street to auto traffic of any kind.
Given the above conditions and discussions with our neighbors, we feel confident that the
placement and use of the ski storage lockers will be an asset to our skiing customers, and should
improve the convenience of the mass transit system by allowing skiers to leave their equipment
overnight and/or request that their skis be transferred to another mountain by the next morning.
At -
POST OF,-icE &x 1'-48, Asne;, COLORADO 81612.1248 0 970/925-12_0
• ASPEN SKIING COMPANY •
As planning director, we would request that you approve this request for a minor amendment to
the Little Nell SPA and that you instruct the building department to release the building permit
currently on hold for this project.
Thank you very much for your consideration of this matter.
S
el ,
4X-"-
Rob Baxter
Aspen Mountain Manager
At -
Posy OFFICE Box 1248, ASPEN, COLOPADO 81612-1248 • 970/925-1220
STAFF COMMENTS: The location of the proposed development virtually guarantees the
satisfaction of this criterion. The main objective of the criterion is to reduce the community's
day -today dependency on the automobile. The project represents an intill site within easy
walking distance of the downtown core and only one block from the Ruby Park bus station (also
the site of the potential future dght rail station). The site's proximity to downtown will enable its
residents to easily walk. bicycle or take the bus to work. to shoo. or -o rer eate. This ability is
expected 'to 'nave the potential -o reduce both vehicular congestion and air pollution in the
downtown. The proposal promotes the use of bicycles for =portation by including an area for
bicvcle storage in the sub-gade caridu Garage. In addition. he ciosure of the restaurant and bar
would significantly reduce. if not eiiminate, the impact of delivery vehicle and sash iauiing
traffic on Dean Street, thereby sig ificantly enhancing the safevi and experience of the pedestrian
link ber,veen the former Ritz C riton and the Grand Aspen Hotels and the Asren Mountain ski
area's base facilities/ gondoia piazr.
The refe.^:al memo from ,he aavironmentai Health Depa=ent (attached as LYu.ibit 3) states :hat
the chanve in use om the-Ippier nightclub and taiian Caviar restaurant will result in
sianircantly _-ewer. rips per iay -han occur presently (using l r zin �zeneration rates). He
Environmeatai Health memo Toes on to state that the location of :he units so close -o shoppins
makes it more likeiv that he residents �ariil avail;. biic- Jr use he pus than he project were
located .archer from the commerciai core: therefore. the _rplicarion wiil aot nave a Si=iflicant
adverse air auality impact.
In summary. the proiecvs .vaikabie proximity to the downtown and to the Rubv Park bus station.
combined with the provision of facilities to promote the use of bicycles, will serve well to reduce
the residents' dependency on the automobile. thereby reducing traffic congestion and air
pollution in the commercial core. Also. the project (change in use) is anticipated to reduce the
number of vehicle trips generated per day to and mom the site, as compared with current levels.
For these reasons, star feels that the project will move the community closer to its stated goals
with respect to providing transportation alternatives. Stafbe?ieves that the project is doing more
than making a modest contribution given the scale of the development and, thus. is
recommending a score of 4.
PLAN'iN-riG STAFF RECOiY11i IENDED SCORE: a
3. Promoting environmentally sustainable development: Residents of the Aspen area
recognize that the natural environment is one of the community's greatest assets. As a result,
they wish to allow only that development that is environmentally sensitive and that promotes
individually responsible. ecological lifestyles. The community seeks to foster a high level of
consciousness relative to resource conservation, wildlife protection and environmental
sustainability.
4
Richard W.1 Owen
11200 Luxmanor Road
Rockville MD 20852
(301) 984-5903
April 14, 1998
Mr. Joe Raczak, Manager
North of Nell Condominium Association
555 East Durant Street
Aspen CO 81611
RE: Dean Street Parking Problems
Dear Joe:
On my recent trip to Aspen, I was again appalled at the number of automobiles, pickup
trucks and even semi -tractor trailer units parked in the 500 block of Dean Street, both day
and night, despite numerous "no parking at any time" signs. The vehicles, which were
not delivery trucks for the Tippler Bar, remain unattended and locked for long periods.
This illegal vehicular use and parking on Dean Street has had a significant, adverse
economic impact on me.
I was more upset when I was told by a police officer that the Aspen Police Department
does not enforce parking prohibition on Dean Street unless they are called each time an
automobile is illegally parked. On the evening of April 4`h, as a result of a call to the
police department, a female officer ticketed one automobile, but refused to ticket a
suburban truck parked on Dean Street. She went into the Tippler Bar to talk to the driver.
After talking to the driver, she determined the driver was waiting for someone to come
down the mountain "with heavy equipment." Before she quickly left on an "emergency"
call, she said she advised the driver that next time he should have a permit to park on
Dean Street. Although she is paid by my taxes to enforce the law, she said she didn't like
to make anyone mad by giving them a ticket. An hour later, the driver left the Tippler
Bar carrying a video recorder. Not exactly "heavy" equipment, if one believed either the
drive or the police officer.
Because the governmental authorities would probably not believe the magnitude of the
problem, I have enclosed two pictures taken from my balcony of the congestion that my
guests and I are faced with daily. Dean Street was to be a pedestrian gateway to the
mountain. It has become an ugly, dead-end alley and parking lot for the commercial
interests at the Little Nell Hotel and Aspen Ski Company. As the neighborhood became
more residential in character, the commercial operation at the Tippler Bar adapted to the
demands of its residential neighbors. On the other hand, the Little Nell Hotel and Ski
Company have disregarded complaints from neighboring residential owners and refused
to be a good neighbor, using Dean Street as their private access.
Having watched people who parked on Dean Street, I can say that the vast majority of
parking offenders go to the Ski Company offices, or are related to the Ski Company's
operations. In addition to the parking problem, a number of automobiles drive down
Dean Street believing it to be a through street, only to stop and turn around.
When determining appropriate nighttime use of the Gondola requested by the Ski
Company, and following the construction of multi -million dollar, luxury condominium
units at the Tippler sight, governmental authorities should take into consideration the
affect on the owners of North of Nell of increased vehicle traffic and parking on Dean
Street, both day and night. When the Tippler condo's are built, the City should block
Dean Street at the Tipple Inn parking space to stop all vehicle traffic.
As for the Ski Company's employees and patrons use of Dean Street, the Ski Company
has more than adequate parking space and facilities in front of the Little Nell Hotel to
drop-off and pick-up skiers and gondola riders, provide for emergency vehicles, and park
the semi -tractor trailers used for Ski Company promotions. Unless Dean Street is
blocked to vehicles and parking restrictions enforced, nighttime use of the gondola will
increase the use and congestion on Dean Street late into the evenings.
When you present the North of Nell Condominium Association's position on gondola use
and the proposed Tippler condos, please request that Dean Street be used only as
originally intended, a pedestrian walkway, and blocked from the Tipple Inn parking lot.
Parking for all owners, tenants and guests, as well as service vehicles for the planned
Tippler condos, must be limited to underground parking on the south side and all parking
and deliveries prohibited on Dean Street. This would include parking for occupants of
the employee housing units adjacent to Dean Street.
Please thank the authorities for their consideration of this very important aspect of the use
of Dean Street.
Ve truly yours,
Richard W. Owen
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN. COLORADO 81811
GIDEON 1. KAUFMAN December 1, 1985
DAVID G. EISENSTEIN
Mr. Jay Hammond
City of Aspen Engineering Department
130 South Galena Street
Aspen, Colorado 81611
Re: Application for Encroachment for
Aspen Skiing Company Little Nell
Base Area Redevelopment
Dear Jay:
TELEPHONE
AREA CODE 303
925-8166
We represent the Aspen Skiing Company which is seeking
an encrochment license to encroach upon that certain property
in the City of Aspen known as "Dean Street" from the area
where Dean Street intersects Galena Street east along Dean
Street to the end of Dean Street. Therefore, please consider
this letter an application under Ordinance No. 41, Series of
1985, amending Section 19-5 of the Municipal Code, and
pursuant to "Procedure for Granting Encroachment Into or
Vacation of Right -of -Way", City of Aspen Engineering
Department, July 22, 1985.
I. SUBMITTAL REQUIREMENTS:
A. Letter of Application.
i) The name and address of the applicant is:
The Aspen Skiing Company, P.O. Box 1248,
Aspen, Colorado 81612.
ii) The following are the names and addresses of the
property owners abutting on to the area of the
encroachment.
(1) North of Nell Condominium Association
c/o Charlie Hopton
555 East Durant
Aspen, Colorado 81611
(2) The Tipple Lodge Condominiums
c/o Lee Miller
747 S. Galena Street
Aspen, Colorado 81611
(3) The Tippler -Copper Kettle
The Kettle Corporation
P.O. Box 8080
Aspen, Colorado 81612
Mr. Jay Hammond
December 1, 1985
Page 2
Tipple Inn Corporation
P.O. Box 147
Aspen, Colorado 81612
iii) Applicant requests an encroachment for creating
a pedestrian access area and vehicular drop-off
area for access to Aspen Mountain. Applicant plans
to repave Dean Street and install benches,
decorative paving, pedestrian scale lighting,
landscaping ... in the area of the encroachment
to create an attractive, safe pedestrian access
along Dean Street to Aspen Mountain. This portion
of Dean Street has typically been used as
pedestrian access to the mountain, and also as
skier drop-off and truck loading and unloading
area which has created unsafe and unattractive
alleyway conditions. Dean Street is presently
encroached upon, in part, by the Tippler - Copper
Kettle complex, although we are not aware of any
encroachment license being granted to that
building. It is also believed that parking for
the Tipple Condominiums may encroach onto the
Dean Street right-of-way. Enclosed are ten
copies of site plan which indicates schematically
the improvements applicant intends to make in the
area of the encroachment.
B. Site Survey.
Enclosed please find ten copies of survey prepared in
accordance with the requirements of the July 22,1985
Engineering Department procedures.
C. Site Survey Reduction.
Also enclosed please find ten copies of reduction of
site survey.
D. Processing Fee.
Included with GMP and SPA Precise Plan Applications.
E. Approval From Other Boards:
This Application is made in conjunction with Application
for GMP and SPA Precise Plan approval, which require the
review of the Planning and Zoning Commission.
Ll
•
Mr. Jay Hammond
December 1, 1985
Page 3
A. Circulation.
II. REVIEW CRITERIA:
The proposed encroachment does not cause any problem
with regard to accessing property in the area. The request
is designed to improve area circulation, and does not prevent
surface vehicles or utility companies from accessing
facilities or other structures. As is indicated above, Dean
Street is already utilized as pedestrian access and a
drop-off point. It will continue to be utilized as such, but
in a much more attractive and safe fashion,
B. Streets Maintenance.
The proposed encroachment does not create any problem
for street maintenance or snow removal operations.
C. Utilities.
The proposed encroachment does not interfere with
existing or future utility needs for the area.
D. Enforcement.
The proposed encroachment does not create or compound
any existing problem for traffic control, city police or fire
department personnel. The proposed improvements will allow
for better enforcement of parking regulations as vehicles
will not be able to stop in or block the Dean Street area.
E. Expansion.
The proposed encroachment does not provide an
opportunity for expanding the floor area of structures. The
expansion does not require growth management approval.
F. Income Space.
The area of the encroachment is not intended for
commercial or other income producing space, except there will
be ticket booths (kiosks). These could conceivably be
considered as "commerical or other income producing space",
but we do not believe this is the type of space that the
Engineering Department procedures and Ordinance No. 41,
Series of 1985, were concerned about.
G. Adopted Plans.
There is a plan, formulated in conjunction with the
Mr. Jay Hammond
December 1, 1985
Page 4
Aspen Mountain Lodge approvals, for a Dean Street trail on or
about the area of the encroachment. As the encroachment is
to be utilized for pedestrian access and to be conducive for
pedestrian travel, this does not adversely affect the adopted
plan, but rather benefits the plan.
H. Benefit.
The encroachment is beneficial to the City of Aspen and
the public in general as it creates a more attractive, safe
access over the Dean Street right-of-way to Aspen Mountain,
and creates an area for safe skier drop-off at the
intersection of Galena and Dean Streets. The encroachment
creates a valuable amenity for the City and the public as it
will beautify the entrance way to Aspen Mountain.
i) The granting of this encroachment acknowledges an
existing condition because Dean Street has always
been used as a pedestrian access and drop-off for
Aspen Mountain. This is a natural locale for a
mall -like access point to the mountain, and is
in keeping with the traditional use of thea area.
ii) This encroachment may be considered a valuable
public amenity for it beautifies open space and
creates safe, attractive access to Aspen Mountain.
iii) The proposed use of the encroachment area will not
interfere with any use by the City of the area for
roadway, utility or any other purposes.
iv) No utilities or governmental agencies anticipate
any reasonable future need for this area of Dean
Street.
After you have reviewed the enclosed, please contact us
with any questions or comments you might have. Thank you for
your attention to this matter.
Sincerely,
LAW ICES OF GIDEON I. KAUFMAN,
a P o s' Corporation
Y
B "�
Gide& Kaufman
GK/bw
Enclosures
cc: Peter Forsch
cc: Bill Kane
encroachment app/DOC6
Plant List
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April 15, 1998
TO: The Aspen City Council
130 S. Galena St.
Aspen, CO 81611
FROM: Tipple Inn Condominium Association
505 E. Dean St.
Aspen, CO 81611
RED Tipple Townhome_Project
Dear City Council Member:
DISTRIBUTED TOE
v e7
Response By:
By Date-
For -
The Tipple. Inn_ Condominium Association held- its- Annual Meeting_ on ApriL 9,. L99&- " At this
meeting, the homeowners voted to express their approval of the demolition and removal of
the Tippler_ Bar and restaurant_ and_ subsequent construction of the new Tipple__Townhomes.
We approve the Tipple Townhomes in concept and any minor concerns regarding design,
open space, view planes, landscaping and parking etc. will be addressed with the appropriate
officials at the proper time.
Please_ contact_ Doug- Nehasi - at the -Aspen Lodging Company if you have_anX questions
regarding this letter.
Sincerely,
RECEIVED
Tip e Inn Condominium Association
AVH U 1996
Cra or ASPLN / PITK"!
President COMMUNITY Dr_VP-
• 747 South Galena Street Aspen, Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264
http://�v%vw.aspenonline.com/aspenlodgingco E-mail: lodging@csn.net
0 0 viewoe
MEMORANDUM
TO: The Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney
Stan Clauson, Aspen Community Development Director
Julie Ann Woods, Aspen Community Development Deputy Director
FROM: Mitch Haas, 14
RE: The Tippler Townhomes Application for GMQS Exemption, Subdivision,
and Vested Property Rights. First Reading of Ordinance �p , Series of 1998.
Parcel ID 2737-182-96-033
DATE: March 23, 1998
SUMMARY: The Community Development Department has received a request to
redevelop The Tippler Night Club and Italian Caviar Restaurant (see application attached as
Exhibit Q. The proposal involves demolition of the existing structure, and the subsequent
development of four (4) free market residential units and four (4) deed restricted units in a
single multi -family structure. The four proposed affordable units would include two (2) two -
bedroom units and two (2) one -bedroom units, deed restricted for rents in the Category 3 and
Category 2 levels, respectively. Included in the layout and design of the proposed
development is an underground parking garage with sixteen (16) spaces, four (4) surface
parking spaces, vehicular access from Galena Street, pedestrian access from Dean Street, and
a landscaped pedestrian courtyard connecting the Galena and Dean Street sides of the
development.
Pursuant to Section 26.100.050(C)(3)(b), the four deed restricted units are entitled to a
GMQS Exemption from City Council, and GMQS Allotments for the four free market units
have been secured by the applicant with the adoption of City Council Resolution 16, Series
of 1998. Also, as the proposal calls for the development of a multi -family structure,
Subdivision review is required. At a public hearing held on March 17, 1997, the Planning
and Zoning Commission recommended approval of the proposed subdivision with
conditions.
Community Development Department staff and the Planning and Zoning Commission
recommends approving the proposed Tippler Townhomes Subdivision request with
conditions. Staff also recommends granting both a GMQS Exemption for the four
proposed affordable housing units, and Vested Property Rights for the site specific
development plan.
PREVIOUS ACTIONS: Through the Growth Management Scoring and Competition
Process, the Growth Management Commission awarded the proposal an average score of
14.9 points, exceeding the minimum acceptable threshold score of 12 points (see Resolution
Number GMC-98-01). In the fourteen days following the Growth Management
Commission's decision, no appeals were filed with the Community Development Director.
The Board of County Commissioners unanimously accepted the scoring by a vote of 5-0 at
their hearing on February 25, 1998. At the March 9, 1998 City Council hearing, Council
unanimously approved Resolution 16, Series of 1998 by a vote of 4-0, thereby granting final
approval of the scoring and awarding the four requested Metro Area Residential Growth
Management Allotments.
On March 17, 1998, the Planning and Zoning Commission granted final approval to the
proposed off-street parking plan for the affordable units via Special Review. At the same
hearing, the Commission recommended that Council grant the request for Subdivision
approval with the conditions suggested by staff.
APPLICANT: Kettle Corporation care of Sirous Saghatoleslami, represented by Vann
Associates.
LOCATION: 535 Dean Street; Legally described as: "Lots L, M and N, Block 97, Aspen
Townsite, Lot 1, Tipple Woods Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of
Section 18, T.10 S., R.84 W., of the 6th P.M., City of Aspen, County of Pitkin, State of
Colorado." Currently the site of The Tippler Lunch, Apres Ski and Dancing night club located
on the south side of Dean Street between South Galena Street and the base of the Aspen
Mountain Ski Area.
ZONING: L/TR, Lodge/Tourist Residential
CURRENT LAND USE: The property consists of three separately described tracts of land
(see improvement survey and pages 3-5 in written application, Exhibit D) containing a one-
story brick and wood commercial structure with a full basement, an adjacent outdoor patio, and
a paved parking area. The existing structure contains approximately fourteen thousand square
feet, inclusive of the basement, and is located predominantly on Tract 1. The existing
structure's surface parking area is located entirely on Tract 2, and Tract 3 contains a portion of
Galena Street and the adjacent public sidewalk. The ground floor of the existing structure is
occupied by the Tippler nightclub and bar. The Italian Caviar restaurant occupies the
structure's basement.
Existing land uses within the immediate vicinity include the North of Nell Condominiums,
which are located across from Tract 1 on the north side of Dean Street; the Tipple Lodge,
which is located immediately south of Tract 2; the Tipple Inn Condominiums, which are
located immediately west of Tract 1; and, the Galena Place Townhomes, which are located t
the southwest of Tract 2. The Aspen Skiing Company's Little Nell ski run, the Silver Queen
Gondola and the Little Nell ski lift abut the eastern boundary of Tracts 1 and 2.
LOT SIZE: 17,890 square feet.
1?
ALLOWABLE FAR: The lot area, for purposes of calculating the allowable floor area will
need to be confirmed by the City's Zoning Officer during the review of building pen -nit
application materials. For purposes of a preliminary estimation, however, the lot has an area of
16,200 square feet after slope reductions are accounted for. Next, the area of the proposed
access easement is subtracted, resulting in a net area of 14,960 square feet from which to
determine the allowable floor area on the site. As the L/TR Zone District has a maximum
allowable FAR of 1:1, the site could hold up to 14,960 square feet of floor area as calculated
under the provisions of the Land Use Code.
REVIEW PROCEDURE: Subdivision review is a two-step review with public hearings
held before, first, the Planning and Zoning Commission and, then, the City Council. The
Commission acts in an advisory capacity to the City Council in the review of Subdivision
requests. Subdivision requires proper noticing of the public hearing through mailing, posting
and publication. In the same notice and associated hearing, Council has the authority to
grant, grant with conditions, or deny the GMQS Exemption and Vested Property Rights
requests.
REFERRAL COMMENTS: Comments from the Parks, Housing, Engineering, and
Environmental Heath Departments, as well as the Aspen Consolidated Sanitation District are
attached as Exhibit B. These comments have been included in staffs responses to the
Subdivision Review criteria, where applicable. Written comments were also received from
various neighbors and are attached as Exhibit E.
STAFF COMMENTS:
Section 26.100.050(C)(3)(b), Affordable Housing GMQS Exemptions by City Council
Section 26.100.050(C)(3)(b) of the Land Use Code states that "All affordable housing deed
restricted in accordance with the housing guidelines of the City Council and its housing
designee, shall be exempt from the growth management competition and scoring procedures by
the City Council." From this standard, it appears that the only criteria for deciding whether to
grant the exemption would be compliance with the applicable requirements of the Aspen/Pitkin
County Housing Authority's (APCHA) housing guidelines.
The proposed one -bedroom affordable units would contain approximately 620 square feet of
net livable area while the two -bedroom units would contain approximately 960 square feet.
These figures exceed APCHA's minimum net livable area requirements for Category 2 and
"lower priced" Category 3 affordable housing units. The proposed affordable housing units
would be deed restricted prior to the issuance of a building permit for the project and rented to
qualified residents pursuant to applicable guidelines in effect at the time of deed restriction.
Since the proposal complies with APCHA's housing guidelines, staff recommends granting the
requested GMQS Exemption.
Pursuant to Section 26.100.050(C)(3), if the requested exemption is granted, the four (4)
exempt units must still be deducted from the "Affordable Housing" pool of annual
development allotments established pursuant to Section 26.100.040 and from the metro area
9
development ceilings established pursuant to Section 26.100.030. The four deductions would
leave the "Affordable Housing" pool with 46 remaining/available units.
Section 26.88.040(C), Subdivision Review Standards
For a complete staff review of each Subdivision review standard, please refer to Exhibit A,
attached hereto. With the conditions outlined in the "Recommendation" section of this memo
(below), staff finds that the proposal complies with each of the review standards enumerated
in Section 26.88.040(C); therefore, staff recommends approval of the Tippler Townhomes
Subdivision request with conditions.
Section 26.52.080, Vested Property Rights
In order to preserve the land use approvals which may be granted to the Tippler Townhomes
application, the applicant has requested vested property rights status pursuant to the
provisions of Section 26.52.080 of the Land Use Code. Such status can only be granted by
ordinance of the City Council. Section 26.52.080 does not contain any specific submission
requirements or review criteria, other than a public hearing, to confer vested property rights
status. Consequently, staff recommends granting the requested vested property rights status,
provided the ordinance approving the site specific development plan is adopted.
RECOMMENDATION: Staff recommends approval of a GMQS Exemption for the four
proposed affordable dwelling units.
Staff also recommends approval of the Tippler Townhomes Subdivision application with the
following conditions:
1. Prior to the issuance of any building permits, the applicant shall provide the Environmental
Health Department with: (a) documentation indicating that the Aspen Consolidated
Sanitation District (ACSD) is capable of serving the development; (b) a letter of agreement
from the City of Aspen Water Department indicating that they will serve the development;
(c) a fireplace/woodstove permit; (d) a fugitive dust and erosion control plan which
includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or
other measures necessary to prevent windblown dust from crossing the property line or
causing a nuisance; (e) documentation indicating that a qualified Engineering firm has
reviewed the parking structure's ventilation system and found that it is adequate to prevent
carbon monoxide from reaching high levels inside the facility or in the nearby areas outside
of it; and, (f) documentation indicating that the Colorado Department of Health has
reviewed and approved the proposed parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level standards, and
construction shall not occur between the hours of 10 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground
parking arrangements shall be reviewed by the City Engineering Department, and revised as
necessary to provide sufficient space (turning radii) to maneuver into and out of the parking
spaces.
4
4. Prior to the issuance of building permits, the applicant shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and
parking.
5. Prior to the issuance of building permits, the applicant shall demonstrate to the City Water
Department's satisfaction how the subject property presently receives water service in order
to plan the service to the new development while maintaining service to the neighboring
buildings.
6. A dedicated mechanical space large enough for backflow prevention valves, individual water
metering and valving for each of the proposed eight (8) units, a landscaping/irrigation
system, and the fire sprinkler system is required; this space shall have separate access
available to City Water Department and Fire Department personnel and will not be
obstructed by vehicle parking, other equipment, or the need to pass through another room or
space which could impede access by service personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards for
the existing structures and the newly constructed buildings.
8. The subdivision plat shall include explanatory notes fully describing the present status of the
easements encumbering the property including notes and recording citations for easements
which have been extinguished, abandoned or modified; the abutting subdivisions and lots
will also be shown on the subdivision plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and
gutters will be repaired or replaced prior to the issuance of an Certificates of Occupancy;
any improvements or areas disturbed during construction will be restored to preconstruction
condition or better; and, the existing light and sign post at the south side of the driveway
onto South Galena Street will be removed.
10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on
S. Galena Street, triangular in shape and containing approximately 82 square feet, to the City
as part of the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation
plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in
the State of Colorado; the plan shall identify solutions acceptable to the City Engineer to
mitigate the site -generated drainage flows; said drainage plan will also need to address the
conveyance of the off -site drainage flows which may pass through the site from the base of
the Aspen Mountain ski area on the eastern side and southeast corner of the property.
12. The property owner is required to join any future improvement districts formed for the
purpose of constructing public improvements which benefit the property under an
assessment formula; the agreement shall be executed and recorded concurrently with the
recording of the subdivision plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be
required to submit to the Aspen/Pitkin County Information Systems Department as -built
drawings for the project, showing the property lines, building footprint, easements,
encroachments, entry points for utilities entering the property boundaries and any other
improvements; these drawings shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the site,
parking or utility plans for this project change subsequent to this approval, a complete set of
the revised plans shall be provided to the Engineering and Community Development
Departments for review and re-evaluation.
15. Prior to the issuance of building permits, the developer shall submit a traffic and parking
plan acceptable 'to the City Engineer, Parking and Transportation Departments, Streets
Department, and Utilities Department. The plan shall describe traffic detouring, parking,
5
and staging areas for the several stages of construction of the project. The developer shall be
required to rent on -street parking spaces if, due to the construction activities, any such spaces
will be temporarily impacted or unusable for public parking. These plans and permits will
also need to be coordinated with the Rights -of -Way permit for the utility and street frontage
work.
16. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
17. Prior to obtaining a building or demolition permit, the applicant must have the existing
building tested for asbestos, and if any is present, it must be removed by a licensed asbestos
abatement firm. It is recommended that testing be done well ahead of time so that, if
removal is required, delays will not be experienced.
18. In the event required, a tree removal permit must be obtained from the Parks Department for
any tree(s) that is/are to be removed or relocated; also, no excavation can occur within the
dripline of the tree(s) to be preserved and no storage of fill material can occur within
this/these dripline(s).
19. Down -directional, sharp cut-off fixtures shall be used'for screening of all outdoor lighting
sources, and those fixtures set along walkways will be set at no more than twelve (12) inches
above finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the residential
units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of
Aspen.
21. The proposed plans for the common sanitary sewer service line to the development will need
to be reviewed by the Aspen Consolidated Sanitation District line superintendent prior to
building permit issuance; the subgrade parking area will be required to have a District -
approved oil and sand separator installed; a shared service line agreement will need to be
completed and approved by the ACSD Board; no clear water connections will be allowed to
the public system; the flows collected by the trench drain to be installed in the driveway
must be directed into the drywell or stormwater drainage system rather than the sanitary
sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and inspect
the affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit issuance.
24. The applicant will make the required Park Dedication Impact Fee payment, as determined by
the City Zoning Officer, prior to the issuance of a building permit for the project.
25. The applicant shall submit to the Community Development Department, all materials
required to carry out a review of the proposed architecture against the Residential Design
Standards in place at such time as the submittal is received.
26. All material representations made by the applicant in this application and during public
hearings shall be adhered to and shall be considered conditions of approval, unless otherwise
amended by a Board/Commission having authority to do so.
RECOMMENDED MOTION: "I move to grant the Tippler Townhomes' request for a
GMQS Exemption and Subdivision approval with the conditions outlined in the Community
Development Department staff memorandum dated March 23, 1998. 1 also move to grant
vested property rights status for a period of three years effective on the date that the applicable
ordinance is signed."
•
EXHIBITS:
A - Staff Review of Subdivision Standards
B - Referral Comments
C - Applicant's Proposal (submitted application package)
D - Letters from Neighbors (4)
CITY MANAGER'S COMMENTS:
ORDINANCE No. L
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A GMQS EXEMPTION
AND SUBDIVISION APPROVAL, AND VESTED PROPERTY RIGHTS FOR THE
TIPPLER TOWNHOMES, 535 DEAN STREET, A PARCEL OF LAND SITUATED IN
LOTS L, M, AND N, BLOCK 97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS
SUBDIVISION AND LOT 2, GANNON'S ENTRY IN THE NW 1/4 OF SECTION 18,
TOWNSHIP 10 S., R. 84 W., OF THE 6TH P.M., CITY OF ASPEN, COUNTY OF PITKIN,
STATE OF COLORADO.
WHEREAS, The Community Development Department received an application from the Kettle
Corporation (hereafter "Applicant"), for a GMQS Exemption, Subdivision, and Vested Property Rights
status approval; and,
WHEREAS, said application also included requests for four (4) Metro Area Residential Growth
Management Quota System Allocations, and Special Review of Affordable Housing Off -Street Parking
Requirements; and
WHEREAS, pursuant to Section 26.88.040 of the Aspen Municipal Code, the Planning and
Zoning Commission shall make a recommendation to the City Council regarding requests for
Subdivision approval; and,
WHEREAS, City Council Resolution 16, Series of 1998 approved the Growth Management
Commission's scoring of the Tippler Townhomes' Growth Management Quota System application and
awarded the project with four (4) metro area residential development allotments;
WHEREAS, pursuant to Section 26.88.040 of the Aspen Municipal Code, City Council shall
either approve, approve with conditions or deny requests for Subdivision approval; and,
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated
Sanitation District, Environmental Health Department and Community Development Department
reviewed the proposals and recommended approval of each with conditions; and,
WHEREAS, the above referenced application was legally noticed for a public hearing; and,
WHEREAS, upon review and consideration of the application, agency and public comment
thereon, and those applicable standards as contained in Chapter 26 of the Aspen Municipal Code, to wit,
Section 26.88.040 (Subdivision Approval), during a public hearing on March 17, 1998, the Planning and
Zoning Commission recommended approval of the Subdivision application; and
WHEREAS, pursuant to Resolution 98-_, the Planning and Zoning Commission further
granted Special Review approval of the proposed parking plan for the affordable housing units; and
WHEREAS, the Aspen City Council has reviewed and considered the Tippler Townhomes
application under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered those recommendations and approvals as granted by the Planning and Zoning Commission in
Resolution 98-_, and has taken and considered public comment at a public hearing; and
Ordinance No. , Series of 1998
Page 2
WHEREAS, the City Council finds that the proposal complies with the requirements for
granting a GMQS Exemption for the four (4) proposed affordable housing units pursuant to Section
26.100.050(C)(3)(b) of the Aspen Municipal Code; and,
WHEREAS, the City Council finds the Tippler Townhomes application to be consistent with the
minimum requirements and review standards for Subdivision approval pursuant to Section 26.88.040 of
the Aspen Municipal Code provided the stipulated conditions of approval are met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Pursuant to Section 26.100.050(C)(3)(b) of the Aspen Municipal Code, the four (4) proposed affordable
housing units of the Tippler Townhomes application are hereby granted an exemption from GMQS Scoring
and Competition Procedures. These exempt units shall, however, be deducted from the "Affordable
Housing" pool of annual development allotments established pursuant to Section 26.100.040 and from the
metro area development ceilings established pursuant to Section 26.100.030.
The Tippler Townhomes application for Subdivision is hereby approved with the following conditions:
1. Prior to the issuance of any building permits, the applicant shall provide the Environmental
Health Department with: (a) documentation indicating that the Aspen Consolidated Sanitation
District (ACSD) is capable of serving the development; (b) a letter of agreement from the City of
Aspen Water Department indicating that they will serve the development; (c) a fireplace/woodstove
permit; (d) a fugitive dust and erosion control plan which includes, but is not limited to fencing,
watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud
that has been carried out, speed limits, or other measures necessary to prevent windblown dust from
crossing the property line or causing a nuisance; (e) documentation indicating that a qualified
Engineering firm has reviewed the parking structure's ventilation system and found that it is
adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby
areas outside of it; and, (f) documentation indicating that the Colorado Department of Health has
reviewed and approved the proposed parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level standards, and
construction shall not occur between the hours of 10 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground parking
arrangements shall be reviewed by the City Engineering Department, and revised as necessary to
provide sufficient space (turning radii) to maneuver into and out of the parking spaces.
4. Prior to the issuance of building permits, the applicant shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and parking.
5. Prior to the issuance of building permits, the applicant shall demonstrate to the City Water
Department's satisfaction how the subject property presently receives water service in order to plan
the service to the new development while maintaining service to the neighboring buildings.
Ordinance No. , Series of 1998
Page 3
A dedicated mechanical space large enough for backflow prevention valves, individual water
metering and valving for each of the proposed eight (8) units, a landscaping/irrigation system, and
the fire sprinkler system is required; this space shall have separate access available to City Water
Department and Fire Department personnel and will not be obstructed by vehicle parking, other
equipment, or the need to pass through another room or space which could impede access by service
personnel.
Water service lines and sanitary sewer lines shall be improved to present day standards for the
existing structures and the newly constructed buildings.
8. The subdivision plat shall include explanatory notes fully describing the present status of the
easements encumbering the property including notes and recording citations for easements which
have been extinguished, abandoned or modified; the abutting subdivisions and lots will also be
shown on the subdivision plat as required by the Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and gutters
will be repaired or replaced prior to the issuance of an Certificates of Occupancy; any improvements
or areas disturbed during construction will be restored to preconstruction condition or better; and,
the existing light and sign post at the south side of the driveway onto South Galena Street will be
removed.
10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on S.
Galena Street, triangular in shape and containing approximately 82 square feet, to the City as part of
the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full
size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of
Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the site -
generated drainage flows; said drainage plan will also need to address the conveyance of the off -site
drainage flows which may pass through the site from the base of the Aspen Mountain ski area on the
eastern side and southeast corner of the property.
12. The property owner is required to join any future improvement districts formed for the purpose
of constructing public improvements which benefit the property under an assessment formula; the
agreement shall be executed and recorded concurrently with the recording of the subdivision plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be
required to submit to the Aspen/Pitkin County Information Systems Department as -built drawings
for the project, showing the property lines, building footprint, easements, encroachments, entry
points for utilities entering the property boundaries and any other improvements; these drawings
shall be provided in accordance with City GIS requirements.
14. If the proposed use, density or timing of the construction of the project change, or the site,
parking or utility plans for this project change subsequent to this approval, a complete set of the
revised plans shall be provided to the Engineering and Community Development Departments for
review and re-evaluation.
15. Prior to the issuance of building permits, the developer shall submit a traffic and parking plan
acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and
Utilities Department. The plan shall describe traffic detouring, parking, and staging areas for the
several stages of construction of the project. The developer shall be required to rent on -street
parking spaces if, due to the construction activities, any such spaces will be temporarily impacted or
unusable for public parking. These plans and permits will also need to be coordinated with the
Rights -of -Way permit for the utility and street frontage work.
16. In the event required, the applicant must receive approval from:
Ordinance No. , Series of 1998
Page 4
• The City Engineer for design of improvements, including landscaping, within public rights -
of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or development,
including landscaping, within the public rights -of -way.
17. Prior to obtaining a building or demolition permit, the applicant must have the existing building
tested for asbestos, and if any is present, it must be removed by a licensed asbestos abatement firm.
It is recommended that testing be done well ahead of time so that, if removal is required, delays will
not be experienced.
18. In the event required, a tree removal permit must be obtained from the Parks Department for any
tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s).
19. Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting
sources, and those fixtures set along walkways will be set at no more than twelve (12) inches above
finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the residential
units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen.
21. The proposed plans for the common sanitary sewer service line to the development will need to
be reviewed by the Aspen Consolidated Sanitation District line superintendent prior to building
permit issuance; the subgrade parking area will be required to have a District -approved oil and sand
separator installed; a shared service line agreement will need to be completed and approved by the
ACSD Board; no clear water connections will be allowed to the public system; the flows collected
by the trench drain to be installed in the driveway must be directed into the drywell or stormwater
drainage system rather than the sanitary sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and inspect the
affordable housing units prior to the issuance of the Certificates of Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit issuance.
24. The applicant will make the required Park Dedication Impact Fee payment, as determined by the
City Zoning Officer, prior to the issuance of a building permit for the project.
25. The applicant shall submit to the Community Development Department, all materials required to
carry out a review of the proposed architecture against the Residential Design Standards in place at
such time as the submittal is received.
26. All material representations made by the applicant in this application and during public hearings
shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does
hereby grant the applicant Vested Property Rights status for the site specific development plan for the
Tippler Townhomes at 535 Dean Street as approved by Ordinance , Series of 1998, for a period of
three (3) years from the date said Ordinance is signed with the following conditions:
1. The rights granted by this site specific development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to abide by any of the terms and conditions
attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
Ordinance No. Series of 1998
Page 5
2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that
the period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication provided for in Section 26.52.080(D)
3. Zoning that is not part of the site specific development plan approved hereby shall not result in the
creation of a vested property right.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances of the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 3
Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14)
days following final adoption hereof.
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.
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the 13th day of April, 1998 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 once 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 23rd day of March, 1998.
•
•
Ordinance No. , Series of 1998
Page 6
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
John Bennett, Mayor
FINALLY, adopted, passed and approved this day of 11998.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
c:\home\mitchh\council\tipplord.doc
• EXHIBIT A
Staff Review of the Tippler Townhomes
Subdivision Application
Pursuant to state and local definitions and Chapter 26.88 of the Municipal Code, land which
is divided into two or more interests for purposes of transfer of ownership and/or
development is, by definition, a subdivision and, as such, is subject to the City's review and
approval. The Tippler Townhomes proposal includes the development of a multi -family
structure/project. As the applicant proposes to create an eight unit multi -family structure,
subdivision review in accordance with Section 26.88.040(C) is required. The various review
criteria and staff s analysis of the proposal's compliance therewith, are summarized below.
la. The proposed development shall be consistent with the Aspen Area Comprehensive
Plan.
STAFF RESPONSE: First, the fact that the proposal went through the GMQS Scoring and
Competition procedures and achieved an average score 14.9 points is a testament to the
proposals compliance with the AACP, in general, and the "Growth Action Plan,"
specifically.
Next, with regard to the AACP's "Transportation Action Plan," the project's walkable
proximity to the downtown and to the Ruby Park bus station, combined with the
provision of facilities to promote the use of bicycles, will serve well to reduce the
residents' dependency on the automobile, thereby reducing traffic congestion and air
pollution in the commercial core. Also, the project (change in use) is anticipated to
reduce the number of vehicle trips generated per day to and from the site, as compared
with current levels. For these reasons, staff feels that the project will move the
community closer to its stated transportation -related goals, as outlined in the Aspen Area
Community Plan, especially with respect to providing transportation alternatives.
Third, the proposed development is also consistent with several of the policies stated in the
AACP's "Housing Action Plan." For instance, the Housing Action Plan encourages infill
development within the existing urban area in an effort to preserve rural open spaces and to
allow more employees to live close to where they work. The policies also promote small
scale residential housing projects which fit within the character of the community and are
interspersed with free market housing throughout the Aspen area. In addition, the Action
Plan recommends that permanent resident housing be located near existing activity centers.
The proposal calls for infill development which is conveniently located with respect to the
commercial core. The proposal calls for interspersed affordable housing units and free
market units.
Furthermore, the Aspen Area Community plan defines "critical mass" as 60% of the
workforce. Accordingly, past projects have been required to mitigate for new employee
generation by providing deed restricted housing at a rate of 60%. The applicant's proposal
includes the provision of four (4) high -quality, above -grade, on -site affordable housing units
which would be rented to qualified residents pursuant to APCHA's (Aspen/Pitkin County
Housing Authority's) affordable guidelines. The project's two 1-bedroom units would be
deed restricted to APCHA's Category 2 income and occupancy guidelines. The two 2-
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bedroom units would be deed restricted as "lower -priced" Category 3 units. The proposed
unit configurations and rental categories are consistent with the APCHA's preferred unit
types as expressed in its 1997 Affordable Housing Guidelines.
In the referral memo provided by the Housing Office (Exhibit B), the following statements
are made:
• According to Housing Board policy, one of the preferences for unit types is Categories 1,
2, and lower priced Category 3 rental units; therefore, the units being proposed would be
a good addition to the housing inventory.
• The applicant's free market component consists of 12 bedrooms (4 three -bedroom units)
which, at 3 residents per 3-bedroom unit, would house 12 people. The affordable
housing component would house a total of 8 employees (1.75 residents per each one -
bedroom unit, and 2.25 residents per each two -bedroom unit). The applicant is providing
housing for a total of 8 employees, which is approximately 67% compared to the free
market units. The applicant is providing high -quality, on -site affordable housing for
permanent residents, specifically rentals in the Category 2 and 3 range.
Of the twelve (12) goals/policies contained in the AACP's "Commercial/Retail Action Plan"
only one relates to the Tippler Townhomes application. Said goal is to "halt the erosion of
local serving businesses through change in use [by revising] ... the criteria for change in
use in zone districts outside of the CC zone district in order to prohibit the loss of local
serving business through change in use." While this goal would conflict with the proposed
redevelopment of the Tippler Night Club and Italian Caviar Restaurant, staff believes the
preponderance of goals and policies stated throughout the AACP support the proposal and
effectively outweigh the relative strength of this one conflicting objective.
Fifth, the underlying philosophy of the AACP's "Open Space/Recreation and Environment
Action Plan" states that "the natural environment is one of the community's greatest assets,
and the reason many choose to make Aspen their home. From sensitive land development
techniques to recycling efforts, life in this community must reflect the commitment to
preserve our environmental and wildlife resources." As the site in question is presently
developed, there is very little existing vegetation and no significant environmental
features to be preserved. The property is not affected by any natural hazards. The
applicant plans on removing a few small trees, the majority of which fall outside the
City's tree removal permit requirements. The applicant has also stated (p. 27 of
application, Exhibit C) that those trees to be removed which will require a tree removal
permit will be relocated elsewhere on the property or replaced with new trees. The
referral memo from the Parks Department states that it appears as though, if tree
mitigation is found to be necessary, the proposed landscape plan/planting scheme
allocates an acceptable number of new trees.
The submitted landscape plan indicates a fairly extensive amount of plantings in the new
courtyard and in the other undeveloped portions of the site; these planting will help to
reduce the visual impact of the development. With the redevelopment of the site no
existing open space would be lost; rather, the redevelopment would result in
substantially more open space on the site than currently exists. Similarly, by removing
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the restaurant and bar uses, the new development would result in lower levels of solid
waste generation, the elimination of existing emissions from the restaurant's kitchen, and
a decrease in PMio levels in the non -attainment area (downtown) due to the anticipated
reduction in vehicular traffic (see Exhibit B, Environmental Health referral memo).
Also, while the project layout/building orientation is somewhat forced by neighboring
development and existing access requirements, the majority of the units will still maintain
passive solar gain. The applicant has committed to installing low -flow, water saving
plumbing fixtures in both the free market and affordable units. While the development
would be allowed to have two wood burning devices, none are being proposed. The trash
collection area on/for the site will accommodate recycling. The site is located just a
block and a half from the Ruby Park bus station, and the proposal includes areas for
bicycle storage; therefore, the use of alternative means of transportation is being
encouraged.
Lastly, the final section of the AACP addresses "Design Quality and Historic
Preservation." The proposed design for the multi -family building manages to represent
the eclectic nature of Aspen's architecture in a single structure. For instance, while the
eight units would be in a single structure, the architecture will have the effect of making
each unit separately distinct. This has been accomplished by giving each of the units its
own identity through the use of varying exterior materials, building and roof forms, and
heights. This design approach will be successful in allowing the project to fit within the
context of the wide range of architectural styles that are present in the surrounding
neighborhood and the community at large. The use of building materials such as wood
siding, heavy timbers and metal roofing is largely consistent with the materials used
historically (as well as in contemporary structures) throughout Aspen. In addition, the
appearance of Dean Street (used as an alley) would be greatly enhanced by the removal of
the trash receptacles, mechanical equipment and blank fences.
1 b. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
STAFF RESPONSE: The site in question, relative to the surrounding area, represents a
somewhat unique situation. The property is a transition site, with all development to the
south comprised of single- and multi -family residential uses; the commercial core to the
north; Aspen Mountain to the east; and, residential and lodge uses to the west. The
proposed multi -family development would provide an appropriate transition from the
commercial core and North of Nell Condominiums to the north, to the single-family
residences which border the Little Nell Ski Run to the south. Specific properties in the
immediate vicinity include the North of Nell Condominiums, the Tipple Inn Condominiums,
the Tipple Lodge, the Little Nell Hotel, the Grand Aspen Hotel, the Galena Place
Condominiums, and various single-family residences which border the Little Nell ski run.
The L/TR zoning lists lodges as the only permitted commercial use and restaurants as the
only conditional commercial use. Detached single-family units are only allowed on lots with
an area of 6000 square feet. Since the owner is not interested in the development of a lodge
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or restaurant, the only permitted use that would be consistent with the character of existing
land uses in the surrounding area is multi -family residential use.
lc. The proposed development shall not adversely affect the future development of the
surrounding area.
STAFF RESPONSE: The surrounding area is essentially fully developed, and the proposed
development is anticipated to little effect on the development potential of the neighboring
properties. The Engineering Department, in its referral memo (attached as Exhibit B), states
that there is sufficient capacity in the distribution and collection systems of the several utility
providers for the proposed development, and no significant upgrades or changes will be
required in the systems of the several utility providers. The applicant will be required to
improve water service lines and sanitary sewer lines to present day standards for the existing
structures and the newly constructed buildings, thereby enhancing the future development
potential of the surrounding area.
Id. The proposed subdivision shall be in compliance with all applicable requirements of
this title.
STAFF RESPONSE: The proposed subdivision will comply with all applicable
requirements of the City of Aspen Land Use Code.
2a. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other natural hazard or
other condition that will be harmful to the health, safety, or welfare of the residents
in the proposed subdivision.
STAFF RESPONSE: The site of the proposed development does not contain lands
unsuitable for development, nor is it affected by any natural hazard areas. The site is
currently developed.
2b. 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.
STAFF RESPONSE: No governmental inefficiencies, duplication of facilities, or
unnecessary public costs would occur as a result of the provision of public services to the
proposed development. All required utilities are currently available in the immediate site
area. Any upgrades or improvements required will be carried out at the applicant's expense.
Also, see staff response to standard 1 c., above.
314. Required Improvements/Design Standards, respectively.
RESPONSE: In addition to compliance with the preceding review criteria, the subdivision
regulations also require that various improvements be provided in connection with the
proposed development, and that specific engineering design standards be adhered to. The
applicant is not proposing any variances from these standards, and their compliance with said
standards will be reviewed by the Engineering Department and the various utility providers.
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The referral memorandum provided by the Engineering Department (attached as part of
Exhibit B) states that "the applicant has addressed the major elements and requirements of
subdivision development and there are no apparent problems which would preclude the
development."
5. Affordable housing. A subdivision which is comprised of new dwelling units shall be
required to provide affordable housing in compliance with the requirements of
Chapter 26.100, Growth Management Quota System.
RESPONSE: Staff finds the proposal to be in compliance with this criterion. For a more
detailed explanation of this finding, please refer to staff s response to criterion Ia., above.
6. School land dedication standards shall be assessed upon all new subdivisions within
the City of Aspen which contain residential units.
RESPONSE: This section of the subdivision regulations requires the dedication of land or
the payment of an in -lieu fee for each new residential unit in a subdivision. As the property
in question contains only 17,970 square feet of land and is located in downtown Aspen, the
dedication of land would not be appropriate and the payment of cash -in -lieu represents a
more fitting option.
The applicant has agreed to make a cash payment -in -lieu prior to and on a proportional basis
to the issuance of any building permits for the residential units. The appropriate,
proportional fees will be determined at such time as a building permit is requested. Staff
recommends inclusion of this requirement as a condition of approval.
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SITE VISIT TO 414 NORTH FIRST (Former Paepke House)
MEET AT SITE AT 4:00
We will provide a van to get you back to City Hall by 4:30.
AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, MARCH 17, 1998, 4:30 PM
SISTER CITIES MEETING ROOM, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. PUBLIC HEARING
A. Tippler Townhomes Special Review for Parking & Subdivision, Mitch Haas
B. 1110 Waters Avenue Stream Margin Review & Conditional Use for ADU, Mitch
Haas
C. 712 West Francis Conditional Use for ADU, Amy Guthrie
D. Code Amendment - Revisions to Ordinance 30, Amy Guthrie (cont. from
2/ 17)
IV. NEW BUSINESS
A. 414 North First Street ESA Special Review, Amy Guthrie
1 mmmn t*I8 114'1
MEMORANDUM
TO: Aspen Historic Preservation Commission
THRU: Stan Clauson, Community Development Directof `/
Julie Ann Woods, Deputy Planning Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Tipple Inn, follow-up on discussion of inclusion on the "Inventory of
Historic Sites and Structures"
DATE: March 25, 1998
SUMMARY: On March 11, HPC discussed an application to list the Tipple Inn building
on the "Inventory of Historic Sites and Structures." HPC held a site visit to view this
property in February.
The outcome of the meeting was a decision to hold off on consideration of the Tipple Inn
for the inventory until next year, when the full inventory is reviewed. The Tipple Inn
building appears to be more a representation of 50's era development in Aspen and how
mining structures were salvaged and used to build new buildings, than a significant piece
of mining era history. HPC agreed that the issue of whether or not these type of buildings
fit into the historic significance criteria and which examples should be preserved needs to
be part of a larger review of similar structures from the period.
Related to the Tipple Inn discussion, HPC asked for more information on the status of
redevelopment of the Tippler site, which is directly adjacent to the Tipple Inn. In
particular, HPC was interested in pilons which used to support large mining structures,
and which are apparently still a part of the basement of the Tippler building.
The Tippler is not included on the historic inventory. It has received Growth
Management allocations for new free market and affordable dwelling units. Special
Review was held at the Planning and Zoning Commission on March 17th, and Council
will hold their first reading on the project on March 23rd. Second reading is scheduled
for April 27th.
According to the project architects, the basement of the existing Tippler building will be
converted into underground parking. Their intention is to keep any of the pilons which
serve a structural purpose for the new garage and buildings, but will remove those that do
not.
Staffs position is that HPC involvement in the Tippler project is not appropriate. The
pilons have long been a feature that was interior to the Tippler building and HPC has no
protection over any historic interiors. Additionally, the issue appears to have been raised
late in the development of the proposal.
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING SPECIAL REVIEW APPROVAL FOR THE PROPOSED OFF-STREET PARKING
ASSOCIATED WITH THE FOUR (4) DEED RESTRICTED UNITS OF THE TIPPLER
TOWNHOMES DEVELOPMENT, AND RECOMMENDING APPROVAL OF THE SUBDIVISION
REQUEST FOR THE TIPPLER TOWNHOMES DEVELOPMENT LOCATED AT 535 DEAN
STREET, AND LEGALLY DESCRIBED AS LOTS L, M, AND N, BLOCK 97, ASPEN TOWNSITE,
LOT 1 TIPPLE WOODS SUBDIVISION AND LOT 2, GANNON'S ENTRY IN THE NW 1/4 OF
SECTION 18, T.10 S., R.84 W., OF THE 6TH P.M., CITY OF ASPEN, COUNTY OF PITKIN,
STATE OF COLORADO
Resolution 98- 04
WHEREAS, The Community Development Department received an application from Vann
Associates on behalf of the Kettle Corporation, owner, for Special Review of Off -Street Parking
Requirements associated with the development of Affordable Dwelling Units and, Subdivision; and
WHEREAS, pursuant to Section 26.64.040(B) of the Aspen Municipal Code, Special Review of
Off -Street Parking Requirements may be approved by the Planning and Zoning Commission; and,
pursuant to Section 26.88.040 of the Aspen Municipal Code, the Planning and Zoning Commission shall
make a recommendation to the City Council regarding requests for Subdivision approval; and,
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated
Sanitation District, Environmental Health Department and Community Development Department reviewed
the proposals and recommended approval of each with conditions; and,
WHEREAS, the above referenced application was legally noticed for a public hearing; and,
WHEREAS, during the public meeting held on March 17, 1998, the Planning and Zoning
Commission approved by a 6-0 vote the Special Review of the Off -Street Parking requirements; and,
WHEREAS, during a public hearing on March 17, 1998, the Planning and Zoning Commission
recommended approval by a 6-0 vote of the Subdivision application with the conditions recommended by
staff, as amended.
NOW, THEREFORE BE IT RESOLVED by the Commission:
A. Special Review of Off -Street Parking Requirements:
That the proposed off-street parking plan associated with the affordable units in the Tippler Townhomes is l _
hereby approved pursuant to Section 26.64.040(B), Special Review of Off -Street Parking Requirements, of
the Aspen Municipal Code. The approved plan includes the provision of two (2) off-street parking spaces
for each of the two (2) two -bedroom affordable housing units, and one (1) off-street parking space for each
of the two (2) one -bedroom units. This results in a total of six (6) off-street parking spaces for the four (4)
units. All of the parking for the project's affordable units will be located in the undergrourid.parking
garage, with direct, enclosed stairway access to the associated dwelling units. The plan also include the
provision of two (2) guest parking spaces in the underground garage and the ability to utilize the four (4)
surface parking spaces intended for non-exclusive use by both guests of the Tippler Townhomes and
residents of the Tipple Lodge.
B. Subdivision:
That a recommendation to approve the Subdivision request, is forwarded to the City Council. That is, the
Commission recommends to Council that the Tippler Townhomes request Subdivision be approved by the
City Council with the following conditions:
•
•
Prior to the issuance of any building permits, the applicant shall provide the Environmental Health
Department with: documentation indicating that the Aspen Consolidated Sanitation District (ACSD) is
capable of serving the development; a letter of agreement from the City of Aspen Water Department
indicating that they will serve the development; a fireplace/woodstove permit; a fugitive dust and
erosion control plan which includes, but is not limited to fencing, watering of haul roads and disturbed
areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or
other measures necessary to prevent windblown dust from crossing the property line or causing a
nuisance; documentation indicating that a qualified Engineering firm has reviewed the parking
structure's ventilation system and found that it is adequate to prevent carbon monoxide from reaching
high levels inside the facility or in the nearby areas outside of it; and, documentation indicating that
the Colorado Department of Health has reviewed and approved the proposed parking structure
ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level standards, and
construction shall not occur between the hours of 6 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground parking
arrangements shall be reviewed by the City Engineering Department, and revised as necessary to
provide sufficient space (turning radii) to maneuver into and out of the parking spaces.
4. Prior to the issuance of building permits, the applicant shall demonstrate to the City Water
Department's satisfaction how the subject property presently receives water service in order to plan the
service to the new development while maintaining service to the neighboring buildings.
5. A dedicated mechanical space large enough for backflow prevention valves, individual water metering
and valving for each of the proposed eight (8) units, a landscaping/ irrigation system, and the fire
sprinkler system is required; this space shall have separate access available to City Water Department
and Fire Department personnel and will not be obstructed by vehicle parking, other equipment, or the
need to pass through another room or space which could impede access by service personnel.
6. Water service lines and sanitary sewer lines shall be improved to present day standards for the newly
constructed buildings.
7. The subdivision plat shall include explanatory notes fully describing the present status of the
easements encumbering the property including notes and recording citations for easements which have
been extinguished, abandoned or modified; the abutting subdivisions and lots will also be shown on
the subdivision plat as required by the Municipal Code.
8. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and gutters will be
repaired or replaced prior to the issuance of an Certificates of Occupancy; any improvements or areas
disturbed during construction will be restored to preconstruction condition or better; and, the existing
light and sign post at the south side of the driveway onto South Galena Street will be removed.
9. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on S. Galena
Street, triangular in shape and containing approximately 82 square feet, to the City as part of the
subdivision dedications.
10. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full
size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of
Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the site -
generated drainage flows; said drainage plan will also need to address the conveyance of the off -site
drainage flows which may pass through the site from the base of the Aspen Mountain ski area on the
eastern side and southeast corner of the property.
11. The property owner is required to join any future improvement districts formed for the purpose of
constructing public improvements which benefit the property under an assessment formula; the
agreement shall be executed and recorded concurrently with the recording of the subdivision plat.
12. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be required to
submit to the Aspen/Pitkin County Information Systems Department as -built drawings for the project,
showing the property lines, building footprint, easements, encroachments, entry points for utilities
entering the property boundaries and any other improvements; these drawings shall be provided in
accordance with City GIS requirements.
I 11111111111111111111111111111131111111111111111111 IN IN
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If the proposed use, density or timing of the construction of the project change, or the site, parking or
utility plans for this project change subsequent to this approval, a complete set of the revised plans
shall be provided to the Engineering and Community Development Departments for review and re-
evaluation.
Prior to the issuance of building permits, the developer shall submit a traffic and parking plan
acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and
Utilities Department. The plan shall describe traffic detouring, parking, and staging areas for the
several stages of construction of the project. The developer shall be required to rent on -street parking
spaces if, due to the construction activities. any such spaces will be temporarily impacted or unusable
for public parking. These plans and permits will also need to be coordinated with the Rights -of -Way
permit for the utility and street frontage work.
In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public rights -
of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or development,
including landscaping, within the public rights -of -way.
Prior to obtaining a building or demolition permit, the applicant must have the existing building tested
for asbestos, and if any is present, it must be removed by a licensed asbestos abatement firm. It is
recommended that testing be done well ahead of time so that, if removal is required, delays will not be
experienced.
In the event required, a tree removal permit must be obtained from the Parks Department for any
tree(s) that is/are to be removed or relocated: also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s).
Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting sources.
Prior to and on a proportional basis to the issuance of any building permits for the residential units, the
applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen.
The proposed plans for the common sanitary sewer service line to the development will need to be
reviewed by the Aspen Consolidated Sanitation District line superintendent prior to building permit
issuance; the subgrade parking area will be required to have a District -approved oil and sand
separator installed; a shared service line agreement will need to be completed and approved by the
ACSD Board; no clear water connections will be allowed to the public system; the flows collected by
the trench drain to be installed in the driveway must be directed into the drywell or stormwater
drainage system rather than the sanitary sewer system.
Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and inspect the
affordable housing units prior to the issuance of the Certificates of Occupancy.
Deed restrictions on the affordable units shall be recorded prior to building permit issuance.
The applicant will make the required Park Dedication Impact Fee payment, as determined by the City
Zoning Officer, prior to the issuance of a building permit for the project.
The applicant shall submit to the Community Development Department, all materials required to carry
out a review of the proposed architecture against the Residential Design Standards in place at such
time as the submittal is received.
All material representations made by the applicant in this application and during public meetings shall
be adhered to and shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
APPROVED by the Commission at its regular meeting on March 17, 1998.
APPROVED AS TO FORM:
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D vid Hoefer, Assistant C y Attorney
Attest:
acki-e Lothian, beputy City Clerk
c:\home\mitchh\p&zmemos\tipplres.doc
Planning and Zoning Commission:
Sara Garton, Chairperson
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MEMORANDUM
TO: The Aspen Planning and Zoning Commission
THRU: Stan Clauson, Aspen Community Development Director - /
Julie Ann Woods, Aspen Community Development Deputy birector
FROM: Mitch Haas, Planner ;\
RE: The Tippler Townhomes Application for Special Review of Off -Street
Parking Requirements, and Subdivision. Parcel ID 2737-182-96-033
DATE: March 17, 1998
SUMMARY: The Community Development Department has received a request to
redevelop The Tippler Night Club and Italian Caviar Restaurant. The proposal involves
demolition of the existing structure, and the subsequent development of four (4) free market
residential units and four (4) deed restricted units in a single multi -family structure. The four
proposed affordable units would include two (2) two -bedroom units and two (2) one -
bedroom units, deed restricted for rents in the Category 3 and Category 2 levels,
respectively. Included in the layout and design of the proposed development is an
underground parking garage with sixteen (16) spaces, four (4) surface parking spaces,
vehicular access from Galena Street, pedestrian access from Dean Street, and a landscaped
pedestrian courtyard connecting the Galena and Dean Street sides of the development.
Pursuant to Section 26.32.010 of the Municipal Code, all off-street parking requirements
associated with the development of affordable housing are to be established by the Planning
and Zoning Commission through Special Review. Also, as the proposal calls for the
development of a multi -family structure, Subdivision review is required. Final decision
making authority with regard to Subdivision review lies with the City Council, but only after
the Planning and Zoning Commission has formally forwarded its recommendation on the
matter.
Community Development Department staff recommends approving the proposed off-
street parking plan through Special Review. Staff also recommends that the
Commission forward to City Council a recommendation of approval with conditions
regarding the Tippler Townhomes Subdivision request.
APPLICANT: Kettle Corporation care of Sirous Saghatoleslami, represented by Vann
Associates.
LOCATION: 535 Dean Street; Legally described as: "Lots L, M and N, Block 97, Aspen
Townsite, Lot 1, Tipple Woods Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of
Section 18, T.10 S., R.84 W., of the 6th P.M., City of Aspen, County of Pitkin, State of
Colorado." Currently the site of The Tippler Lunch, Apres Ski and Dancing night club located
on the south side of Dean Street between South Galena Street and the base of the Aspen
Mountain Ski Area.
ZONING: L/TR, Lodge/Tourist Residential
CURRENT LAND USE: The property consists of three separately described tracts of land
(see improvement survey and pages 3-5 in written application, Exhibit D) containing a one-
story brick and wood commercial structure with a full basement, an adjacent outdoor patio, and
a paved parking area. The existing structure contains approximately fourteen thousand square
feet, inclusive of the basement, and is located predominantly on Tract 1. The existing
structure's surface parking area is located entirely on Tract 2, and Tract 3 contains a portion of
Galena Street and the adjacent public sidewalk. The ground floor of the existing structure is
occupied by the Tippler nightclub and bar. The Italian Caviar restaurant occupies the
structure's basement.
Existing land uses within the immediate vicinity include the North of Nell Condominiums,
which are located across from Tract 1 on the north side of Dean Street; the Tipple Lodge,
which is located immediately south of Tract 2; the Tipple Inn Condominiums, which are
located immediately west of Tract 1; and, the Galena Place Townhomes, which are located to
the southwest of Tract 2. The Aspen Skiing Company's Little Nell ski run, the Silver Queen
Gondola and the Little Nell ski lift abut the eastern boundary of Tracts 1 and 2.
LOT SIZE: 17,890 square feet.
ALLOWABLE FAR: The lot area, for purposes of calculating the allowable floor area will
need to be confirmed by the City's Zoning Officer during the review of building permit
application materials. For purposes of a preliminary estimation, however, the lot has an area of
16,200 square feet after slope reductions are accounted for. Next, the area of the proposed
access easement is subtracted, resulting in a net area of 14,960 square feet from which to
determine the allowable floor area on the site. As the L/TR Zone District has a maximum
allowable FAR of 1: 1, the site could hold up to 14,960 square feet of floor area as calculated
under the provisions of the Land Use Code.
REVIEW PROCEDURE: Special Review of off-street parking requirements is a one-step
process culminating in a public meeting (i.e., no public hearing required) before the Planning
and Zoning Commission. Subdivision review, by contrast, is a two-step review with public
hearings held before, first, the Planning and Zoning Commission and, then, the City Council.
The Commission acts in an advisory capacity to the City Council in the review of
Subdivision requests. Subdivision requires proper noticing of the public hearing through
mailing, posting and publication.
BACKGROUND: There was no Metro Area Residential GMQS competition this year as the
Tippler Townhomes project was the only request received for the 1997 allotments. The
request was for four (4) of the eleven (11) available allotments. There are normally two (2)
residential allotments available in the Metro Area on an annual basis. However, unallocated
2
allotments from previous years has resulted in eleven (11) available allotments through the
1997 Metro Area Residential GMQS process.
The Land Use Code provides the ability for City Council to grant a GMQS Exemption to the
four (4) deed restricted units; thus, only the four free market units required development
allotments. The Growth Management Commission reviewed the Tippler Townhomes
proposal on January 27, 1998, and gave the application a score of 14.9 points. This exceeds
the minimum threshold score of 12 points. Scores granted in the individual scoring criteria
were as follows:
• Revitalizing the permanent community received an average score of 3.6 points;
• Providing transportation alternatives received an average score of 3.9 points;
• Promoting environmentally sustainable development received an average score of 3.6
points; and,
• Maintaining design quality, historic compatibility and community character received an
average score of 3.8 points.
REFERRAL COMMENTS: Comments from the Parks, Housing, Engineering, and
Environmental Heath Departments, as well as the Aspen Consolidated Sanitation District are
attached as Exhibit C. These comments have been included in staff's responses to the
Subdivision and Special Review criteria, where applicable. Written comments were also
received from various neighbors and are attached as Exhibit E.
STAFF COMMENTS:
Section 26.64.040(B), Review Standards for Special Review of Off -Street Parking
Requirements
For a complete review of each Special Review standard, please refer to Exhibit A, attached
hereto. Staff finds that the proposal complies with each of the review standards enumerated
in Section 26.64.040(B); therefore, staff recommends approval of the Tippler Townhomes
Special Review request for Off -Street Parking Requirements.
Section 26.88.040(C), Subdivision Review Standards
For a complete staff review of each Subdivision review standard, please refer to Exhibit B,
attached hereto. With the conditions outlined in the "Recommendation" section of this memo
(below), staff finds that the proposal complies with each of the review standards enumerated
in Section 26.88.040(C); therefore, staff recommends approval of the Tippler Townhomes
Subdivision request with conditions.
RECOMMENDATION: Staff recommends approval of the proposed parking plan associated
with the affordable units in the Tippler Townhomes pursuant to Section 26.64.040(B),
Special Review of Off -Street Parking Requirements.
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Staff also recommends that the Commission forward to City Council a recommendation of
approval for the Tippler Townhomes Subdivision application with the following conditions:
1. Prior to the issuance of any building permits, the applicant shall provide the
Environmental Health Department with: documentation indicating that the Aspen
Consolidated Sanitation District (ACSD) is capable of serving the development; a letter
of agreement from the City of Aspen Water Department indicating that they will serve
the development; a fireplace/woodstove permit; a fugitive dust and erosion control plan
which includes, but is not limited to fencing, watering of haul roads and disturbed areas,
daily cleaning of adjacent paved roads to remove mud that has been carried out, speed
limits, or other measures necessary to prevent windblown dust from crossing the property
line or causing a nuisance; documentation indicating that a qualified Engineering firm
has reviewed the parking structure's ventilation system and found that it is adequate to
prevent carbon monoxide from reaching high levels inside the facility or in the nearby
areas outside of it; and, documentation indicating that the Colorado Department of
Health has reviewed and approved the proposed parking structure ventilation system.
2. During construction, noise shall not exceed maximum permissible sound level standards,
and construction shall not occur between the hours of 10 p.m. and 7 a.m.
3. Prior to the issuance of building permits, the proposed above -ground and underground
parking arrangements shall be reviewed by the City Engineering Department, and revised
as necessary to provide sufficient space (turning radii) to maneuver into and out of the
parking spaces.
4. Prior to the issuance of building permits, the applicant shall provide the City Engineering
Department with an acceptable plan/location for delivery and service vehicle access and
parking.
5. Prior to the issuance of building permits, the applicant shall demonstrate to the City
Water Department's satisfaction how the subject property presently receives water
service in order to plan the service to the new development while maintaining service to
the neighboring buildings.
6. A dedicated mechanical space large enough for backflow prevention valves, individual
water metering and valving for each of the proposed eight (8) units, a
landscaping/irrigation system, and the fire sprinkler system is required; this space shall
have separate access available to City Water Department and Fire Department personnel
and will not be obstructed by vehicle parking, other equipment, or the need to pass
through another room or space which could impede access by service personnel.
7. Water service lines and sanitary sewer lines shall be improved to present day standards
for the existing structures and the newly constructed buildings.
8. The subdivision plat shall include explanatory notes fully describing the present status of
the easements encumbering the property including notes and recording citations for
easements which have been extinguished, abandoned or modified; the abutting
subdivisions and lots will also be shown on the subdivision plat as required by the
Municipal Code.
9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and
gutters will be repaired or replaced prior to the issuance of an Certificates of Occupancy;
any 'improvements or areas disturbed during construction will be restored to
preconstruction condition or better; and, the existing light and sign post at the south side
of the driveway onto South Galena Street will be removed.
4
10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting
on S. Galena Street, triangular in shape and containing approximately 82 square feet, to
the City as part of the subdivision dedications.
11. The site development must meet the runoff design standards of the Land Use Code at
Section 26.88.040(C)(4)(f), and the building permit application must include a drainage
mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer
registered in the State of Colorado; the plan shall identify solutions acceptable to the
City Engineer to mitigate the site -generated drainage flows; said drainage plan will also
need to address the conveyance of the off -site drainage flows which may pass through
the site from the base of the Aspen Mountain ski area on the eastern side and southeast
corner of the property.
12. The property owner is required to join any future improvement districts formed for the
purpose of constructing public improvements which benefit the property under an
assessment formula; the agreement shall be executed and recorded concurrently with the
recording of the subdivision plat.
13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will
be required to submit to the Aspen/Pitkin County Information Systems Department as -
built drawings for the project, showing the property lines, building footprint, easements,
encroachments, entry points for utilities entering the property boundaries and any other
improvements; these drawings shall be provided in accordance with City GIS
requirements.
14. If the proposed use, density or timing of the construction of the project change, or the
site, parking or utility plans for this project change subsequent to this approval, a
complete set of the revised plans shall be provided to the Engineering and Community
Development Departments for review and re-evaluation.
15. Prior to the issuance of building permits, the developer shall submit a traffic and parking
plan acceptable to the City Engineer, Parking and Transportation Departments, Streets
Department, and Utilities Department. The plan shall describe traffic detouring, parking,
and staging areas for the several stages of construction of the project. The developer
shall be required to rent on -street parking spaces if, due to the construction activities, any
such spaces will be temporarily impacted or unusable for public parking. These plans
and permits will also need to be coordinated with the Rights -of -Way permit for the
utility and street frontage work.
16. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within
.public rights -of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
17. Prior to obtaining a building or demolition permit, the applicant must have the existing
building tested for asbestos, and if any is present, it must be removed by a licensed
asbestos abatement firm. It is recommended that testing be done well ahead of time so
that, if removal is required, delays will not be experienced.
18. In the event required, a tree removal permit must be obtained from the Parks Department
for any tree(s) that is/are to be removed or relocated; also, no excavation can occur
within the dripline of the tree(s) to be preserved and no storage of fill material can occur
within this/these dripline(s).
5
19. Down -directional, sharp cut-off fixtures shall be used for screening of all outdoor
lighting sources, and those fixtures set along the walkways will be set at no more than
twelve (12) inches above finished grade.
20. Prior to and on a proportional basis to the issuance of any building permits for the
residential units, the applicant shall pay a cash fee in lieu of School Land Dedication to
the City of Aspen.
21. The proposed plans for the common sanitary sewer service line to the development will
need to be reviewed by the Aspen Consolidated Sanitation District line superintendent
prior to building permit issuance; the subgrade parking area will be required to have a
District -approved oil and sand separator installed; a shared service line agreement will
need to be completed and approved by the ACSD Board; no clear water connections will
be allowed to the public system; the flows collected by the trench drain to be installed in
the driveway must be directed into the drywell or stormwater drainage system rather than
the sanitary sewer system.
22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and
inspect the affordable housing units prior to the issuance of the Certificates of
Occupancy.
23. Deed restrictions on the affordable units shall be recorded prior to building permit
issuance.
24. The applicant will make the required Park Dedication Impact Fee payment, as
determined by the City Zoning Officer, prior to the issuance of a building permit for the
project.
25. The applicant shall submit to the Community Development Department, all materials
required to carry out a review of the proposed architecture against the Residential Design
Standards in place at such time as the submittal is received.
26. All material representations made by the applicant in this application and during public
meetings shall be adhered to and shall be considered conditions of approval, unless
otherwise amended by a Board/Commission having authority to do so.
RECOMMENDED MOTION: "I move to grant Special Review approval for the proposed
parking plan associated with the affordable housing units of the Tippler Townhomes
application. I also move to recommend that the City Council approve the Tippler Townhomes'
proposed Subdivision application with the conditions outlined in the Community Development
Department staff memorandum dated March 17, 1998."
EXHIBITS:
A - Staff Review of Special Review Standards for Off -Street Parking Requirements
B - Staff Review of Subdivision Standards
C - Referral Comments
D - Applicant's Proposal (submitted application package, including written materials and
bluelines)
E - Letters from Neighbors (4)
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0 EXHIBIT A
Staff Review of the Tippler Townhomes
Special Review for Off -Street Parking Requirements
Pursuant to Section 26.32.010 of the Land Use Code, the off-street parking requirements for
affordable housing must be established by Special Review. Section 26.64.040(B) of the
Municipal Code states that "whenever the off-street parking requirements of a proposed
development are subject to establishment and/or mitigation via a payment in lieu by special
review, the development application shall only be approved if the following conditions are
met: "
1. In all zone districts where the off-street parking requirements are subject to
establishment and/or mitigation by special review, the applicant shall demonstrate
that the parking needs of the residents, customers, guests and employees of the
project have been met, taking into account potential uses of the parcel, the projected
traffic generation of the project, the projected impacts onto the on -street parking of
the neighborhood, its proximity to mass transit routes and the downtown area, and
any special services, such as vans, provided for residents, guests and employees.
RESPONSE: The applicant is not proposing to mitigate via a cash in lieu payment, rather,
the applicant proposes to provide off-street parking spaces on the site. The proposal includes
the provision of two (2) off-street parking spaces for each of the two 2-bedroom affordable
housing units, and one (1) off-street parking space for each of the two 1-bedroom units. This
results in a total of six (6) off-street parking spaces for the four (4) units, or six spaces for the
six bedrooms. All of the proposed parking for the project's affordable units will be located in
the underground parking garage, with direct, enclosed stairway access to the dwelling units.
The parking plan includes the provision of six (6) guest parking spaces in addition to the six
spaces that would serve the occupants of the affordable units. Two of these guest parking
spaces would be available in the underground garage while the other four would be located
on the surface adjacent to the project's access driveway.
The proposed amount of off-street parking associated with the affordable units is consistent
with the City's requirements for similarly configured free market units; for instance, the
City requires two off-street parking spaces per unit of two or more bedrooms, and one off-
street parking space per studio or one -bedroom unit. Therefore, if the units were identical to
those proposed but free market instead of affordable, the proposed off-street parking plan
would be in compliance with the minimum standards. In summary, staff believes that the
proposed off-street parking plan is adequate to serve the site's affordable units.
2. In all zone districts, where the off-street parking requirement may be provided via a
payment in lieu, the applicant shall make a one-time only payment to the city, in the
amount of fifteen thousand dollars ($1 S, 000) per space. Approval of the payment in
lieu shall be at the option of the commission.
RESPONSE: The applicant is not proposing to mitigate for off-street parking requirements
via a cash in lieu payment, rather, the applicant proposes to provide off-street parking spaces
on the site. Staff supports the proposed parking plan, and does not believe the payment of a
cash in lieu fee would be warranted.
A-1
• 0 EXHIBIT A
3. Off street parking provided for multi family dwelling units which do not share a
common parking area is not required to have unobstructed access to a street or
alley, but may consist of garage area, parking strip or apron provided that the
applicant demonstrates that adequate landscaping will be installed to reduce the
parking's visual impact. Developments consisting of three or more dwelling units
shall install one (1) planter buffer per three parking spaces. Planter buffers shall be
a minimum of ten (10) feet long by two and one-half (2-112) feet wide by two (2) feet
high unless otherwise varied by the Commission. The location and dimensions of the
planters may also be varied by the Commission based on site specific circumstances
provided that no fewer than one (1) planter buffer is provided per three (3) off-street
parking spaces. Multi family projects using this provision shall access parking from
the alley, if available.
RESPONSE: The proposed multi -family dwelling units would share a common parking area
with unobstructed access to the street. The common parking area would be located in a sub -
grade parking structure, thereby minimizing its visual impact. All proposed off-street
parking spaces would be located in common areas and would enjoy unobstructed access to
the street. Therefore, the provision of planter buffers are not required by this standard.
A-2
• . EXHIBIT B
Staff Review of the Tippler Townhomes
Subdivision Application
Pursuant to state and local definitions and Chapter 26.88 of the Municipal Code, land which
is divided into two or more interests for purposes of transfer of ownership and/or
development is, by definition, a subdivision and, as such, is subject to the City's review and
approval. The Tippler Townhomes proposal includes the development of a multi -family
structure/project. As the applicant proposes to create an eight unit multi -family structure,
subdivision review in accordance with Section 26.88.040(C) is required. The various review
criteria and staff s analysis of the proposal's compliance therewith, are summarized below.
la. The proposed development shall be consistent with the Aspen Area Comprehensive
Plan.
STAFF RESPONSE: The proposal went through the GMQS Scoring and Competition
procedures and achieved an average score 14.9 points, in excess of the minimum score of 12
points. This proposal complies with the AACP, in general, and the "Growth Action Plan,"
specifically.
With regard to the AACP's "Transportation Action Plan," the project's walkable proximity
to the downtown and to the Ruby Park bus station, combined with the provision of
facilities to promote the use of bicycles, will serve well to reduce. the residents'
dependency on the automobile, thereby reducing traffic congestion and air pollution in
the commercial core. Also, the. project (change in use) is anticipated to reduce the
number of vehicle trips generated per day to and from the site, as compared with current
levels. For these reasons, staff feels that the project will move the community closer to
its stated transportation -related goals, as outlined in the Aspen Area Community Plan,
especially with respect to providing transportation alternatives.
Third, the proposed development is also consistent with several of the policies stated in the
AACP's "Housing Action Plan." For instance, the Housing Action Plan encourages infill
development within the existing urban area in an effort to preserve rural open spaces and to
allow more employees to live close to where they work. The policies also promote small
scale residential housing projects which fit within the character of the community and are
interspersed with free market housing throughout the Aspen area. In addition, the Action
Plan recommends that permanent resident housing be located near existing activity centers.
The proposal calls for infill development which is conveniently located with respect to the
commercial core. The proposal calls for interspersed affordable housing units and free
market units.
Furthermore, the Aspen Area Community plan defines "critical mass" as 60% of the
workforce. Accordingly, past projects have been required to mitigate for new employee
generation by providing deed restricted housing at a rate of 60%. The applicant's proposal
includes the provision of four (4) high -quality, above -grade, on -site affordable housing units
which would be rented to qualified residents pursuant to APCHA's (Aspen/Pitkin County
Housing Authority's) affordable guidelines. The project's two 1-bedroom units would be
deed restricted to APCHA's Category 2 income and occupancy guidelines. The two 2-
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0 • EXHIBIT B
bedroom units would be deed restricted as "lower -priced" Category 3 units. The proposed
unit configurations and rental categories are consistent with the APCHA's preferred unit
types as expressed in its 1997 Affordable Housing Guidelines.
In the referral memo provided by the Housing Office (Exhibit C), the following statements
are made:
• According to Housing Board policy, one of the preferences for unit types is Categories 1,
2, and lower priced Category 3 rental units; therefore, the units being proposed would be
a good addition to the housing inventory.
• The applicant's free market component consists of 12 bedrooms (4 three -bedroom units)
which, at 3 residents per 3-bedroom unit, would house 12 people. The affordable
housing component would house a total of 8 employees (1.75 residents per each one -
bedroom unit, and 2.25 residents per each two -bedroom unit). The applicant is providing
housing for a total of 8 employees, which is approximately 67% compared to the free
market units. The applicant is providing high -quality, on -site affordable housing for
permanent residents, specifically rentals in the Category 2 and 3 range.
Of the twelve (12) goals/policies contained in the AACP's "Commercial/Retail Action Plan"
only one relates to the Tippler Townhomes application. Said goal is to "halt the erosion of
local serving businesses through change in use [by revising] ... the criteria for change in
use in zone districts outside of the CC zone district in order to prohibit the loss of local
serving business through change in use." While this goal would conflict with the proposed
redevelopment of the Tippler Night Club and Italian Caviar Restaurant, staff believes the
preponderance of goals and policies stated throughout the AACP support the proposal and
effectively outweigh the relative strength of this one conflicting objective.
The underlying philosophy of the AACP's "Open Space/Recreation and Environment Action
Plan" states that "the natural environment is one of the community's greatest assets, and the
reason many choose to make Aspen their home. From sensitive land development techniques
to recycling efforts, life in this community must reflect the commitment to preserve our
environmental and wildlife resources." As the site in question is presently developed,
there is very little existing vegetation and no significant environmental features to be
preserved. The property is not affected by any natural hazards. The applicant plans on
removing a few small trees, the majority of which fall outside the City's tree removal
permit requirements. The applicant has also stated (p. 27 of application, Exhibit D) that
those trees to be removed which will require a tree removal permit will be relocated
elsewhere on the property or replaced with new trees. The referral memo from the Parks
Department states that it appears as though, if tree mitigation is found to be necessary, the
proposed landscape plan/planting scheme allocates an acceptable number of new trees.
The submitted landscape plan indicates a fairly extensive amount of plantings in the new
courtyard and in the other undeveloped portions of the site; these planting will help to
reduce the visual impact of the development. With the redevelopment of the site no
existing open space would be lost; rather, the redevelopment would result in
substantially more open space on the site than currently exists. Similarly, by removing
the restaurant and bar uses, the new development would result in lower levels of solid
KIN
• • EXHIBIT B
waste generation, the elimination of existing emissions from the restaurant's kitchen, and
a decrease in PM10 levels in the non -attainment area (downtown) due to the anticipated
reduction in vehicular traffic (see Exhibit C, Environmental Health referral memo).
Also, while the project layout/building orientation is somewhat forced by neighboring
development and existing access requirements, the majority of the units will still maintain
passive solar gain. The applicant has committed to installing low -flow, water saving
plumbing fixtures in both the free market and affordable units. While the development
would be allowed to have two wood burning devices, none are being proposed. The trash
collection area on/for the site will accommodate recycling. The site is located just a
block and a half from the Ruby Park bus station, and the proposal includes areas for
bicycle storage; therefore, the use of alternative means of transportation is being
encouraged.
Lastly, the final section of the AACP addresses "Design Quality and Historic
Preservation." The proposed design for the multi -family building manages to represent
the eclectic nature of Aspen's architecture in a single structure. For instance, while the
eight units would be in a single structure, the architecture will have the effect of making
each unit separately distinct. This has been accomplished by giving each of the units its
own identity through the use of varying exterior materials, building and roof forms, and
heights. This design approach will be successful in allowing the project to fit within the
context of the wide range of architectural styles that are present in the surrounding
neighborhood and the community at large. The use of building materials such as wood
siding, heavy timbers and metal roofing is largely consistent with the materials used
historically (as well as in contemporary structures) throughout Aspen. In addition, the
appearance of Dean Street (used as an alley) would be greatly enhanced by the removal of
the trash receptacles, mechanical equipment and blank fences that currently exist.
lb. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
STAFF RESPONSE: The site in question, relative to the surrounding area, represents a
somewhat unique situation. The property is a transition site, with all development to the
south comprised of single- and multi -family residential uses; the commercial core to the
north; Aspen Mountain to the east; and, residential and lodge uses to the west. The
proposed multi -family development would provide an appropriate transition from the
commercial core and North of Nell Condominiums to the north, to the single-family
residences which border the Little Nell Ski Run to the south. Specific properties in the
immediate vicinity include the North of Nell Condominiums, the Tipple Inn Condominiums,
the Tipple Lodge, the Little Nell Hotel, the Grand Aspen Hotel, the Galena Place
Condominiums, and various single-family residences which border the Little Nell ski run.
The L/TR zoning lists lodges as the only permitted commercial use and restaurants as the
only conditional commercial use. Detached single-family units are only allowed on lots with
an area of 6000 square feet. Since the owner is not interested in the development of a lodge
IM
• • EXHIBIT B
or restaurant, the only permitted use that would be consistent with the character of existing
land uses in the surrounding area is multi -family residential use.
1 c. The proposed development shall not adversely affect the future development of the
surrounding area.
STAFF RESPONSE: The surrounding area is essentially fully developed, and the proposed
development is anticipated to have little effect on the development potential of the
neighboring properties. The Engineering Department, in its referral memo (attached as
Exhibit C), states that there is sufficient capacity in the distribution and collection systems of
the several utility providers for the proposed development, and no significant upgrades or
changes will be required in the systems of the several utility providers. The applicant will be
required to improve water service lines and sanitary sewer lines to present day standards for
the existing structures and the newly constructed buildings, thereby enhancing the future
development potential of the surrounding area.
Id. The proposed subdivision shall be in compliance with all applicable requirements of
this title.
STAFF RESPONSE: The proposed subdivision will comply with all applicable
requirements of the City of Aspen Land Use Code.
2a. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other natural hazard or
other condition that will be harmful to the health, safety, or welfare of the residents
in the proposed subdivision.
STAFF RESPONSE: The site of the proposed development does not contain lands
unsuitable for development, nor is it affected by any natural hazard areas. The site is
currently developed.
2b. 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.
STAFF RESPONSE: No governmental inefficiencies, duplication of facilities, or
unnecessary public costs would occur as a result of the provision of public services to the
proposed development. All required utilities are currently available in the immediate site
area. Any upgrades or improvements required will be carried out at the applicant's expense.
Also, see staff response to standard 1 c., above.
314. Required Improvements/Design Standards, respectively.
RESPONSE: In addition to compliance with the preceding review criteria, the subdivision
regulations also require that various improvements be provided in connection with the
proposed development, and that specific engineering design standards be adhered to. The
applicant is not proposing any variances from these standards, and their compliance with said
standards will be reviewed by the Engineering Department and the various utility providers.
I:
0 0 EXHIBIT B
The referral memorandum provided by the Engineering Department (attached as part of
Exhibit C) states that "the applicant has addressed the major elements and requirements of
subdivision development and there are no apparent problems which would preclude the
development."
S. Affordable housing. A subdivision which is comprised of new dwelling units shall be
required to provide affordable housing in compliance with the requirements of
Chapter 26.100, Growth Management Quota System.
RESPONSE: Staff finds the proposal to be in compliance with this criterion. For a more
detailed explanation of this finding, please refer to staff s response to criterion 1a., above.
6. School land dedication standards shall be assessed upon all new subdivisions within
the City of Aspen which contain residential units.
RESPONSE: This section of the subdivision regulations requires the dedication of land or
the payment of an in -lieu fee for each new residential unit in a subdivision. As the property
in question contains only 17,970 square feet of land and is located in downtown Aspen, the
dedication of land would not be appropriate and the payment of cash -in -lieu represents a
more fitting option.
The applicant has agreed to make a cash payment -in -lieu prior to and on a proportional basis
to the issuance of any building permits for the residential units. The appropriate,
proportional fees will be determined at such time as a building permit is requested. Staff
recommends inclusion of this requirement as a condition of approval.
0 0
EX�}ie� C
MEMORANDUM
To: Mitch Haas, Community Development Department
From: Lee Cassin, Environmental Health Department -X' C
Date: December 26,1997
Re: Tippler Townhomes subdivision, Special Review, GMQS Exemption, Vested Rights
Parcel ID # 2737-182-96-033
The Aspen/ Pitkin Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code of the City of Aspen, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "it shall be unlawful for the owner or occupant of
any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device."
The plans to provide wastewater disposal for this project through the central collection lines of the
Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The
ability of the Aspen Consolidated Sanitation District to handle the increased flow for the project
will be determined by the ACSD. The applicant must provide documentation that the applicant
and the service agency are mutually bound to the proposal and that the service agency is capable
of serving the development.
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or
the like within the city limits which use water shall be connected to the municipal water utility system."
The provision of potable water from the City of Aspen system is consistent with Environmental
Health policies ensuring the supply of safe water. The City of Aspen Water Department will
determine if adequate water is available for the project. The City of Aspen water supply meets all
standards of the Colorado Department of Health for drinking water quality. A letter of agreement
to serve the project must be provided.
WATER QUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply
from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen
and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which
municipal water supplies are diverted."
A drainage plan to mitigate the water quality impacts from covered and paved areas will be
evaluated by the City Engineer. If the plan is approved, this application is not expected to impact
down stream water quality.
1
AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum
practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air
pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met'
as well as to "provide clean air by protecting the natural air sheds and reducing pollutants".
The major air quality impact is the emissions resulting from the traffic generated by this
project. PM-10 (83% of which comes from traffic driving on paved roads) is a significant
health concern in Aspen. The traffic generated will also produce carbon monoxide and
other emissions that are health concerns. The municipal code requires developments to
achieve the maximum practical degree of air purity by using all available practical methods
to reduce pollution.
This project will result in 4 free market units and 4 affordable housing units. Its present
uses include the Tippler nightclub and a restaurant. The change in use will result in
significantly fewer trips per day than occur presently (using standard ITE trip generation
rates). In addition, the location of the units so close to shopping makes it more likely the
residents will walk or use the bus than if the project were located farther from the
commercial core. Therefore the application will not have a significant adverse air quality
impact.
FIREPLACE/WOODSTOVE PERMITS The applicant must file a fireplace/woodstove permit
with the Environmental Health Department before the building permit will be issued. In the City
of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each)
and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT
have wood burning fireplaces, nor may any heating device use coal as fuel.
FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to
fencing, watering of haul roads and disturbed areas, daily clearing of adjacent paved roads to
remove mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance. This will be crucial at this
site to prevent complaints, since there are so many buildings and so much pedestrian traffic
adjacent to the site.
DEMOLITION Prior to demolition or remodeling, the applicant should have the building tested
for asbestos, and if any is present, should consult the Colorado Health Department regarding
proper removal. It is likely that this facility may contain asbestos, so the testing should be done
well enough ahead of time to allow abatement before the applicant wants to obtain a building
permit.
UNDERGROUND PARKING The applicant must consult with an engineering firm about the
design of the underground parking structure ventilation system to ensure that ventilation is
adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby
2
areas outside it. In order to determine whether the proposed design prevents excessive levels of
carbon monoxide from concentrating inside the structure and in nearby areas and buildings, the
applicant will need to submit the proposed ventilation system plans to the Colorado Department
of Health for their evaluation to meet the above criteria.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental
pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of
Aspen and it its visitors ...... Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and
manners and at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m. I
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels. Over the long run, this project is likely to significantly
reduce noise from this site, which has been a source of a number of noise complaints in the past.
3
•
•
MEMORANDUM
To: Mitch Haas, Project Planner
Thru:, Nick Adeh, City Engineer d
From: Ross C. Soderstrom, Project Engineer
Date: December 31, 1997
Re: Tippler Townhomes Subdivision, Special Review, GMQS Exemption, and Vested Rights
Physical Address: 535 Dean Street, City of Aspen, CO
Legal Description: Three tracts of land lying in the NW 1/4, Section 18, T10S, R84W, of the
6th P.M., City of Aspen, CO, consisting of Lots L, M, and N, Block 97,
Aspen Original Townsite; Lot 1 of the Tipple Woods Subdivision; and Lot 2
of the Gannon's Entry, and more particularly described as follows:
Tract 1, consisting of Lots L through N, Block 97, Aspen Townsite and an
area defined by a metes & bounds description, together containing 0.211 Ac,
and also including four (4) subterranean parcels, containing 920 SF.; and
Tract 2, consisting of an area defined by a metes and bounds description and
containing 0.198 Ac.; and
Tract 3, consisting of an area defined by a metes and bounds description and
containing 82 square feet, more or less, and all totaling 0.411 Ac,
more or less.
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
(Site conditions at the time of site visit: November and December, 1997; 3 - 8 inches snow pack; some ground
surface and features indistinguishable under snowpack.]
Discussion:
The applicant has addressed the major elements and requirements of subdivision development and there are no
apparent problems which would preclude the development although some modifications to the site design may
be necessary. The major areas of concern are the adequacy of the vehicular access and parking arrangement in
the underground parking garage and the discharge of snow and storm drainage flows.
The applicant will be required to complete the standard requirements and conditions associated with the several
forms of development requested in the application.
I OF 4
DRCM2397.DOC
Memo - Tippler Townhomes Subdo, Special Review, GMQS Exemption, and Vested Righ*
1. Parking: As a practical matter, the proposed above -ground and underground parking
arrangements need to be reviewed and revised as necessary to provide sufficient space to maneuver into the
parking spaces as they are shown on the development plans.
2. Driveway Access, and Service and Delivery Vehicle Parking (Special Review -Parking):
Due to an existing access easement benefiting the adjacent property and dating from the Tipple Woods
Subdivision, circa 1959, the existing driveway width and geometry will remain essentially unchanged. Sight
distance onto S. Galena Street is adequate and no obstructing landscaping nor improvements are proposed that
would adversely reduce visibility of the driveway and street.
The proposed site plan does not provide designated parking spaces for delivery and service vehicles and does
not demonstrate that it will reduce on -street congestion due to these vehicles servicing the property as
represented by the response to GMQS requirement, question No. 2. The 20 ft access driveway is a dedicated
access easement for the adjacent property to the south, Tipple Lodge, (Tipple Woods Subdivision, Lot 2) as
well as the sole access to the subterranean garage, and is the minimum width for fire access to this and the
neighboring Tipple Lodge. While the four (4) above ground parking spaces on this property, Tract 2, (a.k.a.
Lot 1, Tipple Woods Subdivision) are not exclusive parking for the neighboring Lot 2 (Tipple Lodge), there is
a high probability that these spaces will be routinely occupied by guests of this facility. Consequently, these
parking spaces may not be considered as service and delivery vehicle parking for the proposed Tippler
Townhomes as asserted in the application.
3. Traffic Impacts: The application does not clearly address what the expected traffic impacts due
to this development would be. On pages 26 and 28, the application states that less traffic will be generated; on
page 34 the application states that the, "... surrounding street system is sufficient to accommodate the increase
in traffic level ..."; and on page 3 of the engineering report, the application is indefinite in stating that, "...
conversion away from the restaurant and bar uses may serve to reduce some traffic impacts ...", and ,"...
available transportation options from Rubey Park may serve to reduce vehicular use ...", (emphases added).
The application in effect also requests dismissal from making any contribution toward off -site improvements
listed in the AACP's Trans-portation Action Plan (January, 1993).
4. City Water Department: The applicant will need to demonstrate to the City Water Dept. how
the subject property presently receives water service in order to plan the service to the new development while
maintaining service to the neighboring Tipple Inn buildings. This may require exploratory excavations in S.
Galena St. and/or the sidewalk areas to locate any water service curb valves (valves appear to be buried under
pavement) and service lines serving the property from this water main.
Assuming that a single common water line will serve the property from the Dean St. water main, a dedicated
mechanical space large enough for backflow prevention valves and individual water metering and valving for
each of the proposed eight (8) units plus landscaping system and fire sprinkler system will be required. This
space will have separate access available to City Water Dept. and Fire Dept. personnel and will not be
obstructed by vehicle parking, other equipment nor require passing through another room or space which may
be locked and would impede access by service personnel.
2OF4
DRCM2397.130C
Memo - Tippler Townhomes Subdi0, Special Review, GMQS Exemption, and Vested Righe
5. Sanitary Sewer Service: This property will require multiple sanitary sewer services (one for
each unit) or a combined service with a "Shared Service Agreement" meeting the requirements of the ACSD.
If a trench drain is located in the driveway to intercept storm drainage from either entering the property from
the street or to prevent drainage flows from entering the subterranean garage, these flows must be directed into
the drywell or stormwater drainage system rather than the sanitary sewer system. Any drains servicing the
garage or other areas where the drains may capture oil, grease and sand, will need to have oil & sand
interceptors installed in -line before the flows are discharged to either the sanitary sewer or the stormwater
drainage system.
6. Utilities: As reported by the several utility providers, there is sufficient capacity in the
distribution and collection systems for the proposed development and no significant up -grades or changes will
be required in the systems of the several utility providers. The applicant will be required to improve water
service lines and sanitary sewer lines to present day standards for the existing structures and the newly
constructed buildings.
7. Condominiumization: For purposes of operation, maintenance and administration, each dwelling
unit will need to have separate utility services, metering and isolation valves and switches. The general
common elements and limited common elements will be labeled, dimensioned and identified on the
condominium plat recorded after substantial completion of the buildings and site. The condominium plat will
be recorded prior to issuance of any certificates of occupancy for the project.
8. Easements: The subdivision plat will include explanatory notes fully describing the present status
of the easements encumbering the property including notes and recording citations for easements which have
been extinguished, abandoned or modified. The abutting subdivisions and lots will also be shown on the
subdivision plat as required by Aspen Municipal Code.
9. Sidewalk, Curb and Gutter Repair and Replacement: As necessary, the existing sidewalks, curbs
and gutters will be repaired or replaced by the completion of the project. Any improvements or areas disturbed
during construction will be restored to existing condition or better. The light and sign post for the restaurant at
the southern side of the driveway onto S. Galena St. will be removed.
10. Dedication of Tract 3 to the City: The applicant will dedicate Tract 3, a non-contiguous and
undevelopable parcel fronting on S. Galena Street, triangular in shape and containing approximately 82 square
feet, to the city as part of the subdivision dedications.
11. Site Drainage and Conveyance of Off -Site Drainage: Due to the large area of impermeable
surfaces in the proposed development, a comprehensive drainage plan by a Colorado licensed civil engineer,
knowledgeable in flood control, will be required to identify solutions acceptable to the City Engineer to
mitigate the site -generated drainage flows. The drainage plan will also need to address the conveyance of the
off -site drainage flows which may pass through the site from the base of Aspen Mountain ski area on the
eastern side and southeast corner of the property. Along the southerly side of the property, the space between
the neighboring multi -story building and the proposed condominium building will be particularly susceptible to
3OF4
DRCM2397.DOC
Memo - Tippler Townhomes Subon, Special Review, GMQS Exemption, and Vested RighiS�
ice and snow build-up. Conveying drainage flows from this side of the property, particularly if attempting to
pass off -site flows through this corridor and around the entrance to the underground garage, will require
thorough planning to prevent unintended water intrusion and possible ice build-up.
The city holds an easement along the easterly side of the property which contains a water main. If the applicant
is considering any drainage improvements along this exterior basement wall, he will be required to secure prior
written clearances from the City Water Dept. and the adjacent property owner for the construction and
maintenance of any such improvements. Any improvements in this easement will be fully recorded with "as -
built" drawings delivered to the City Water Dept. before issuance of a certificate of occupancy for the project.
12. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat.
13. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property boundaries and
any other improvements.
14. Changes in Conditions: If the proposed use, density, or timing of construction of the project
change, or the site, parking or utility plans for this project change subsequent to this review, a complete set of
the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and
recommendations given in this memorandum apply to the application and plans (dated November 1, 1997)
provided for this review and such comments and recommendations may change in response to changes in the
use, density, or timing of the construction of the project, or changes in the site, parking or utility designs.
4OF4
DRCM2397.DOC
APR 30 '93 02:20AM P.1
Memorandum
THE CITY op ASPEN
TO: Mitch Haas, Community Development
FROM: Kevin Dunnett, Park's Department
RE: Tippler Townhomes Residential GMQS Application
DATE:. 26 November 1997
I have reviewed this applicatioli and have the following comments:
I. The number of the existing trees on the southeast side of the property is
illegible on the survey. It appears that if Me mitigation is necessary the proposed
planting scheme allocates an acceptable number of new trees.
2. The Park's Department would like to see the deciduous plantings on the eastern
side of the development moved further away from the building facade-(8 to 10 feet mitt,
preferred).
Please call with any' questions.
130 scmH G vA4k STG9T AsM Coi.MDO 91611-1975 PmNE 970.920.5000 FA 970,921.5iw
n�maa � aka P.prr
�n Consol dafed csQ171fClflO�isfrlcf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925-3601 FAX #(970) 925-2537
Sy Kelly • Chairman
Paul Smith • Treas.
Louis Popish • Secy.
November 25, 1997
Mitch Haas
Community Development
130 S. Galena
Aspen, CO 81611
�N,0� 0v2S199J
oMMrr/N
ON1�
P4opM�NT
Re: Tippler Town homes Residential GMQS
Dear Mitch:
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's rules,
regulations, and specifications which are on file at the District office. There is a downstream
constraint in Galena street that will be eliminated through a system of prorated additional fees.
The plans for the common service line to the development that is being proposed will need to be
reviewed by our line superintendent prior to construction. The subgrade parking area will be
required to have a District approved oil and sand separator installed. Since more that one unit will
be served by the common service line, a shared service line agreement will need to be completed
and approved by our Board. No clear water connections will be allowed to the public system. The
application states that surface run-off and subsurface water will be directed to a dry well system
which helps address our clear water connection concern.
would encourage the applicant's engineer to continue to work closely with our line
superintendent to determine the best method of connecting the project to the public system. Once
detailed plans are available, a tap permit can be completed at our office, which will estimate the
total connection charges for the project.
Please call if you have any questions.
Sincerely,
Bruce Matherly (�
District Manager
EPA Awards of Excellence
1976 - 1986 • 1990
Regional and National
DEC ac ' 9 7 123: 05FM ASPEN Hi )1_IS i NG C1FC P .
MEMORANDUM
TO: Mitch Haas, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: December 2, 1997
RE: Tippler Townhomes Residential GMQS Application
Parcel ID No. 2737-182-96-033
I5$UE: The applicant is proposing to demolish an existing commercial structure and constnict
four free-market twnhomes and four deed restricted affordable housing units.
RACKGROI;,IRD: The free-market units are being proposed as three bedrooms, three and one -
hag baths, approximately 2,S65 square feet. This equates to 12 free market bedrooms. The
affordable housing component is to consist of the following:
Cat ory rooms
2 1 bedroom 620 sq. ft.
$715
2 1 bedroom 620 sq. ft.
$715
3 2 bedroom 960 sq. ft.
$971
3 2 bedroom 960 sq. ft.
$971•
"The applicant is proposing to price the Category 3 units as 'lower priced" units. The $971 is
midway between Category 2 maximum and the maximum of Category 3.
The sizes of the units are a little larger than the minimum net livable square footage required in
the Aspen/Pitkin County 19197Affordable Housing Guidelines. A common parking area within
the garage will provide six designated parking spaces for the four affordable housing units, and
two guest parking spaces. This allows at least one parking place per bedroom.
According to Housing Board policy, one of the preferences for unit types is Categories 1, 2 and
lower priced Category 3 rental units, therefore,. the units being proposed would be a good addition
to the housing inventory.
The applicant's free market component consists of 12 bedrooms (4 3-bedroom units) which, at 3
residents per a 3-bedroom unit, would house 12 people, The affordable housing component
would house a total of S employees (1.75 residents per each one -bedroom unit and 2,25
residents per each two -bedroom unit),
The applicant is providing housing for a total of 8 employees, which is approximately 67%
compared to the free market units. According to Section 26-100.080, Growth management
scoring criteria: msidendal and tourist accommodations, one of the criteria's is to revitalize
r
DFC 02 ' S r 03 : 35PM ASPEN A tLISING --,FC P .:?
the permanent community. The applicant is fulfilling this criteria by providing high -quality, on -site
affordable housing for permanent residents. specifically rentals in the Category 2 and 3 range.
RCOdi?AT1QN: The Housing Office recommends the maximum points be given in this
specific area. Staff would recommend the fallowing conditions:
1. a site visit by staff of the affordable housing units prior to Certificate of Occupancy; and
2. a deed restriction be recorded PRIOR to building permit approval.
January 5, 1998
TO: Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Att: Mitch Haas, Planner
FROM: Tipple Inn Condominiums
505 E. Dean St.
Aspen, CO 81611
RE: Tipple Townhome Project
Dear Mitch:
The Tipple Inn Board of Managers has met with Mr. Sirous Saghatolesami and have reviewed
the plans regarding the proposed demolition of the existing Tippler Bar and restaurant and
subsequent construction of the new Tippler Townhomes.
This letter is to express the Tipple Inn Board of Managers approval with the project in
concept. If the Association has any minor concerns regarding design, landscaping and parking,
it will address these issues with the appropriate officials at the right time. Therefore, the
Tipple Inn Association has no further comments at this time in the review process.
Sincerely,
ASPEN SNOWMASS LODGING COMPANY, INC.
ID01"A -"1Wdt4"a'Q
Douglas L. Nehasil
Vice President
Managing Agent for the Tipple Inn Condominium Association
cc: Sirous Saghatolesami
747 South Galena Street Aspen, Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264
http://www.aspenonline.com/aspenlodgingco E-mail: lodging@csn.net
• 1�(orth �
of bell
January 9, 1998
Community Development
Building -Planning -Zoning
130 S. Galena
Aspen, CO 81611
Dear Planning Office,
RECEIVED
JAN 1 J 1998
^orcN i rri I KIN
COMMUNITY DEVELOPMENT
The North of Nell Condominium Association has reviewed the
application submitted by Sirous Saghatoleslami regarding the
conversion of the Tippler Restaurant and Nightclub to townhomes.
Historically, the Tippler nightclub has created tremendous noise
impacts on the North of Nell operation. We strongly support the
plans submitted with the condition of maintaining the 28 foot
height limitation.
Please call me with any questions you may have.
Sincerely,
Joe Joe Raczak
General Manager
555 E. Durant Avenue • Aspen, Colorado 81611 (970) 925-1510 • Fax (970) 925-1550
Webb: http://www.Ifoa.com/northnell E-mail: northnel@rof.net
•
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January 20, 1998
TO: Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Att: Mitch Haas, Planner
FROM: Galena Place Condominiums
Alpenblick Condominium Townhomes
Fasching Haus East & West Condominiums
Fifth Avenue Condominiums
RE: Tipple Townhome Project
Dear Mitch:
As the Property Manager for the above mentioned Condominiums Associations, I have been
requested to send a letter to you concerning the proposed Tipple Townhome project.
This letter is to express each Association's approval with the project in concept. If any
Association has minor concerns regarding design, landscaping and parking, it will address
these issues with the appropriate officials at the right time. Therefore, the above Associations
have no further comments at this time in the review process.
Sincerely,
ASPEN SNOWMASS LODGING COMPANY, INC.
Douglas L. Nehasil
Vice President
Managing Agent for the above Associations
cc: Sirous Saghatolesami
747 South Galena Street Aspen, Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264
http://%tr%%nv.aspenonline.conVaspenlodgingco E-mail: lodging@csn.net
•
•
February 19, 1998
Amy Guthrie
City of Aspen
130 South Galena Street
Aspen CO 81611
Re: Tipple Inn - Historic Designation
Dear Amy,
FR: Francis X. Krizmanich
Land Use Planning Consultant
79 Light Hill Road
Snowmass, Colorado 81654
On behalf of Gary Jacobs, the owner of Unit #12, of The�Tipple Inn Condominiums, I submit the
attached photographs for your consideration.
Mr. Jacobs believes that the Tipple Inn (and perhaps other adjacent structures)
is eligible for inclusion into the Aspen Historic Inventory. The following photographs depict the
metamorphosis of an Aspen mining era structure into one of Aspen's early skier vacation rental
apartment buildings.
Photograph #1 depicts the Park Tunnel tram and the Tipple building on the left ,directly behind the
D&RG rail car. The Tipple building is believed to have been constructed in the mid-1920's.
Photograph #2 shows the Durant mine building looking south toward Aspen Mountain. It is believed
that timbers from this building were used in the construction of the larger Tippler Condominium
building.
Photographs #3 and #4 show the remains of the Tipple and the foundation support columns that
remained from the original structure.
Photographs #5 and #6 show the Tipple building (at approximately the center of each photo) during
what is believed to be the 1940's. Photograph #7 shows the Tipple building in a 1941, Aspen
Historical Society Photograph that was shown in the Aspen Times in the 1995 Roch Cup edition.
Local resident Ken Moore purchased the Tipple and remodeled it into the Tipple apartments in 1956.
Photograph #8 shows the building at that time. Photograph #9 contains a series of photos that
show the Fritz Benedict designed addition which added bedrooms and essentially created the Tipple
Inn which exists today. Photograph #10 shows the view of the apartments toward Aspen Mountain
and Photograph #11 is a postcard picture from that period.
We believe that the Tipple Inn represents an important period in Aspen's history that should be
preserved. The attached photographs document that history and support the addition of the Tipple
Inn to the Aspen Historic Inventory.
If you have any questions or need additional information please call me at 927-4263.
Sincerely,
Francis X. Krizmanich7—EXHPlanning
Consultant
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Photograph #9: The Benedict Addition
Photograph #10: View Toward Aspen Mountain
•
•
Photograph #11: Postcard Picture of the Tipple Inn
TIPPLE INN - Unique and charming apartments over-
looking Little Nell ski slope in ASProomEN, olo. Three
two -bedroom units, each with living , Ckitchenette,
bath and sundeck, plus "The Cave," a fun room in
the basement. The apartments are completely
equipped for housekeeping, and there is daily maid
service during ski season. - for reservations at the
Battty MoorePPLE or . floc: 8 OE Aspen. ColloasPhonelWAe5-364d1
Ast Card
PLACE
STAMP
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50141-e
I
•
0
PUBLIC NOTICE
RE: TIPPLER TOWNHOMES SPECIAL REVIEW FOR PARKING AND
SUBDIVISION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March
17, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to
consider an application submitted by Kettle Corporation, c/o Sirous Saghatoleslami, P.O.
Box 8030, Aspen, CO 81612, requesting approval of an application for Subdivision and
Special Review of Off -Street Parking Requirements. The property is located at 535 Dean
Street, and is described as Lots L, M, and N, Block 97, Aspen Townsite, Lot 1 Tipple
Woods Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of Section 18, T. 10 S,
R.84 W, of the 6th P.M., City of Aspen, County of Pitkin, State of Colorado. For further
information, contact Mitch Haas at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5095.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on February 28, 1998
City of Aspen Account
RECEIVED
MAR 1 b 1998
MARY I. FAULKNER HJrCw, r, 1 r\1N
TIPPLE LODGE COMMUNITY DEVELOPMENT
P. 0. Box 147 Aspen, CO 81612
(970) 925-3764
Sara Garton, Chair 16 MAR 98
Aspen Planning and Zoning Commission
130 S. Galena
Aspen, CO 81611
RE: TIPPLER TOWNHOMES SPECIAL REVIEW FOR PARKING AND
SUBDIVISION - 17 March 1998 - Public Hearing
Dear Ms. Garton:
I own property on Lot 2, Tipple Woods Subdivision,
immediately adjacent to the proposed Tippler Townhomes
project. I regret that I will be unable to attend the above
mentioned Public Hearing, but I wish to voice my
enthusiastic support for the plan.
Naturally, there are details that need to be worked out
between the parties, but I am confident that our on -going
discussions will be successful.
Sincerely,
Mary I. Faulkner
cc: Sunny Vann
Sirous Saghatoleslami
•
•
MEMORANDUM
TO: The Mayor and City Council of Aspen
THRU: Amy Margerum, City Manager \� /
John Worcester, City Attorney Vv^i
Stan Clauson, Community Development Director
Julie Ann Woods, Community Development Deputy -Director
FROM: Mitch Haas, Planner
RE: Acceptance of 1997 Metro Area Residential GMQS Scores and Awarding of Four
Residential Allotments to the Tippler Townhomes
DATE: March 9, 1998
SUMMARY: Pursuant to Section 26.100.060(C)(3)(f) of the Aspen Municipal Code, the attached
resolution of the Growth Management Commission (Resolution GMC-98-01) forwards the 1997 Metro
Area Residential GMQS scores for the following application which was submitted for the 1997
competition:
Tippler Townhomes
There was no competition this year as the Tippler Townhomes project was the only request received for
the 1997 allotments. The request was for four (4) of the eleven (11) available allotments. There are
normally two (2) residential allotments available in the Metro Area on an annual basis. However,
unallocated allotments from previous years has resulted in eleven (11) available allotments through the
1997 Metro Area Residential GMQS process.
The proposal includes a total of four (4) free market residential units and four (4) deed restricted units in
a single multi -family structure. The four proposed affordable units would include two (2) two -bedroom
units and two (2) one -bedroom units, deed restricted for rents in the Category 3 and Category 2 levels,
respectively. The Land Use Code provides for a GMQS Exemption available to the four (4) deed
restricted units; thus, only the four free market units require development allotments. The Growth
Management Commission reviewed the Tippler Townhomes proposal on January 27, 1998, and gave the
application a score of 14.9 points. This exceeds the minimum threshold score of 12 points. Scores
granted in the individual scoring criteria were as follows:
• Revitalizing the permanent community received an average score of 3.6 points;
• Providing transportation alternatives received an average score of 3.9 points;
• Promoting environmentally sustainable development received an average score of 3.6 points; and,
• Maintaining design quality, historic compatibility and community character received an average
score of 3.8 points.
Since the Growth Management Commission's scoring exceeded the minimum threshold score of three in
each of the four scoring categories, the Commission recommends granting of four (4) residential
allotments to the Tippler Townhomes project. The tally sheet showing their scoring is attached as
Exhibit A to the Growth Management Commission's Resolution.
No challenges or appeals of the scoring were received during the required 14 day period following the
scoring.
The Code requires that the Commission's scores be forwarded to and accepted by the Board of County
Commissioners and the City Council. The Growth Management Commission Resolution, which
forwards the scores, is attached. The Board of County Commissioners accepted the scores at a regular
meeting on February 25, 1998. Since the project is located within the City, the City Council maintains
final authority over granting the requested allotments.
RECOMMENDATION: Staff recommends that the Council accept the 1997 Metro Area Residential
GMQS scores and grant four (4) residential allotments to the Tippler Townhomes, as provided in the
attached Resolution.
EXHIBITS:
Exhibit A - Resolution GMC-98-01
Exhibit B - January 20, 1998 Staff Memorandum to the Metro Area Growth Management Commission,
with the following exhibits attached:
A - Metro Area Residential Score Sheet
B - Referral memos from Environmental Health, Engineering, Housing, Parks & ACSD
C - (not attached) was the submitted application package
D - Letters from citizens/neighbors
E - Scoring Procedure excerpt from Land Use Code
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RESOLUTION OF THE GROWTH MANAGEMENT COMMISSION OF ASPENIPITIEN
COUNTY COLORADO, FORWARDING THE 1996 METRO AREA RESIDENTIAL
GROWTH MANAGEMENT QUOTA SYSTEM SCORES TO THE
BOARD OF COUNTY COMMISSIONERS AND CITY COUNCIL
Resolution No. GMC-98- 01
1. On January 27, 1998, the Growth Management Commission (hereinafter Commission) held
a duly noticed public hearing at which time evidence and testimony was presented with respect to
Residential Growth Management applications.
2. The Commission reviewed the following application for the 1997 Metro Area Residential
GMQS competition:
• Tippler Townhomes - requesting approval for residential growth management
allocations for 4 free market units
3. The proposed Tippler Townhomes project is located at 535 Dean Street in the City of
Aspen, Colorado, and is legally described as "A Parcel of Land Situated in Lots L, M and N, Block
97, Aspen Townsite, Lot 1. Tipple Woods Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of
Section 18, Township 10 S., R.84 W., of the 6th P.M., City of Aspen. County of Pitkin. State of
Colorado."
4. There are two (2) Metro Area residential allotments available each year; however,
unallocated allotments from previous years have resulted in eleven (11) available allotments
through the 1997 Residential GMQS process. Tippler Townhomes have requested four (4)
allotments for 1997. There was no competition for the available allotments.
5. The Commission gave the Tippler Townhomes application a score of 14.9 points. This
exceeds the minimum threshold score of 12 points. Similarly, the Commission's average score on
each of the four scoring categories exceeded the minimum threshold score of three (3). The
specific scores were as follows:
• Revitalizing the permanent community received an average score of 3.6 points;
• Providing transportation alternatives received an average score of 3.9 points;
• Promoting environmentally sustainable development received an average score of 3.6
points; and,
• Maintaining design quality, historic compatibility and community character received
an average score of 3.8 points.
NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards
the 1997 Metro Area Residential GMQS scores to the Board of County Commissioners and City
Council.
Resolution No. GMC-98-Of
Page 3
APPROVED AND ADOPTED ON THE SO day of 1998.
ATTEST:
AjackieLo__ n,
Assistant ty Clerk
APPROVED AS TO FORM:
David Hoefer
Assistant City Attorney
GROWTH MANAGEMENT COMNIISSION
OF ASPEN/PITKIN COUNTY, COLORADO
ara Garton, Chairperson
Date
APPROVED AS TO CONTENT:
S n n
Community Development Director
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MEMORANDUM
TO: The Metro Area Growth Management Commission
i
THRU: Stan Clauson, Aspen Community Development Director
Julie Ann Woods, Aspen Community Development Deputy Director
FROM: Mitch Haas, Planner
RE: The Tippler Townhomes Residential GMQS Application. Parcel ID 2737-
182-96-033
DATE: January 20. 1998
SUMMARY: The applicant is requesting four (4) metro area residential GMQS allotments to
develop four free market dwelling units as well as four deed restricted units in place of the Tippler
Night Club. Associated reviews which will be separately considered by the Planning & Zoning
Commission and the City Council include GivIQS Exemptions for four affordable housing units,
Subdivision and Special Review. Staffs recommended scoring of the project is attached as Exhibit
A. and the application packet is attached as Exhibit C.
No other applications were received for metro area residential GMQS allotments.
APPLICANT: Kettle Corporation care of Sirous Saghatoleslami, represented by Vann Associates.
LOCATION: 535 Dean Street: Lots L. M and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods
Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of Section 18, T.10 S., R.84 W., of the 6th
P.M., City of Aspen, County of Pitkin, State of Colorado. Currently the site of The Tippler Lunch,
Apres Ski and Dancing night club located on the south side of Dean Street between South Galena
Street and the base of the Aspen Mountain Ski Area.
ZONING: L/TR, Lodge/Tourist Residential
LOT SIZE: 17,890 square feet.
BACKGROUND: The property consists of three separately described tracts of land (see
improvement survey and pages 3-5 in written application, Exhibit C). The property currently
contains a one-story brick and wood commercial structure with a full basement, an adjacent outdoor
patio, and a paved parking area. The existing structure contains approximately fourteen thousand
square feet, inclusive of the basement, and is located predominantly on Tract 1. The existing
structure's surface parking area is located entirely on Tract 2, and Tract 3 contains a portion of
Galena Street and the adjacent public sidewalk. The ground floor of the existing structure is
occupied by the Tippler nightclub and bar. The Italian Caviar restaurant occupies the structure's
basement.
Existing land uses within the immediate vicinity include the North of Nell Condominiums, which
are located across from Tract 1 on the north side of Dean Street; the Tipple Lodge; which is located
immediately south of Tract 2; the Tipple Inn Condominiums, which are located immediately west
of Tract 1; and, the Galena Place Townhomes, which are located southwest of Tract 2. The Aspen
Skiing Company's Little Nell ski run, the Silver Queeen Gondola and the Little Nell ski lift abut the
eastern boundary of Tracts 1 and 2.
REFERRAL COMMENTS: Comments from the Parks, Housing, Engineering, and
Environmental Heath Departments, as well as the Aspen Consolidated Sanitation District are
attached as Exhibit B. These comments have been included in staffs responses to the GMQS
scoring criteria. where applicable. Comments were also received from the Tipple Inn
Condominium Association and the North of Nell, copies of which are.attached as Exhibit D.
STAFF RECOMMENDATION: Staff has awarded the project a total score of 14. which meets
the requirement that an application must receive a score of at least three points for each of the four
growth management scoring criteria in order to receive development allotments. Staff recommends
that the Growth Management Commission accept staff s scoring of the project. Granting of the
allotment will be contingent upon approval of the associated reviews by the City Planning &
Zoning Commission and the City Council.
RECOMMENDED MOTION: "I move to forward the scores for the 1997 Metro Residential
GMQS competition to the City Council and the Board of County Commissioners."
Exhibits:
A - Staffs recommended scoring
B - Referral Comments
C - Application Packet
D - Letters from Tipple Inn Condominium Association and North of Nell
E - Excerpt from Land Use Code (Section 26.100.060), GMQS Scoring Procedures
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Scoring: Points shall be awarded for performance relative to each of the four scoring criteria.
Possible scores for each criterion shall range from zero, the lowest possible score, to five, the
highest possible score. It is recognized that small projects could be at a competitive disadvantage
when scored against large-scale projects. It is intended, therefore, that projects be evaluated
according to reasonable expectations regarding what could be expected given their size and scale.
A score of zero shall be awarded to projects that, although they had the opportunity to comply
with scoring criteria and had the ability to advance stated community goals, will actually
contribute nothing to implementation of the articulated vision and may, in fact, move the
community further away from its stated goals. A score of three indicates that a project will move
the community closer toward attainment of its stated visions and make a positive contribution
toward the implementation of articulated goals. A score of five indicates that a project
demonstrates exceptional sensitivity to the stated visions of the community and will result in
significant movement toward implementation of those goals. Other scores along the continuum
from zero to five will be awarded based on the degree to which projects will implement stated
goals. No growth management allocation shall be ativarded to proiects that do not receive a final
average score of at least three points for each of the groivth management scoring criteria of
Pitkin County Land Use Code Sections 3-160. _ 0-C.1, 3-160.50-C.2, 3-160.5 0-C.3 and 34 60. 0-
C. 4, or of the City of * Aspen _111unicipal Code Sections 2 6.100. 080(C) (1), 26.100.080(C)(2),
26.100.080(C)(3), and 26.100.080(C)(4).
Criteria:
Revitalizing the permanent community: Residents of the Aspen area have long recognized
the need to preserve the community's character and identity as more than just a resort, a
collection of second homes and a tourist shopping mecca. They recognize that a "critical
mass" of permanent residents and local serving -businesses is necessary to make any
community function. They recognize, too, that the vitality brought to the Aspen area by full-
time residents is being seriously diluted by the inability of working people to live in their
own community.
As a result of these concerns, one of the community's central goals is to create a community
with a size, density and diversity that encourages interaction, involvement and vitality and
one that provides opportunities for its workers to become a permanent part of the social
fabric.
There are a variety of ways in which a project might address the goal of revitalizing the
permanent community, including, but not limited to the following:
a. providing high -quality, on -site, affordable housing for permanent residents;
b. providing site appropriate mixing of free market and affordable housing for efficient
provision of services such as transit and discourages site planning that isolates
affordable and free market units;
c. providing a housing package consistent with the Housing Authority Guidelines with
an emphasis on family -oriented housing where and when appropriate;
d. creating affordable dwelling units through buy -downs or conversion of existing free
market units; and
e. providing "locally serving commercial spacelbusinesses."
STAFF COMMENTS: The Aspen Area Community plan defines "critical mass" as 60% of the
workforce. Accordingly, past projects have been required to mitigate for new employee
generation by providing deed restricted housing at a rate of 60%. The applicant's proposal
includes the provision of four (4) high -quality, above -grade, on -site affordable housing units
which would be. rented to qualified residents pursuant to APCHA's (Aspen/Pitkin County
Housing Authority's) affordable guidelines. The project's two 1-bedroom units would be deed
restricted to APCHA's Category 2 income and occupancy guidelines. The two 2-bedroom units
would be deed restricted as "lower -priced" Category 3 units. The proposed unit configurations
and rental categories are consistent with the APCHA's preferred unit types as expressed in its
1997 Affordable Housing Guidelines.
In the referral memo provided by the Housing Office (Exhibit B), the following statements are
made:
• According to Housing Board policy, one of the preferences for unit types is Categories 1. 2,
and lower priced Category 3 rental units. therefore. the units being proposed would be a
good addition to the housing inventory.
• The applicant's free market component consists of 12 bedrooms (4 three -bedroom units)
which, at 3 residents per 3-bedroom unit, would house 12 people. The affordable housing
component would house a total of 8 employees (1.75 residents per each one -bedroom unit,
and 2.25 residents per each two -bedroom unit). The applicant is providing housing for a total
of 8 employees, which is approximately 67% compared to the free market units. The
applicant is fulfilling the criteria dealing with .'revitalization of the permanent community'
by providing high -quality, on -site affordable housing for permanent residents, specifically
rentals in the Category 2 and 3 range. The Housing Office recommends the maximum points
be given in this specific area.
The proposed affordable housing units would exceed APCHA's minimum net livable square
footage requirements. The 1-bedroom units would each contain approximately 620 square feet
of net livable area (20 square feet more than the minimum) while the 2-bedroom units would
each contain approximately 960 square feet (60 square feet more than the minimum). These units
would be fully integrated with the free market units, as they would be located on the same site
and within the same multi -family structure. In addition, each affordable unit would have its own
associated off-street parking space located within the project's sub -grade parking garage, as well
as washers and dryers in each unit, abundant windows, a bicycle storage area in the garage and
covered access.
The proposed development is also consistent with several of the policies stated in the AACP's
Housing Action Plan. The Action Plan encourages infill development within the existing urban
2
area in an effort to preserve rural open spaces and to allow more employees to live close to where
they work. The policies also promote small scale residential housing projects which fit within
the character of the community and are interspersed with free market housing throughout the
Aspen area. in addition, the Action Plan recommends that permanent resident housing be located
near existing activity centers. The proposal calls for infill development which is conveniently
located with respect to the commercial core. The proposal calls for interspersed affordable
housing units and free market units.
Given the foregoing and the Housing Office's recommendation, Community Development staff
recommends a score of four (4) for "revitalizing the permanent community."
PLANNING STAFF RECOMMENDED SCORE: 4
2. Providing transportation alternatives: Residents recognize that reducing dependency on
the automobile is vital for the long-term livability and health of the Aspen area. Their plan is
so bold as to envision a time in the not -too -distant future when the automobile is not the
dominant means of moving people in and around the community. They are seeking a
balanced, integrated transportation system for residents, visitors and commuters that reduces
traffic congestion and air pollution. There are a variety of ways in which a project might
address the goal of providing transportation alternatives, including, but not limited to the
following:
a. reducing the need for private vehicles as a form of transportation;
b. facilitating and encouraging year-round pedestrian transportation;
c. helping to implement a valley -wide mass transit system;
d. providing needed improvements to the existing RFT A system.
e. increasing the number of available transportation choices;
f. creating a less congested downtown core; -
g. helping to implement the transportation planning policies of the AACP and the Aspen
to Snowmass transportation plan;
h. altering land use patterns to accommodate and contribute to a more efficient and
effective transit system;
i. creating, improving or expanding public commuter trails, walkways or bikeway
facilities that are consistent with the goals of the AACP and associated plans, such as
the pedestrian/bikeway plan;
j. locating developments near transit facilities;
k. providing on -going transportation to and from the airport, ski areas and shopping
areas;
1. providing on -going employee transportation services such as van pools or buses at no
cost to employees;
m. providing bicycle parking, showers and lockers for employees; and
n. providing secure bicycle storage for guests and employees.
3
0 - 0
STAFF COMMENTS: The location of the proposed development virtually ,guarantees the
satisfaction of this criterion. The main objective of the criterion is to reduce the community's
day-to-day dependency on the automobile. The project represents an infill site within easy
walking distance of the downtown core and only one block from the Ruby Park bus station (also
the site of the potential future light rail station). The site's proximity to downtown will enable its
residents to easily walk, bicycle or take the bus to work, to shop, or to recreate. This ability is
expected to have the potential to reduce both vehicular congestion and air pollution in the
downtown. The proposal promotes the use of bicycles for transportation by including an area for
bicycle storage in the sub -grade parking garage. In addition. the closure of the restaurant and bar
would significantly reduce, if not eliminate, the impact of delivery vehicle and trash hauling
traffic on Dean Street, thereby significantly enhancing the safety and experience of the pedestrian
link between the former Ritz Carlton and the Grand Aspen Hotels and the Aspen Mountain ski
area's base facilities/gondola plaza.
The referral memo from the Environmental Health. Department (attached as Exhibit B) states that
the change in use from the Tippler nightclub and Italian Caviar restaurant will result in
significantly fewer trips per day than occur presently (using ITE trip generation rates). The
Environmental Health memo goes on to -state that the location of the units so close to shopping
makes it more likely that the. residents will walk. bike or use the bus than if the project were
located farther from the commercial core; therefore. the application will not have a significant
adverse air quality impact.
In summary, the project's walkable proximity to the downtown and to the Ruby Park bus station.
combined with the provision of facilities to promote the use of bicycles, will serve well to reduce
the residents' dependency on the automobile, thereby reducing traffic congestion and air
pollution in the commercial core. Also, the project (change in use) is anticipated to reduce the
number of vehicle trips generated per day to and from the site, as compared with current levels.
For these reasons, staff feels that the project will move the community closer to its stated goals
with respect to providing transportation alternatives. Staff believes that the project is doing more
than making a modest contribution given the scale of the development and, thus, is
recommending a score of 4.
PLANNING STAFF RECOMMENDED SCORE: 4
3. Promoting environmentally sustainable development: Residents of the Aspen area
recognize that the natural environment is one of the community's greatest assets. As a result,
they wish to allow only that development that is environmentally sensitive and that promotes
individually responsible, ecological lifestyles. The community seeks to foster a high level of
consciousness relative to resource conservation, wildlife protection and environmental
sustainability.
4
•
•
There are a variety of ways in which a project might address the goal of promoting
environmentally sustainable development, including, but not limited to the following:
a. orienting building sites, streets and other project features in order to maximize
potential for use of solar energy and other renewable energy resources;
b. protecting and preserving existing trees and other mature vegetation during and after
the construction process;
c. using fewer or cleaner wood -burning devices than allowed by law;
d. removing or replacing existing dirty wood -burning devices;
e. increasing community access to natural and open space areas:
f. promoting community recycling efforts;
g. landscaping with low -water -use plant materials and using chemical -free landscape
maintenance techniques;
h. employing measures that reduce PM 10 levels in the non -attainment area.
i. preserving and efficiently using environmental resources during all phases of
development, including types of materials used and future energy and material needs
of the project.
j. completely avoiding "1041" hazard areas and ridgeline development:
k. enhancing existing wildlife habitat,
1. completely avoiding 3040 Greenline issues: and
in. completely avoiding Stream Margin Review issues.
STAFF COMMENTS: As the site is presently developed, there is very little existing vegetation
and no significant environmental features to be preserved. The property is not affected by any
natural hazards. The applicant plans on removing a few small trees, the majority of which fall
outside the City's tree removal permit requirements. The applicant has also stated (p. 27 of
application. Exhibit C) that those trees to be removed which will require a tree removal permit
will be relocated elsewhere on the property or replaced with new trees. The referral memo from
the- Parks Department states that it appears as though, if tree mitigation is found to be necessary,
the proposed landscape plan/planting scheme allocates an acceptable number of new trees.
The submitted landscape plan indicates a fairly extensive amount of plantings in the new
courtyard and in the other undeveloped portions of the site; these planting will help to reduce the
visual impact of the development. With the redevelopment of the site no existing open space
would be lost; rather, the redevelopment would result in substantially more open space on the
site than currently exists. Similarly, by removing the restaurant and bar uses, the new
development would result in lower levels of solid waste generation, the elimination of existing
emissions from the restaurant's kitchen, and a decrease in PM10 levels in the non -attainment
area (downtown) due to the anticipated reduction in vehicular traffic (see Exhibit B,
Environmental Health referral memo).
Also, while the project layout/building orientation is somewhat forced by neighboring
development and existing access requirements, the majority of the units will still maintain
passive solar gain. The applicant has committed to installing low -flow, water saving plumbing
fixtures in both the free market and affordable units. While the development would be allowed
5
to have two wood burning devices, none are being proposed. The trash collection area on/for the
site will also contain facilities for recycling.
Staff has decided upon a score of 3 for this criterion based on a feeling that the application will
move the community closer toward attainment of its stated visions and make a positive
contribution toward the implementation of articulated goals.
PLANNING STAFF RECOMMENDED SCORE: 3
4. Maintaining design quality, historic compatibility and community character: Residents
recognize the importance of design within the community's historic setting. It is a vital
component of the community's economic well-being and cultural heritage. They believe that
public architecture should support and enhance community life. Their goal is to ensure
maintenance of community character through design quality and compatibility with historic
features.
There are a variety of ways in which a project might address the goal of maintaining design
quality, historic compatibility and community character, including, but not limited to the
following:
a. restoring structures listed in the inventory of historic structures;
b. improving and maintaining the appearance and function of. alleys for commercial,
office and residential uses;
c. ensuring design compatibility with existing buildings in the vicinity of the proposed
project, in terms of scale, massing, building materials, fenestration, other architectural
features and open space:
d. including porches or other "pedestrian -friendly" features;
e. retaining and promoting eclectic and varietal businesses along main street that
maintain and enhance the special character of the historic district;
f. ensuring the site's useability for social activities.
STAFF COMMENTS: The proposed design for the multi -family building manages to
represent the eclectic nature of aspen's architecture in a single structure. For instance, while the
eight units would be in a single structure, the architecture will have the effect of making each
unit separately distinct. This has been accomplished by giving each of the units its own identity
through the use of varying exterior materials, building and roof forms, and heights. This design
approach will be successful in allowing the project to fit within the context of the wide range of
architectural styles that are present in the surrounding neighborhood and the community at large.
Also, the project has been designed to achieve compatibility in scale, massing and building
materials with the neighboring structures. The use of building materials such as wood siding,
heavy timbers and metal roofing is largely consistent with the materials used historically (as well
as in contemporary structures) throughout Aspen.
It may very well be said that the single greatest attribute of the proposed design lies more in that
which will be removed than in that which will be built. That is, the existing structure on the site
6
has outlived both its aesthetic and functional value. Thus, as this criterion calls for "maintenance
of community character through design quality," the removal. of the existing; stmctam alone` will
help to promote this goal. The fact that an architecturally interesting building would be
developed in its place is merely. a "bonus." In addition and besides the architectural design
quality, the redevelopment would serve to "spruce up the entire site by placing a pedestrian
courtyard with planting along the Galena Street and Dean Street sides of the site. The
appearance of Dean Street (used as an alley) would be greatly enhanced by the removal of the
trash receptacles, mechanical equipment and blank fences.
Thus, while the proposed architecture will result in an visually interesting structure that some are
sure to enjoy while others may not, staff believes that virtually all will agree that the "design
quality, historic compatibility and community character" will have been enhanced with the
redevelopment. Consequently, staff has decided to recommend a score of 3 for this criterion
based on a feeling that the application will move the community closer toward attainment of its
stated visions and make a positive contribution toward the implementation of articulated goals.
PLANNING STAFF RECONVYIENDED SCORE: 3
TOTAL RECOMMENDED SCORE: 14
• • err "�"
NEEMoRANDUM
To: flitch Haas, Community Development Department
From: Lee Cassin, Environmental Health Department sCY C
Date: December 26,1997
Re: Tippler Townhomes subdivision, Special Review, Gi.VIQS Exemption, Vested Rights
Parcel. ID # : i-1K4;_06-t7JJ
The Aspen%Piticin Environmental Health Department has reviewed the land ,Lw sucmittal under
authorn of the vlunicral Code of the C., v of Ashen, and has the foilowing comments.
_SEW ACE THE ATtiE N: a N_D COL: Q"�ON: `section 11 -11.7 shall je uniawnu or `he awner or occupant of
any building -:sea :or -esidence or ousiness ourroses wit:.ui e cry `o construct or -e,c:sauc an on -site sewage disaosai device.'
The aia^s to orovicie ,xaste,warer disposal or this project 1=ougn the central coilectienlines of the
Aspen ,:onsoddated Sanitat on Distrir_ A=, ):meet the :eauirements or this devar*ne-Tnt. The
abiiity of :he Asve_-n-Consoddared Sardtation District to handle the in(a—eased :low 'or the project
Will be dete_--=. ed by the ACSD. —the applicant :rust provide dorunentation ±,at he ap_ plicant
and the service agency are rnutually bound to the proposal and that the service agency is capable
of serzing the deveiopment.
ADEQUATE PROVISIONS FOR WATT NTEDS: Section =.,-_;J ' xu buildings, ssuc ures, :aciities. parks, or
the like wittun the ctv iinucs which use water snail be connected to the mumcrpai water utility system'
The provision of potable water from the City of Aspen system is consistent with Environmental
Health policies ensuring the suppiv of safe water. The City of Aspen Water Department will
determine if adequate water is available for the project. The City of Aspen water supply meets all
standards of the Colorado Department of Health for drinking water quality. A letter of agreement
to serve the project must be provided.
WATER QUA= i NIP ACTS: Section 11-1.3 "For the purpose of maintaining and protecting its mumapal water supply
from injury and pollution, the city shall e;cerdse re-Platory and supervisory jurisdiction within the incorporated limits of he City of Aspen
and over all streams and sources contributing to muniapai water supplies for a distance of 3ve (5) miles above the points from which
municipal water supplies are diverted."
A drainage plan to mitigate the water quality impacts from covered and paved areas will be
evaluated by the City Engineer. If the plan is approved, this application is not expected to impact
down stream water quality.
1
AM LJAI_ITY: SeC`sOI1S 11-7 1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the aw¢nrunt
practical degree of air purity possible by regm=g the use of all available pmctx= methods and techniques to controL prevent and reduce ai=
pollution throughout the citv.. " The L-uid Use Regulations seek to "lessen congestion° and "avoid transportation ciamands that cannot be melt
as well as to "provide clean air by protecting the natural air sheds and reducing pollutants.
The major air quality impact is the emissions resulting from the traffic generated by this
project PM-10 (83% of which comes from traffic driving on paved roads) is a significant
health concern in Aspen. The traffic generated will also produce carbon monoxide and
other emissions that are health concerns. The municipal code requires developments to
achieve the maxunum practical degree or air purity by using all available practical methods
to reduce pollution.
This project will result in 4 free :nar cet units and 4 aiforciabie housing units. Its present
uses inciude the Tippler nigntrub and a restaurant. The change in use will result in
significantly -'ewer trips per day Than occur presently (using standard iTE sip generation
rates). In addition, the location or the units so close to shopping makes itmore likL the
residents will walk or use the bus than if the project were located farther from the
commerc:ai core. T iere*ore the appiicat?on will not have a significant adverse air quality
lmpac:.
T aCr:'�NCCDS'iC�/� PtZ�II the aDT:llcant rust zie a "' eviace; weocistove pe_^nit
with. the Environmentai t ieait_h Depa:=_ ent berore the building -permit will oe �ssued. in the (:it,; -
of Aspen, buildings may have two gas `_og fireplaces or two certiuei weodstoves (or 1 or each)
and uPiimited numbers or decorative gas tirepiaca appliances :,er building. New homes may NOT
have wood burning replaces, nor may any heating device use coal as Duel.
Fr"C7.7TE DL;ST A `um e dust control plan is required which includes, but is not limited to
ZY-tivfencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud that has been carned out, speed limits, or other measures necessary to prevent
windbiown dust from crossing the property line or causing a nuisance. This will be crucial at this
site to prevent complaints, since there are so :nano buildings and so much pedestrian traffic
adjacent to the site.
D2IOT_ITION Prior to demolition or remodeling, the applicant should have the building tested
for asbestos, and if any is present, should consult the Colorado Health Department regarding
proper removal. It is likely that this facility may contain asbestos, so the testing should be done
well enough ahead of time to allow abatement before the applicant wants to obtain a building
per r t.
UNDERGROUND P AIRKNG The applicant must consult with an engineering firm about the
design of the underground parking structure ventilation system to ensure that ventilation is
adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby
2
areas outside it In order to deteanvne whether the proposed design prevents excessive Ievels of
carbon monoxide from concentrating inside the structcne and in nearby- areas and buildings, the
applicant will need to submit the proposed ventilation system plans to the Colorado Department
of Health for their evaluation to meet the above criteria.
CONFORMANCE WITH OTHER EI V ONM=AL HEALTH LAWS:
NOISE ABATEVI ELN'T: Section I&I 'The city council fords and declares that nose is a sigra cant source of environmental
pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of
aspen and it its visitors. ...-Accordingly, it is the policy of council to provide standards for perm snble noise levels in various areas and
manners and at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissibie sound level standards, and
construction cannot be done except between the hours of i a.m. and 10 p.m. I
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
-ninimize the predicted high noise levels. Over the long ran, this project s like1v to significantly
reduce noise uom this site, which has been a source of a number or noise compiaints in the past.
3
• DRAFT •
lMMORAiiiDiM
To: Mitch Haas, Project Planner
ThnL Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer
Date: November'_'8, 1997
Re: Tippler Townhomes Subdivision. Sceciai Revie :v. GIMQS E ,emption. and Vested Rights
Physical Address: 535 Dean Street. City of _aspen. CO
Le2ai Description: Three tracts of landlying in the NW 1i1. Section 1S. T10S. R34 . of the
6th'.�I.. Cir. of AEren. C0..:onsiszing ofLots _. -M. -and N. 31ccl� � 7.
�.spen Or_ginai Tovtimslte: Tot I oI :he Tipple Woods Subdivision: and Lot
of he Gannon s Lnrr: , and :note oartic uariv described as oilow_zz:
Tract 1. consisLLng of Lots tnrouiLn N. 31ocic 97. Aspen Tow site and an
area defined by a metes & bounds descnrdon. and also inciudinz
four subte=ean -.arc,- is. in ail containing 0.211 Ac..
Tract =, consisting of an area defined by a metes and 'pounds description and
containing 0.195 -kc.: and
Tract 3, consisting of an area defined by a metes and bounds description and
containing S: square feet, more or less. and all totaling 0.411 Ac.
more or less. -
After reviewing the above referenced application and making a site visit, I am reporting the
combined comments made by the members of the DRC:
Discussion:
The applicant has addressed the major elements and requirements of subdivision development and
there are no apparent problems which would preclude the development although some
modifications to the site design may be necessary. The major areas of concern are the adequacy of
the vehicular access and parking arrangement in the underground parking garage and the discharge
of snow and storm drainage flows.
The applicant will be required to complete the standard requirements and conditions associated
with the several forms of development requested in the application.
1 OF 3
MCNL'397.DCC
DRAFT
Memo - Tippier Townhomes SuodWImon. Speciai Review. GMQS Exempdon. and Vemd Righn
DRAFT
L parking; As a practical matter, the proposed above -ground and underground parking
arrangements need to be reviewed to verify that there is sufficient space to maneuver into the
parking spaces as they are shown on the development plans. The number and arrangement of
paricing spaces in the common garage may need to be reduced or some of the spaces may need to be
designated as "compact" spaces in order to make parking spaces which may be entered and excited.
2. Utilities: As reported by the several utility providers, there is sufficient capacity in the
distribution and collection systems for the proposed development and no significant up -lades or
chances will be required in the several systems. The applicant also acknowledges that he expects to
encounter some unforeseen and sun -standard 'utility connections In the-xcisting buildings. Dossibiv
including shared services with the adiacent Tipple Inn and Tipple inn Condominiums. and is
prepared to correct these conditions as they are encountered.
3. Driveway Access: Due -o an existing access easement benefiting he adiacent orooerry
and dating from the Tippie Woods Subdivision. circa 19.9. the excistina dn'_vewav width and
geometry willremain essent;aily unchanaed. Sight .iistarce onto S. Galena Street :s adequate and
no obst:czina landscaping zor :mt rovements are propose- hat :vouid adversely reduce visibility
of the driveway and street.
4. Sanitary Sewer Service: I nis property will .require multirie sanitar., server se ---ices
(one for each unit). if a trench drain is located in the driveway to intercept storm drrinace from
either enterins he property from the street or to prevent drainage lows from enterna the
subterranean garage. these lows must be directed into the drywell or stormwater drainage system
rather than the sanitary sewer system. Any drains servic:n; the aaraae or other areas where the
drains may capture oil. azease and sand. will need to have oil & sand interceptors installed iII-line
before the flows are discharged to either the sanitary sewer or the stormwater drainage system. -
5. Condominiumization: For purposes of operation, maintenance and administration,
each dwelling unit will need to have separate utility services, metering and isolation valves and
switches. The general common elements and limited common elements will be labeled,
dimensioned and identified on the condominium plat recorded after substantial completion of the
buildings and site.
6. Easements: The subdivision plat will include explanatory notes fully describing the
present status of the easements encumbering the property including notes and recording references
of documents for easements which have been exct tiguished, abandoned or modified.
2OF3
DRC,%U397.DOC
DRAT
Memo - Tippler Townhomes Sut&n. Spectai Review. GivtQS Ecempuon. and Vested Rip
DRAFT
7.� Sidewalk, Curb and Gutter Repair and Replacement As necessary, the existing
sidewalks, curbs and gutters will be repaired or replaced by the completion of the project Any
improvements or areas disturbed during construction will be restored to misting condition or better.
The light and sign post for the restaurant at the southern side of the driveway onto S. Galena St.
will be removed.
8. Dedication of Tract 3 to the City: The applicant will dedicate Tract 33. a non-contiguous
and undeveiopable parcel zoning on S. Galena Street. triangular in shape and containing
approximately 3' square fees. to the city as part of the 5-ubdivision dedications.
9. Site Drainage and Conveyance of Off -Site Drainage: Due to the :arse area of
impermeabie surfaces in he proposed development. a omprehensive dr»naoe plan will be
required to accommodate The site -generated drainage -lows. The drainage plan wzil also need to
address the conveyance of :he off -site drainage flows :which may pass through he site from the
base of Aspen Mountain ski are: on the eastern side and southeast comer of the property. Along
the southeriv side of he prorern . the space between :lie ae'.=Conna multi -stork., ouilding and the
propose condominium buudin? Will be particaiariy suscerribie to ice and snow build-up.
Convevina drainage lows from his side of he protierry. partic,lariv it attempting :o pass off site
Bows trough this corridor and .around 'he entrance to he underground garage will require
thorough plannina to orevent an=iended water intrusion and possibie ice build-up.
10. Improvement Districts: The property owner is requested to agree to ;oin any mature
improvement districts formed icr he purpose of constricting public improvements which benefit
the property under an assessment formula The agreement would be executed and recorded
concurrent with recording the sui;division plat.
11. As-Duilts: Prior to C.O. issuance the building permit applicant will be required to
submit to the Aspens?itkin County Data Processing Dept. as-builts drawings for the project
showing the property lines, building footprint. easements, encroachments, entry points for utilities
entering the property boundaries and any other improvements.
3OF3
DRC'vM97.DOC
DRAFT
MEMORANDUM
TO: Mit t 1-taas, rZmmu niy Deveiepmem Dwartment
RRCM: Cindy Ceti , Housing CMCS
DATE: cemnaer 2 1S97
RE: TippierTownccrr*ss Residential GMCS Awlitatcn
?arcxr {C `in..'?37-182--033
6%SM The aedicam is --rcocsing z C: m isn an exiscrg cammerciai strucaire and .orstruc:
fiim tae_msncei'.cwnncrres arc `cur deed restricted afendacte housing units.
BACKQRGUND. 71 he 're°«Tarscet snits are --eira prcresed as free bedrooms. lires and ene-
hatf aatt'ts. 3GGrcodmamiv 1265 _cLare 'est. 7--is sc.:ates to 42 free -name. aea=ms. The
affvrnaole -!Cusma =T:CL:nem �s z =nsist --f :"e �11C+YIrC:
Ca ..rl 3eomc r
3i4e
fax Mcr±�r pet
_ 'oecrcc^z
320 sc. t
3745
1 becrccm
320 Sc. }.
Sr 5
3 2 beer=m
96C so.. t
S97,
z 2 yerrczm
960 Sc. -ft-
"The applicant :s ,rcucsinc c -n'cs ate Category 3 :ruts as 'Sower pftec" -nits. ire S971 ;s
midway between cawgcry = --ammum ard'he maxmum of Category 3.
The sizes of the units are a itde '.arrer "pan the rrvimurn net 'ivabte square totage sired in
the-AspervP1ddn County 1997 Affordable Housing Guidei'ines. A common zarking area within
the garage -Mil pivrde six designated car!cing scaLas tr the 'Mr affordable -ding units, and
two guest parking spaces. Tnis allows at !east one parking place per becrcam.
Acmrding to Housing Scar' ccric;, one of `lie pre?erencas tr unit types is Categories 1, 2 and
Foyer pry Cateccry 3 rerrtai units, therefore, the units being prcposed'Hcuid be a goad addition
to the housing inv jrt .
The aeeilcant's free mad(et =mr:crteYt =nsist3 -,f 14 bedrooms (4 3-bed,=m units) which, at 3
residents per a 3-bedrecm unit.. wcuid house 12 people. The affordabte housing component
would house a total of @ wnctyem (1.75 residents per each cne—:edreem unit and 2.25
residents per each two-bedrecm unit).
The applicant i$ Providing i-c:sirg fcr a total cf 8 employees, APict is acpro:amately 67%
ccrrparsd to to free r,.arket units. Accordirg `.c Seden 28-1C0.080, Growth manargerrmnf
scaring cdt�a: msidendal and fotulst acrrmmodafens, one of the criteria's is to revdaii7m
DEC M ' Sr 03 75pM �;SFN-OUSING : FC -
•
a sitie visit tly sbW ct ttte affardade housing units pear to Cartier of Oc�cancy; and
2 a deed reslnc tkm as recorded PRIOR to triliidhg penTat appravaL
AM Se �32: ZaCO•
TIM Crrr or A mf
TO: -Witchs aa, Com=m=ty .neveio=nent
FROM: Kevin D m zm ?Mrs s Degamuem
E: 7=riw rowahomw Ressidcanai GIdCS Ammon
DATA:. �5 Naver�.i-c: IQa?
I have .-rvicvmd this appEc dan and have the ollowing 'wmmc •s:
l , Me humce: of the ±c 30urh=S Ade of -$e =OMelr
legible an the mrvvi. it =-7sts emat ; f xMc mitigAdcn s neceMM the dosed
piandma x p alkxam an ac.,c.^-ytsr�ie n3mmhrx or new yes.
'. Me ?=e 3 .DC would iflx to = the dec.atmw piantings an die
side of the dmeiop==i waved auti= wway from the z 10 'ea min.
Please call with any' question.
no Sam c %L.- ZL , kmm cc-izu= 31&U-1M Perm 9m94 -!w au 9m.marr .
,46r_ Consolidated ar2liaiz WDIsfrzi7
566 North Mill street
Aspen. Colorado `31611
Tele. (970) 925-3601 FAX #(970) 925-2537
Sy Kelly - Chairman
Paul Smith - Treas.
Louis Popish - See.:
November 25. 1997
vfitch Haas
Community Development
130 S. Galena
:aspen. CO 31611
;g9
:044MUNT �V F✓"r. / %
-,-Cps
�IeAfT
Re: Tippier Town homes Residential GLvIQS
Dear Mitch:
Michael K61v
Franc Loushin
Bruce -'Vlatiheriy, 1Y1g:
The aspen Consolidated Sanitation District c turentiv has sufficient collection and treatment
cat)acity to serve this project. Se^ice a zontinzent upon comt)Hance with _he District's :ales.
re2uiations. and mecincarons whit are on hie at .he Distrct oiEce. There is a downstream
constraintjn Galena street that wjil be aiu^inated trough a system of prorated additional :ees.
The oians for the common 3e^.ice line to the development that is beina proposed will need to be
reviewed by our line superintendent arior to construction. The subgrade parkins area will be
required to have a District approved oil and sand separator installed. Since more that one luut will
be served by the common service line. a shared service line agreement will need to be completed
and aorroved by our Board. No clear water connections will be allowed to the public system. The
application states that surface run-off and subsurface water will be directed to a dry wet system
which helps address our clear water connection concern.
I would encourage the applicant's engineer to continue to work closely with our line
superintendent to determine the best method of connecting the project to the public system. Once
detailed plans are available, a tap permit can be completed at our office, which will estimate the
total connection charges for the project.
Please call if you have any questions.
Sincerely,
Bruce M.L atherly
District Manager
EPA Awards of Excellence
19-6. 1956 - 1990
Re_ onai and National
EX�rerf "D"
January 5, 1998
TO: Aspen Community Development Department
00 S. Galena Street
Aspen, CO 81611
Att: Mitch Haas, Planner
FROM: Tipple Inn Condominiums
505 E. Dean St.
Aspen, CO 81611
RE: Tipple Townhome Project
Dear glitch:
The Tipple Inn Board of Managers has met with Mr. Sirous Saghatolesami and have reviewed
the plans regarding the proposed demolition of the existing Tippler Bar and restaurant and
subsequent construction of the new Tippler Townhomes.
This letter is to express the Tipple Inn Board of Managers approval with the project in
concept. If the Association has any minor concerns regarding design, landscaping and parkin„
it will address these issues with the appropriate officials at the right time. Therefore, the
Tipple Inn Association has no further comments at this time in the review process.
Sincerely,
ASPEN SNOWMASS LODGL iG COMPANY, INC.
Douglas L. Nehasil
Vice President
Managing Agent for the Tipple Inn Condominium Association
cc: Sirous Saghatolesami
7417 South Galena Street Aspen. Coiordo 81611 970.923.2260 800.321.7023 Fax: 970.92=.2264
hitpvhv%v%v.aspenonline.com/aspenlodgingco E-mail: iodging@sn.net
4
January 20, 1998
TO: aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Att- Mitch Haas, Planner
FROM: Galena Place Condominiums
Alpenblick Condominium Townhomes
Fasching Haus East & West Condominiums
Fifth Avenue Condominiums
RE: Tipple Townhome Project
Dear Mitch:
As the Property Manager for the above mentioned Condominiums Associations, I have been
requested to send a letter to you concerning the proposed Tipple Townhome proiect.
This letter is to express each Association's approval with the project in concept. If any
Association has minor concerns regarding design, landscaping and -parking, it will address
these issues with the appropriate officials at the right time. Therefore, the above Associations
have no further comments at this time in the review process.
Sincerely,
ASPEN SNOWMASS LODGING COMPANY, INC. >
Douglas L. Nehasil
Vice President
Managing Agent for the above Associations
cc: Sirous Saghatolesami
• 747 South Galena Street Aspen. Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264
httv:.,hv%vw.aspenoniine.:orniaspenlodgingco E-mail: lodginc@csn.net :-1
• or �
of ll
January 9, 1998
Community Development
Building -Planning -Zoning
130 S. Galena
Aspen, CO 81611
Dear Planning Office,
RECEIVED
jaN ► J 1998
"'D r cN i *" i NIN
COMMUNITY CEVEI-CPMENT
The North of Nell Condominium Association has reviewed the
application submitted by Sirous Saghatoleslami regarding the
conversion of the Tippler Restaurant and Nightclub to townhomes.
Historically, the Tippler nightclub has created tremendous noise
impacts on the North of Nell operation. We strongly support the
plans submitted with the condition of maintaining the 28 foot
heiaht limitation.
Please call me with any questions you may have.
Sincerely,
Joe Raczak -
General Manager
55-7 E. Durant Avenue • Aspen. Colorado 81611 (970) 92--1510 • Fax (970) 925-1--0
Webb: http://wwNv.lfoa.com/northnell E-mail: northnel(a,rof.net
0
70�a
�J
•
GQp�1 MANA(*MCHT e*A v%vJ'S
SCORING F90CEOLIRE
t MA a_ S=-1 m GrowManagement Commission memDer snail assign a wnoie number score "not a fmcaonai
ew rmmber) to die project
�. L oilowing i1e nitiai siring, �mmi ci0n �e:IIbe25 �`1311 be I t0 c12SCt1SS :IIdlvldllal SCAIeS 3n
v 1� iC to offer ;usdfcznon for suca scares.
c. =oilowing se close Df Growtn Mariagement Commission discassions .-e,araing auriai scoring, a
FINAL final scoring -ound -will be ieid.. urMg -vmc::"' =.I Growth Management Commission Member snail again
SCL7P.j1j(� identify the m. er or points. 2--rressed as Whole .111meers. assignea :o the —iec G:vwm -Ianageme.^t
Commission members snail be :t—_ -o rvnse die number of ;;oints awarded to attroier between :fire �reiimilar
and rinai scoring rounds.
d biter to close of 7ze anal scoring -ound. a oroiert', ^.Mai ave nge score snail e caieaiaied by
:otaiin; he commissioners' !ndi,,zauai scores and sividinz flat :ctai ':)v a :umber tmai :o to :,umber
� 10a of commissioners rho oarricnatea .n me jai scoring -ounce : �.ai ave;-.Qe oroiect scoter snail c icma=
.or -acn )f me your ?rowTll management scorng c::tena f Se 'ens
and and a camuianve score sra.il e c:icwatea for-te c::ter_a as a wnoie_
The anal zveraQe .7=ulauve .cer :lc fated umaam :o his zrovisien snail scnsrinizv T.- fMai
score.
?-oier.s snail .x --anK.a :n order of :heir -Mai average Scores.
_. =se oroiert -anrnas =a any :-„ommena=cns :or-ne awara of outionai =lo=—_nIs snail
be =orwardea .o the � r Cjunc:i = 3oard of Coumy Commissioners.
�. .�c30ns-ezuuea :or =rrovai of ailorments. Since :he Growm -Aanaaement Quota System aaoiies
throu;nout the As Metro area. Yo ;mwtti management ailec cn snail be awarded iniess the C:tv Council
and Board of County Commissioners Doth ar-- ;=E the .—cOmmendancn of the Growth Management Commission.
The procedures governing challenges and a�eais are set out- n Se.^�ens 26.100.06CfD) and F).
�. Ny n' un scoring hreslolds uuired `or ailocanon. No growth :; anasement allocation snail be
awarded :o projecm that do not recczive a nnai average score of st '.east three . o= for =c:1 of he growth
management scoring criteria of Sectons 26.100.08C(C (1), 26.1C0.080(Ci('n, 26.100.080(C)(3) and
26.100.080(C)(4).
IP
RESOLUTION OF THE GROWTH -MANAGEMENT COMMISSION OF ASPEN/PITKIN
COUNTY COLORADO, FORWARDING THE 1996 METRO AREA RESIDENTIAL
GROWTH MANAGEMENT QUOTA SYSTEM SCORES TO THE
BOARD OF COUNTY COMMISSIONERS AND CITY COUNCIL
Resolution No. GMC-98- 0 1
P"I".061
1. On January 27, 1998, the Growth Management Commission (hereinafter Commission) held
a duly noticed public hearing at which time evidence and testimony was presented with respect to
Residential Growth Management applications.
2. The Commission reviewed the following application for the 1997 Metro Area Residential
GMQS competition:
• Tippler Townhomes - requesting approval for residential growth management
allocations for 4 free market units
3. The proposed Tippler Townhomes project is located at 535 Dean Street in the City of
Aspen, Colorado, and is legally described as `' A Parcel of Land Situated in Lots L, M and N, Block
97, Aspen Townsite. Lot 1, Tipple Woods Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of
Section 18, Township 10 S., R.84 W., of the 6th P.M., City of Aspen. County of Pitkin. State of
Colorado."
4. There are two (2) Metro Area residential allotments available each year; however,
unallocated allotments from previous years have resulted in eleven (11) available allotments
through the 1997 Residential GMQS process. Tippler Townhomes have requested four (4)
allotments for 1997. There was no competition for the available allotments.
5. The Commission gave the Tippler Townhomes application a score of 14.9 points. This
exceeds the minimum threshold score of 12 points. Similarly, the Commission's average score on
each of the four scoring categories exceeded the minimum threshold score of three (3). The
specific scores were as follows:
• Revitalizing the permanent community received an average score of 3.6 points;
• Providing transportation alternatives received an average score of 3.9 points;
• Promoting environmentally sustainable development received an average score of 3.6
points; and,
• Maintaining design quality, historic compatibility and community character received
an average score of 3.8 points.
NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards
the 1997 Metro Area Residential GMQS scores to the Board of County Commissioners and City
Council.
Resolution No. GMC-98-01
Page 3
APPROVED ANI D ADOPTED ON THE 3O day off 1998.
ATTEST:
ackie LoAian,
Assistant City Clerk
APPROVED AS TO FORM:
' C--a I - V
David Hoefer
Assistant City Attorney
GROWTH MANAGEMENT COMMISSION
OF ASPEN/PITIQN COUNTY, COLORADO
ara Garton, Chairperson
go q�
Date
APPROVED AS TO CONTENT:
S4nJM6on
Community Development Director
KOTIL,�
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PROJECT: Tippler Townhomes
COMMISSIONER: 1�- Av ►n 6y-Trtc
Criteria
1. Revitalizing the permanent community
INITIAL SCORE: q
FINAL SCORE: 4 ff
2. Providing transportation alternatives
INITIAL SCORE: S
FINAL SCORE: 15- 04�-
3. Promoting environmentally sustainable development
INITIAL SCORE: 4
FINAL SCORE: A 1;1
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE: It
FINAL SCORE:
INITIAL TOTAL: I
FINAL TOTAL: I
0 * (40'e�-
PROJECT: Tippler Townhomes
COMMISSIONER:S4.42-A 6-,A
1. Revitalizing the permanent community
INITIAL SCORE:
FINAL SCORE:
2. Providing transportation alternatives
INITIAL SCORE: °L
FINAL SCORE:
3. Promoting environmentally sustainable development
INITIAL SCORE:_
FINAL SCORE:
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE:
FINAL SCORE:
INITIAL TOTAL: /
FINAL TOTAL: 4�7=
METRO AREA GMOS SCORE SHEET
PROJECT: Tippler Townhomes
COMMISSIONER:
1. Revitalizing the permanent community
INITIAL SCORE:y
FINAL SCORE: 2
2. Providing transportation alternatives
INITIAL SCORE: 2
FINAL SCORE:
3. Promoting environmentally sustainable development
INITIAL SCORE: 3
FINAL SCORE: �-
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE: 3
FINAL SCORE:
INITIAL TOTAL: l
FINAL TOTAL: 10
PROJECT: Tippler Townhomes
COMMISSIONER:
Criteria:
1. Revitalizing the permanent community
INITIAL SCORE:
FINAL SCORE:
2. Providing transportation alternatives
INITIAL SCORE:
FINAL SCORE:
3. Promoting environmentally sustainable development
INITIAL SCORE: -1
FINAL SCORE: -�
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE: 2
FINAL SCORE: 7�
INITIAL TOTAL:
FINAL TOTAL: j `'J
PROJECT: Tippler Townhomes
COMMISSIONER:
Criteria:
1. Revitalizing the permanent community
INITIAL SCORE: �
FINAL SCORE:
2. Providing transportation alternatives
INITIAL SCORE:
FINAL SCORE:
3. Promoting environmentally sustainable development
INITIAL SCORE:
FINAL SCORE:
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE:_
FINAL SCORE:_
INITIAL TOTAL:
FINAL TOTAL: �—
•
is
PROJECT: Tippler Townh� omen
COMMISSIONER: I- 7_--j I i � E 7 /j&4. ,
1. Revitalizing the permanent community
INITIAL SCORE: z
FINAL SCORE:_
2. Providing transportation alternatives
INITIAL SCORE:_
FINAL SCORE:_
3. Promoting environmentally sustainable development
INITIAL SCORE:
FINAL SCORE:_
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE: 4_
FINAL SCORE:
INITIAL TOTAL:_
FINAL TOTAL:_
PROJECT: Tippler Townhomes
COMMISSIONER:
1. Revitalizing the permanent community
INITIAL SCORE:
FINAL SCORE: 5
2. Providing transportation alternatives
INITIAL SCORE:
FINAL SCORE:_
3. Promoting environmentally sustainable development
INITIAL SCORE: 3
FINAL SCORE:
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE: -�
FINAL SCORE:
INITIAL TOTAL: 1 2
FINAL TOTAL: l Z—
•
is
PROJECT: Tippler Townhomes
COMMISSIONER: PATTl C LAPPEits,
1. Revitalizing the permanent community
INITIAL SCORE:
FINAL SCORE:
2. Providing transportation alternatives
INITIAL SCORE:
FINAL SCORE:
3. Promoting environmentally sustainable development
INITIAL SCORE: _
FINAL SCORE:
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE:_
FINAL SCORE:
INITIAL TOTAL: 14
FINAL TOTAL:
PROJECT: Tippler Townhomes
COMMISSIONER: KARCtLIA, VA(LEr�
1. Revitalizing the permanent community
INITIAL SCORE: 3
FINAL SCORE: 3
2. Providing transportation alternatives
INITIAL SCORE: 4—
FINAL SCORE: 4
3. Promoting environmentally sustainable development
INITIAL SCORE: 3
FINAL SCORE: 3
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE: 3
FINAL SCORE: -3
INITIAL TOTAL: 13
FINAL TOTAL: `3
•
E
PROJECT: Tippler lownhomes
COMMISSIONER: jA,5Vn / A ) F IZ2ZL -:
1. Revitalizing the permanent community
INITIAL SCORE:
FINAL SCORE: _
2. Providing transportation alternatives
INITIAL SCORE: 4-
FINAL SCORE:_
3. Promoting environmentally sustainable development
INITIAL SCORE: Jr
FINAL SCORE:_
4. Maintaining design quality, historic compatibility and community character
INITIAL SCORE
FINAL SCORE:
INITIAL TOTAL: 17
FINAL TOTAL:
MEMORANDUM
TO: The Metro Area Growth Management Commission /
THRU: Stan Clauson, Aspen Community Development Directolr 1
Julie Ann Woods, Aspen Community Development Depu Director
FROM: Mitch Haas, Planner
RE: The Tippler Townhomes Residential GMQS Application. Parcel ID 2737-
182-96-033
DATE: January 20, 1998
SUMMARY: The applicant is requesting four (4) metro area residential GMQS allotments to
develop four free market dwelling units as well as four deed restricted units in place of the Tippler
Night Club. Associated reviews which will be separately considered by the Planning & Zoning
Commission and the City Council include GMQS Exemptions for four affordable housing units,
Subdivision and Special Review. Staffs recommended scoring of the project is attached as Exhibit
A, and the application packet is attached as Exhibit C.
No other applications were received for metro area residential GMQS allotments.
APPLICANT: Kettle Corporation care of Sirous Saghatoleslami, represented by Vann Associates.
LOCATION: 535 Dean Street; Lots L, M and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods
Subdivision and Lot 2, Gannon's Entry in the NW 1/4 of Section 18, T.10 S., R.84 W., of the 6th
P.M., City of Aspen, County of Pitkin, State of Colorado. Currently the site of The Tippler Lunch,
Apres Ski and Dancing night club located on the south side of Dean Street between South Galena
Street and the base of the Aspen Mountain Ski Area.
ZONING: L/TR, Lodge/Tourist Residential
LOT SIZE: 17,890 square feet.
BACKGROUND: The property consists of three separately described tracts of land (see
improvement survey and pages 3-5 in written application, Exhibit Q. The property currently
contains a one-story brick and wood commercial structure with a full basement, an adjacent outdoor
patio, and a paved parking area. The existing structure contains approximately fourteen thousand
square feet, inclusive of the basement, and is located predominantly on Tract 1. The existing
structure's surface parking area is located entirely on Tract 2, and Tract 3 contains a portion of
Galena Street and the adjacent public sidewalk. The ground floor of the existing structure is
occupied by the Tippler nightclub and bar. The Italian Caviar restaurant occupies the structure's
basement.
Existing land uses within the immediate vicinity include the North of Nell Condominiums, which
are located across from Tract 1 on the north side of Dean Street; the Tipple Lodge, which is located
immediately south of Tract 2; the Tipple Inn Condominiums, which are located immediately west
of Tract 1; and, the Galena Place Townhomes, which are located southwest of Tract 2. The Aspen
Skiing Company's Little Nell ski run, the Silver Queeen Gondola and the Little Nell ski lift abut the
eastern boundary of Tracts 1 and 2.
REFERRAL COMMENTS: Comments from the Parks, Housing, Engineering, and
Environmental Heath Departments, as well as the Aspen Consolidated Sanitation District are
attached as Exhibit B. These comments have been included in staffs responses to the GMQS
scoring criteria, where applicable. Comments were also received from the Tipple Inn
Condominium Association and the North of Nell, copies of which are attached as Exhibit D.
STAFF RECOMMENDATION: Staff has awarded the project a total score of 14, which meets
the requirement that an application must receive a score of at least three points for each of the four
growth management scoring criteria in order to receive development allotments. Staff recommends
that the Growth Management Commission accept staffs scoring of the project. Granting of the
allotment will be contingent upon approval of the associated reviews by the City Planning &
Zoning Commission and the City Council.
RECOMMENDED MOTION: "I move to forward the scores for the 1997 Metro Residential
GMQS competition to the City Council and the Board of County Commissioners."
Exhibits:
A - Staffs recommended scoring
B - Referral Comments
C - Application Packet
D - Letters from Tipple Inn Condominium Association and North of Nell
E - Excerpt from Land Use Code (Section 26.100.060), GMQS Scoring Procedures
Scoring: Points shall be awarded for performance relative to each of the four scoring criteria.
Possible scores for each criterion shall range from zero, the lowest possible score, to five, the
highest possible score. It is recognized that small projects could be at a competitive disadvantage
when scored against large-scale projects. It is intended, therefore, that projects be evaluated
according to reasonable expectations regarding what could be expected given their size and scale.
A score of zero shall be awarded to projects that, although they had the opportunity to comply
with scoring criteria and had the ability to advance stated community goals, will actually
contribute nothing to implementation of the articulated vision and may, in fact, move the
community further away from its stated goals. A score of three indicates that a project will move
the community closer toward attainment of its stated visions and make a positive contribution
toward the implementation of articulated goals. A score of five indicates that a project
demonstrates exceptional sensitivity to the stated visions of the community and will result in
significant movement toward implementation of those goals. Other scores along the continuum
from zero to five will be awarded based on the degree to which projects will implement stated
goals. No growth management allocation shall be awarded to projects that do not receive a final
average score of at least three points for each of the growth management scoring criteria of
Pitkin County Land Use. Code Sections 3-160.50-C 1, 3-160.50-C.2, 3-160.50-C.3 and 3-160.50-
C.4, or of the City of Aspen Municipal Code Sections 26.100.080(C)(1), 26.100.080(C)(2),
26.100.080(C)(3), and 26.100.080(C)(4).
1. Revitalizing the permanent community: Residents of the Aspen area have long recognized
the need to preserve the community's character and identity as more than just a resort, a
collection of second homes and a tourist shopping mecca. They recognize that a "critical
mass" of permanent residents and local serving -businesses is necessary to make any
community function. They recognize, too, that the vitality brought to the Aspen area by full-
time residents is being seriously diluted by the inability of working people to live in their
own community.
As a result of these concerns, one of the community's central goals is to create a community
with a size, density and diversity that encourages interaction, involvement and vitality and
one that provides opportunities for its workers to become a permanent part of the social
fabric.
There are a variety of ways in which a project might address the goal of revitalizing the
permanent community, including, but not limited to the following:
a. providing high -quality, on -site, affordable housing for permanent residents;
b. providing site appropriate mixing of free market and affordable housing for efficient
provision of services such as transit and discourages site planning that isolates
affordable and free market units;
c. providing a housing package consistent with the Housing Authority Guidelines with
an emphasis on family -oriented housing where and when appropriate;
d. creating affordable dwelling units through buy -downs or conversion of existing free
market units; and
e. providing "locally serving commercial space/businesses."
STAFF COMMENTS: The Aspen Area Community plan defines "critical mass" as 60% of the
workforce. Accordingly, past projects have been required to mitigate for new employee
generation by providing deed restricted housing at a rate of 60%. The applicant's proposal
includes the provision of four (4) high -quality, above -grade, on -site affordable housing units
which would be. rented to qualified residents pursuant to APCHA's (Aspen/Pitkin County
Housing Authority's) affordable guidelines. The project's two 1-bedroom units would be deed
restricted to APCHA's Category 2 income and occupancy guidelines. The two 2-bedroom units
would be deed restricted as "lower -priced" Category 3 units. The proposed unit configurations
and rental categories are consistent with the APCHA's preferred unit types as expressed in its
1997 Affordable Housing Guidelines.
In the referral memo provided by the Housing Office (Exhibit B), the following statements are
made:
• According to Housing Board policy, one of the preferences for unit types is Categories 1, 2,
and lower priced Category 3 rental units; therefore, the units being proposed would be a
good addition to the housing inventory.
• The applicant's free market component consists of 12 bedrooms (4 three -bedroom units)
which, at 3 residents per 3-bedroom unit, would house 12 people. The affordable housing
component would house a total of 8 employees (1.75 residents per each one -bedroom unit,
and 2.25 residents per each two -bedroom unit). The applicant is providing housing for a total
of 8 employees, which is approximately 67% compared to the free market units. The
applicant is fulfilling the criteria dealing with "revitalization of the permanent community"
by providing high -quality, on -site affordable housing for permanent residents, specifically
rentals in the Category 2 and 3 range. The Housing Office recommends the maximum points
be given in this specific area. .
The proposed affordable housing units would exceed APCHA's minimum net livable square
footage requirements. The 1-bedroom units would each contain approximately 620 square feet
of net livable area (20 square feet more than the minimum) while the 2-bedroom units would
each contain approximately 960 square feet (60 square feet more than the minimum). These units
would be fully integrated with the free market units, as they would be located on the same site
and within the same multi -family structure. In addition, each affordable unit would have its own
associated off-street parking space located within the project's sub -grade parking garage, as well
as washers and dryers in each unit, abundant windows, a bicycle storage area in the garage and
covered access.
The proposed development is also consistent with several of the policies stated in the AACP's
Housing Action Plan. The Action Plan encourages infill development within the existing urban
2
area in an effort to preserve rural open spaces and to allow more employees to live close to where
they work. The policies also promote small scale residential housing projects which fit within
the character of the community and are interspersed with free market housing throughout the
Aspen area. In addition, the Action Plan recommends that permanent resident housing be located
near existing activity centers. The proposal calls for infill development which is conveniently
located with respect to the commercial core. The proposal calls for interspersed affordable
housing units and free market units.
Given the foregoing and the Housing Office's recommendation, Community Development staff
recommends a score of four (4) for "revitalizing the permanent community."
PLANNING STAFF RECOMMENDED SCORE: 4
2. Providing transportation alternatives: Residents recognize that reducing dependency on
the automobile is vital for the long-term livability and health of the Aspen area. Their plan is
so bold as to envision a time in the not -too -distant future when the automobile is not the
dominant means of moving people in and around the community. They are seeking a
balanced, integrated transportation system for residents, visitors and commuters that reduces
traffic congestion and air pollution. There are a variety of ways in which a project might
address the goal of providing transportation alternatives, including, but not limited to the
following:
a. reducing the need for private vehicles as a form of transportation;
b. facilitating and encouraging year-round pedestrian transportation;
c. helping to implement a valley -wide mass transit system;
d. providing needed improvements to the existing RFTA system;
e. increasing the number of available transportation choices;
f. creating a less congested downtown core;
g. helping to implement the transportation planning policies of the AACP and the Aspen
to Snowmass transportation plan;
h. altering land use patterns to accommodate and contribute to a more efficient and
effective transit system;
i. creating, improving or expanding public commuter trails, walkways or bikeway
facilities that are consistent with the goals of the AACP and associated plans, such as
the pedestrian/bikeway plan;
j. locating developments near transit facilities;
k. providing on -going transportation to and from the airport, ski areas and shopping
areas;
1. providing on -going employee transportation services such as van pools or buses at no
cost to employees;
m. providing bicycle parking, showers and lockers for employees; and
n. providing secure bicycle storage for guests and employees.
K
STAFF COMMENTS: The location of the proposed development virtually guarantees the
satisfaction of this criterion. The main objective of the criterion is to reduce the community's
day-to-day dependency on the automobile. The project represents an infill site within easy
walking distance of the downtown core and only one block from the Ruby Park bus station (also
the site of the potential future light rail station). The site's proximity to downtown will enable its
residents to easily walk, bicycle or take the bus to work, to shop, or to recreate. This ability is
expected to have the potential to reduce both vehicular congestion and air pollution in the
downtown. The proposal promotes the use of bicycles for transportation by including an area for
bicycle storage in the sub -grade parking garage. In addition, the closure of the restaurant and bar
would significantly reduce, if not eliminate, the impact of delivery vehicle and trash hauling
traffic on Dean Street, thereby significantly enhancing the safety and experience of the pedestrian
link between the former Ritz Carlton and the Grand Aspen Hotels and the Aspen Mountain ski
area's base facilities/gondola plaza.
The referral memo from the Environmental Health Department (attached as Exhibit B) states that
the change in use from the Tippler nightclub and Italian Caviar restaurant will result in
significantly fewer trips per day than occur presently (using ITE trip generation rates). The
Environmental Health memo goes on to state that the location of the units so close to shopping
makes it more likely that the residents will walk, bike or use the bus than if the project were
located farther from the commercial core; therefore, the application will not have a significant
adverse air quality impact.
In summary, the project's walkable proximity to the downtown and to the Ruby Park bus station,
combined with the provision of facilities to promote the use of bicycles, will serve well to reduce
the residents' dependency on the automobile, thereby reducing traffic congestion and air
pollution in the commercial core. Also, the project (change in use) is anticipated to reduce the
number of vehicle trips generated per day to and from the site, as compared with current levels.
For these reasons, staff feels that the project will move the community closer to its stated goals
with respect to providing transportation alternatives. Staff believes that the project is doing more
than making a modest contribution given the scale of the development and, thus, is
recommending a score of 4.
PLANNING STAFF RECOMMENDED SCORE: 4
3. Promoting environmentally sustainable development: Residents of the Aspen area
recognize that the natural environment is one of the community's greatest assets. As a result,
they wish to allow only that development that is environmentally sensitive and that promotes
individually responsible, ecological lifestyles. The community seeks to foster a high level of
consciousness relative to resource conservation, wildlife protection and environmental
sustainability.
2
There are a variety of ways in which a project might address the goal of promoting
environmentally sustainable development, including, but not limited to the following:
a. orienting building sites, streets and other project features in order to maximize
potential for use of solar energy and other renewable energy resources;
b. protecting and preserving existing trees and other mature vegetation during and after
the construction process;
c. using fewer or cleaner wood -burning devices than allowed by law;
d. removing or replacing existing dirty wood -burning devices;
e. increasing community access to natural and open space areas;
f. promoting community recycling efforts;
g. landscaping with low -water -use plant materials and using chemical -free landscape
maintenance techniques;
h. employing measures that reduce PM 10 levels in the non -attainment area;
i. preserving and efficiently using environmental resources during all phases of
development, including types of materials used and future energy and material needs
of the project;
j. completely avoiding "1041" hazard areas and ridgeline development;
k. enhancing existing wildlife habitat;
1. completely avoiding 8040 Greenline issues; and
m. completely avoiding Stream Margin Review issues.
STAFF COMMENTS: As the site is presently developed, there is very little existing vegetation
and no significant environmental features to be preserved. The property is not affected by any
natural hazards. The applicant plans on removing a few small trees, the majority of which fall
outside the City's tree removal permit requirements. The applicant has also stated (p. 27 of
application, Exhibit C) that those trees to be removed which will require a tree removal permit
will be relocated elsewhere on the property or replaced with new trees. The referral memo from
the Parks Department states that it appears as though, if tree mitigation is found to be necessary,
the proposed landscape plan/planting scheme allocates an acceptable number of new trees.
The submitted landscape plan indicates a fairly extensive amount of plantings in the new
courtyard and in the other undeveloped portions of the site; these planting will help to reduce the
visual impact of the development. With the redevelopment of the site no existing open space
would be lost; rather, the redevelopment would result in substantially more open space on the
site than currently exists. Similarly, by removing the restaurant and bar uses, the new
development would result in lower levels of solid waste generation, the elimination of existing
emissions from the restaurant's kitchen, and a decrease in PM10 levels in the non -attainment
area (downtown) due to the anticipated reduction in vehicular traffic (see Exhibit B,
Environmental Health referral memo).
Also, while the project layout/building orientation is somewhat forced by neighboring
development and existing access requirements, the majority of the units will still maintain
passive solar gain. The applicant has committed to installing low -flow, water saving plumbing
fixtures in both the free market and affordable units. While the development would be allowed
5
to have two wood burning devices, none are being proposed. The trash collection area on/for the
site will also contain facilities for recycling.
Staff has decided upon a score of 3 for this criterion based on a feeling that the application will
move the community closer toward attainment of its stated visions and make a positive
contribution toward the implementation of articulated goals.
PLANNING STAFF RECOMMENDED SCORE: 3
4. Maintaining design quality, historic compatibility and community character: Residents
recognize the importance of design within the community's historic setting. It is a vital
component of the community's economic well-being and cultural heritage. They believe that
public architecture should support and enhance community life. Their goal is to ensure
maintenance of community character through design quality and compatibility with historic
features.
There are a variety of ways in which a project might address the goal of maintaining design
quality, historic compatibility and community character, including, but not limited to the
following:
a. restoring structures listed in the inventory of historic structures;
b. improving and maintaining the appearance and function of alleys for commercial,
office and residential uses;
c. ensuring design compatibility with existing buildings in the vicinity of the proposed
project, in terms of scale, massing, building materials, fenestration, other architectural
features and open space;
d. including porches or other "pedestrian -friendly" features;
e. retaining and promoting eclectic and varietal businesses along main street that
maintain and enhance the special character. of the historic district;
f. ensuring the site's useability for social activities.
STAFF COMMENTS: The proposed design for the multi -family building manages to
represent the eclectic nature of Aspen's architecture in a single structure. For instance, while the
eight units would be in a single structure, the architecture will have the effect of making each
unit separately distinct. This has been accomplished by giving each of the units its own identity
through the use of varying exterior materials, building and roof forms, and heights. This design
approach will be successful in allowing the project to fit within the context of the wide range of
architectural styles that are present in the surrounding neighborhood and the community at large.
Also, the project has been designed to achieve compatibility in scale, massing and building
materials with the neighboring structures. The use of building materials such as wood siding,
heavy timbers and metal roofing is largely consistent with the materials used historically (as well
as in contemporary structures) throughout Aspen.
It may very well be said that the single greatest attribute of the proposed design lies more in that
which will be removed than in that which will be built. That is, the existing structure on the site
6
has outlived both its aesthetic and functional value. Thus, as this criterion calls for "maintenance
of community character through design quality," the removal of the existing structure alone will
help to promote this goal. The fact that an architecturally interesting building would be
developed in its place is merely a "bonus." In addition and besides the architectural design
quality, the redevelopment would serve to "spruce up" the entire site by placing a pedestrian
courtyard with planting along the Galena Street and Dean Street sides of the site. The
appearance of Dean Street (used as an alley) would be greatly enhanced by the removal of the
trash receptacles, mechanical equipment and blank fences.
Thus, while the proposed architecture will result in an visually interesting structure that some are
sure to enjoy while others may not, staff believes that virtually all will agree that the "design
quality, historic compatibility and community character" will have been enhanced with the
redevelopment. Consequently, staff has decided to recommend a score of 3 for this criterion
based on a feeling that the application will move the community closer toward attainment of its
stated visions and make a positive contribution toward the implementation of articulated goals.
PLANNING STAFF RECOMMENDED SCORE: 3
TOTAL RECOMMENDED SCORE: 14
MEMORANDUM
To: Mitch Haas, Communitv Development Department
From: Lee Cassin, Environmental Health Department ICY C
Date: December 26,1997
Re: Tippler Townhomes subdivision, Special Review, GMQS Exemption, Vested Rights
Parcel ID # 2737-182-96-033
The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code of the City of Aspen, and has the following comments.
SEWAGE TREATNIENI' AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of
any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device."
The plants to provide wastewater disposal for this project through the central collection lines of the
Aspen consolidated Sanitation District (ACSD) meet the requirements of this department. The
ability of the Aspen Consolidated Sanitation District to handle the increased flow for the project
will be determined by the ACSD. The applicant must provide documentation that the applicant
and the service agency are mutually bound to the proposal and that the service agency is capable
of serving the development.
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or
the like within the city iiauts which use water shall be connected to the municipal water utility system."
The provision of potable water from the City of Aspen system is consistent with Environmental
Health policies ensuring the supply of safe water. The City of Aspen Water Department will
determine if adequate water is available for the project. The City of Aspen water supply meets all
standards of the Colorado Department of Health for drinking water quality. A letter of agreement
to serve the project must be provided.
WATER QUAL= IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply
from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen
and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which
municipal water supplies are diverted."
A drainage plan to mitigate the water quality impacts from covered and paved areas will be
evaluated by the City Engineer. If the plan is approved, this application is not expected to impact
down stream water quality.
1
AIRQUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum
practical degree of arr purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air
pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met"
as well as to "provide clean air by protecting the natural air sheds and reducing pollutants".
The major air quality impact is the emissions resulting from the traffic generated by this
project. PM-10 (83°0 of which comes from traffic driving on paved roads) is a significant
health concern in Aspen. The traffic generated will also produce carbon monoxide and
other emissions that are health concerns. The municipal code requires developments to
achieve the maximum practical degree of air purity by using all available practical methods
to reduce pollution.
This project will result in 4 free market units and 4 affordable housing units. Its present
uses include the Tippler nightclub and a restaurant. The change in use will result in
significantly fewer trips per day than occur presently (using standard ITE trip generation
rates). In addition, the location of the units so close to shopping makes it more likely the
residents will walk or use the bus than if the project were located farther from the
commercial core. Therefore the application will not have a significant adverse air quality
impact. -
FIREPLACE / WOODSTOVE PERMITS The applicant must file a fireplace/ woodstove permit
with the Environmental Health Department before the building permit will be issued. In the Citv
of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each)
and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT
have wood burning fireplaces, nor may any heating device use coal as fuel.
FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to
fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance. This will be crucial at this
site to prevent complaints, since there are so many buildings and so much pedestrian traffic
adjacent to the site.
DEMOLITION Prior to demolition or remodeling, the applicant should have the building tested
for asbestos, and if any is present, should consult the Colorado Health Department regarding
proper removal. It is likely that this facility may contain asbestos, so the testing should be done
well enough ahead of time to allow abatement before the applicant wants to obtain a building
permit.
UNDERGROUND PARKING The applicant must consult with an engineering firm about the
design of the underground parking structure ventilation system to ensure that ventilation is
adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby
2
areas outside it. In order to determine whether the proposed design prevents excessive levels of
carbon monoxide from concentrating inside the structure and in nearby areas and buildings, the
applicant will need to submit the proposed ventilation system plans to the Colorado Department
of Health for their evaluation to meet the above criteria.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental
pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of
Aspen and it its visitors ...... Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and
manners and at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m. I
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels. Over the long run, this project is likely to significantly
reduce noise from this site, which has been a source of a number of noise complaints in the past.
3
• DRAFT •
MEMORANDUM
To: Mitch Haas, Project Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer
Date: November 28, 1997
Re: Tippler Townhomes Subdivision. Special Review. GMQS Exemption, and Vested Rights
Physical Address: 535 Dean Street. City of Aspen. CO
Legal Description: Three tracts of land lving in the NW 1/4, Section 18. T1OS. R84W, of the
6th P.M., City of Aspen, CO. consisting of Lots L. M. and N, Block 97.,
Aspen Original Townsite: Lot 1 of the Tipple `Foods Subdivision, and Lot 2
of the Gannon* s Entry, and more particularly described as follows:
Tract 1, consisting of Lots L through N. Block 97. Aspen Townsite and an
area defined by a metes & bounds description, and also including
four subterranean parcels, in all containing 0.211 Ac.;
Tract 2, consisting of an area defined by a metes and bounds description and
containing 0.198 Ac.; and
Tract 3, consisting of an area defined by a metes and bounds description and
containing 82 square feet. more or less, and all totaling 0.411 Ac,
more or less.
After reviewing the above referenced application and making a site visit, I am reporting the
combined comments made by the members of the DRC:
Discussion:
The applicant has addressed the major elements and requirements of subdivision development and
there are no apparent problems which would preclude the development although some
modifications to the site design may be necessary. The major areas of concern are the adequacy of
the vehicular access and parking arrangement in the underground parking garage and the discharge
of snow and storm drainage flows.
The applicant will be required to complete the standard requirements and conditions associated
with the several forms of development requested in the application.
1 OF 3
DRCM2397.DOC
DRAFT
Memo - Tippler Townhomes Sub3} .ion. Special Review. GMQS Exemption. and Vested Rig u
DRAFT
1. Parking: As a practical matter, the proposed above -ground and underground parking
arrangements need to be reviewed to verify that there is sufficient space to maneuver into the
parking spaces as they are shown on the development plans. The number and arrangement of
parking spaces in the common garage may need to be reduced or some of the spaces may need to be
designated as "compact" spaces in order to make parking spaces which may be entered and exited.
2. Utilities: As reported by the several utility providers, there is sufficient capacity in the
distribution and collection systems for the proposed development and no significant up -grades or
changes will be required in the several systems. The applicant also acknowledges that he expects to
encounter some unforeseen and sub -standard utility connections in the existing buildings. possibly
including shared services with the adjacent Tipple Inn and Tipple Inn Condominiums, and is
prepared to correct these conditions as they are encountered.
3. Driveway Access: Due to an existing access easement benefiting the adjacent property
and dating from the Tipple Woods Subdivision, circa 1959, the existing driveway width and
geometry will remain essentially unchanged. Sight distance onto S. Galena Street is adequate and
no obstructing landscaping nor improvements are proposed that would adversely reduce visibility
of the driveway and street.
4. Sanitary Sewer Service: This property will require multiple sanitary sewer services
(one for each unit). If a trench drain is located in the driveway to intercept storm drainage from
either entering the property from the street or to prevent drainage flows from entering the
subterranean garage, these flows must be directed into the drywell or stormwater drainage system
rather than the sanitary sewer system. Anv drains servicing the garage or other areas where the
drains may capture oil, grease and sand, will need to have oil & sand interceptors installed in -line
before the flows are discharged to either the sanitary sewer or the stormwater drainage system. -
5. Condominiumization: For purposes of operation, maintenance and administration,
each dwelling unit will need to have separate utility services, metering and isolation valves and
switches. The general common elements and limited common elements will be labeled,
dimensioned and identified on the condominium plat recorded after substantial completion of the
buildings and site.
6. Easements: The subdivision plat will include explanatory notes fully describing the
present status of the easements encumbering the property- including notes and recording references
of documents for easements which have been extinguished, abandoned or modified.
20F3
DRCM2397.DOC
DRAFT
Memo - Tippler Townhomes Sub0on. Special Review. GMQS Exemption, and Vested Rio
DRAFT
7. Sidewalk, Curb and Gutter Repair and Replacement: As necessary, the existing
sidewalks, curbs and gutters will be repaired or replaced by the completion of the project. Any
improvements or areas disturbed during construction will be restored to existing condition or better.
The light and sign post for the restaurant at the southern side of the driveway onto S. Galena St.
will be removed.
8. Dedication of Tract 3 to the City: The applicant will dedicate Tract 3, a non-contiguous
and undevelopable parcel fronting on S. Galena Street, triangular in shape and containing
approximately 82 square feet. to the city as part of the subdivision dedications.
9. Site Drainage and Conveyance of Off -Site Drainage: Due to the large area of
impermeable surfaces in the proposed development, a comprehensive drainage plan will be
required to accommodate the site -generated drainage flows. The drainage plan will also need to
address the conveyance of the off -site drainage flows which may pass through the site from the
base of Aspen Mountain ski area on the eastern side and southeast corner of the property. Along
the southerly side of the property. the space between the neighboring multi -story building and the
proposed condominium building will be particularly susceptible to ice and snow build-up.
Conveying drainage flows from this side of the property, particularly if attempting to pass off -site
flows through this corridor and around the entrance to the underground garage will require
thorough planning to prevent unintended water intrusion and possible ice build-up.
10. Improvement Districts: The property owner is requested to agree to join any future
improvement districts formed for the purpose of constructing public improvements which benefit
the property under an assessment formula. The agreement would be executed and recorded
concurrent with recording the subdivision plat.
11. As-Builts: Prior to C.O. issuance the building permit applicant will be required to
submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project
showing the property lines, building footprint, easements, encroachments, entry points for utilities
entering the property boundaries and any other improvements.
3OF3
DRCM2397.D0C
DRAFT
DEC 'ac '97 03:05-PM ASPEN r01jS--NG FC P. �
• •
MEMORANDUM
TO: Mitch Haas, Ccmmunity Deveicgment Department
FROM: Cindy Christensen, Housing Office
DATE: December 2. 1997
RE: Tippier Town homes Residential GMQS Application
Parcel ID No. 2737-182-96-033
S�SI�: The applicant is preocsing to demolisn an existing commercial structure and construct
four free-market townnomes and four deed restricted affordable housing units.
BACKGROUND: The free-market units are ceing proposed as three bedrooms. three and one-
half baths. approximateiy 2.265 square feet. This equates `.0 12 free market bedrooms. The
affordable housing component is to consist of ti'e following:
edrecrrs
Size
'Aax . nihiY Sent
2
1 bedrocm
320 so. 1.
$715
2
1 bedreorn
5c0 sa. t
S715
3
2 becircorn
960 sq. ;t.
$971"
3
2 becracm
960 sq. it.
$971*
"The applicant is proposing to price the Category 3 units as "lower priced" units. The $971 is
midway between Category 2 maximum and the maximum of Category 3.
The sizes of the units are a 'Ittle larger than the minimum net livable square footage required in
the Asp@mPftkfn County 1897 Affordable Rousing Guidelines. A common parking area within
the garage will provide six designated parking spaces for the four affordable housing units, and
two guest parking spaces. This allows at least one narking pace per bedroom.
According to Housing Scarc policy, one of the preferences for unit types is Categories 1, 2 and
lower priced Category 3 rental units, therefore, the units being proposed would be a good addition
to the housing inventory.
The applicant's free market component consists of 12 bedrooms (4 3-bedroom units) which, at 3
residents per a 3-bedroom unit. would house 12 people, The affordable housing component
would house a total of 8 3mployees (1.75 residents per each one -bedroom unit and 2.25
residents per each two -bedroom unit).
The applicant is providing housing fcr a total of 8 employees, which is approximately 67%
compared to the free market units. Accordirg to Section 26-100.080, Growth management
scoring criteria: residential and tourist acaemmodatfons, one of the criteria's is to revitalize
DEC 32 'Sr 03:05PM ASPL-A -40USING -,FC
the permanent community. The applicant is fulfilling this criteria by providing high -quality, on -site
affordaM housing for permanent residents, specifically rerrtals in the Category 2 and 3 range.
RECOMMENDATION; Tre Mousing Office recommends te maximum points be given in this
specific area. Staff would reamvnend the following conditions:
. a site visit by staff cf the affordable housing units prior to Certificate of Oc cuoarcy; and
2. a deed restncticn be recom ed PRIOR to building permit approval.
�-FR 30 �3 02: "'OC-V ? -
Memorandum
Txs CITY op A
TQ: witch Haas, Commwnty Development
FROM: Kevin Dunnm PMzK 3 Department
RE: Tippler Townhornes Residential GMQS Application
DATE:, 1-5 November 1997
I have reviewed his application and have the'oilowing comments:
1. The number of the .msting trees on the souTheast aide of the properly is
illegible on the survey. It wears that if tree mitigation is necessary, the-roposed
pianting scheme allocates an acceptable number of ww trees.
2. ine P3r:K'3 Department would like to see the deeiduous plantings on the eastern
side of the development ::loved further away from the building facade-(8 to Ib eet min.
preferred).
Please call with any' questions.
i34 Sxrrt G+tra�a sct l M'q, C0noum 91611-1M FMM 97C,920,NCO Pex 970.92CZ197
Pe—o aAmpd.ay.K-
�er_ Consol ciafed �JQ121fQfl��lsfrlcf
565 North dill Street
Aspen, Colorado 31611
Tele. 1970) 925-3601 F.3Y T(970) 925-2537
Sy Kelly Chairman
Paul Smith - Treas.
Louis Popish Secy.
November 25, 1997
Mitch Haas
Community Development
130 S. Galena
Aspen, CO 81611
Re: Tippler Town homes Residential GMQS
Dear Mitch:
Michael Kelly
Frank Loushin
Bruce Niatheriv, N4izr.
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's rules,
regulations, and specifications which are on file at the District office. There is a downstream
constraint in Galena street that will be eliminated through a system of prorated additional lees.
The plans for the common service line to the development that is being proposed will need to be
reviewed by our line superintendent prior to construction. The subgrade parking area will be
required to have a District approved oil and sand separator installed. Since more that one unit will
be served by the common service line, a shared service line agreement will need to be completed
and approved by our Board. No clear water connections will be allowed to the public system. The
application states that surface run-off and subsurface water will be directed to a dry well system
which helps address our clear water connection concern.
I would encourage the applicant's engineer to continue to work closely with our line
superintendent to determine the best method of connecting the project to the public system. Once
detailed plans are available, a tap permit can be completed at our office, which will estimate the
total connection charges for the project.
Please call if you have any questions.
Sincerely,
Bruce Matherly !
District Manager
EPA A%vards of Excellence
1976 - 1986 - 1990
Regional and National
0 1 EAoT "o P . I
/ � i�47i W20
January 5, 1998
TO: Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Att: Mitch Haas, Planner
FROM: Tipple Inn Condominiums
505 E. Dean St.
Aspen, CO 81611
RE: Tipple Townhome Project
Dear Mitch:
The Tipple Inn Board of Managers has met with Mr. Sirous Saghatolesami and have reviewed
the plans regarding the proposed demolition of the existing Tippler Bar and restaurant and
subsequent construction of the new Tippler Townhomes.
This letter is to express the Tipple Inn Board of Managers approval with the project in
concept. If the Association has any minor concerns regarding design, landscaping and parking,
it will address these issues with the appropriate officials at the right time. Therefore, the
Tipple Inn Association has no further comments at this time in the review process.
Sincerely,
ASPEN SNOWMASS LODGING COMPANY, INC.
Do,,� -v<i✓dvAQ
Douglas L. Nehasil
Vice President
Managing Agent for the Tipple Inn Condominium Association
cc: Sirous Saghatolesami
747 South Galena Street Aspen, Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264
http:/hvww.aspenonline.com/aspenlodgingco E-mail: lodging@csn.net
6VOWA MANg4EMFa+1'CAgKSwrJ'S
SCORWG F90CEPLIRE
E�18iT''� "
26.100.060
19rTiA L a. Each Growth Management Commission member shall assign a whole number score (not a fractional
-5Wr-' WInumber) to the project.
9�10� b. Following the initial scoring, commission members shall be free to discuss individual scores and
to offer justification for such scores.
c. Following the close of Growth Management Commission discussions regarding initial scoring, a
��r1Al. final scoring round will be held, during which each Growth '_Management Commission member shall again
identify the number of points, expressed as whole numbers, assigned to the project_ Growth Management
Commission members shall be free to revise the number of points awarded to a project between the preliminary
and anal scoring rounds.
d. After the close of the final scoring round, aproject' s anal average score shall be calculated by (1)
totaling the commissioners' individual scores and (2) dividing hat total by a number equal to the number
-TAWLATto�1 of commissioners who participated in the final scoring round. Final average project scores shall be calculated
for each of he four growth management scaring cntena of Sections 26.100.080(C;(1), 26.100.080(Q(^_).
26. 100.080(C)(3) and 26. i00.080(C)(4), and a cumulative score shall be calculated for the criteria as a whose.
The anal average cumulative score calculated pursuant to this provision shall constitute the proiecrs final
score.
e. Projects shall be raniced in order of their final average scores.
f. The project rankings and any recommendations for the award of optional maximum ailotments shall
be forwarded to the City Council and Board of County Commissioners.
4. .fictions required for approval of allotments. Since the Growth Management Quota System appiies
throughout the .aspen Metro area, no growth management allocation shail be awarded unless the City Council
and Board of County Commissioners both accept the recommendation of the Growth Management Commission.
The procedures governing challenges and appeals are set out in Sections 26. i00.060(D) and (E).
Minimum scoring thresholds required for allocation. -No growth management allocation shall be
awarded to projects that do not receive a final average score of at least three points for each of the growth
management scoring criteria of Sections 26.100.080(C)(1), 26.100.080(C)(2), 26.100.080(C)(3) and
26.100.080(C)(4).
C7
•
Vann Associates
Mr. Sunny Vann
230 East Hopkins Avenue
Aspen, CO 81611
RE: The Tippler Townhomes - Review Process
Dear Sunny,
ASPEN • PnydN
COMMUNm DEvEwPMENT DEPARTMENT
November 19, 1997
As per our discussion this morning, I would like to confirm the sequencing of the review
process to which your application for the Tippler Townhomes will be subjected. The
application will require review of Residential GMQS Allotments (4), as well as GMQS
Exemptions, Subdivision, Special Review, and Vested Property Rights. In all, these
reviews require going before the Growth Management Commission (joint City and
County Planning and Zoning Commission), the Board of County Commissioners, the
Aspen Planning and Zoning Commission, and the City Council.
The following represents the sequence in which these reviews will proceed:
to.p 1: Review by the Growth Management Commission (GMC) for Scoring and
Recommendation to City Council on GMQS Exemption. The review by the
GMC requires following the procedures for a public hearing (publication,
posting and mailing).
to : Review by the Board of County Commissioners for acceptance of the
GMC's scoring. The review by the BoCC requires following the procedures
for a public meeting (publication only). Note Step 2 and Step 3 can be
reversed if scheduled meeting dates are more efficient.
to Review by the Aspen Planning and Zoning Commission .(P&Z) for
Subdivision Recommendation to City Council and Special Review Decision.
The Subdivision review by P&Z requires following the procedures for a
public hearing (publication. posting 'and mailing) while the Special Review
is a public meeting (requiring publication only). Note Step 2 and Step 3 can
be reversed if scheduled meeting dates are more efficient.
Step 4: Review by City Council for acceptance of the GMC's scoring, and decisions
on the GMQS Exemption, 'Subdivision, and Vested Property Rights. The
acceptance of the GMC's scoring requires just one reading and adoption of a
Resolution by Council; the Council acceptance of scoring requires
130 SouTH GALENA STREET - AsPEN, COLORADo 81611-1975 - PHONE 970.920.5090 • FAx 970.920.5439
Printed on Recycled Paper
•
•
r following the procedures for a public meeting (publication only). The
decisions on the GMQS Exemption, the Subdivision, and the Vested
Property Rights Status require two readings and adoption of an Ordinance
by following the procedures for a public hearing at second reading
(publication, posting and mailing). At second reading, there will be time
allotted for public comment. The scoring acceptance by Council can be held
on the same date as the first reading for the Exemption, Subdivision and
Vested Rights, or it can be decided separately from but on the same date as
the second readings.
If you should have any questions or I can be of further assistance in any other way, please
do not hesitate to contact me at 920-5095.
Truly, .
Mitch Haas
Aspen Planner
c:\homeUn itchUetterslti pplpm. dpc
•
•
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611-1975
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
O ...........
City Engineer
O ...........
Zoning Officer
O ...........
Housing Director
O ...........
Parks Department
O ...........
Aspen Fire Marshal
O ...........
City Water
O ...........
Aspen Consolidated Sanitation District
O ...........
Building Department
O ...........
Environmental Health
O ...........
Electric Department
O ...........
City Attorney
O ...........
Streets Department
FROM: Mitch Haas, Planner
RE: Tippler Townhomes Residential GMQS Application --- includes
requests for Residential Growth Management allocations, Subdivision,
GMQS Exemption, Special Review and Vested Rights
Parcel I.D. No. 2737-182-96-033
DATE: November 6, 1997
REFERRALSCHEDULE
DRC MEETING DATE: November 19,1997
ENGINEERING REFERRAL DUE TO PLANNER: November 28, 1997
OTHER REFERRALS DUE TO ENGINEER & PLANNER: November 26, 1997
Attached for your review and comments is an application submitted by Sunny Vann.
Please complete and return your referral comments according to the deadlines provided
above.
Thank 0
u,,
•
•
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPT.
130 S. Galena St. Aspen, CO 81611-1975 (970) 920-5090
AGENCY REFERRAL FORM
The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your
comments are an important part of the evaluation process. In order to review all appropriate agency comments
and incorporate them into the staff evaluation, your written comments are due back to this office on
APPLICANTS PLEASE NOTEH
Applicants or their representatives are
encouraged to attend the DRC meeting to
discuss the project. The DRC Meeting has
been scheduled for Wednesday,
NOVEMBER 19th at 10:30 am in the Sister
Cities Room of City Hall.
Planner: Mitch Haas Phone No. 920-5095 Fax No. (970)920-5439
Applicant: Mr. Sunny Vann Phone No. 925-6958 Fax No.
Representative: same Phone No. Fax No
Location of Property: 533 Dean St., The Tippler (S. side of Dean St. between S. Galena and Aspen Mt.)
Summary of Request: 4 Residential GMQS Allotments, Subdivision, GMQS Exemption & Special Review
Residential Units: 8 SF: 0 MF: 4 Affordable: 4 ADU: 0
Acreage/Square Feet: 17,970 FAR Ratio Allowed: 14,960 FAR Proposed: 14,960 s.f.
Zoning: Existing: L/TR Proposed: L/TR
REQUESTS TO BE PROCESSED
Amendments
GROWTH MANAGEMENT Q.S.
Site Plan Review
Text
... A7JDhf . .. ;.. ..
.... .. ...
per- :.R..ev[ew.. ;.:;':' .
Map
is.... ."...:.::.;Otlr Sf fit orii< .. >::>::>:» '» > >>
.........I .............. . .
Special. Planned Area (SPA)
Administrative Review
04 T 3 13;713ommercial
Insubstantial
Historic Reviews
Lot Line j`us men
Appeals
Exemptions
LOT SPLIT
Change in Use
Minor
Condominiumization
Conditional Use
Conceptual
Timeshare
ADU
Final
Final Plat
Other
Landmark
Temporary Use
Environ. Sensitive Area
Landmark Lot Split
Variance
Demolition/Relocation
8040 Greenline Review
Significant w/SPA or PUD
Exemption
Ord. 30 Residential Review
View Plane Review
Planned Unit Development
Exemption
Conceptual
Hallam Lake Bluff
Final
Exemption
SPECIAL ISSUES:
Agency
*Issues: This application will be part of the residential GMQS Competition: its for the redevelopment of The Tippler.
I've given you an extra week to read the application so that everyone should be familiar with it at the DRC meeting_
• •
PUBLIC NOTICE
RE: TIPPLER TOWNHOMES RESIDENTIAL GMQS SCORING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 20, 1998 at
a meeting to begin at 4:30 p.m. before the Growth Management Commission, Sister Cities Meeting
Room, City Hall, 130 S. Galena St., Aspen, to score the 1997 metro area residential GMQS
applications. The following application was received for the competition:
1. TIPPLER TOWNHOMES: Kettle Corporation, c/o Sirous Saghatoleslami, P.O. Box 8030,
Aspen, CO 81612 is requesting four (4) allotments to permit the construction of four free
market townhomes in place of the Tippler Lunch Apres Ski & Dancing establishment in Aspen.
Associated approvals are requested for Subdivision, GMQS Exemption for four (4) on -site deed
restricted affordable housing units, and Special Review to establish the off-street parking
requirements. The property is located at 535 Dean Street, and is described as Lots L, M, and N,
Block 97, Aspen Townsite, Lot 1 Tipple Woods Subdivision and Lot 2, Gannon's Entry in the
NW 1/4 of Section 18, T. 10 S, R.84 W, of the 6th P.M., City of Aspen, County of Pitkin, State
of Colorado.
For further information, contact Mitch Haas at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5095.
s/Sara Garton, Chair
Growth Management Commission
Published in the Aspen Times on December 20, 1997
City of Aspen Account
XT • III UV�1�`"11"1 •1111 •1 1 •��
Chairman Sara Garton called the meeting to order at 4:40 p.m. with Steve
Buettow, Steve Whipple, Tim Mooney, Peter Martin, Roger Hunt, Jasmine
Tygre, Patty Clapper, David Guthrie, Marcella Larsen present.
Hunt moved to adopt the minutes of the Growth Management Commission dated
August 26; December 16 and November 13, 1997 changing page 4 of the
November minutes from "instance" to "instant"; seconded by Tygre. All in
favor, motion carried.
Garton brought up a resolution from the Aspen P & Z to the County
Commissioners asking that North Forty be remanded back to the P & Z because
the project has changed so much and the P & Z should review the allocations for
that project.
Garton opened the continued public hearing. David Hoefer, assistant city
attorney, reminded the Commission that notice was done correctly.
Mitch Haas, community development department, presented the Commission
members with a packet of procedures of the meeting, the scoring criteria and
what scores mean what, scoring sheets, and a letter from some adjacent
condominium owners. Haas reminded the Commission the focus of this meeting
is the scoring.
Haas said this request is for 4 free market residential units. If the Commission
gives this project a passing score, this score has to be approved by Council and
the County Commissioners. After that, the project will move forward with land
use reviews in the city.
Haas presented a site map showing the existing site with the building, the
Tippler, being proposed for redevelopment. Haas showed the surrounding
buildings, the gondola plaza, ice rink, Rubey park, and Aspen mountain.
1
• i U New
Haas showed the Commission a reference, the Neighborhood character design
guidelines for core neighborhoods in the city, prepared July 1994. This is
described as the base of Aspen Mountain neighborhood. Haas quoted from the
report on the existing characteristics of the area. There are 5 advisory design
guidelines for the neighborhood; (1) set taller buildings against mountains to
reduce their perceived scale; (2) variety of building forms is appropriate in this
area; (3) buildings should appear grounded, not significantly above or below
street level; (4) development inviting to pedestrians is encouraged; and (5)
parking areas should be screened to the street.
Haas told the Commission the proposal is for 4 free market and 4 deed restricted
category units all in one building. The free market townhouses sit in the middle
with the deed restricted units on the ends. There is a pedestrian courtyard
between these units and the rest of the site. The parking would be under the
southernmost units. There is an extensive landscaping plan. There is an
easement for access to the Tipple.Lodge. There are 4 surface parking spaces.
Haas noted the first criteria is revitalizing the permanent community, which
promotes permanent housing, downtown vitality and diversity within
development and a sense of community. The second criteria is providing
transportation alternatives, which seeks to reduce dependency on automobiles.
The third criteria is promoting environmentally sustainable development. The
fourth criteria is to maintain design quality, historic compatibility and community
character.
Haas told the commission that on criteria #1 the plan provides 4 high quality
above grade housing units for rental. The proposal is for 2 one -bedroom,
category 2 and 2 two -bedroom, category 3 units. The housing office states the
affordable housing component is 67 percent. The AACP refers to 60 percent as a
critical mass. The housing office recommends maximum points for this section.
These units will be fully integrated with the free market units. The proposal is
consistent with several elements of the AACP housing action element. Staff
recommends a score of 4 for revitalizing the permanent community.
Providing transportation alternatives seeks to reduce dependence on the
automobile; the site guarantees satisfaction of this criteria. The project proposes
bicycle facilities in the garage. The environmental health department states the
change in use from a restaurant/night club will result in fewer trips per day. This
4
4
application will not have an adverse air quality impact. Staff recommends a
score of 4.
The third criteria - environmentally sustainable development - the site has little
vegetation and no significant environmental features or natural hazards. The
parks department states it appears if tree mitigation is found to be necessary, the
proposed planting scheme allocates more than enough trees. The redevelopment
will result in more open space on site than is currently available. The
development will result in lower levels of solid waste generations, emissions from
restaurant use, decrease in PM 10 levels. The applicant has committed to water
saving fixtures in all the units. Staff recommends a score of 3 on this criteria.
Haas said the proposed design manages to represent the eclectic nature of
Aspen's architecture. Haas noted the architecture makes each unit in this single
building look distinct. The building has been designed to achieve compatibility
and scale with neighboring structures. Haas said the proposal will spruce up the
area. Staff recommends a score of 3 on this criteria.
Sunny Vann, representing the applicants, told the commission the owners want to
redevelop the property with a more compatible use of the neighborhood. Vann
said the night club use of the tippler has caused problems and has had an adverse
affect on the surrounding neighbors. Vann noted that commercial use of the
property is not allowed. The site is too small to build a lodge on. This parcel
was not identified in the AACP as a potential housing site. The 4 free market
units are proposed to be 4 three-story townhouses. The units will be about 2800
square feet. There will be 4 affordable housing units and they will be in category
2 and lower price category 3. All these units exceed the minimum size standard.
All units are above grade.
Vann said this development meets all of the dimensional requirements of the LTR
zone. The density is not maximized on this site and the total floor area is within
that allowed for the LTR zone. This project is 30 percent open space; LTR zone
requires 25 percent open space. The parking exceeds the minimum requirement;
all spaces are located below grade with access to the units. There are also 4
spaces at grade.
Bill Poss, architect, went over the site plan and the design and how it fits within
the neighborhood. Poss said they have met the design guidelines with the parking
3
6
10.
below grade, it is in the urban downtown area with pedestrian experience. There
are a lot of small elements to add human scale to the architecture. Vann pointed
out the access to the property is across the Tipple Inn property and through an
easement. The access easement is subtracted from the lot area to calculate
allowable floor area. This easement reduced the size of the units and the scale of
the project. Vann said they designed the units as far to the east on site as
possible to preserve the view line and exposure for the existing units. This will
be a multi -story structure replacing a one-story structure.
Mooney said it seems as if two more affordable units could be added to the top of
the building instead of high roofs. Vann said there is sufficient land to
accommodate the density but not to accommodate the floor area. Vann noted that
area is the closest to the North of Nell and to the adjacent property and adding
another floor would destroy all the view from the Tipple Inn and would impact
North of Nell. Martin asked what it takes to get a "5" in transportation. Haas
said it is difficult in a project of this scale. Larger projects might be able to
institute a van or transportation demand management system.
Garton opened the public hearing.
Gary Jacobs, Tipple unit #12, told the Commission the Tipple is the oldest
condominium on Aspen mountain and was the oldest ore bin on Aspen mountain.
Jacobs said there is too much density at the base of Aspen mountain. Jacobs said
affordable housing should not be located at the base of Aspen mountain. Jacobs
said the city should slow down and consider the history and heritage of this
community. Jacobs said the Tipple Inn should be historically designated. Jacobs
said the city should buy this parcel and make a park to emphasize the historic
mining elements of Aspen. Jacobs said he feels this development will create
more vehicles rather than less. Jacobs said the base of Aspen mountain should be
more open. Jacobs said there should be an environmental study because this is an
old mining area. Jacobs said the overhang on this building is 7 feet from his
window.
Phyllis Bronson, Tipple Inn # 10, told the Commission this is their full time
residence. Bronson said they are not sure how this will affect their day to day
lives; how their backyard and open space will be impacted. Bronson said they
would like to have story poles put up so they can see the impact of the building.
The roof of the Italian Caviar is their backyard.
►I
•
Garton said this is a meeting of the growth management commission. The
community plan states only a certain number of units may be built every year.
The Commission needs to decide whether to award residential allocations to
project. If this project scores high enough to go, the P & Z will address more
specific land use and construction issues.
Joe Raczak, North of Nell, told the Commission the Tippler has affected his
business and guests with noise and disturbances. The North of Nell is in favor of
this project as long as height limitations are met.
Dan Patterson, representing his parents as owners of the Tipple Inn, said the
views from 3 units will be greatly affected by this project. The affordable
housing will be within 5 feet of the Tipple Inn units. Bambi Patterson asked how
high the buildings will be. Poss said there are 3 criteria they have to meet for
height in the code and all the buildings meets those criteria.
Doug Nehasil, property manager Tipple Inn, told the commission the larger
building of the Tipple Inn is not opposed to the project; however, the smaller
Tipple Inn is. Nehasil showed the Commission units 1 through 9 face Aspen
mountain and do not have a site view problem. Nehasil pointed out the entrance
to the Tippler was changed from the north side to the south side and the noise for
the large Tipple Inn is horrendous. The owners of the Tipple Inn met with the
applicant and did not have problems with the proposal.
Garton closed the public hearing.
Haas said he has discussed the mining and historic aspects with the city's historic
preservation officer who feels the buildings of the Tipple Inn are representative
of the 1950's rather than they 1890's. These buildings are not designated as
historic sites and are not listed on any inventory of historic sites. Haas said if
sites are historically designated, their views are not protected and there are new
buildings built next to them. Haas reiterated the applicant is staying within the
height limitations of the code.
The Commission individually scored the project. Haas announced the scoring;
average for revitalizing the permanent community 3.6; transportation alternatives
3.9; promoting environmentally sustainable development 3.6; maintaining design
quality and historic compatibility and community character 3.8 for an overall
5
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average 14.9. This scores exceeds the threshold and is higher than the
recommended score.
David Hoefer, assistant city attorney, said if any Commission member wants to
question the scoring on any section or to make comments, they have the right to
do that.
Jacobs said he objects because this is too dense and the Commission is allocating
units to the wrong parcel. Jacobs said the Commission did not get a fair and
objective presentation.
Hoefer noted this application has complied with all the due process requirements.
Garton said everyone who wanted to speak was recognized. It is very clear what
the zoning at the base of Aspen mountain is.
The Commission scored the application again.
Hunt moved to adopt the final score and to allocate 4 residential units GMQS to
the Tippler; seconded by Martin. All in favor, motion carried.
Meeting adjourned at 6:35 p.m.
Transcribed by Kathryn Koch, City Clerk
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