HomeMy WebLinkAboutcoa.lu.pu.Ullr Lodge 520 W Main.A001-00,OIlr Lodge yDD, Special Review
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CASE NUMBER A001-00
PARCEL ID# 2735-124-43005
CASE NAME Ullr Lodge
PROJECT ADDRESS 520 W. Main St.
PLANNER Nick Lelack
CASE TYPE Rezoning, PUD, , Special Review, Subdivision
OWNER/APPLICANT Carbondale Affordable Housing Corporation
REPRESENTATIVE Building Solutions, LLC C/o Katie Updike
DATE OF FINAL ACTION 3/27/00
CITY COUNCIL ACTION Approved Ord 3-2000
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED 8/1/00
BY J. Lindt
op p
Nor
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970)920-5090
City of Aspen
Land Use:
1041 Deposit
1042 Flat Fee
1043 HPC
1046 Zoning and Sign
Referral Fees:
1163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071 Board of Appeals
1072 Building Permit
1073 Electrical Permit
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit
1078 Reinspection
Other Fees:
1006 Copy
1302 GIS Maps
1481 Housing Cash in Lieu
1383 Open Space Cash in Lie
1383 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right-of-way
1164 School District Land Ded.
TOTAL
NAME:
ADDRESS/ PROJECT:
PHONE.
CHECK#
CASE/PERMIT#: # OF COPIES:___-,
DATE: INITIAL:
TOWNSHIP 10 SOUTH, RANGE 85 WIEST 6th FM
CERTIFICATION
CIERTIFTY 70; ULLN LODGE INC., A COLORADO CORPORATION
CARBONDALE AFFORABLE HOUSING CORPORATION
PITKIN COUNTY TITLE, INC.
1. DAVID W. McU IDE. A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED
DUR INS AUGUST, 1999 ON THE GROUND OF THE PROPERTY
LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENC
SHOWN AS FOUND HERE -ON. AND THAT THERE ARE NO DEISCREPANCIES.
CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS, ENCROACHMENTS.
OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD
EVIDENCE ON KNOWN to ME. EXCEPT At HEREON SHOWN. UNDERGROUND UTILITIES
WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED
TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS
"T STAMPED BY D1 BEAL OF THE SURVEYOR.
8 1 NED TH I S VC 3AY OF
DAVID W. McBRIOE RLS 16129
0 '
�A , �'
A=0111I)INS TO COLORAW I" YIN *AT COMINIMM ANY LIOX ACTIM
WAD 1611PON AM DVECI IN TMIS " WITHIN THREE WARS Nnn YW
FIRST 00CM
OUCH OMTT- IN NO EVENT, MAY ANY ACTION IIIAM
ANV OMtI 10 THI'll FLAT K 0111111IMMIM MOE TWA TM yEms
TW "ft or TW CWIfICATION OHM HEIM.
i
SCALE
4CH - 10 FEET
to is 20
40" 0
�7-GEND & NOTES
iEY MONUMENT REBAR WITH CAP AS NOTED
SURVEY CONTROL
'-K NAIL
)N PLAT WAS SOLE SOURCE OF RECORD INFORMATION
)RESS IS '520 WEST MAIN STREET*
�TY CORNER NO. 4 REBAR RED CAP "16129"
x
JNTY TITLE, INC. TITLE COMMITMENT PCT-141306C2
13/1999 WAS USED IN THE PREPARATION OF THIS
IMPROVEMENT SURVEY
UL LIR LODGE
LOTS K L M, N and the
WEST 1�2 6F LOT 0 BLOCK 30,
CITY & TOWNSITE O� ASPEN,
PITKIN COUNTY, COLORADO
AREA - 13,500 SOARE FEET
PREPARED BY
ASPEN SURVEY ENGINEERS. INC.
210 S. GALENA STREET
ASPEN, COLO. 81611
PHONIE/FAX (9701 925-3818
job Re. 10200 AUGUST 241 IM
MINOR DEVELOPMENT REVIEW
BY
ASPEN HISTORIC
PRESERVATION COMMISSION
For
ULLR LODGE
EMPLOYER SPONSORED AFFORDABLE HOUSING
Prepared by:
Katherine L. Updike
Managing Partner
Building Solutions, LLC
On behalf of
CARBONDALE AFFORDABLE HOUSING CORPORATION
A COMMUNITYDEVELOPMENT CORPORATION SERVING THE ROARING FORK VALLEY
January 2000
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CARBON DALE AF FORDABLE H 0 U S I N G C 0 R P 0 R A T 1 0 N
a community development corporation serving the roaring fork valley
January 25, 2000
Ms. Amy Guthrie
Aspen Historic Preservation Commission
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Dear Ms. Guthrie:
Enclosed please find the Application for the Ullr Lodge conversion to employer sponsored employee
housing. We have included all of the requested information from the HPC Minor Development Review
Application Package, however, please let us know if there is any additional information that is needed.
This application is being submitted by:
Carbondale Affordable Housing Corporation
PO Box 2001
Carbondale, CO 81623
Our representative for this application is:
Katie Updike
Building Solutions LLC
8300 County Road #3
Marble, CO 81623
(970) 963-9511 phone
(970) 963-9170 facsimile
kupdikeC&rof.net email
Thank you very much for the opportunity to help create another vehicle for affordable housing in Aspen
through the sponsorship of area employers who have a parallel interest in the welfare of their employees.
With regards,
Kay Ph ip
Chairman
Carbondale Affordable Housing Corporation
atie U �dike-
Managing Partner
Building Solutions LLC
P.O. Box 200 1, Carbondale, CO 81623
1
Table of Contents
1. Introduction
II. Land Use Application
Ill. Pre -Application Conference Summary
IV. HPC Development Review Standards and Applicant Responses
V. Attachments
I . Responses to Minimum Submission Requirements
Photographs
Title Report
Vicinity Map
Scale Drawing
Site Plan
Site Improvement Survey
2. Elevations
3. Dimensional Requirements Form
Ullr Lodge Minor HPC Review
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January 25, 2000
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1 1. INTRODUCTION/OVERVIIEW
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Carbondale Affordable Housing Corporation ("CAHC"), a community housing development
organization approved by the Colorado Division of Housing, has contracted to buy the UlIr Lodge,
located at 520 West Main Street, from the current owner. CAHC requests approval from the City of
Aspen to convert the lodge to employer owned and operated affordable housing under a Minor
Planned Unit Development. This program has been initiated by the Aspen Pitkin County Housing
Authority as a possible private sector model for addressing affordable housing needs.
It has been determined that the alterations will comply with guidelines appropriate for a Minor
Development under guidelines of the Historic Preservation Commission. The actual building envelope
will not be altered. The exterior of the Lodge and the Floor Area will be modified only slightly. The
modifications are the result of interior changes, i.e., the addition of a handicapped accessible unit, the
removal of the pool, and a net increase of three units due to conversion of a large bi-level 'owners'
apartment into four units, which will necessitate the addition of exterior stairs. The architectural
character of the building will remain the same. Exterior alterations will be similar in character to
existing features. The interior space will be upgraded for life safety code variances and certain units
will be modified in order to more appropriately house permanent residents (e.g., consolidation of
laundry facilities, conversion of office area to common space, upgrades to housekeeping units).
The housing to be created has been sponsored in part by the Aspen Pitkin County Housing Authority
(APCHA) through its advance of early predevelopment capital and through a loan for the earnest
money. Sponsoring employers have now reserved units and the loan for the earnest money has been
repaid. The sponsors hope that the Ullr will serve as a model for ftiture support of cooperatively
sponsored affordable housing by the employer community, furthering the goals of the City and County
of housing more of its workforce.
The Applicant thanks the HPC, APCHA, the employers, the planning staff, and others who are helping
create a new model for housing in Aspen. Material requested by Staff is included in this application.
Please let us know if additional information is required.
IL111r Lodge Minor HPC Review 2 3anuary 25, 2000
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11. LAND USE APPLICATION
P1Dn_YF.VT-
Name: Ullr Lodae PUD
Location: 520 West Main Street, Lots K, L. M, and the west one-half of Lot 0, Block 30, City
and Townsite of AWen
Zoning: Office/Historic Preservation Overlay
A PVT 1hr A 1VTe
Name: Carbondale Affordable Housing Corporation
Address: PO Box 200 1, Carbondale, CO 81623
Phone #: 963-0380
1D1WV1DrQFNTATYV1F.-
Name: Building Solutions, LLC c/o Katie Updike
Address: 8300 County Road #3, Marble, CO 81623
Phone #: 963-9511
TV'P1W nF APPLICATION-
GMQS EXEMPTION
FINAL PUD
SUBDIVISION OR SUBDIVISION EXEMPTION (includes condominiumization)
FINAL HISTORIC DISTRICT DEVT.
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
The Ultr Lodge is currently a 27-unit 14,730 square foot enclosed building that is being used partially
as permanent housing and partially as a lodge. There are no known previous gppLcLyals.
PROPOSAIL: (description of proposed building, uses, modification, etc.)
To convert the building to 30 employer sponsored affordable housing units with approximately the
same FAR as the existing building.
FEES DUE: $2825
Have you attached the following?
[Z Pre -Application Conference Summary (Section 111)
• Attachment # 1, Responses to Minimum Submission Requirements(Section V)
• Attachment #3, Dimensional Requirements Form (Attachment 3)
El Attachment #2, Elevations (Attachment 2)
0 Response to Attachment #5, HPC Development Review Standards and Applicant Responses
(Section IV)
IL111r Lodge Minor HPC Review 3 January 25, 2000
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1 111. PRE -APPLICATION CONFERENCE SUMMARY
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IUllr Lodge Minor HPC Review 4 January 25, 2000
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY*
PLANNER: Nick Lelack, 920-5095 DATE: 1 2/8/99
PROJECT: UlIr Lodge Affordable Housing PUD
REPRESENTATIVES: Katherine Updike, Building Solutions, on behalf of the Carbondale
Affordable Housing Corporation
Richard de Campo, Bill Poss and Associates, Architecture & Planning
OWNER: Ullr Lodge
TYPE OF APPLICATION: Ullr Lodge Rezoning to Planned Unit Development (PUD) Overlay, PUD
Review, Special Review for Parking, Subdivision for RMF (Residential
Multi -Family), Historic Preservation Review, Growth M�nagement Quota
System for Affordable Housing
DESCRIPTION: The Lodge currently has twenty-seven (27) units on a 13,439 square foot lot.
The applicant is requesting to rezone the property to PUD Overlay to
establish a PUD to convert existing lodge unit to employer sponsored
affordable housing units. The proposal viould require Historic Preservation.
review either by Historic Preservation Officer or by the Historic
Preservation Commission.
Land Use Code Section(s) to Address in Application:
Section 26.304.030, Application and Fees;
Section 26.310.020, Amendment to the Land Use Code Regulations and Official Zone District Map,
Standards of Review;
Section 26.410.040, Residential Design Standards;
Chapter 26.415, Development in an "H" Historic Overlay District;
Section 26.430, Review Standards for Special Review;
Chapter 26.445, Planned Unit Development (PUD);
Section 26.470.110, Growth Management Quota System (GMQS) Exemption, Affordable Housing;
Section 26.480.050, Subdivision Review Standards;
Section 26.610.04, Park Development Impact Fees;
Section 26.630.040(C)(6), School Land Dedication Standards; and
Section 26.710.180, Office (0) Zone District;
Review by: Planning and Zoning Commission, City Council, and Historic Preservation
Officer or Commission
Public Hearing: Yes at Planning and Zoning Commission and at City Council, and possibly at
Historic Preservation Commission.
Referral Agencies (fees): Engineering ($160), Historic Preservation Officer, Zoning Officer, Housing
($160), Parks, Fire Marshall, Water, ACSD, Streets, Electric and Environmental
Health ($160).
Planning Deposit: $2,220 (12 hours; additional hours are billed at a rate of $195 per hour)
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Historic Preservation Flat Fee: $125 for Minor Development; $312 for Significant Development
Total Deposit: $2,825 if Historic Preservation Minor Development; $3,012 if Historic Preservation
Significant Development
SUMMARY:
The purpose of this project is to convert lodge units to affordable housing units, and to expand the
number of units on the property from 27 to 30. Specifically, the new affordable housing units will be
employer sponsored units, meaning that local employers will purchase the units and rent them to their
employees.
The proposal requires the creation of a Planned Unit Development to provide the applicant with
flexibility to establish dimensional requirements, increase Floor Area, and more. It also requires review
by the Historic Preservation Commission whether it is a minor development or significant development
because the property is located in the City's Historic Overlay District. In addition, spdcial review will
be necessary to consider the parking issues related to this proposed development. The Special Review
will be combined with the PUD review. The project is exempt from growth management scoring and
competition because it is 100% affordable housing.
Theforegoing summary is advisory only and is not binding on the City. The opinions contained herein
are based on current zoning and regulations, which are subject to change in thefuture, and aponfactual
representations that may or may not be accurate. The summary does not, in any way, create a legal or
vested right.
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IV. BPC DEVELOPMENT REVIEW STANDARDS AND APPLICANT RESPONSES
1. The proposed development is compatible in general design, massing and volume, scale, and
site plan with designated historic structures located on the parcel and with development on
adjacent parcels when the subject site is in an "11", Historic Overlay District, or is adjacent to a
Historic Landmark.
APPLICANT'S RESPONSE: There are no changes proposed to the over-all exterior dimensions of
the building. The changes to the exterior which fall within the purview of the Historic Preservation
Commission follow:
Conversion of Owner's 3 Bedroom Unit to 4 smaller units:
Minimal opening/access through Main Street Screen wall in order to provide no -step access to
handicapped -accessible unit where sidewalk grade matches patio.
2. New and/or shifted windows done within the context of the existing windows.
3. Add two exterior stairs (one in courtyard and one on 5h street side) in order to provide access
to upper level of converted unit.
Modification of Lodge to meet code requirements for residential use:
4. Abandon pool and demolish pool room 'add -on' structure.
5. Open new lower level unit to sunken patio in the former pool area.
6. Enlarge/add light wells to NE lower level unit in order to meet egress and light requirements.
Other minor exterior modifications:
7. Some new landscaping at courtyard and "healthy pruning and cleaning of existing landscape.
8. New color scheme (e.g., window and door trim color) and new sign/name.
Although the actual building envelope will not be altered, the floor area ratio will change slightly as a
result of the reconfiguration of the light wells. Currently it is estimated that the FAR will actually
decrease 20 square feet. The increase in FAR resulting from increasing light well areas to conform to
residential requirements is offset by the removal of the above -grade pool building which is about 200
square feet.
2. The proposed development reflects and is consistent with the character of the neighborhood
of the parcel proposed for development.
APPLICANT'S RESPONSE: The building form and massing is consistent with the area at two
stories and has excellent solar access with most units facing the southern courtyard. The lodge has
increasingly been used for housing employees in recent years. This PUD formalizes a transition that
has been taking place in order to fill the severe shortage of housing in Aspen. The PUD is fully
consistent with the community character of the City of Aspen and will help in creating a largely
private alternative solution, through the sponsorship of local employers, to the public subsidy of
affordable housing.
3. The proposed development enhances or does not detract from the historic significance of
designated historic structures located on the parcel proposed for development or adjacent
parcels.
APPLICANT'S RESPONSE: All of the primary architectural features of the exterior of the building
are being maintained. Specifically the archway entrance, the "Bavarian" character of the woodwork,
the street presence of the building.
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IUlIr Lodge Minor HPC Review 5 January 25, 2000
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4. The proposed development enhances or does not diminish or detract from the architectural
character and integrity of a designated historic structure or part thereof.
APPLICANT'S RESPONSE: All of the primary architectural features of the exterior of the building
are being maintained. Specifically the archway entrance, the "Bavarian" character of the woodwork,
the street presence of the building. The pool is being removed because of the lack of use of this
facility and its operating costs. The intent is to make the remaining open space more usable as a
common amenity for the building residents.
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IUllr Lodge Minor HPC Review 6 3anuary 25, 2000
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V. ATTACHMENTS
IUlIr Lodge Minor HPC Review 7 January 25, 2000
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IATTACHMENT 1
IRESPONSES TO MINIMUM SUBMISSION REQUIREMENTS
1. Contained within a letter signed by the applicant, the applicantL-F Cover letter.
name, address and telephone number, and the name, address, and
telephone number of any representative authorized to act on
behalf of the applicant.
2. The street address, legal description, and parcel identification Application form - Section 11
number of the property proposed for development.
3. A disclosure of ownership of the parcel proposed for Title report in this section.
development, consisting of a current certificate from a Title
insurance company or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all
mortgages, judgements, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's
right to apply for the Development Application.
4. An 8" 1/2 by I I" vicinity map locating the subject parcel within Vicinity map in this Section.
the City of Aspen.
5. A site plan depicting the proposed layout and the projectF Site Plan in this Section.
physical relationship to the land and its surroundings.
6. A site improvement survey certified by a registered land Site Improvement Survey - submitted
surveyor, licensed in the State of Colorado, showing the current under separate cover.
status of the parcel including the current topography and
vegetation. (This requirement, or any part thereof, may be
waived by the Community Development Director if the project is
determined not to warrant a survey document.)
7. A written description of the proposal and a written explanation of Section I - Introduction
how the proposed development complies with the review
standards relevant to the development application.
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IUlIr Lodge Minor HPC Review 8 lanuary 25, 2000
ULLR LODGE -MAIN STREET VIEW
(MSTING TO REMAIN AS IS)
a W
-look.-
T�7
5TH STREET ELEVATION
(EMSTLNG CONDMONS)
v-
F-
EAST COURTYARD ELEVATION
Commitment for Title Insurance
FdeU& National Me Insurance Company
A Sock Coinp"y
1 11
COMMITMENT FOR TITLE INSURANCE
FIDELITYNATIONAL TITLE INSURANCE COMPANY, a Corpora . tion, herein called the Company, for valuable
consideration, hereby commits to issue its policy orpolicies of title insurance, as identifiedin ScheduleA, in favor
of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest coveredherebyin
the land described or referred to in Schedule A, upon payment of the premiums and charg�s therefore; all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is prelimi nary to the issuance of such policy or policies of title insurance andall liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to Cecbme valid
when countersigned by an authorized officer or agent of the Company, all in accordance with its By -taws. This
Commitment is effective as of the date shown in Schedule A as "Effective DatL-."
Pitkin C.—ty'riti., I—.
601 E. Tiopkin. A,
3.A Flo —
a I
970-925-1766 M.-
970-92546527 F
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Countersigned
Authorized $ignhture
. J I
FidelityNational Title Insuratme Cempmy
,,ILE BY
PO
SEAL
Ir
Prealdwa
TEST
AT
clf�
Secretary
FORM 27-83-66 (9/94)
ALTA COMMITMENT - 1966 Valid Only if Schedule A and B are Attached
The conditions of this commitment require that the premium and charges be paid prior to the issuance of I
until the charges have been remitted to the Issuing agent. he tide policy 4 Therefore, no paUcy(, wild be issued
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: 07/13/99 at 08:30 A.M.
Policy or Policies to be issued: Case No. PCT1430GC2.
(a) ALTA Owner's Policy -Form 1992 Amount$ 4,110,600.00
Premium$ 7,164.00
Proposed Insured: Rate:STANDRAD
CARBONDALE AFFORDABLE HOUSING CORPORATION
(b) ALTA Loan Policy -Form 1992 Amount$ 3,225,000.00
Premium$ 100.00
Proposed Insured: Rate:COMPANION
TO BE DETERMINED
Tax Certificate: $10.00
Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
ULLR LODGE INC., A COLORADO CORPORATION
The land referred to in this Commitment is situated in the County
of PITKIN State of COLORADO and is described as follows:
LOTS K, L, M, N AND THE WEST ONE-HALF OF LOT 0,
BLOCK 30,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC. Schedule A-PG.1�
601 E. HOPKINS This Commitment is invalid
ASPEN, CO, 81611 unless the Insuring
970-925-1766 Provisions and Schedules
970-92S-6527 FAX A and B are attached.,,
AUTHORIZED AGENT
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument (s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Release by the Public Trustee of the,
Deed of Trust from : ANTHONY J. PERCIVAL AND FREDERICA M. PERCIVAL
to the Public Trustee of the County of PITKIN
for the use of EARL C. SCHENNUM, JR.; CAROL M. SCHENNUM AND
DEBORAH j. SCHENNUM
original amount $740,000.00
dated March 1, 1978
recorded March 1, 1978 in Book 344 at Page 1"74
reception no. 202214
The Beneficial interest in the above Deed of Trust was assigned to The
Schennum's Company by instrument recorded March 14, 1978 in Book 344
at Page 738.
The Beneficial interest in the above Deed of Trust was assigned to
Earl C-Schennum, Jr., Carol M. Schennum and Deborah J. Fletcher by
instrument recorded February 17, 1983 in Book 440 at Page 688
An undivided 26.88-. interest in the above Deed of Trust was assigned
to Earl C. Schennum, Jr., Trustee by Deborah J. Fletcher by instrument
recorded February 17, 1983 in Book 440 at Page 689.
21 Release by the Public Trustee of the,
Deed of Trust from : ULLR LODGE INC., A COLORADO CORPORATION
to the Public Trustee of the County of PITKIN
for the use of FIRST NATIONAL BANK IN ASPEN
original amount $50,000.00
dated January 25, 1984
recorded March 28, 1984 in Book 463 at Page 673
reception no. 258332
Extension Agreement recorded in connection with the above Deed of
Trust on May 9, 1990 in Book 620 at Page 188.
3. Deed, executed by the President or Vice President or other designe4/'
authorized by the Board of Directors of ULLR LODGE, INC. a COLORAD6
Corporation
To : CARBONDALE AFFORDABLE HOUSING CORPORATION
NOTE: Corporate Seal or Facsimilie should be affixed.
Evidence satisfactory to the Company that CARBONDALE AFFORDABLE
THOUSEING CORPORATION is a duly existing and valid corporation
existing pursuant to the laws of the State of must
he delivered to and approved by the Company.
I(Continued)
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5. Deed of Trust from CARBONDALE AFFORDABLE HOUSING CORPORATION
to the Public Trustee of the County of PITKIN
for the use of THE LENDER TO BE INSURED HEREUNDER
to secure $3,225,000.00
6. Evidence satisfactory to the Company that the Real Estate Transfer.
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
7. Certificate of nonforeign status executed by the transferor(s) (This
instrument is not required to be recorded)
8. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Of f ice in t1-4e County in
which the property is situated)
Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
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SCHEDULE B SECTION 2
EXCEPTIONS
the policy or policies to be issued will contain exceptions to the.',
ollowing unless the same are disposed of to the satisfaction of the""
Company:
11. Rights or claims of parties in possession not shown by the public record
S-N
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.'.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
t Defects, liens, encumbrances, adverse claims or other matters, if any,
created, f irst appearing in the public records or attaching subso-cluent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
Ifor water or sewer service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 3S6 & 357 providing as follows:
"That no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held
under existing laws".
Mineral reservation as set forth in Deed recorded February 18, 1964
in Book 206 at Page 27. (Affects Lot N and the West one-half of Lot
0)
Terms, conditions, provisions and obligations as set forth in
Easement Agreement recorded December 11, 1986 in Book 524 at Page
842.
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ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or,townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A ,
satisfactory affidavit and agreement indemnifying the company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
mate-rj_ilm�- 14
en coverage.
I NOTE
I
I
If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the CdMpany
will be deemed to -have provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer, I '�y
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT14306C2
A and 2 are attached.
I
4
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EXISTING
ULLR
LODGE
VICINITY MAP
0 50 100 200 300
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DEPOSIT CERTIFICATE
OF THIS 0XIN"Y'S
'00"m THIS 11 1—, 114—ju looli— "N'S
LANS VR.M ,A,, AS _ PAN " RECEPTION NO. �
LAND .Mi FLIT COPPLICS WITH SWIG" COLORADO REVISED STATUES
F KCTIN IS
C;W CLERK TC~lf . U" "WE I, WEST G'k M
CERTIFICATION
CETT'P`y YG� ULLR LOW IW— A COLORADO
—00140ALJE AFFORABLE HIMITS' CORPORATION
"YN'. . TITLE, ...
I. DAVID N_ NPSISIDE A REGISTERED LAW MVFy" IN THE STATE OF
CgLOSU,I, ON mENE'Y CERTIFY THAT THIS SURVEY WA FIELD SURVEYED
... ..I. 'm ON — — OF THE '20"'TV
LgRIALLY DEMISES HEREON. AND IS CORRECT VAR, ON THE FIELD EVIDENCE
Spoom AS FOUND HEREGm, AM THAT THERE AN NO DG"OEPANCIES.
COWLIcn. SINSITAGES 114 AREA. SOLINDARY LINE CONFLICTS. ENCROACHNIENTS-
OVESSLAPPITS, OF INEWVENEHTS. LMgMyS Olt SIGHTS OF WAY IN FIELD
EV I DERIDE 01 To ME. ERCE" As HEREON SHOM, UNDESIONAGUINT UTILITIES
,ITN me VIS, I ILE APPURTENANCES AND DCjNERS OF RECORD NOT FURNI
TO THE SUtVErOl AM EVETN,. THIS CERTIFICATION 18 VOID UNLESS
IV OF THE SURVEYOR -
SIGNED THIS
106 9 161211
P, _SAW, AS VoV LIVIRL
,,WVN ww '. .. ..— I-M YVNN AI
. SNOWY. IN HIT lvVN,. -1
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If
40T 0
LEGEND & NOTES
0 FOUND SURVEY MONUISENT REBAR WITH CAP AS NOTED
$PIKE OR P-K NAIL SURVEY CONTROL
SUBDIVISION PLAT WAS SOLE SOURCE OF RECORD INFOR"TION
POSTED ADDRESS 13 '520 WEST MIN STREET'
C) SET PROPERTY CORNER NO - 4 REBAR RED CAP '16129"
WOOD FENCE
WIRE FENCE
UTIL�TYCITOX -113WZ
, I TV N "TY TITLE, INC. TITLE CommITIANT PCT
GATED 07/13/1999 WAS USED IN THE PREPARATION OF THIS
SURVEY
IMPROVEMENT SURVEY
UL LR LODGE
L2;1 ' 1-6F'�Oy gIId '"
w T 02 BLOCK 30,
CITY & TOWNSITE O� ASPEN ,
P I TKIN COUNTY, COLORADO
AREA - 13,500 SOME FEET
PREPARED NY
ASPEN SURVEY ENGINEERS. I INC.
", '. GALENA STREET
AS?" , COLD- 616 1
P"OHEIFAX (9701 925-3616
10200 AUGUST 24, 19"
I
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ELEVATIONS
ATTACHMENT 2
IUllr Lodge Minor HPC Review 9 January 25, 2000
EXIST.
UNCHAN&ED NEYq / UP&RAVED
NEA YVH.
EXIST. ADA
TO REMAIN
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EXIST. SKII
LOCKERS
TO REMAIN
PEST ELEVATION
SGALEt 1/4'ml'-O*
NEYi YVA.
EXIST. DOOR
TO REMAIN
EXIST. YVA
EXIST. SAL.CON*f
TO REMAIN
T. 0. PLYM.
EL. 7427'-0'
NEA V01,A4.
OL T. 0. FLYYV.
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EL. 7qll'-4'
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ELEVATION 4
5ECTION a WLTI LEVEL UNIT / GOURTYARD
EXIST
5r�ALEi 1/4"zl'-O'
ATTACIIMENT3
DIMENSIONAL REQUIREMENTS FORM
Project: CouMard Commons
Applicant: Carbondale Affordable Housing Corporation
Location: 520 West Main Street, Aspen, CO
Lot Size: 13,500 square feet (per Assessor)
(For the purposes of calculating Floor Area
. , Lot Area may be reduced for areas within
the high water mark, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Commercial net leasable: Existing: 0 Proposed: 0
Number of residential units: Existing: 27 Proposed: 30
Number of bedrooms: Existing: 3 7 Proposed: 41
Proposed % of demolition (Historic properties only): NA
DIMENSIONS:
Floor Area Existing: 11,920* Allowable: 14,850 @ Proposed: 11,900*
1.1:1 FAR
Principal
building height
Existing:
25'+/-
Allowable:
TBD
Propose&
2 5'
Access building
height
Existing:
N/A
Allowable:
N/A
Propose&
N/A
On -Site Parking
Existing:
16-18
Allowable:
41 Max
Propose&
16
% Site Coverage
Existing:
38%
Allowable:
TBD
Propose&
37%
% Open Space
Existing:
62%
Allowable:
TBD
Propose&
63%
Front Setback
Existing:
10'
Allowable:
TBD
Pro
posed:
10,
Rear Setback
Existing:
9'
Allowable:
TBD
Proposed:
91
Combined F/R
Existing:
19'
Allowable:
TBD
Proposed:
19,
Side Setback
Existing:
51
Allowable:
TBD
Propose&
' 5'
(East):
Side Setback
Existing:
23'
Allowable:
TBD
Proposed:
23'
(West):
Combined Sides:
Existing:
28'
Allowable:
TBD
Proposed-
28'
TBD = to
be determined during PUD Review
Existing non -conformities or encroachments:
Existing and
proposed
parking does not �-oi;form and is
currentiv t)artiv in
the riaht of
way.
Variations requested: To accept parking plan as presented in Section 6.
*Floor Area is an approximation based on rough assumptions of exposed lower level light well areas, and on surveyed unit areas,
which do not include wall thicknesses and duplicate internal stair areas. Hence, an accurate number could be +/- 200-300 sf;
however, the difference between 'existing' and 'proposed' should be minimal.
Ullr Lodge Minor PUD Application
10
January 2000
CASE NUMBER
A001-00
PARCELID#
2735-124-43005
CASE NAME
Ullr Lodge
PROJECT ADDRESS
520 W. Main St.
PLANNER
Nick Lelack
CASE TYPE
Rezoning, PUD, , Special Review, Subdivision
OWNER/APPLICANT
Carbondale Affordable Housing Corporation
REPRESENTATIVE
Building Solutions, LLC C/o Katie Updike
DATE OF FINAL ACTION
3/27/00
CITY COUNCIL ACTION
Approved Ord 3-2000
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
8/1/00
BY
J. Lindt
0 0
YA 4
0 0
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Carbondale Affordable Housing Corporation, PO Box 2001 Carbondale, CO 81623
Property Owner's Name, Mailing Address and telephone number
Lots K, M, N, and the west half of 0, Block 30 of the City and Townsite of Aspe
Legal Description and Street Address of Subject Property
Planned Unit Development
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council Ordinance #3 —2000, 3/27/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 8, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
April 9, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 8 th day of April, 2000, by the City of Aspen Community
I^ielopment Director.
� .1^1C1 -
Ann Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots K, M, N and the west half of 0, Block '30, of the City
and Townsite of Aspen, by Ordinance of the City Council numbered 3 of the series of
2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 1 3 ) 0 S. Galena St, Aspen, Colorado (970) 920-5 090.
s/City of Aspen Account
Publish in The Aspen Times on April 8, 2000
ARCHITECTURE AND PLANNING, P.C. - 605 E. MAIN -ASPEN, CO 81611 -TEL.: 970 925 4755 -FAX: 970 920 2950
DA TE January 26, 2000
PROJECT ULLR Lodge Employee Housing Conversion BPA Job # 9929.00
TO Katie Updike
FROM Richard L. de Campo, AIA, P.E.
NO. OF PAGES 0 VIA: USPS
IF YOU DO NO T RECEIVE ALL PA GES, CALL IMMEDIA TEL Y.
DESCRIPTION 0 2 copies HPC Minor Development Application package
COMMENTS Katie - For your records. (The two copies for HPC had all photos in color.)
cc: Nick Lelack hand -delivered
XAProjects\ProLl 9WW29.C)O—ULLR_Lodge\corr\9929W-trmO1 2600-ku#2.wpd
E
EXHIBIT A
Ullr Parking along 5th Street in public right -of-
Parking in alley behind Ullr on the Lodge's
way.
property.
Location of proposZed sidewalk entrance on
Location of propise handicap parking space and
Main Street along 5th Street, and current site of
ramp.
pedestrian path.
r=17!
Ow
Location of new sidewalk. VieN� from alleN.
Location of new sidewalk. View from
�
Main Street.
Molly Gibson Lodge Minor PUD
0 0
4
'PPP
Colleen Gibbons
Alpine Bank
600 E. Hopkins Ave.
Aspen, CO 81611
Re: Ullr Commons
Dear Ms. Gibbons:
Housing Office
City of Aspen/Pitkin County
530 East Main Street, Lower Level
Aspen, Colorado 81611
(970) 920-SO50
F :
April6,200y (970) 920-SS80
This letter is to confirm that the Aspen City Council indicated during its approval of the Ullr
Commons project that it would accept an option to purchase agreement for the employer -owned
deed -restricted units at the Ullr Commons project. This option to purchase agreement is
executed by the Aspen/Pitkin County Housing Authority (APCHA) in conjunction with each
sale, conveyance or transfer of the deed -restricted unit. This document contains a release clause
stating that the deed restriction will be released should the APCHA or Aspen City Council not
exercise the option to purchase in the event of foreclosure. As provided in all the deed
restrictions with this provision, a fee of .25% of the loan amount will be collected on each
transaction. This fee is placed in a ftmd set aside to cover future foreclosure costs.
The deed restriction, normally produced and signed after the formal approval of a project so that
it accurately reflects the relevant conditions of approval, will be drafted to appropriately reflect
this provision. A copy of our standard Option to Purchase is attached for your information. This
has not been reviewed for its applicability to the Ullr Commons project.
Your support of this employer -sponsored affordable housing project is commendable. We look
forward to this model being repeated.
Sincerely,
Mary I Roberts
Executive Director
cc: Steve Connor
Tom Smith
Nick Lelack/
Katie Updike
0
0
OPTION TO PURCHASE
In the event of a foreclosure by the holder (including here and hereinafter assigns of the
holder) of the promissory note secured by a first deed of trust on the property described as *, also
known as * (hereinafter the "Property"), and subject to the issuance of a public trustee's deed to
the holder following the expiration of all statutory redemption rights, the Aspen/Pitkin County
Housing Authority (the "APCHA"), and either the City Council of the City of Aspen, Colorado (the
"City Council") or the Board of County Commissioners of the County of Pitkin, Colorado (the
"Board"), as the designee of the APCHA, shall have the option to purchase the Property which
shall be exercised in the following manner:
a. Notice. The holder shall give such notice to the APCHA as is required under Colorado law
in the foreclosure proceeding. Said notice shall be sent by certified mail, return receipt
requested, and addressed as follows:
Director, Aspen/Pitkin County Housing Authority
Courthouse Plaza Building
530 East Main, Suite 001
Aspen, CO 81611
b. Option to Purchase. The APCHA, and either the Board or the City Council, as the
designee of the APCHA, shall have 30 days after issuance of the public trustee's deed in
which to exercise this option to purchase by tendering to the holder, in cash or certified
funds, an amount equal to the redemption price which would have been required of the
borrower or any person who might be liable upon a deficiency on the last day of the
statutory redemption period(s) and any additional reasonable costs incurred by the holder
during the option period which are directly related to the foreclosure.
C. Title. Upon receipt of the option price, the holder shall deliver to either the APCHA or the
Board or City Council, as designated by the APCHA, a special warranty deed, conveying
the Property to either the APCHA, the Board or City Council, as designated. The holder
shall convey only such title as it received through the public trustee's deed and will not
create or participate in the creation of any additional liens or encumbrances against the
Property following issuance of the public trustee's deed to the holder. The holder shall not
be liable for any of the costs of conveyance to the APCHA or it designee.
d. Release. In the event that the holder is issued a public trustee's deed and neither the
APCHA, the Board or the City Council exercise the option to purchase, as provided herein,
the APCHA shall cause to be recorded in the records of the Clerk and Recorder of Pitkin
County a full and complete release of the Deed Restriction Agreement affecting the
Property which appear in said records in Reception No. . Such release
shall be placed of record within 14 days after demand therebr by the holder following
expiration of the option and a certified copy of the release shall be mailed to the holder
upon its recordation.
e. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions,
uses, limitations, obligations or options created by this option to purchase shall be unlawful
or void for violation of: (a) the rule against perpetuities or some analogous statutory
provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or
common law rules imposing like or similar time limits, then such provision shall continue
only for the period of the lives of the current duly elected and seated Board of County
Commissioners of Pitkin County, Colorado, their now living descendants, if any, and the
survivor of them, plus twenty-one (21) years.
f. Successors and Assigns. Except as otherwise provided herein, the provisions and
covenants contained herein shall inure to and be binding upon the heirs, successors and
assigns of the parties hereto.
9. Modifications. The parties hereto agree that any modification to this option to purchase
shall be effective only when made by writings signed by both parties and recorded with the
Clerk and Recorder of Pitkin County, Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and
year written below.
HOLDER OF FIRST DEED OF TRUST:
M
authorized officer
TITLE:
MAILING ADDRESS:
STATE OF
)ss.
COUNTY OF
(date)
The foregoing instrument was acknowledged before me this day of
1 199_, by
Witness my hand and official seal; My commission expires:
Notary Public
0 9
Applicant's Responses to Chapter 26.480.050 Review Standards for Subdivision
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
C. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
APPLICANT'S RESPONSE: The Aspen Community Plan supports the provision of
employee housing within the Aspen Metro Area. The Ullr Lodge is not part of the Lodge
Preservation District, however, consideration has been given to the removal of lodge
units. In recent years the Ullr has been occupied at least 50% by longer term Aspen
employees rather than lodge guests. For this reason the Applicant and the Housing
Office considered that the preservation of the building and lodge as affordable housing
was important and consistent with the Community Plan. No significant changes are
being proposed to the building. No exterior additions are being proposed other than stair
access consistent with the character of the building. The proposed development will have
no impact on the future development of the surrounding area.
B. Suitability of landfor subdivision.
a. Land suitability. The proposed subdivision shall not be located
on land unsuitable for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will
be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatial pattern effi-cient. The proposed subdivision shall not be
designed to create spatial patterns that cause inefficiencies,
t9
duplication or premature extension of public facilities and
unnecessary public costs.
APPLICANT'S RESPONSE: The Ullr is located at 520 West Main street. It is a flat
site and is in the center of the Town's public facilities. This makes the Ullr an ideal site
for affordable housing and in -fill development in general.
C. Improvements. The improvements set forth at Chapter 26.580 shall be
provided for the proposed subdivision. These standards may be varied by special
review (See, Chapter 26.430) if the following conditions have been met:
2!1
V 0 9
A unique situation exists for the development where strict adherence
to the subdivision design standards would result in incompatibility
with the Aspen Area Comprehensive Plan, the existing, neighborin'ur
development areas, and/or the goals of the communitv.
2. The applicant shall specify each design standard variation requested
and provide justification for each variation request, providing design
recommendations by professional engineers as necessary. 6
APPLICANT'S RESPONSE: The Ullr is an existin- buildin-. No alterations are being
made to its exterior design, its setbacks or its relationship to common utilities and
infrastructure. The Applicant has reviewed all of the criteria under the Engineering
Department Regulations in Section 26.580.020. None of these guidelines relate to the
work proposed.
D. Affordable housing. A subdivision which is comprised of replacement
dwelling units shall be required to provide affordable housing in compliance with
the requirements of Chapter 26.520, Replacement Housing Program. A subdivision
t9 t5l
which is comprised of new dwelling units shall be required to provide affordable
housing in compliance with the requirements of Chapter 26.470, Growth
r�
Management Quota System.
in
APPLICANT'S RESPONSE: The Ullr is being converted to a project which will be
100% affordable housing. The project was initiated under the sponsorship of the Aspen
Pitkin County Housing Authority as a project that the private sector (employers) could
undertake in order to help address the critical shortage of housing.
E. School Land Dedication. Compliance with the School Land Dedication
Standards set forth at Chapter 26.630
APPLICANT'S RESPONSE: There is no land available on the existing site for a land
dedication. The Applicant is seeking the approval of the Aspen Public School District
and the Council for a waiver of the school land dedication or fees, for the following
reasons:
• The Ullr is currently being used as housing — not strictly for short-term
guests.
• The Ullr will help alleviate the severe shortage of permanent housing in
Aspen, a problem which the school district faces in housing its employees.
• The School District can participate with the sponsoring employers and has
been offered such a position.
• The housing is composed of very small units. Given the nature of the
configuration, it is less likely that the housing will be used by families with
school children. Most of the units are most suitable for single adults, or
adults sharing a unit with another adult.
• Cash in -lieu payments will increase the substantial subsidies already being
provided by the employers. There is no profit.
0
TN
MINOR PLANNED L I IT DEVELOPMENT APPLICATION
For
ULLRLODGE
EMPLOYER SPONSORED AFFORDABLE HOUSING
Prepared by:
Katherine L. Tjpdike
Managing Partner
Building Solutions, LLC
On behalf of
CARBONDALE AFFORDABLE HOUSING CORPORATION
A COMMUNITY DEVELOPMENT CORPORATION SERVL-4G THE ROARING FORK VALLEY
January 2000
0 0 ki
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30 10:28A PUD D t45099 01712412000010SM33141 WPUD MDAVIS SIBLVIM
VS SILVI
I of 12 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO I of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR ULLR COMMONS CONDOMINIUMS
CITY OF ASPEN
PITKIN COUNTY, COLORADO
anned Unit Development Agreement ("PUD Agreement"), entered into this -/
P Ig- day
o, 2000, by and between the City of Aspen, Colorado, a municipal
Ci
corpora n ("City") and Carbondale Affordable Housing Corporation ("CAHC"), shall bind the real
propert descrnibed in Exhibit A, which is attached hereto (which property shall be described herein
as the "Real Property").
RECITALS
WHEREAS, CAHC submitted an application to the City for a Consolidated Planned Unit
Development (PUD), Subdivision, and Growth Management Quota System Exemption for Affordable
Housing to convert the Ullr Lodge, which is located on the Real Property, to a 27-unit multi -family
building, 26 of which will be deed restricted affordable housing units;
WHEREAS, the Real Property is located in the Office Zone District and Historic District;
WHEREAS, pursuant to Section 26.445 of the City's Land Use Code, dimensional
requirements of properties may be established through the PUD review process;
WHEREAS, during a duly noticed public hearing on February 9, 2000, the Historic
Preservation Commission approved a request for Minor Review related to the Real Property;
WHEREAS, on March 27, 2000, during a duly noticed public hearing the City Council
approved a Planned Unit Development, Subdivision, and Growth Management Quota System
Exemption for Affordable Housing after the application where it considered (1) a recommendation
from the Planning and Zoning Commission, (2) comments from the general public, (3) a
recommendation of approval from the Community Development Director and (4) recommendations
from relevant referral agencies;
WHEREAS, the Aspen City Council memorialized its approval of CAHC's application in
Ordinance No. 3, Series of2000 (the "Approval Ordinance"), which is incorporated here by this reference;
WHEREAS, CAHC has submitted to the City for review PUD plans for the improvements
located on the Real Property within the City of Aspen, Colorado;
WHEREAS, City has fiffly considered the PUD plans, the proposed development and
improvement of the lands therein and the effects of the proposed redevelopment and improvement ofthe
Real Property;
WHEREAS, City has imposed certain conditions and requirements in connection with its
approval of CAHC's application and ofthe PUD plans, such matters being necessary to protect, promote
and enhance the public welfare; and
11111 IN 1111 AM 11
AARAM0 M___ U -M-MHW
445645 08/01/2000 10:28A PUD DAVIS SILVI 445009 07/14/2000 09:33A PUD DAVIS SILVI
2 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 of 10 R 50-00 D 0.00 N 0.00 PITKIN COUNTY CO
PLJD Agreement
City of Aspen - Carbondale Affordable Housing Corporation
Page 2
WHEREAS, CAHC is willing to acknowledge, accept, abide by and faithfully perform the
conditions and requirements imposed by City in its approvals, as more specifically stated herein.
NOW THEREFORE, for and in consideration ofthe premises, and the approval and acceptance
of the PLJD plans, it is mutually agreed as follows:
General. It is hereby recognized that the Approval Ordinance, this Agreement and the PUD plans,
all burden the Real Property and the improvements located thereon (to be known collectively as
'Ur Commons Condominiums" or the "Project") consisting of 27-unit multi-fan-ffly building, in
the manner described herein.
2. Recording This Agreement shall be recorded within 180 days ofthe date the Approval Ordinance
is recorded in the real property records of Pitkin County Cthe County").
Notice ofPUD Designation. Before any building permit maybe issued to CAHC for development,
redevelopment or remodeling of the improvements located on the Real Property, CAHC shall
record in the real property records of the County a fully executed copy of this PUD Agreement.
4. Final PUD Plan. A Final PLJD Plan shall be recorded within 180 days of the date the Approval
Ordinance is recorded in the real property records of the County and shall include:
a. A plan meeting the requirements of the City Engineer and showing easements,
encroachment agreements and licenses with reception numbers for physical improvements
and parking spaces within City rights -of -way, and location of utility pedestals shall be
submitted to and approved by the City.
b An illustrative site plan of the project showing the proposed improvements, landscaping,
parking, and the dimensional requirements as approved.
C. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil
Engineer which maintains sediment and debris on -site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly
size the facility. A two-year storm frequency should be used in designing any drainage
improvements.
Recording of Documents Neces . The Approval Ordinance, PUD Agreement and the Final
PLJD Plans shall be recorded in the real property records of the County before an application for
a building permit may be accepted by the Building Department.
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Condonu'ru'um Mqp. A Condominium Map meeting the requirements of the City Engineer and
showing easements, encroachment agreements and licenses with reception numbers for physical
improvements and parking spaces within City rights -of -way, and location of utility pedestals shall
be submitted to and approved by the City. The Condominium Map will recorded in the real
property records of Pitkin County prior to the issuance of a certificate of occupancy for any Unit
within the Project.
7. Contents of Building Permit Applicatio . The building permit application shall inclu&
A copy of the Approval Ordinance and recorded Resolution of the Aspen Plannig and
Zoning Commission, which Resolution was passed at a duly noticed public hearing on
February 15, 2000.
b. The conditions of approval printed on the cover page of the building permit set.
C. A completed tap pen -nit for service with the Aspen Consolidated Sanitation Distnict.
d. A tree removal permit as required by the City Parks Department and any approval from
the Parks Department Director for off -site replacement or mitigation of removed trees.
A completed curb, gutter, and sidewalk agreement.
A completed agreement to join any future improvement districts formed for the purpose
of constructing improvements in adjacent public fights -of -way, as set forth as Section 27
of this PUD Agreement.
& Covenants Regarding Improvements. Within the Project there shall be,
a. 150 or greater net livable square feet of living area per person, including sleeping and
bathroom;
at least one bathroom shall be provided for shared use by no more than four persons; and
a kitchen facility or access to a common kitchen.
9. Conditions Precedent to Issuance of Building Permit. Nor to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development Director
statirig that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
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agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
10. There shall be no excavation or storage of dirt or material shall occur within tree driplines.
11. All construction vehicles, materials, and debris shall be maintained on -site and not within
public rights -of -way unless specifically approved by the Director of the Streets Department.
All vehicle parking, including contractors' and their employees', shall abide by the two hour
residential parking limitation ofthe area. CAHC shall inform the contractor of this condition.
12. CAHC shall abide by all noise ordinances. Construction activity is limited to the hours
between 7 a.m. and 7 p.m.
13. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee
units, a member ofthe Aspen/Pitkin County Housing Authority ("APCHA") shall inspect the
units to determine if the units comply with the representations made in the application.
14. CAHC shall record the Planning and Zoning Commission Resolution with the Pitkin County
Clerk and Recorder.
15. All improvements constructed by CAHC shall meet the Uniform Code for Building
Conservation (UCBC) standards.
16. The final deed restriction shall be approved by the APCHA, which shall include the standard
foreclosure clause found in the APCHA sale unit deed restriction which allows a right of
purchase in APCHA in the event of foreclosure and subsequent sale by the lender without
further encumbrance by the deed restriction in the event the unit is not acquired by APCHA.
17. If encroachment is to continue on North Fifth Street, then CAHC shall apply for an
encroachment license. The City of Aspen Engineering Department shall approve the
encroachment provided CAHC agrees to install a sidewalk in front of the existing parking
area. This sidewalk will exist on an easement to be granted by CAHC within the Real
Property boundaries. The sidewalk will conform to City of Aspen Standards, including those
related to design and location, and will include the installation of curb. The sidewalk shall
have tree well grates to allow for the maintenance of the existing trees. The sidewalk shall
be installed from the existing improved Main Street sidewalk to the alley between Main and
Bleeker Streets. CAHC shall avoid damaging the existing conifer during construction by
"ramping" the sidewalk over the existing ground.
18. CAHC shall regularly maintain the Main Street right-of-way adjacent to this property,
including planting grass seed as necessary. No irrigation system is required within the City's
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right-of-way. Any irrigation system proposed by CAHC for the right-of-way shall be
reviewed and approved by the City's Parks Department prior to installation to avoid or
minimize impacts to the existing street trees.
19. The area between the building's existing wall and the sidewalk fronting Main Street shall be
landscaped.
20. The applicant shall not track mud onto City streets during construction. A washed rock or
other style mud rack must be installed during construction.
21. All uses and construction will comply with the City of Aspen Water System Standards and
with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal code as they pertain to utilities.
22. The Applicant shall submit a complete set of wastewater plans for Project to the Aspen
Consolidated Sanitation District (ACSD) for review. Clay tile sanitary laterals must be
inspected with a television line to discover any interference from roots. If blockage is
detected the lines shall be replaced before they are connected to the ACSD sanitary fines.
23. CAHC shall mitigate any public impacts that this project causes, including but not limited to
utility expenses and sanitary sewer and water fines.
24. No more than 27 on -street parking permits will be allowed for residents of the Project. The
maximum monthly rent which may be charged to any tenant who does not own an automobile
shall be 5% less than otherwise allowed by this approval. The homeowners association shall
lease the ten head-on spaces from the City for a total of $100 per month. CAHC shall use its
best efforts to encourage residents to forego automobile ownership through methods such as
providing additional bike racks, communal ownership of vehicles, etc.
25. All material representations and commitments made by CAHC pursuant to the development
application approved by the City in the Approval Ordinance, whether in public hearing or
documentation presented before the Planning and Zoning Commission, Historic Preservation
Commission, Housing Board, or City Council, shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
26. The covenants set forth herein 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 by the Approval Ordinance.
27. CAHC agrees to join future improvement district(s) established to plan, design, and construct
such public improvements and to financially participate on a pro rata basis as may be
CO
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established by an assessment formula to include property area, property frontage, per each
property, or other basis of assessment, as appropriate, as determined by the City Council
acting as a Board of Assessment in accordance with the City Charter or Colorado state law.
In the alternative, at the City's option, the City may construct the above improvements and
owner shall reimburse the City for all costs of such construction on a pro rata basis
established by an assessment formula. Reimbursement shall be made to the City within ninety
(90) days after receipt of invoice. In the event of a failure to pay, the cost shall be placed as
a lien against the property to run with the land, until satisfied.
28. Non -Compliance and Request for Amendments or Extensions by --Owner
In the event that the City Council determines that CAHC is not acting in substantial
compliance with the terms of this PUD Agreement, the City Council shall notify CAHC in writing
specifying the alleged non-compliance and asking that CAHC remedy the alleged non-compliance
within such reasonable times as the City Council may determine, but not less than 30 days. If City
Council determines that CAHC has not complied within such time, the City Council may issue and
serve upon CAHC a written order specifying the alleged non-compliance and requiring CAHC to
remedy the same within thirty (30) days. Within twenty (20) days ofthe receipt of such order, CAHC
may file with the City Council either a notice advising the City Council that it is in compliance or a
written petition requesting a hearing to determine any one or both of the following matters:
a. Whether the alleged non-compliance exists or did exist, or
b. Whether a variance, extension of time or amendment to this PUD Agreement should
be granted with respect to any such noncompliance which is determined to exist.
Upon the receipt of such petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the cease and desist order and in the petition. The hearing shall be
convened and conducted pursuant to the procedures normally established by the City Council for
other hearings. If the City Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval previously granted by the City Council shall
be issued without a finding of the City Council that substantial evidence warrants such action and
affording CAHC 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 CAHC, terminate any of such approvals which
are reasonably related to the requirement(s) with which CAHC has failed to comply. Alternatively,
the City Council may grant such variances, extensions of time or amendments to this PUD Agreement
as it may deem appropriate under the circumstances.
In addition to the foregoing, CAHC or its successors or assigns may, on its own initiative,
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petition the City Council for a variance, an amendment to this PUD Agreement or an extension of one
or more of the time periods required for performance hereunder. The City Council may grant such
variances, amendments to this PUD Agreement, or extensions of time as it may deem appropriate
under the circumstances. The parties expressly acknowledge and agree that the City Council shall
not unreasonably refuse to extend the time periods for performance if CAHC demonstrates by a
preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s)
are beyond the control of CAHC, despite good faith efforts on its part to perform in a timely manner.
29. General Provisions.
a. The provisions hereof shall be binding upon and inure to the benefit of CAHC and the
City and their respective successors and assigns.
b. This PUD Agreement shall be subject to and construed in accordance with the laws
of the State of Colorado.
If any of the provisions of this PUD Agreement or any paragraph, sentence, clause,
phrase, word, or section or the application thereof in any circumstance is invalidated,
such invalidity shall not affect the validity of the remainder of this PUD Agreement,
and the application of any such provision, paragraph, sentence, clause, phrase, word,
or section in any other circumstance shall not be affected thereby.
d. This PUD Agreement contains the entire understanding between the parties hereto
with respect to the transactions contemplated hereunder and may be altered or
amended from time to time only by written instruments executed by all parties hereto.
e. Numerical and title headings contained in this PUD 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.
Notices to be given to the parties to this PUD 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
City Manager
130 S. Galena Street
Aspen, Colorado 81611
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CARBONDALE AFFORDABLE HOUSING CORPORATION
Attn: Chairman
P.O. Box 2001
Carbondale, CO 81623
With copy to: CARBONDALE AFFORDABLE HOUSING CORPORATION
c/o Freflich, Myler, Leitner & Carlisle
106 S. Nfill Street, Suite 202
Aspen, Colorado 81611
9. The terms, conditions, provisions and obligations herein contained shall be deemed
covenants that run with and burden the Real Property 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.
CO
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IN WITNESS WIHEREOF, the parties have hereunto set their hands and seals as of the day
and year first above written.
CITY:
CITY OF ASPEN, COLORADO,
a municipal corporation
By::<
Rathael E. Richards, May r
By: 6�L'� zi; —
Kathryn_q.*och, City Clerk
APPROVED AS TO FORM:
CAHC:
Torm7or-ce—ster-, City Attorney
CARBONDALE AFFORDABLE HOUSING CORPORATION
a Colorado non-DrofiUcomoration
By:E)��r �A/N
Ja �eaviit, resident
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STATE OF COLORADO
ss'
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this I Lff'�of �1� ?�n
by Rachel E. Richards as Mayor, Kathryn S. Koch as City Clerk, City of Aspen, 6olorado, a
my nd seal.
n(
C
My��sio��-'-e 15 - 6- -04
.C)
...... Notary Public
CM
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this L of Jt('1�1'
by Jay Leavitt as President of Carbondale Affordable Housing Corporation, a Colorado non-profit
corporation.
seal.
,W-W'�ssion
C"ERYL
Notary Public
NEE C
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0
0
0 0
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS K, L, M, N AND THE WEST ONE-HALF OF LOT 0,
BLOCK 30,
C17Y AND TOWNSITE OF ASPEN
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RESOLUTION NO. 8
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL OF THE ULLR LODGE
CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVSION, AND
SPECIAL REVIEW FOR PARIUNG, 520 WEST MAIN STREET, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Carbondale Affordable Housing Corporation, under contract to purchase the
Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a
Consolidated Planned Unit Development (PUD), Subdivision, Special Review for
Parking, and Growth Management Quota System Exemption for Affordable Housing to
convert the lodge to a 27-unit multi -family building; and,
WHEREAS, the UlIr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use
Code, the City Council may approve a Planned Unit Development, Subdivision, and
Growth Management Quota System Exemption for Affordable Housing during a duly
noticed public hearing after considering a recommendation from the Planning and Zoning
Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, approval of
the UIIT Lodge Consolidated Planned Unit Development, Subdivision, and Special
Review for Parking, with conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
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WTIEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
finthers and is necessary for the promotion of public health, safety, and welfare.
NOW, TBEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as foHows:
Section I
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for
the existing lodge to be converted to a 27-unit multi -family building, is approved subject to
the conditions of approval described hereinafter.
1. A PUD Agreement shall be recorded within 180 days of the final approval by
City Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted
by City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers
for physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during
and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
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e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed
for the purpose of constructing improvements in adjacent public rights -of -
way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four
persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and
not within public rights -of -way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the Aspen/Pitkin County Housing Authority
shall inspect the units to determine if the units comply with the representations
made in the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
14. All improvements must meet the Uniform Code for Building Conservation
(UCBC) standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
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The City Engineering Department has approved of the installation of
a sidewalk in front of the existing parking area. This sidewalk will
exist on an easement within property boundaries. The sidewalk will
conform to City of Aspen Standards, including the design and
location, and will include the installation of curb. The sidewalk will
also have tree well grates to allow for the existing trees to stay. This
sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets. The
applicant shall avoid damage to the existing conifer by "'ramping" the
sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to
this property, including planting grass seed. A suggested type of grass that may
do well in this area is a turf -type tall fescue. An irrigation system is not required
for the Right-of-way. If one is proposed, then the system must be approved by
the Parks Department prior to installation to avoid or minimize impacts to the
existing street trees.
18. The area between the building's existing wall and the sidewalk fronting Main
Street shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
21. The Applicant shall submit a complete set of wastewater plans for the UlIr Lodge
to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced
before they are connected to the ACSD sanitary lines.
22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
23. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
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hereby incorporated in such plan development approvals and the same shall be complied
with as if ftdly set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided b law,
by the Planning and Zoning Commission of the City of Aspen on the 15Z day of February,
2000.
APPROVED by the Commission at its regular meeting on February 15, 2000.
APPROVED AS TO FORM:
Cit�Attorney
ATTEST:
kie Lothian, puty City Clerk�
PLANNING AND ZONING COMMISSION:
Robert Blaich, Chair
CAhome\nick1\.Acfive Cases\LJ]lr Lodge\ULLR Lodge PUD, Sub, parkingldoc
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MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Direct
Joyce OhIson, Deputy Directordpo
FROM: Nick Lelack, Planner*
RE: Ullr Lodge/Commons Consolidated Planned Unit Development Review,
Subdivision, Special Review for Parking, and GMQS Exemption for
Affordable Housing, Ordinance No. 3, Series of 2000, Public Hearing
DATE: March 27, 2000
APPLICANT:
Carbondale Affordable Housing
Corporation
REPRESENTATIVE:
Katherine L. Updike, Building
Solutions, LLC
LOCATION:
520 West Main Street'
ZONING:
Office, Historic District
CURRENT LAND USE:
Lodge — 27 units
PROPOSED LAND USE:
Multi -Family Residential — 26 AH
units, I free market unit
LOT SIZE:
13,439 sq. ft.
FAR:
Existing: 11,900 sq. ft.
Proposed: 11,900 sq. ft.
Allowable: 14,850 sq. ft
SUMMARY:
The purpose of this application is to change the Ullr
Lodge/Commons' land use from "lodge" to "multi-
family residential." Approval for this project
requires the establishment of a Planned Unit
Development (PUD), Subdivision to create 27
dwelling units, and GMQS Exemption for affordable
housing. The Historic Preservation Commission,
Planning and Zoning Commission and Housing
Board have recommended approval with conditions.
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REVIEW PROCEDURE
Consolidated Conceptual and Final Review Planned Unit Development (2-Step Review):
An applicant may request and the Community Development Director may determine that
because of the limited extent of the issues involved in a proposed PUD in relation to
these review procedures and standards, or because of a significant community interest
which the project would serve, it is appropriate to consolidate conceptual and final
development plan review. The Community Development Director has determined that
the conversion of the existing Ullr Lodge to an employer owned and operated
affordable housing complex serves a significant community interest which the project
would serve, and the limited nature of physical changes to the building qualifies it for
the consolidated review. This two step process does not require approval of a
conceptual development plan, only review and approval of a final development plan by
the Planning and Zoning Commission and the City Council, with public hearings
occurring at both. The Planning and Zoning Commission shall recommend approval,
approval with conditions, or disapproval to the City Council.
Subdivision (2-Step Review): Approval of a subdivision requires the review and
recommendation for approval, approval with conditions or disapproval by the Planning
and Zoning Commission followed by a review and approval, approval with conditions or
disapproval by the City Council.
Special Reviewfor Parkin : Section 26.304.050 allows combined reviews; therefore, this
review is combined with the PUD review.
Growth Management Quota System Exemptionfor Affordable Housi : Exemption
requests for affordable housing or for free market residential, shall require review by the
Housing Board and final review by City Council.
STAFF COMMENTS:
Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L.
Updike of Building Solutions, LLC, has contracted to buy the UlIr Lodge. The Applicant
is requesting a consolidated Planned Unit Development (PUD) approval to convert the
existing lodge to a multi -family residential building, named UlIr Commons, that is owned
and operated by Aspen employers. The employers would purchase 26 units for the costs
incurred by the Applicant for purchase and upgrades. Subsequently, the employers will
deed restrict the units to Category 3 or 4. Resale of the units would be governed by an
appreciation cap of 3%.
The project is exempt from GMQS because 26 dwelling units will be deed restricted to
affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in
Use allows the project to be exempt as long as "No more than one residential unit will be
created" A previous code interpretation of this section stated that the one residential unit
may be a free market unit. If approved, the affordable housing units would receive 26
allocations from the Affordable Housing Base Allotment Pool and the free market
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residential unit would receive one (1) allocation from the Free Market Residential Base
Allotment Pool.
The exterior of the Lodge and Floor
Area Ratio would change only
slightly. On the exterior, the pool
and 200 square foot poolroom would
be removed and replaced with a
court yard. The interior space is
being upgraded for life safety code
variances and some units will be
improved to accommodate
permanent residents — others will
remain "dormitory" style units and
will have access to the facility's
common kitchen.
Converting the lodge to multi -family
residential requires the subdivision
of this property because more than three (3) dwelling units would be created; in fact, 27
dwelling units would be created. The Land Use Code does not treat the conversion of
existing units differently from newly built units. The greatest impact subdivision has on
this property is to subject it to the school and park impact fees, because residents will
place greater demands on the Aspen School District and City parks than tourists. The
school impact fees will be approximately $11,091.60 for 27 units. Park, water, and sewer
fees will be determined at the time building permits are issued.
The City's PUD process allows all of a property's dimensional requirements to be
established through the final PUD. This includes parking, FAR, and setbacks. Special
Review for parking can be reviewed simultaneously with PUD review. None of the
building's dimensional requirements are proposed to be changed. Nevertheless, they
must be established as part of the PUD review.
Staff has reviewed this application against all of the applicable criteria and finds the
project to be in substantial compliance, primarily because of the limited nature of
physical changes occurring to the building. Section 26.515 of the Land Use Code
requires two (2) parking spaces for multi -family use buildings; and one (1) space per
dwelling unit is required if the unit is either a studio or one -bedroom unit. Therefore, 36
parking spaces would be required for a 27-unit building. Currently, the 27-unit Lodge
has 16 parking spaces. The spaces are located on the Ullr's property in the alley and
along 5t' Street in the public right-of-way. Photographs of the existing spaces are shown
below.
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Parking along 501 Street M public riglit-of-way.
Parking in alley oji flie Lodge's property.
There is no room on site to increase the number of parking spaces. The Applicant
requests to establish the existing 16 parking spaces for the new use. In addition, the new
owners shall encourage reduced car ownership by implementing at least one of the
following concepts with their employees in the building.
a. Rent incentive for employees without cars.
b. Charge employees with cars for parking.
c. Create attractive car rental rates for employees who have no personal car.
d. Subsidize transportation passes.
e. Give rental preferences to employees without an automobile.
Staff believes that because there is a serious deficiency of on -site parking spaces,
the Applicant should be required to implement at least three of the above
concepts. Specifically, staff believes that (a) rent incentives for employees without
cars, (d) subsidized RFTA transportation passes, and (e) rental preferences to
employees without an automobile should be required and be made conditions of
approval.
Tim Ware, Director of Parking Control, believes that there will be more individuals
occupying the building more of the time, which will result in more cars parking on
site and in the neighborhood. Mr. Ware recommends imposing a condition of
approval that requires the maximum number of residential parking permits
allowed for the Ullr Lodge's residents be limited to a maximum of 36. He is
concerned that without this restriction a resident may own, for example, four (4) cars
and obtain resident parking permits for all 4; currently, there is no limitation on the
number of parking permits a resident may obtain, although this issue is under review
by City Council. He also strongly supports rent incentives for residents that do not
own cars.
Staff, however, is not supportive of reducing the street parking passes in a manner
different from that offered to the general public. City Council does have the
authority to limit the street permits for this project, especially considering the project
is being reviewed as a PUD. However, a policy that is driven by the affordability of
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one's home does raise some concern and such a condition would set a precedent for
affordable housing. Staff believes the street parking issues this community faces
should be addressed as a topic and applied uniformly to residences, regardless of
affordability.
In addition, the City Engineer recommends imposing a condition of approval
requiring the Applicant to construct a new sidewalk from Main Street along the
property line on 5th Street to the alley. This sidewalk would increase pedestrian
accessibility to and from the site and neighborhood to Main Street. The Parks
Department has reviewed the site and approved the design and location of the
sidewalk to minimize the impact on trees. The Applicant has agreed to this
condition. The employer owners will also lease spaces which encroach into the
public right-of-way on 5 1h Street from the City. Photographs of the proposed
sidewalk location are shown below.
On February 9, 2000, the Historic Preservation Commission unanimously
approved the Ullr Lodge Minor Review to perform insignificant exterior changes to
the structure, which is not an historic landmark but is located in the Historic District.
On February 15, the Planning and Zoning Commission unanimously recommended
approval of the proposal with all of the conditions in that draft Ordinance except
Condition 24. Commission members did not believe the employer owners should be
required to provide bus passes to their employees because they will be working in
town.
On March 15, the Housing Board unanimously recommended approval of the
GMQS exemption for affordable housing.
Planning Staff recommends approval of the application for the following reasons.
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(1) The City will gain 26 deed restricted affordable housing units, increasing the
community's stock of affordable housing.
(2) The property is appropriately situated for employee housing because of its close
proximity to the downtown core, sidewalks, and public transit. Residents may
access these amenities on foot, bus, or bike. And, the employers have agreed to
implement at least one measure to encourage reduced car ownership by the
building's tenants. Tourists and existing tenants currently do not have any
incentive to not own a car and park it on -site.
(3) The Applicant is upgrading the building for all life safety related issues in
accordance with the Uniform Code for Building Conservation (UCBC) standards.
The UCBC applies more specifically to existing buildings than does the Uniform
Building Code, and is designed to safely preserve and utilize the community's
existing building stock.
(4) The only external changes to the building are improvements. The Applicant
plans to construct a new sidewalk and provide a handicap parking space in a
location where it otherwise would not currently be required. And, removing the
pool and pool house for a usable court yard improves usable open space on site
and viewable from Main Street.
RECOMMENDATION:
Staff is recommending approval of the Ullr Lodge PUD, Subdivision, and
GMQS Exemption for Affordable Housing with the following conditions:
A PUD Agreement shall be recorded within 180 days of the fiiial approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
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3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit
set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed for
the purpose of constructing improvements in adjacent public rights -of -way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the
Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area. The
applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
employee units, a member of the Aspen/Pitkin County Housing Authority shall
inspect the units to determine if the units comply with the representations made in
the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
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Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the
applicant may pay this fee to the City Clerk who will record the resolution.
14. All improvements must meet the Uniform Code for Building Conservation (UCBC)
standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment license
must be applied for and approved. The only way that the City of Aspen Engineering
Department will allow for an encroachment is if there is an improvement of the
existing parking/sidewalk situation. This improvement has been agreed upon by the
developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist on
an easement within property boundaries. The sidewalk will conform to
City of Aspen Standards, including the design and location, and will
include the installation of curb. The sidewalk will also have tree well
grates to allow for the existing trees to stay. This sidewalk will be placed
from the existing improved Main Street sidewalk to the alley between
Main and Bleeker Streets. The applicant shall avoid damage to the
existing conifer by "ramping" the sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this
property, including planting grass seed. A suggested type of grass that may do well
in this area is a turf -type tall fescue. An irrigation system is not required for the
Right-of-way. If one is proposed, then the system must be approved by the Parks
Department prior to installation to avoid or minimize impacts to the existing street
trees.
18. The area between the building's existing wall and the sidewalk fronting Main Street
shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to
the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced before
they are connected to the ACSD sanitary lines.
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22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
23. The Ullr Lodge/Commons employer owners shall provide (1) rent incentives for
employees without cars, (2) subsidized RFTA transportation passes, and (3) rental
preferences to employees without an automobile.
RECOMMENDED MOTION:
I move to approve the Ullr PUD, Subdivision, and GMQS Exemption for Affordable
Housing to convert the lodge to a multi -family residential building with 26 deed restricted
affordable units and I free market unit, at 520 West Main Street, on Second Reading."
ATTACHMENTS:
Exhibit A Review Criteria and Staff Findings
Exhibit B Referral Agency Comments
Exhibit C Development Application
W
ORDINANCE NO. 3
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE ULLR LODGE CONSOLIDATED PLANNED
UNIT DEVELOPMENT, SUBDIVISION, AND GROWTH MANAGEMENT QUOTA
SYSTEM EXEMPTION FOR AFFORDABLE HOUSING, 520 WEST MAIN
STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Carbondale Affordable Housing Corporation, under contract to purchase the
Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a
Consolidated Planned Unit Development (PUD), Subdivision, and Growth Management
Quota System Exemption for Affordable Housing to convert the lodge to a 27-unit multi-
family building, 26 of which will be deed restricted affordable housing units; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use
Code, the City Council may approve a Planned Unit Development, Subdivision, and
Growth Management Quota System Exemption for Affordable Housing during a duly
noticed public hearing after considering a recommendation from the Planning and Zoning
Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 9, 2000, the
Historic Preservation Commission approved, by a seven to zero (7-0) vote, the Ullr
Lodge Minor Review; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the
Aspen City Council approve the Ullr Lodge Consolidated Planned Unit Development
(PUD), Subdivision, Special Review for Parking, with conditions contained herein; and,
WHEREAS, during a duly noticed public hearing on March 15, 2000, the
Aspen/Pitkin County Housing Board recommended, by a five to zero (5-0) vote, that the
Aspen City Council approve the Ullr Lodge Growth Management Quota System
Exemption for Affordable Housing, with conditions contained herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Historic Preservation Commission,
Planning and Zoning Commission, the Aspen/Pitkin County Housing Board, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the UlIr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for
the existing lodge to be converted to a 27-unit multi -family building, is approved subject to
the conditions of approval described hereinafter.
1. A PUD Agreement shall be recorded within 180 days of the final approval by
City Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted
by City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers
for physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during
and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
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a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any ftiture improvement districts formed
for the purpose of constructing improvements in adjacent public rights -of -
way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four
persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and
not within public rights -of -way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the Aspen/Pitkin County Housing Authority
shall inspect the units to determine if the units comply with the representations
made in the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
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14. All improvements must meet the Uniform Code for BUilding Conservation
(UCBC) standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of
a sidewalk in front of the existing parking area. This sidewalk will
exist on an easement within property boundaries. The sidewalk will
conform to City of Aspen Standards, including the design and
location, and will include the installation of curb. The sidewalk will
also have tree well grates to allow for the existing trees to stay. This
sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets. The
applicant shall avoid damage to the existing conifer by "ramping" the
sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to
this property, including planting grass seed. A suggested type of grass that may
do well in this area is a turf -type tall fescue. An irrigation system is not required
for the Right-of-way. If one is proposed, then the system must be approved by
the Parks Department prior to installation to avoid or minimize impacts to the
existing street trees.
18. The area between the building's existing wall and the sidewalk fronting Main
Street shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge
to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced
before they are connected to the ACSD sanitary lines.
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22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
23. The Ullr Lodge/Commons employer owners shall provide (1) rent incentives for
employees without cars, (2) subsidized RFTA transportation passes, and (3)
rental preferences to employees without an automobile.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, Historic
Preservation Commission, Housing Board, or City Council, are hereby incorporated in such
plan development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 28th day of February, 2000.
Attest:
Kathryn S. Koch, City Clerk Rachel Richards, Mayor
FINALLY, adopted, passed and approved this 27h day of March, 2000.
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Attest:
Kathryn S. Koch, City Clerk Rachel Richards, Mayor
Approved as to form:
John Worcestor, City Attorney
CAhome\nickI\Acfive CasesUir Lodge\CC Ordinance.doc
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EXHIBIT A
ULLR PUD, SUBDIVISION, & GMQS EXEMPTION
REVIEW CRITERIA & STAFF FINDINGS
26.445.050 Review Standards: Consolidated PUD
A development application for Conceptual, Final, Consolidated Conceptual and Final, or
Minor PUD shall comply with the following standards and requirements. Due to the
limited issues associated with Conceptual Reviews and properties eligible for Minor
PUD Review, certain standards shall not be applied as noted. The burden shall rest upon
an applicant to show the reasonableness of the development application, and its
conformity to the standards and procedures of this Chapter and this title.
A. General requirements.
The proposed development shall be consistent with the Aspen Area
Community Plan.
Staff Finding
The Aspen Area Community Plan's housing philosophy states that "the private sector
must be encouraged financially and morally to solving the [housing] problem (p. 19y,
The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and
operated affordable housing units implements this philosophy. In addition, it is
consistent with the plan by taking the burden off of the Housing Authority to provide
affordable units.
The AACP encourages the provision of employee housing within the Aspen Metro Area,
which this proposal would achieve. It increases the community's stock of affordable
housing units without consuming public monies.
The proposal also implements the plan's transportation philosophy, which calls for
encouraging the use of transit and other alternative modes of travel. Providing
affordable housing near the downtown core and near a transit stop encourages residents
to walk, bike or take the bus for all local trips. This standard is appropriately addressed.
2. The proposed developmerit shall be consistent with the character of
existing land uses in the surrounding area.
Staff Finding
The project is consistent with the character of existing land uses in the area. The
location is on Main Street, which consists of a mix of land uses, including multi -family
buildings, lodges, single family homes, duplexes, shops and offices, and a park. There
will be minimal exterior changes to this project, so its character will remain unchanged.
This standard is addressed.
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3. The proposed development shall not adversely affect the future
development of the surrounding area.
Staff Finding
The nature of the project will not in any way adversely affect the future development of
the surrounding area. Changing the building from lodge to multi -family, building a
sidewalk along the property line on 5 1h Street, and removing the pool and pool room will
not impact the future developments in the area. This standard is addressed.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate
the proposed development and will be considered prior to, or in
combination with, final PUD development plan review.
Staff Finding
The development is exempt from GMQS because it is an affordable housing project with
only one free market residential unit. The project is exempt from GMQS because 26 dwelling
units will be deed restricted to affordable housing and one (1) unit will be free market.
Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more
than one residential unit will be created" A previous code interpretation of this section
stated that the one residential unit may be a free market unit. If approved, the affordable
housing units would receive 26 allocations from the Affordable Housing Base Allotment
Pool and the free market residential unit would receive one (1) allocation from the Free
Market Residential Base Allotment Pool.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional
requirements for all properties within the PUD as described in General
Provisions, Section 26.445.040, above. The dimensional requirements of the
underlying zone district shall be used as a guide in determining the
appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed
dimensional requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
a) The character of, and compatibility with, existing and expected
future land uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding
area such as steep slopes, waterways, shade, and significant
vegetation and landforms.
I I
d) Existing and proposed man-made characteristics of the property
and the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
The property is approximately 13,500 square feet. The existing and proposed floor
area are approximately 11,900 square feet. The Applicant requests that the existing
dimensions of the building be established under the PUD because only minor
changes will occur on site. There are no natural or man-made hazards on site.
Existing natural characteristics of the property will be preserved. Stephen
Ellsperman of the Parks Department evaluated the site. He identified significant
trees on the property which must be protected, as well as sick or inappropriately
planted trees. A condition of approval is that the Applicant include tree wells in the
sidewalk design, provide a sidewalk ramp over the roots of existing significant trees,
and obtain tree removal permits for the sick and inappropriately planted trees on the
property. The site's natural features will also be improved with landscaping on the
Main Street side of the property. The City Engineer recommended the Applicant be
required to build a sidewalk along the property from Main Street to the alley on 5"
Street.
The existing and proposed man-made characteristics of the property and the
surrounding area would not significantly change from this project.
Staff believes the proposed dimensions of this PUD to be appropriate and compatible
with the surrounding area.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to
the character of the proposed PUD and of the surrounding area.
Staff Finding
The project would not significantly change the dimensional requirements in any way. In
fact, the project would increase the quantity of open space on site by removing the pool
and pool room. These facilities would be replaced by a more usable court yard. Staff
believes the dimensional requirements permit a scale, massing and quantity of open
space and site coverage appropriate and favorable to the character of the proposed PUD
and of the surrounding area. This standard is addressed.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common
parking is proposed.
c) The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the
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commitment to utilize automobile disincentive techniques in the
proposed development.
d) The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
The 27-unit lodge currently has 16 on site parking spaces. Converting the lodge to a multi-
family building would likely increase the demand for parking on site and in the
neighborhood. Section 26.515 of the Land Use Code requires two (2) parking spaces for
multi -family use buildings; and one (1) space per dwelling unit is required if the unit is either
a studio or one -bedroom unit.
Therefore, 36 parking spaces would be required for this 27-unit multi -family building. The
spaces are located on the Ullr's property in the alley and along 5"' Street in the public right-
of-way. There is no room on site to increase the number of parking spaces. The Applicant
requests to establish the existing 16 parking spaces under the PUD. The Applicant has also
confirmed that the employer owners have agreed to encourage reduced car ownership by
implementing at least one of the following concepts with their employees in the building.
a. Rent incentive for employees without cars.
b. Charge employees with cars for parking.
c. Create attractive car rental rates for employees who have no personal car.
d. Subsidize transportation passes.
e. Give rental preferences to employees without an automobile.
However, Community Development Staff strongly believes that because there is a
serious deficiency of on -site parking spaces, the Applicant should be required to
implement at least three of the above concepts. Specifically, staff believes that (a) rent
incentives for employees without cars, (d) subsidized RFTA transportation passes, and
(e) rental preferences to employees without an automobile should be required and be
made conditions of approval.
Tim Ware, Director of Parking Control, believes that there will be more individuals
occupying the building more of the time, which will result in more cars parking on site
and in the neighborhood. Mr. Ware recommends imposing a condition of approval that
requires the maximum number of residential parking permits. allowed for the Ullr
Lodge's residents be limited to a maximum of 36. He is concerned that without this
restriction a resident may own, for example, four (4) cars and obtain resident parking
permits for all 4; currently, there is no limitation on the number of parking permits a
resident may obtain, although this issue is under review by City Council. He also
strongly supports rent incentives for residents that do not own cars.
Staff, however, is not supportive of reducing the street parking passes in a manner
different from that offered to the general public. City Council does have the authority to
limit the street permits for this project, especially considering the project is being
reviewed as a PUD. However, a policy that is driven by the affordability of one's home
does raise some concern and such a condition would set a precedent for affordable
13
housing. Staff believes the street parking issues this community faces should be
addressed as a topic and applied uniformly to residences, regardless of affordability.
Finally, staff believes that providing employee housing in this location will more than
offset any need for additional parking that may be created by this project, but also
strongly supports the incentives employers will provide to their tenants to discourage car
ownership. The property is ideally situated for pedestrian and mass -transit use. Parks,
sidewalks, public transit and the downtown core are all easily accessed from this location
on foot, bus, and bike.
4. The maximum allowable density within a PUD may be reduced if there
exists insufficient infrastructure capabilities. Specifically, the maximum
density of a PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or
other utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow
removal, and road maintenance to the proposed development.
Staff Finding
There are no infrastructure capacity issues that would prohibit the amount of
development being considered. Staff does not recommend any reductions in the
development being proposed.
5. The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a PUD may be reduced if -
a) The land is not suitable for the proposed development because of
ground instability or the possibility of mud flow, rock falls or
avalanche dangers.
b) The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion, and
consequent water pollution.
c) The proposed development will have a pernicious effect on air
quality in the surrounding area and the City.
d) The design and location of any proposed structure, road,
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
There are no known natural hazard or site limitations that prohibit the amount of
development being considered. Staff does not recommend any reductions to the
proposed development based on this standard.
6. The maximum allowable density within a PUD may be increased if there
exists a significant community goal to be achieved through such increase
and the development pattern is compatible with its surrounding
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development patterns and with the site's physical constraints.
Specifically, the maximum density of a PUD may be increased if -
a) The increase in density serves one or more goals of the
community as expressed in the Aspen Area Community Plan
(AACP) or a specific area plan to which the property is subject.
b) The site's physical capabilities can accommodate additional
density and there exists no negative physical characteristics of the
site, as identified in subparagraphs 4 and 5, above, those areas
can be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development
pattern compatible with, and complimentary to, the surrounding
existing and expected development pattern, land uses, and
characteristics.
Staff Finding
The applicant is not requesting an increase in density beyond what is allowed within the
PUD although a significant community goal — affordable housing — is being achieved
through this development. In addition, the site's physical capabilities can accommodate
the multi -family residential use with the life -safety improvements to the building, and
the development pattern is compatible with and complimentary to the area.
C Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or
contribute to the identity of the town are preserved or enhanced in an
appropriate manner.
Staff Finding
The proposed development complies with the man-made features on the site and does
not detract from the site's natural features or visual interest. It contributes to the town's
identity by preserving the existing building, and would provide more ftmctional open
space for residents.
2. Structures have been clustered to appropriately preserve significant
open spaces and vistas.
Staff Finding
No new structures are proposed in the application. Open space on site will be enhanced
by the expansion of a functional courtyard. This project will not affect open spaces or
vistas in any way.
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3. Structures are appropriately oriented to public streets, contribute to
the urban or rural context where appropriate, and provide visual
interest and engagement of vehicular and pedestrian movement.
Staff Finding
No significant changes are proposed to the existing structure, so this standard is not
applicable. The existing building is oriented to Main Street and contributes to the urban
context of the neighborhood, and provides visual interest to vehicular and pedestrian
movement. Removing the poolroom and creating a more functional open space will
enhance the building's visual interest.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
Staff Finding
This existing building and access ways are appropriately arranged to allow emergency
and service vehicle access. This criterion is addressed.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
A condition of approval, agreed to by the Applicant, will be the construction of a new
sidewalk from Main Street to the alley along the property line at the owner's expense.
This sidewalk will help provide adequate pedestrian access to the building and
neighborhood.
6. Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
Staff Finding
Drainage should not be affected to any degree because additional impervious surfaces
are not being proposed by this development. In fact, removing the poolroom and
expanding the courtyard may increase the site's drainage. This development should not
increase the site's drainage impact on surrounding properties.
7. For non-residential land uses, spaces between buildings are
appropriately designed to accommodate any programmatic functions
associated with the use.
Staff Finding
The building will be for a multi -family residential land use; hence, this standard is not
applicable.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the city, with surrounding parcels,
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and with existing and proposed features of the subject property. The
proposed development shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an
ample quantity and variety of ornamental plant species suitable for
the Aspen area climate.
2. Significant existing natural and man-made site features, which
provide uniqueness and interest in the landscape, are preserved or
enhanced in an appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
A condition of approval will be the planting of grass seed and landscaping the building's
fa�ade fronting Main Street. Significant existing natural and man-made site features will
be preserved. Specifically, the new sidewalk will include tree wells and a ramp over tree
roots to protect and preserve existing trees. Existing landscaping in the court yard will
not be affected by this development, although additional landscaping may be provided in
and around the space created by the removal of the pool room.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest,
variety, character, and visual identity in the proposed development and
within the City while promoting efficient use of resources. Architectural
character is based upon the suitability of a building for its purposes,
legibility of the building's use, the building's proposed massing, proportion,
scale, orientation to public spaces and other buildings, use of materials, and
other attributes which may significantly represent the character of the
proposed development. There shall be approved as part of the final
development plan an architectural character plan, which adequately depicts
the character of the proposed development. The proposed architecture of
the development shall:
Be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical
and cultural resources.
Staff Finding
The proposed development does not change the existing building*s architecture.
2. Incorporate, to the extent practical, natural heating and cooling by
taking advantage of the property's solar access, shade, and vegetation
and by use of non- or less -intensive mechanical systems.
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Staff Finding
The physical changes proposed to the building include improving solar access and
increasing natural light to several units by increasing window sizes and installing new
window wells. This criterion is addressed.
3. Accommodate the storage and shedding of snow, ice, and water in a
safe and appropriate manner that does not require significant
maintenance.
Staff Finding
Existing storage of shedding snow, ice and water is accomplished in an appropriate
manner, and the proposed development will not impact the storage or maintenance of the
current facility. Roof overhangs extend beyond walkways, and the entrance to each unit
is covered.
F. Lighting.
The purpose of this standard is to ensure the exterior of the development
will be lighted in an appropriate manner considering both public safety and
general aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up -lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited
for residential development.
Staff Finding
All new lighting for the proposed addition will be down directional and in compliance
with the City's lighting code and Uniform Building Code for safety. The new lighting
will be designed to minimize glare onto adjacent properties.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or
recreation area for the mutual benefit of all development in the proposed
PUD, the following criteria shall be met:
1 . The proposed amount, location, and design of the common park,
open space, or recreation area enhances the character of the
proposed development, considering existing and proposed structures
and natural landscape features of the property, provides visual relief
to the property's built form, and is available to the mutual benefit of
the various land uses and property users of the PUD.
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2. A proportionate, undivided interest in all common park and
recreation areas is deeded in perpetuity (not for a number of years)
to each lot or dwelling unit owner within the PUD or ownership is
proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument
for the permanent care and maintenance of open spaces, recreation
areas, and shared facilities together with a deed restriction against
future residential, commercial, or industrial development.
Staff Finding
This standard is not applicable because the proposed development does not include a
park, open space or recreation area.
H. Utilities and Publicfacilities.
The purpose of this standard is to ensure the development does not impose
an undue burden on the City's infrastructure capabilities and that the
public does not incur an unjustified financial burden. The proposed utilities
and public facilities associated with the development shall comply with the
following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
Staff Finding
All appropriate utility agencies and the City Engineer were referenced on this application
and reported the ability to serve this project. A condition of approval will be to require
the Applicant to submit a complete set of wastewater plans for the Ullr Lodge to the
Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary
laterals need to be inspected with a television line to see if there is any interference
from roots. If they have blockage, then the lines shall be replaced before they are
connected to the ACSD sanitary lines. Water and ACSD fees will be due at the time
of building permits.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the
developer.
Staff Finding
A condition of approval shall be that the Ullr owner(s) mitigate any public impacts that
this project causes, including but not limited to utility expenses and sanitary sewer and
water lines.
3. Oversized utilities, public facilities, or site improvements are
provided appropriately and where the developer is reimbursed
proportionately for the additional improvement.
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Staff Findin
No oversized utility stubs were requested to be installed with this development.
L Access and Circulation. (Only standards 1&2 apply to Minor PUD
applications)
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
1. Each lot, structure, or other land use within the PUD has adequate
access to a public street either directly or through an approved private
road, a pedestrian way, or other area dedicated to public or private
use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
the proposed development, or such surrounding roads are proposed to
be improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access
to significant public lands and the rivers are provided through dedicated
public trail easements and are proposed for appropriate improvements
and maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths,
and transportation are proposed to be implemented in an appropriate
manner.
5. Streets in the PUD which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD, or
for lots within the PUD, are minimized to the extent practical.
Staff Finding
The application does not propose any changes to the form or nature of access to public
streets, other than the condition of approval to construct a new sidewalk along 5"' Street
from Main Street to the alley. The sidewalk will improve pedestrian circulation in and
around the site and neighborhood. Trail and existing roads will not be impacted by this
development other than the potential for increased parking by tenants with resident
parking permits in the neighborhood.
J. Phasing of Development Plan. (does not apply to Conceptual PUD
applications)
The purpose of this criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of
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the development plan is proposed, each phase shall be defined in the
adopted final PUD development plan. The phasing plan shall comply with
the following:
1. All phases, including the initial phase, shall be designed to function as
a complete development and shall not be reliant on subsequent
phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees -
in -lieu, construction of any facilities to be used jointly by residents
of the PUD, construction of any required affordable housing, and
any mitigation measures are realized concurrent or prior to the
respective impacts associated with the phase.
Staff Finding
This standard is not applicable because there will only be one phase.
26.480.050 Review Standards: Subdivision
A development application for subdivision review shall comply with the
following standards and requirements:
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
C. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Finding
The proposed subdivision is consistent with the AACP, particularly concerning the
housing and transportation philosophies. It is also consistent with existing land uses in
the area, will not adversely affect future development of surrounding areas, and is in
compliance with all applicable requirements of this Title.
The AACP housing philosophy states that "the private sector must be encouraged
financially and morally to solving the [housing] problem (p. 19)." The Carbondale
Affordable Housing Corporation's proposal for 26 employer owned and operated
affordable housing units implements this philosophy. In addition, it is consistent with
the plan by taking the burden off of the Housing Authority to provide affordable units.
21
The AACP encourages the provision of employee housing within the Aspen Metro Area,
which this proposal would achieve. It increases the community's stock of affordable
housing units without consuming public monies.
The proposal also implements the plan's transportation philosophy, which calls for
encouraging the use of transit and other alternative modes of travel. Providing
affordable housing near the downtown core and near a transit stop encourages residents
to walk, bike or take the bus for all local trips. Thisstandard is appropriately addressed.
B. Suitability of landfor subdivision.
a. Land suitability. The proposed subdivision shall not be located
on land unsuitable for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will
be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatialpattern 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 Finding
The proposed subdivision involves changing the use of an existing building from lodge
to multi -family residential. This land is suitable for the change in use because of its
location near the center of town, public transit, and sidewalks, and existing utilization of
public facilities and services. Intensification of the building's use will increase the
efficiency of public facilities because they are already provided to this site and capable
of accommodating expanded demands by residents.
C. Improvements. The improvements set forth at Chapter 26.580 shall
be provided for the proposed subdivision. These standards may be varied by
special review (See, Chapter 26.430) if the following conditions have been
met:
1. A unique situation exists for the development where strict adherence
to the subdivision design standards would result in incompatibility with the
Aspen Area Comprehensive Plan, the existing, neighboring development
areas, and/or the goals of the community.
2. The applicant shall specify each design standard variation requested
and provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
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Staff Finding
The Application is to utilize the existing Ullr Lodge "as is" with minor changes,
including removing the pool and poolroom. The Applicant is not requesting additional
variations to the subdivision design standards.
D. Affordable housing. A subdivision which is comprised of replacement
dwelling units shall be required to provide affordable housing in compliance
with the requirements of Chapter 26.520, Replacement Housing Program. A
subdivision which is comprised of new dwelling units shall be required to
provide affordable housing in compliance with the requirements of Chapter
26.470, Growth Management Quota System.
Staff Finding
The Ullr Lodge is being converted from a lodge to a 27-unit multi -family building,
including 26 deed restricted affordable housing units. This standard is appropriately
addressed.
E. School Land Dedication. Compliance with the School Land
Dedication Standards set forth at Chapter 26.630.
Staff Finding
School impact fees for the creation of 27 dwelling units will be approximately
$11,091.60. Fees are assessed for studio/ I -bedroom, 2-bedroom, and 3 or more bedroom
dwelling units, but not for dorm units.
Table 1. School Impact Fees for 27 units.
Unit Type
Dedication
Requirement (sq. ft)
Land
Value
Fee per Unit
Number
Total
Lodge/Dorm
0
0
0
10
0
Studio/1 -bedroom
52
$2.70
$140.40
7
$982.80
2-bedroom
416
$2.70
$1,123.201
91
$10,1 .
13-bedroom
1 707
$2.70
$1,908.901
11
$1,908.90
ITotal Impact Fee
1
1 271
$11,091.60
Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for
Affordable Housing
J. Affordable housing. All affordable housing deed restricted in accordance
with the housing guidelines of the City Council and its housing designee shall be
exempt. The review of any request for exemption of housing pursuant to this
Section shall include a determination of the City's need for such housing,
considering the proposed development's compliance with an adopted housing
plan, the number of dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of bedrooms in each
unit, the size of the dwelling unit, the rental/sale mix of the proposed
23)
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development, and the proposed price categories to which the dwelling units are
to be deed restricted. This exemption is deducted from the respective annual
development allotment established pursuant to Section 26.470.040 and from the
Aspen Metro Area development ceilings established pursuant to Section
26.470.030. Review is by City Council.
Staff Finding
The project is exempt from GMQS because 26 dwelling units will be deed restricted to
affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in
Use allows the project to be exempt as long as "No more than one residential unit will be
created." A previous code interpretation of this section stated that the one residential unit
may be a free market unit. This standard is addressed for this project to be GNIQS exempt.
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EXHIBIT B
REFERRAL COMMENTS
MEMORANDUM
To: Nick Lelack, Planner
From- Ben Ludlow, Project Engineer
Reference DRC Caseload Coordinator
Date- February 2, 2000
Re- Ullr Lodge (Draft Response)
The Development Review Committee has reviewed the Ullr Lodge application at their
Jaiivary 19, 2000 meeting, and has compiled the following comments:
General
1. Sufficiency of Submittal: DRC comments are based on the fact that we believe
that the submitted site plan is accurate, that it shows all site features, and that it is feasible.
The wording must be carried forward exactly as written unless prior consent is received from
the Engineering Department. This is to alleviate problems related to approvals tied to
"issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment license
requirements.
Site Review
I . Site Drainage — Requirement — The drainage report submitted with the
application is insufficient. The site development approvals must include the requirement
meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a
requirement that, prior to the building permit application, a drainage mitigation plan
(24"06" size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for review and
approval by the Engineering Department. The mitigation plan must also address the
temporary sediment control and containment plan for the construction phase. If drywells are
an acceptable solution for site drainage, a soils report must be provided with a percolation
test to verify the feasibility of this type of system. Drywells have depths well below depth of
frost (10' minimum) to fimction in cold weather. The drainage plan must contain a statement
specifying the routine maintenance required by property owner(s) to ensure continued and
proper performance. Drywells may not be placed within public right of way or utility
easements. The foundation drainage system should be separate from storm drainage, must be
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detained and routed on site, and must be shown on drainage plans prior to application for
building permit. The drainage may be conveyed to existing landscaped areas if the drainage
report demonstrates that the percolation rate and the detention volume meet the design storm.
Information — The City drainage criteria needs to implemented. This
includes but is not limited to erosion control, soil stabilization, and vegetation disturbance.
Also, there needs to be an analysis of where the drainage will flow and what adverse affects
may arise from potential mud and debris flow.
2. Sidewalk, Curb, and Gutter — Requirement- The submitted plat does not show
the installation of curb, gutter, and sidewalk along roadways. As of the request of the
Engineering Department revisions need to be made, if urban design features are proposed, as
follows:
a. All streets and access roads need to have curb and gutter upgrades that comply
with City of Aspen standards unless already approved by the City Engineering
Department.
b. All streets and access roads need to have sidewalks that comply with City of
Aspen standards.
c. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist on
an easement within property boundaries. The sidewalk will conform to
City of Aspen Standards and will include the installation of curb. The
sidewalk will also have tree well grates to allow for the existing trees to
stay. This sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets.
3. Fire Protection District — Information — The application states that all of the
office space, retail space, and employee housing will be sprinkled. As of the request of the
Fire Protection District revisions need to be made as follows:
a. There should be maintenance of the existing fire alarms in the building to avoid
failure.
b. The installation of Residential Sprinkler Systems is requested, but may not be
bound by local codes. There may be a required installation of Residential
0161
0
Sprinkler Systems in the new 1900 sf area that will be upgraded to three new
units.
4. Parks Department — Information -
The Main Street right-of-way adjacent to this property has been neglected for years. It
should be a condition of approval for the PUD that the applicant improves the ROW and
maintain it regularly. The only improvement that will be required is grass seeding. A
suggested type of grass that may do well in this area is a turf -type tall fescue. An irrigation
system is not required for the ROW. If one is proposed, then the system must be approved
by the Parks Department prior to installation to avoid or minimize impacts to the existing
street trees. It is already a municipal law that the adjacent property owner is responsible for
maintenance of the ROW. Maintenance responsibilities include irrigating and grass
trimming. The City is responsible for street tree maintenance including tree trimming and
installation.
The City Forester has approved the removal of one dying tree near the alley between Main
and Bleeker Streets. This approval will allow for the continuation of the required sidewalk to
the alley. Also, the City Forester has requested that for the extension of the sidewalk to Main
Street, the applicant should avoid damage to the existing conifer by "ramping" the sidewalk
over the existing ground. Finally the City Forester would like to have landscaping between
the existing wall on Main Street and the existing sidewalk. This landscaping should be
similar to the landscaping along the Main Street Parkway.
5. Utilities (General) — Information — All use of City utilities must be planned
accordingly.
6. Streets Department — Requirement - As of the request of the Engineering
Department revisions need to be made as follows:
a. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
7. Utilities:
- Water:
City Water Department
Requirement —
a. All uses and construction will comply with the City of Aspen Water
System Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
27
a 0
Wastewater:
Aspen Consolidated Waste District
Requirement — As a request of the Consolidated Waste District, revisions
need to be made as follows:
a. A set of plans for the Ullr Lodge must be given to Peg in the ACSD office
for review.
b. The clay tile sanitary laterals need to be inspected with a television line to
see if there is any interference from roots. If they have blockage, then the
lines need to be replaced before they can be connected to the ACSD
sanitary lines.
Construction:
Work in the Public Right of Way
Requirement — Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
Approvals
1. Engineering: The applicant receives approval from the City Engineering Department
(920-5080) for design of improvements, including landscaping, within
public rights of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for tree removal permits, landscaping in the ROW, vegetation
species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department (920-
5130) for mailboxes, streets, and alley.
4. Permits: Obtain permits for any work or development, including street cuts,
landscaping, within the public rights of way from the city community
development department.
DRC Attendees
Staff. Nick Adeh Applicant's Representative: Katie Updike
Ed Van Walraven
Nick Lelack
Tom Bracewell
Phil Overynder
Ben Ludlow
Becca Schickling
28
4 mej.
Time "WINI
LLIM
-- ,, I
TTI-, "lq,,, P, *� —
Phi kt, U's c
0
County of Pitidn I AFFIDAVIT OF NOTICE PURSUANT
I 3s. TO ASPEN LAND USE REGULATION
State of Colorado ) SECTION 26-304.060 (E)
being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060 P of the Aspen Land Use Regulations in the
following manner:
I. By maifing of notice, a copy of which is attached hereto, by first-class, Postage prepaid
a
U.S. Mail to all owners of property with three hundred (30.0) feet of the subject
property, a . s indicated on the attached list, on the �&_ LY YVol(which is
days prior to the public hearing date offalz".
A5700
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the day of glae�a (Must be posted for at least ten (10) full
days before the hearina date
A photograph of rhe posted sign is attached hereto.
45
(Attach photograph here)
Si-ndturc
Siane . d before me this 4Z ___day
xng�_'d b
�Jo y
WIT-NESS MY; OFFICLA.L SEAL
My commissio
imp/ /I/
-NUP
Notary �ublic
Commission expires
2/28/2001
611 el
/ 11il'o-
4 40\-
PUBLIC NOTICE
RE: ULLR LODGE PLANNED UNIT DEVELOPMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on March 27, 2000 at
a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City
Hall, 130 South Galena, Aspen, to consider an application submitted by Carbondale
Affordable Housing Corporation, requesting approval of an application for a Minor
Planned Unit Development, Special Review for Parking, Subdivision, and Growth
Management Quota System Exemption for Affordable Housing. The Property is
commonly known as the Ullr Lodge, and is described as Lots K, M, N and the west half
of 0, Block 30, of the City and Townsite of Aspen. For further information contact Nick
Lelack at the Aspen /Pitkin Community Development Department, 130 South Galena St.,
Aspen, CO (970) 920-5095.
S/Rachel E. Richards, Mayo
Aspen City Council
Published in the Aspen Times on March 10, 2000
City of Aspen Account
0 0
KRUIDENIER DAVID & ELIZABETH 01 CITY OF ASPEN MANCLARK DARLEEN
3409 SOUTHERN HILLS DR 130 S GALENA ST 313 BAY FRONT
DES MOINES IA 50321 ASPFN (-,0 816311 BALBOAISLAND CA 92662
HAYES MARY E LEBLANC SHERIE MATILDA OLSHAN BURTON D 1/2
209 E BLEEKER ST 105 PTARMIGAN OLSHAN KATHLEEN W 1/2
ASPEN CO 81611 BASALT GO 81621 5408 OLD LEEDS RD
BIRMINGHAM AL 35210
.0
TOMCICH WILLIAM WOOD HELENA ASPEN MTN RESCUE
PO BOX 1498 C/O AMBIANCE LTD 630 W MAIN ST
ASPEN CO 81612-1498 1548 SLOCUM ST ASPEN CO 81611
DALLAS TX 75207-3615
YOUNG DONALD L
RUDOLPH RICHARD E
DUNSDON S MICHAELE
617 W MAIN ST
PO BOX 3080
BORKENHAGEN DAVID A
ASPEN CO 81611
CAREFREE AZ 85377
PO BOX 2225'
ASPEN CO 81612
THROM ROBERT & PHYLISS 1/2 INT
THROM DOUGLAS 1/2 INT
IGLEHART JIM
IGLEHART JIM
617 W MAIN ST
617 W MAIN ST
610 W HALLAM ST
ASPEN CO 81611
ASPEN GO 81611
ASPEN CO 81611
KOELLE ALICE
KLEIN DEBBIE
HAISFIELD MICHAEL DOUGLAS &
PO BOX 2871
A COLORADO CORPORATION
HAISFIELD LISA YERKE
ASPEN CO 81612
546 MCSKIMMING RD
435 W MAIN ST
ASPEN GO 81611
ASPEN CO 81611
ASPEN HISTORICAL SOCIETY
NATIONWIDE THEATRES
CITY OF ASPEN
620 W BLEEKER ST
CORPORATION
130 S GALENA ST
ASPEN CO 81611
A CALIFORNIA CORPORATION
'120
ASPEN CO 81611
N ROBERTSON BLVD
LOSANGELES CA 90048
HILLMAN DORA B TRUST
FISCHER SISTIE
HILLMAN TATINALL LEA
504 W BLEEKER
442 W BLEEKER
504 W BLEEKER ST
ASPEN GO 81611
ASPEN GO 81611
ASPEN GO 81611
FELD ANNE S SMALL AND LARGE FRIES LLC FERGUS ELIZABETH DAWSON
1700 PACIFIC AVE STE 4100 1265 MOUNTAIN VIEW PO BOX 1515
DALLAS TX 75201 ASPEN GO 81611 ASPEN GO 81612
BAILEY RYAN 1994 TRUST 50% BAILEY RYAN 1994 TRUST 50% LEVINVVILLIAM A REV LIVING TRUST
C/O JANUS CAPITAL C/O JANUS CAPITAL 1 PENN PLZ STE 725
620 E COOPER 620 E COOPER NEWYORK NY 10119-0799
ASPEN CO 81611 ASIDEN CO 81611
MAC DONALD BETTE S TRUST CROCKETT ANN R TRUSTEE OF THE STRANDBERG JOHN J & JANE T
15 BLACKMER RD PRICE LIVING TRUST 2510 GRAND AVE APT 2403
ENGLEWOOD CO 80110 10898 MORA DR KANSAS CITY MO 64108
1 0',-, A[ I()'-, I III I!-, CA 94024
ULLIR LODGE INC ILGEN EILEEN L & JACK D & ELOISE RANKIN CONSULTING LLC
A COLORADO CORPORATION ILGEN IN JOINT TENANCY
520 W MAIN ST 518 W MAIN ST 336 VINE ST
ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611
BECK GLENN A BERR LLC VIEIRA LINDA 50% INTEREST
PO BOX 1102 611 W MAIN ST HALL TERESA 50% INTEREST
VICTORVILLE CA 92392 ASPEN CO 81611 605 W MAIN ST
ASPEN CO 81611
VIEIRA LINDA 50% INTEREST HUNTINGTON TRUST CO NA TRUSTEE
HALL TERESA 50% INTEREST VERLEGER MARGARET B & PHILIP K JR C/O W IONAL CITY BANK ATTIN CE
605 W MAIN ST 105 MATTISON DR -4138
CONCORD MA 01742 WIGHTON
ASPEN CO 81611 155 E BROAD ST 5TH FLOOR
COLUMBUS OH 43251
501 WEST MAIN LLC CUNNINGHAM INVESTMENT CO INC AOYAMA TETSUJI
408 AABC #202 605 W MAIN ST AOYAMA AKIKO
ASPEN CO 81611 ASPEN CO 81611 6105 NE KESWICK DR
SEATTLE WA 98105
OSULLIVAN MIKE & LISA MADSEN MARTHA W ALH HOLDING COMPANY GUNNISON
PO BOX 4476 608 W HOPKINS AVE APT 9 A COLORADO CORPORATION
ASPEN CO 81612 ASPEN CO 81611 435 \"-'MAIN ST
ASP� CO 81611
BOOMERANG LTD
500 W HOPKINS AVE
ASPEN CO 81611
I
County of Pitkin
ss.
State of Colorado
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26304.060 (E)
being or representing an
I
Applicant to the City of .4spen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.3 ) 04-060 (E) of the Aspen Land Use Regulations in the
following manner:
I. By mailing of notice, a copy of which is attached hereto, by first-class, Postage prepaid
0
U.S. Mail to all owners of property with three hundred (300) feet of the subject
property, as indicated on the attached list, on the��Y Of i9,&WYZW (which is zc
days prior to the public hearing date of .3/
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible
0 continuously
from the e.41 L! day of r-o a 19&Q. (Must be posted for at least ten (10) full
days before the hearing date). A photograph of the posted sign is attached hereto.
z
(Attach photograph here)
Sigrfature
Sianed before me this
day
y
. L - LJ i0a /'4<'c-
WITNESS MY HAND AND OFFICIAL SEAL
My commission eAgfi�*W- �,
No, N.1-7.7KE-t,
;t JPHILIP
Noiarv'Pulilic'
Or (
VV Commission expires
64m.12003
PUBLIC NOTICE
RE: ULLR LODGE GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTION FOR AFFORDABLE HOUSING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March
15, 2000 at a meeting to begin at 5:00 p.m. before the Aspen/ Pitkin County Housing
Board, at Plaza 1, 530 East Main Street, Aspen, to consider an application submitted by
the Carbondale Affordable Housing Corporation for a Growth Management Quota
System Exemption for Affordable Housing. The property is commonly known as -the
Ullr Lodge, and is described as Lots K, M, N, and the west half of 0, Block 30, City and
Townsite of Aspen. For further information, contact Nick Lelack at the Aspen/Pitkin
County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5095, nickl@ci.aspen.co.us.
s/Jackie Kasabach, Chair
Aspen/Pitkin County Housing Authority Board
Published in the Aspen Times on February 25, 2000
City of Aspen Account
8 0
0
MAC DONALD BETTE S TRUST
15 BLACKMER RD
ENGLEWOOD CO 8011 o
ULLR LODGE INC
A COLORADO CORPORATION
520 W MAIN ST
ASPEN CO 81611
BECK GLENN A
PO BOX 1102
VICTORVILLE CA 92392
VIEIRA LINDA 50% INTEREST
HALL TERESA 50% INTEREST
605 W MAIN ST
ASPEN CO 81611
501 WEST MAIN LLC
408 AABC #202
ASPEN CO 81611
OSULLIVAN MIKE & LISA
PO BOX 4476
ASPEN CO 81612
BOOMERANG LTD
500 W HOPKINS AVE
ASPEN CO 81611
10
CROCKETT ANN R TRUSTEE OF THE
PRICE LIVING TRUST
10898 MORA DR
LOS ALTOS HILLS CA 94024
ILGEN EILEEN L & JACK D & ELOISE
ILGEN IN JOINT TENANCY
518 W MAIN ST
ASPEN CO 81611
BERR LLC
611 W MAIN ST
ASPEN CO 81611
VERLEGER MARGARET 8 & PHILIP K JR
105 MATTISON DR
CONCORD MA 01742-4138
CUNNINGHAM INVESTMENT CO INC
605 W MAIN ST
ASPEN CO 81611
MADSEN MARTHA W
608 W HOPKINS AVE APT 9
ASPEN CO 81611
STRANDBERG JOHN J & JANE T
2510 GRAND AVE APT 2403
KANSAS CITY Mo 64108
RANKIN CONSULTING LLC'
336 VINE ST
ASPEN CO 81611
VIEIRA LINDA 50% INT��E�f
HALL TERESA 50% INTEREST
605 W MAIN ST
ASPEN CO 81611
HUNTINGTON TRUST CO NA TRUSTEE
C/O NATIONAL CITY BANK ATTN.CE
WIGHTON
155 E BROAD ST 5TH FLOOR
COLUMBUS OH 43251
AOYAMA TETSUJI
ACYAMA AKIKO
6105 NE KESWICK DR
SEATTLE WA 98105
ALH HOLDING COMPANY GUNNISON
A COLORADO CORPORATION
435 W MAIN ST
ASPEN CO 81all
KRUIDENIER DAVID & ELIZABETH S CITY OF ASPEN MANCLARK DARLEEN
3409 SOUTHERN HILLS DR 130 S GALENA ST 313 BAY FRONT
DES MOINES IA 50321 ASPEN CO 81611 BALBOAISLAND CA 92662
HAYES MARY E LEBLANC SHERIE MATILDA OLSHAN BU RTON D 1/2 --
209 E SLEEKER ST 105 PTARMIGAN OLSHAN KATHLEEN W 1/2
ASPEN CO 81611 BASALT CO 81621 5408 OLD LEEDS RD
BIRMINGHAM AL 35210
TOMCICH WILLIAM WOOD HELENA
PO BOX 1498 C/O AMBIANCE LTD ASPEN MTN RESCUE
ASPEN CO 81612-1498 1548 SLOCUM ST 630 W MAIN ST
DALLAS TX 75207-3615 ASPEN CO 81611
YOUNG DONALD L RUDOLPH RICHARD E DUN�DON S'MICHAELE
617 W MAIN ST PO BOX 3080 BORKENHAGEN DAVID A
ASPEN CO 81611 CAREFREE AZ 85377 PO BOX 222�
ASPEN CO 81612
THROM ROBERT & PHYLISS 1/2 INT
THROM DOUGLAS 1/2 INT
IGLEHART JIM
IGLEHART JIM
617 W MAIN ST
617 W MAIN ST
610 W HALLAM ST
ASPEN CO 81611
ASPEN CO 81611
ASPEN CO 81611
KOELLE ALICE
KLEIN DEBBIE
HAISFIELD MICHAEL DOUGLAS &
PO BOX 2871
A COLORADO CORPORATION
HAISFIELD LISA YERKE
ASPEN CO 81612
546 MCSKIMMING RD
435 W MAIN ST
ASPEN CO 81611
ASPEN CO 81611
ASPEN HISTORICAL SOCIETY
NATIONWIDE THEATRES
620 W SLEEKER ST
CORPORATION
CITY OF ASPEN
ASPEN CO 81611
A CALIFORNIA CORPORATION
130 S GALENA ST
120 N ROBERTSON BLVD
ASPEN CO 81611
LOSANGELES CA 90048
HILLMAN DORA 8 TRUST FISCHER SISTIE HILLMAN TATNALL LEA
504 W SLEEKER 442 W SLEEKER 504 W SLEEKER ST
ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611
FELD ANNE S SMALL AND LARGE FRIES LLC FERGUS ELIZABETH DAWSON
1700 PACIFIC AVE STE 4100 1265 MOUNTAIN VIEW
DALLAS TX 75201 PO BOX 1515
ASPEN CO 81611 ASPEN CO 81612
BAILEY RYAN 1994 TRUST 50% BAILEY RYAN 1994 TRUST 50%
C/O JANUS CAPITAL C/O JANUS CAPITAL LEVIN WILLIAM A REV LIVING TRUST
620 E COOPER 620 E COOPER 1 PENN PLZ STE 725
ASPEN CO 81611 ASPEN CO 81611 NEWYORK NY 10119-0799
MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager b,
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Directoovo
FROM: Nick Lelack, Plannepw
RE: Ullr Lodge/Commons Consolidated Planned Unit Development Review,
Subdivision, Special Review for Parking, and GMQS Exemption for
Affordable Housing, Ordinance No. -3, Series of 2000, First Reading
DATE: February 28, 2000
APPLICANT:
Carbondale Affordable Housing
Corporation
REPRESENTATIVE:
Katherine L. Updike, Building
Solutions, LLC
LOCATION:
520 West Main Street
ZONING:
Office, Historic District
CURRENT LAND USE:
Lodge — 27 units
PROPOSED LAND USE:
Multi -Family Residential — 26 AH
units, I free market unit
LOT SIZE:
13,439 sq. ft.
FAR:
Existing: 11,900 sq. ft.
Proposed: 11,900 sq. ft.
Allowable: 14,850 sq. ft
SUMMARY:
The purpose of this application is to change the Ullr
Lodge/Commons' land use from "lodge" to "multi-
family residential." Approval for this project
requires the establishment of a Planned Unit
Development (PUD), Subdivision to create 27
dwelling units, and GMQS Exemption for affordable
housing. The Historic Preservation Commission,
Planning and Zoning Commission and Housing
Board have recommended approval with conditions.
I
00
00
REVIEW PROCEDURE
Consolidated Conceptual and Final Review Planned Unit Development (2-Step Review):
An applicant may request and the Community Development Director may determine that
because of the limited extent of the issues involved in a proposed PUD in relation to
these review procedures and standards, or because of a significant community interest
which the project would serve, it is appropriate to consolidate conceptual and final
development plan review. The Community Development Director has determined that
the conversion of the existing Ullr Lodge to an employer owned and operated
affordable housing complex serves a significant community interest which the project
would serve, and the limited nature of physical changes to the building qualifies it for
the consolidated review. This two step process does not require approval of a
conceptual development plan, only review and approval of a final development plan by
the Planning and Zoning Commission and the City Council, with public hearings
occurring at both. The Planning and Zoning Commission shall recommend
approval, approval with conditions, or disapproval to the City Council.
Subdivision (2-Step Review): Approval of a subdivision requires the review and
recommendation for approval, approval with conditions or disapproval by the Planning
and Zoning Commission followed by a review and approval, approval with conditions or
disapproval by the City Council.
Special Reviewfor Parki : Section 26.304.050 allows combined reviews.. therefore, this
review is combined with the PUD review.
Growth Management Quota System Exemptionfor Affordable Housi : Exemption
requests for affordable housing or for free market residential, shall require review by the
Housing Board and final review by City Council.
STAFF COMMENTS:
Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L.
Updike of Building Solutions, LLC, has contracted to buy the Ullr Lodge. The Applicant
is requesting a consolidated Planned Unit Development (PUD) approval to convert the
existing lodge to a multi -family residential building, named Ullr Commons, that is owned
and operated by Aspen employers. The employers would purchase 26 units for the costs
incurred by the Applicant for purchase and upgrades. Subsequently, the employers will
deed restrict the units to Category 3 or 4. Resale of the units would be governed by an
appreciation cap of 3%. There will be 150 or greater square feet of net livable space in
each unit; in fact, the smallest unit is approximately 190 square feet. The Applicant
would sell one (1) unit on the free market.
The project is exempt from GMQS because 26 dwelling units will be deed restricted to
affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in
Use allows the project to be exempt as long as "No more than one residential unit will be
created" A previous code interpretation of this section stated that the one residential unit
2
00 010
may be'a free market unit. If approved, the affordable housing units would receive 26
allocations from the Affordable Housing Base Allotment Pool and the free market
residential unit would receive one (1) allocation from the Free Market Residential Base
Allotment Pool.
The exterior of the Lodge and Floor
Area Ratio would change only
slightly. On the exterior, the pool
and 200 square foot poolroom would
be removed and replaced with a
court yard. The interior space is
being upgraded for life safety code
variances and some units will be
improved to accommodate
permanent residents — others will
remain "dormitory" style units and
will have access to the facility's
common kitchen.
Converting the lodge to multi -family
residential requires the subdivision
of this property because more than three (3) dwelling units would be created; in fact, 27
dwelling units would be created. The Land Use Code does not treat the conversion of
existing units differently from newly built units. The greatest impact subdivision has on
this property is to subject it to the school and park impact fees, because residents will
place greater demands on the Aspen School District and City parks than tourists. The
school impact fees will be approximately $11,091.60 for 27 units. Park, water, and sewer
fees will be deten-nined at the time building permits are issued.
The City's PUD process allows all of a property's dimensional requirements to be
established through the final PUD. This includes parking, FAR, and setbacks. Special
Review for parking can be reviewed simultaneously with PUD review. None of the
building's dimensional requirements are proposed to be changed. Nevertheless, they
must be established as part of the PUD review.
Staff has reviewed this application against all of the applicable criteria and finds the
project to be in substantial compliance, primarily because of the limited nature of
physical changes occurring to the building. Section 26.515 of the Land Use Code
requires two (2) parking spaces for multi -family use buildings; and one (1) space per
dwelling unit is required if the unit is either a studio or one -bedroom unit. Therefore, 36
parking spaces would be required for a 27-unit building. Currently, the 27-unit Lodge
has 16 parking spaces. The spaces are located on the Ullr's property in the alley and
along 5" Street in the public right-of-way. Photographs of the existing spaces are shown
below.
3
so so
r, AA
rAw
. .......... . 111-11111A
Parking along 5th Street in public right-of-way. Parking in alley on the Lodge"s property.
There is no room on site to increase the number of parking spaces. The Applicant
requests to establish the existing 16 parking spaces for the new use. In addition, the new
owners shall encourage reduced car ownership by implementing at least one of the
following concepts with their employees in the building.
a. Rent incentive for employees without cars.
b. Charge employees with cars for parking.
c. Create attractive car rental rates for employees who have no personal car.
d. Subsidize transportation passes.
e. Give rental preferences to employees without an automobile.
Staff believes that because there is a serious deficiency of on -site parking spaces, the
Applicant should be required to implement at least three of the above concepts.
Specifically, staff believes that (a) rent incentives for employees without cars, (d)
subsidized RFTA transportation passes, and (e) rental preferences to employees
without an automobile should be required and be made conditions of approval.
Tim Ware, Director of Parking Control, believes that there will be more individuals
occupying the building more of the time, which will result in more cars parking on
site and in the neighborhood. Mr. Ware recommends imposing a condition of
approval that requires the maximum number of residential parking permits allowed
for the Ullr Lodge's residents be limited to a maximum of 36. He is concerned that
without this restriction a resident may own, for example, four (4) cars and obtain
resident parking permits for all 4; currently, there is no limitation on the number of
parking permits a resident may obtain, although this issue is under review by City
Council. He also strongly supports rent incentives for residents that do not own cars.
Staff, however, is not supportive of reducing the street parking passes in a manner
different from that offered to the general public. City Council does have the
authority to limit the street permits for this project, especially considering the project
is being reviewed as a PUD. However, a policy that is driven by the affordability of
one's home does raise some concern and such a condition would set a precedent for
affordable housing. Staff believes the street parking issues this community faces
4
00 *1*
should be addressed as a topic and applied uniformly to residences, regardless of
affordability.
In addition, the City Engineer recommends imposing a condition of approval
requiring the Applicant to construct a new sidewalk from Main Street along the
property line on 5" Street to the alley. This sidewalk would increase pedestrian
accessibility to and from the site and neighborhood to Main Street. The Parks
Department has reviewed the site and approved the design and location of the
sidewalk to minimize the impact on trees. The Applicant has agreed to this
condition. The employer owners will also lease spaces which encroach into the
public right-of-way on 5 th Street from the City. Photographs of the proposed
sidewalk location are shown below.
On February 9, 2000, the Historic Preservation Commission unanimously
approved the Ullr Lodge Minor Review to perform insignificant exterior changes to
the structure, which is not an historic landmark but is located in the Historic District.
On February 15, the Planning and Zoning Commission unanimously recommended
approval of the proposal with conditions. Commission Members asked the Applicant
to verify that the City Engineer does not want the curb cut near the Ullr's office
removed as part of the curb, gutter, and sidewalk improvements.
On November 3, the Housing Board recommended approval of the original request,
which was to expand the number of units from 27 to 30, and to deed restrict all 30
units. The Housing Board will revisit this issue at a public hearing on March 15 to
consider the revised application for a GMQS exemption for affordable housing.
Planning Staff recommends approval of the application for the following reasons.
(1) The City will gain 26 deed restricted affordable housing units, increasing the
community's stock of affordable housing.
so so
(2) The property is appropriately situated for employee housing because of its close
proximity to the downtown core, sidewalks, and public transit. Residents may
access these amenities on foot, bus, or bike. And, the employers have agreed to
implement at least one measure to encourage reduced car ownership by the
building's tenants. Tourists and existing tenants currently do not have any
incentive to not own a car and park it on -site.
(3) The Applicant is upgrading the building for all life safety related issues in
accordance with the Uniform Code for Building Conservation (UCBC) standards.
The UCBC applies more specifically to existing buildings than does the Uniform
Building Code, and is designed to safely preserve and utilize the community's
existing building stock.
(4) The only external changes to the building are improvements. The Applicant
plans to construct a new sidewalk and provide a handicap parking space in a
location where it otherwise would not currently be required. And, removing the
pool and pool house for a usable court yard improves usable open space on site
and viewable from Main Street.
RECOMMENDATION:
Staff is recommending approval of the Ullr Lodge PUD, Subdivision, Special
Review for Parking, and GMQS Exemption for Affordable Housing with the
following conditions:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
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4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit
set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed for
the purpose of constructing improvements in adjacent public rights -of -way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the
Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area. The
applicant shall inforin the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
employee units, a member of the Aspen/Pitkin County Housing Authority shall
inspect the units to determine if the units comply with the representations made in
the application.
13. Before issuance of a building pen -nit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the
applicant may pay this fee to the City Clerk who will record the resolution.
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14. All improvements must meet the Uniform Code for Building Conservation (UCBC)
standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment license
must be applied for and approved. The only way that the City of Aspen Engineering
Department will allow for an encroachment is if there is an improvement of the
existing parking/sidewalk situation. This improvement has been agreed upon by the
developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist on
an easement within property boundaries. The sidewalk will conform to
City of Aspen Standards, including the design and location, and will
include the installation of curb. The sidewalk will also have tree well
grates to allow for the existing trees to stay. This sidewalk will be placed
from the existing improved Main Street sidewalk to the alley between
Main and Bleeker Streets. The applicant shall avoid damage to the
existing conifer by "ramping" the sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this
property, including planting grass seed. A suggested type of grass that may do well
in this area is a turf -type tall fescue. An irrigation system is not required for the
Right-of-way. If one is proposed, then the system must be approved by the Parks
Department prior to installation to avoid or minimize impacts to the existing street
trees.
18. The area between the building's existing wall and the sidewalk fronting Main Street
shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
2 1. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to
the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced before
they are connected to the ACSD sanitary lines.
22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
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23. The Ullr Lodge/Commons shall be allocated a maximum of 36 resident parking
permits.
24. The Ullr Lodge/Commons employer owners shall provide (1) rent incentives for
employees without cars, (2) subsidized RFTA transportation passes, and (3) rental
preferences to employees without an automobile.
RECOMMENDED MOTION:
I move to approve the Ullr PUD, Subdivision, and Special Review for Parking to convert
the lodge to a multi -family residential building with 26 deed restricted affordable units and I
free market unit, at 520 West Main Street, on First Reading."
ATTACHMENTS:
Exhibit A Review Criteria and Staff Findings
Exhibit B Referral Agency Comments
Exhibit C Development Application
Exhibit D Planning and Zoning Commission Resolution
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ORDINANCE NO.
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE ULLR LODGE CONSOLIDATED PLANNED
UNIT DEVELOPMENT, SUBDIVSION, AND GROWTH MANAGEMENT QUOTA
SYSTEM EXEMPTION FOR AFFORDABLE HOUSING, 520 WEST MAIN
STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Carbondale Affordable Housing Corporation, under contract to purchase the
Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a
Consolidated Planned Unit Development (PUD), Subdivision, and Growth Management
Quota System Exemption for Affordable Housing to convert the lodge to a 27-unit multi-
family building, 26 of which will be deed restricted affordable housing units; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use
Code, the City Council may approve a Planned Unit Development, Subdivision, and
Growth Management Quota System Exemption for Affordable Housing during a duly
noticed public hearing after considering a recommendation from the Planning and Zoning
Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 9, 2000, the
Historic Preservation Commission approved, by a seven to zero (7-0) vote, the Ullr
Lodge Minor Review; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the
Aspen City Council approve the Ullr Lodge Consolidated Planned Unit Development
(PUD), Subdivision, Special Review for Parking, with conditions contained herein; and,
WHEREAS, during a duly noticed public hearing on March 15, 2000, the
Aspen/Pitkin County Housing Board recommended, by a _ to _ (_-_) vote, that the
Aspen City Council approve the Ullr Lodge Growth Management Quota System
Exemption for Affordable Housing, with conditions contained herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
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reviewed and considered the recommendation of the Historic Preservation Commission,
Planning and Zoning Commission, the Aspen/Pitkin County Housing Board, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance ftirthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section I
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for
the existing lodge to be converted to a 27-unit multi -family building, is approved subject to
the conditions of approval described hereinafter.
A PUD Agreement shall be recorded within 180 days of the final approval by
City Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted
by City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers
for physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during
and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
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a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap pen -nit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed
for the purpose of constructing improvements in adjacent public rights -of -
way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four
persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and
not within public rights -of -way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the Aspen/Pitkin County Housing Authority
shall inspect the units to determine if the units comply with the representations
made in the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
a
40
14. All improvements must meet the Uniform Code for Buildirig Conservation
(UCBC) standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of
a sidewalk in front of the existing parking area. This sidewalk will
exist on an easement within property boundaries. The sidewalk will
conform to City of Aspen Standards, including the design and
location, and will include the installation of curb. The sidewalk will
also have tree well grates to allow for the existing trees to stay. This
sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets. The
applicant shall avoid damage to the existing conifer by "ramping" the
sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to
this property, including planting grass seed. A suggested type of grass that may
do well in this area is a turf -type tall fescue. An irrigation system is not required
for the Right-of-way. If one is proposed, then the system must be approved by
the Parks Department prior to installation to avoid or minimize impacts to the
existing street trees.
18. The area between the building's existing wall and the sidewalk fronting Main
Street shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge
to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced
before they are connected to the ACSD sanitary lines.
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22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
23. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits.
24. The Ullr Lodge/Commons employer owners shall provide (1) rent incentives for
employees without cars, (2) subsidized RFTA transportation passes, and (3)
rental preferences to employees without an automobile.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, Historic
Preservation Commission, Housing Board, or City Council, are hereby incorporated in such
plan development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 28th day of February, 2000.
Attest:
Kathryn S. Koch, City Clerk Rachel Richards, Mayor
FINALLY, adopted, passed and approved this 27th day of March, 2000.
00
Attest:
Kathryn S. Koch, City Clerk Rachel Richards, Mayor
Approved as to form:
John Worcestor, City Attorney
CAhom6nickhActive CasesUir Lodge\CC Ordinance.doc
so
EXHIBIT A
ULLR PUD, SUBDIVISION, & GMQS EXEMPTION
REVIEW CRITERIA & STAFF FINDINGS
26.445.050 Review Standards: Consolidated PUD
A development application for Conceptual, Final, Consolidated Conceptual and Final, or
Minor PUD shall comply with the following standards and requirements. Due to the
limited issues associated with Conceptual Reviews and properties eligible for Minor
PUD Review, certain standards shall not be applied as noted. The burden shall rest upon
an applicant to show the reasonableness of the development application, and its
conformity to the standards and procedures of this Chapter and this title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
Staff Finding
The Aspen Area Community Plan's housing philosophy states that "the private sector
must be encouraged financially and morally to solving the [housing] problem (p. 19)."
The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and
operated affordable housing units implements this philosophy. In addition, it is
consistent with the plan by taking the burden off of the Housing Authority to provide
affordable units.
The AACP encourages the provision of employee housing within the Aspen Metro Area,
which this proposal would achieve. It increases the community's stock of affordable
housing units without consuming public monies.
The proposal also implements the plan's transportation philosophy, which calls for
encouraging the use of transit and other alternative modes of travel. Providing
affordable housing near the downtown core and near a transit stop encourages residents
to walk, bike or take the bus for all local trips. This standard is appropriately addressed.
2. The proposed development shall be consistent with the character of
existing land uses in the surrounding area.
Staff Finding
The project is consistent with the character of existing land uses in the area. The
location is on Main Street, which consists of a mix of land uses, including multi -family
buildings, lodges, single family homes, duplexes, shops and offices, and a park. There
will be minimal exterior changes to this project, so its character will remain unchanged.
This standard is addressed.
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3. The proposed development shall not adversely affect the future
development of the surrounding area.
Staff Finding
The nature of the project will not in any way adversely affect the future development of
the surrounding area. Changing the building from lodge to multi -family, building a
sidewalk along the property line on 5" Street, and removing the pool and pool room will
not impact the future developments in the area. This standard is addressed.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate
the proposed development and will be considered prior to, or in
combination with, final PUD development plan review.
Staff Finding
The development is exempt from GMQS because it is an affordable housing project with
only one free market residential unit. The project is exempt from GMQS because 26 dwelling
units will be deed restricted to affordable housing and one (1) unit will be free market.
Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more
than one residential unit will be created" A previous code interpretation of this section
stated that the one residential unit may be a free market unit. If approved, the affordable
housing units would receive 26 allocations from the Affordable Housing Base Allotment
Pool and the free market residential unit would receive one (1) allocation from the Free
Market Residential Base Allotment Pool.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional
requirements for all properties within the PUD as described in General
Provisions, Section 26.445.040, above. The dimensional requirements of the
underlying zone district shall be used as a guide in determining the
appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed
dimensional requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
a) The character of, and compatibility with, existing and expected
future land uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding
area such as steep slopes, waterways, shade, and significant
vegetation and landforms.
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d) Existing and proposed man-made characteristics of the property
and the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
The property is approximately 13,500 square feet. The existing and proposed floor
area are approximately 11,900 square feet. The Applicant requests that the existing
dimensions of the building be established under the PUD because only minor
changes will occur on site. There are no natural or man-made hazards on site.
Existing natural characteristics of the property will be preserved. Stephen
Ellsperman of the Parks Department evaluated the site. He identified significant
trees on the property which must be protected, as well as sick or inappropriately
planted trees. A condition of approval is that the Applicant include tree wells in the
sidewalk design, provide a sidewalk ramp over the roots of existing significant trees,
and obtain tree removal permits for the sick and inappropriately planted trees on the
property. The site's natural features will also be improved with landscaping on the
Main Street side of the property. The City Engineer recommended the Applicant be
required to build a sidewalk along the property from Main Street to the alley on 5`1
Street.
The existing and proposed man-made characteristics of the property and the
surrounding area would not significantly change from this project.
Staff believes the proposed dimensions of this PUD to be appropriate and compatible
with the surrounding area.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to
the character of the proposed PUD and of the surrounding area.
Staff Finding
The project would not significantly change the dimensional requirements in any way. In
fact, the project would increase the quantity of open space on site by removing the pool
and pool room. These facilities would be replaced by a more usable court yard. Staff
believes the dimensional requirements permit a scale, massing and quantity of open
space and site coverage appropriate and favorable to the character of the proposed PUD
and of the surrounding area. This standard is addressed.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common
parking is proposed.
c) The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the
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commitment to utilize automobile disincentive techniques in the
proposed development.
d) The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
The 27-unit lodge currently has 16 on site parking spaces. Converting the lodge to a multi-
family building would likely increase the demand for parking on site and in the
neighborhood. Section 26.515 of the Land Use Code requires two (2) parking spaces for
multi -family use buildings; and one (1) space per dwelling unit is required if the unit is either
a studio or one -bedroom unit.
Therefore, 36 parking spaces would be required for this 27-unit multi -family building. The
spaces are located on the Ullr's property in the alley and along 5' Street in the public right-
of-way. There is no room on site to increase the number of parking spaces. The Applicant
requests to establish the existing 16 parking spaces under the PUD. The Applicant has also
confirmed that the employer owners have agreed to encourage reduced car ownership by
implementing at least one of the following concepts with their employees in the building.
a. Rent incentive for employees without cars.
b. Charge employees with cars for parking.
c. Create attractive car rental rates for employees who have no personal car.
d. Subsidize transportation passes.
e. Give rental preferences to employees without an automobile.
However, Community Development Staff strongly believes that because there is a
serious deficiency of on -site parking spaces, the Applicant should be required to
implement at least three of the above concepts. Specifically, staff believes that (a) rent
incentives for employees without cars, (d) subsidized RFTA transportation passes, and
(e) rental preferences to employees without an automobile should be required and be
made conditions of approval.
Tim Ware, Director of Parking Control, believes that there will be more individuals
occupying the building more of the time, which will result in more cars parking on site
and in the neighborhood. Mr. Ware recommends imposing a condition of approval that
requires the maximum number of residential parking permits allowed for the UlIr
Lodge's residents be limited to a maximum of 36. He is concerned that without this
restriction a resident may own, for example, four (4) cars and obtain resident parking
permits for all 4; currently, there is no limitation on the number of parking permits a
resident may obtain, although this issue is under review by City Council. He also
strongly supports rent incentives for residents that do not own cars.
Staff, however, is not supportive of reducing the street parking passes in a manner
different from that offered to the general public. City Council does have the authority to
limit the street permits for this project, especially considering the project is being
reviewed as a PUD. However, a policy that is driven by the affordability of one's home
does raise some concern and such a condition would set a precedent for affordable
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housing. Staff believes the street parking issues this community faces should be
addressed as a topic and applied uniformly to residences, regardless of affordability.
Finally, staff believes that providing employee housing in this location will more than
offset any need for additional parking that may be created by this project, but also
strongly supports the incentives employers will provide to their tenants to discourage car
ownership. The property is ideally situated for pedestrian and mass -transit use. Parks,
sidewalks, public transit and the downtown core are all easily accessed from this location
on foot, bus, and bike.
4. The maximum allowable density within a PUD may be reduced if there
exists insufficient infrastructure capabilities. Specifically, the maximum
density of a PUD may be reduced if -
a) There is not sufficient water pressure, drainage capabilities, or
other utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow
removal, and road maintenance to the proposed development.
Staff Finding
There are no infrastructure capacity issues that would prohibit the amount of
development being considered. Staff does not recommend any reductions in the
development being proposed.
5. The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of
ground instability or the possibility of mud flow, rock falls or
avalanche dangers.
b) The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion, and
consequent water pollution.
c) The proposed development will have a pernicious effect on air
quality in the surrounding area and the City.
d) The design and location of any proposed structure, road,
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
There are no known natural hazard or site limitations that prohibit the amount of
development being considered. Staff does not recommend any reductions to the
proposed development based on this standard.
6. The maximum allowable density within a PUD may be increased if there
exists a significant community goal to be achieved through such increase
and the development pattern is compatible with its surrounding
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development patterns and with the site's physical constraints.
Specifically, the maximum density of a PUD may be increased if -
a) The increase in density serves one or more goals of the
community as expressed in the Aspen Area Community Plan
(AACP) or a specific area plan to which the property is subject.
b) The site's physical capabilities can accommodate additional
density and there exists no negative physical characteristics of the
site, as identified in subparagraphs 4 and 5, above, those areas
can be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development
pattern compatible with, and complimentary to, the surrounding
existing and expected development pattern, land uses, and
characteristics.
Staff Finding
The applicant is not requesting an increase in density beyond what is allowed within the
PUD although a significant community goal — affordable housing — is being achieved
through this development. In addition, the site's physical capabilities can accommodate
the multi -family residential use with the life -safety improvements to the building, and
the development pattern is compatible with and complimentary to the area.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or
contribute to the identity of the town are preserved or enhanced in an
appropriate manner.
Staff Finding
The proposed development complies with the man-made features on the site and does
not detract from the site's natural features or visual interest. It contributes to the town's
identity by preserving the existing building, and would provide more functional open
space for residents.
2. Structures have been clustered to appropriately preserve significant
open spaces and vistas.
Staff Finding
No new structures are proposed in the application. Open space on site will be enhanced
by the expansion of a functional courtyard. This project will not affect open spaces or
vistas in any way.
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3. Structures are appropriately oriented to public streets, contribute to
the urban or rural context where appropriate, and provide visual
interest and engagement of vehicular and pedestrian movement.
Staff Finding
No significant changes are proposed to the existing structure, so this standard is not
applicable. The existing building is oriented to Main Street and contributes to the urban
context of the neighborhood, and provides visual interest to vehicular and pedestrian
movement. Removing the poolroom and creating a more functional open space will
enhance the building's visual interest.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
Staff Finding
This existing building and access ways are appropriately arranged to allow emergency
and service vehicle access. This criterion is addressed.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
A condition of approval, agreed to by the Applicant, will be the construction of a new
sidewalk from Main Street to the alley along the property line at the owner's expense.
This sidewalk will help provide adequate pedestrian access to the building and
neighborhood.
6. Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
Staff Findin -
Drainage should not be affected to any degree because additional impervious surfaces
are not being proposed by this development. In fact, removing the poolroom and
expanding the courtyard may increase the site's drainage. This development should not
increase the site's drainage impact on surrounding properties.
7. For non-residential land uses, spaces between buildings are
appropriately designed to accommodate any programmatic functions
associated with the use.
Staff Findin
The building will be for a multi -family residential land use; hence, this standard is not
applicable.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the city, with surrounding parcels,
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and with existing and proposed features of the subject property. The
proposed development shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an
ample quantity and variety of ornamental plant species suitable for
the Aspen area climate.
2. Significant existing natural and man-made site features, which
provide uniqueness and interest in the landscape, are preserved or
enhanced in an appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
A condition of approval will be the planting of grass seed and landscaping the building's
fagade fronting Main Street. Significant existing natural and man-made site features will
be preserved. Specifically, the new sidewalk will include tree wells and a ramp over tree
roots to protect and preserve existing trees. Existing landscaping in the court yard will
not be affected by this development, although additional landscaping may be provided in
and around the space created by the removal of the pool room.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest,
variety, character, and visual identity in the proposed development and
within the City while promoting efficient use of resources. Architectural
character is based upon the suitability of a building for its purposes,
legibility of the building's use, the building's proposed massing, proportion,
scale, orientation to public spaces and other buildings, use of materials, and
other attributes which may significantly represent the character of the
proposed development. There shall be approved as part of the final
development plan an architectural character plan, which adequately depicts
the character of the proposed development. The proposed architecture of
the development shall:
1. Be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical
and cultural resources.
Staff Findin
The proposed development does not change the existing building's architecture.
2. Incorporate, to the extent practical, natural heating and cooling by
taking advantage of the property's solar access, shade, and vegetation
and by use of non- or less -intensive mechanical systems.
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Staff Finding
The physical changes proposed to the building include improving solar access and
increasing natural light to several units by increasing window sizes and installing new
window wells. This criterion is addressed.
3. Accommodate the storage and shedding of snow, ice, and water in a
safe and appropriate manner that does not require significant
maintenance.
Staff Finding
Existing storage of shedding snow, ice and water is accomplished in an appropriate
manner, and the proposed development will not impact the storage or maintenance of the
current facility. Roof overhangs extend beyond walkways, and the entrance to each unit
is covered.
F. Lighting.
The purpose of this standard is to ensure the exterior of the development
will be lighted in an appropriate manner considering both public safety and
general aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up -lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited
for residential development.
Staff Finding
All new lighting for the proposed addition will be down directional and in compliance
with the City's lighting code and Uniform Building Code for safety. The new lighting
will be designed to minimize glare onto adjacent properties.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or
recreation area for the mutual benefit of all development in the proposed
PUD, the following criteria shall be met:
1. The proposed amount, location, and design of the common park,
open space, or recreation area enhances the character of the
proposed development, considering existing and proposed structures
and natural landscape features of the property, provides visual relief
to the property's built form, and is available to the mutual benefit of
the various land uses and property users of the PUD.
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2. A proportionate, undivided interest in all common park and
recreation areas is deeded in perpetuity (not for a number of years)
to each lot or dwelling unit owner within the PUD or ownership is
proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument
for the permanent care and maintenance of open spaces, recreation
areas, and shared facilities together with a deed restriction against
future residential, commercial, or industrial development.
Staff Finding
This standard is not applicable because the proposed development does not include a
park, open space or recreation area.
H. Utilities and Publicfacilities.
The purpose of this standard is to ensure the development does not impose
an undue burden on the City's infrastructure capabilities and that the
public does not incur an unjustified financial burden. The proposed utilities
and public facilities associated with the development shall comply with the
following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
Staff Finding
All appropriate utility agencies and the City Engineer were referenced on this application
and reported the ability to serve this project. A condition of approval will be to require
the Applicant to submit a complete set of wastewater plans for the Ullr Lodge to the
Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary
laterals need to be inspected with a television line to see if there is any interference
from roots. If they have blockage, then the lines shall be replaced before they are
connected to the ACSD sanitary lines. Water and ACSD fees will be due at the time
of building permits.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the
developer.
Staff Finding
A condition of approval shall be that the Ullr owner(s) mitigate any public impacts that
this project causes, including but not limited to utility expenses and sanitary sewer and
water lines.
3. Oversized utilities, public facilities, or site improvements are
provided appropriately and where the developer is reimbursed
proportionately for the additional improvement.
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Staff Finding
No oversized utility stubs were requested to be installed with this development.
L Access and Circulation. (Only standards 1&2 apply to Minor PUD
applications)
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
1. Each lot, structure, or other land use within the PUD has adequate
access to a public street either directly or through an approved private
road, a pedestrian way, or other area dedicated to public or private
use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
the proposed development, or such surrounding roads are proposed to
be improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access
to significant public lands and the rivers are provided through dedicated
public trail easements and are proposed for appropriate improvements
and maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths,
and transportation are proposed to be implemented in an appropriate
manner.
5. Streets in the PUD which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD, or
for lots within the PUD, are minimized to the extent practical.
Staff Finding
The application does not propose any changes to the form or nature of access to public
streets, other than the condition of approval to construct a new sidewalk along 5" Street
from Main Street to the alley. The sidewalk will improve pedestrian circulation in and
around the site and neighborhood, Trail and existing roads will not be impacted by this
development other than the potential for increased parking by tenants with resident
parking permits in the neighborhood.
J. Phasing of Development Plan. (does not apply to Conceptual PUD
applications)
The purpose of this criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of
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the development plan is proposed, each phase shall be defined in the
adopted final PUD development plan. The phasing plan shall comply with
the following:
1. All phases, including the initial phase, shall be designed to function as
a complete development and shall not be reliant on subsequent
phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees -
in -lieu, construction of any facilities to be used jointly by residents
of the PUD, construction of any required affordable housing, and
any mitigation measures are realized concurrent or prior to the
respective impacts associated with the phase.
Staff Finding
This standard is not applicable because there will only be one phase.
26.480.050 Review Standards: Subdivision
A development application for subdivision review shall comply with the
following standards and requirements:
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
C. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Finding
The proposed subdivision is consistent with the AACP, particularly concerning the
housing and transportation philosophies. It is also consistent with existing land uses in
the area, will not adversely affect future development of surrounding areas, and is in
compliance with all applicable requirements of this Title.
The AACP housing philosophy states that "the private sector must be encouraged
financially and morally to solving the [housing] problem (p. 19)." The Carbondale
Affordable Housing Corporation's proposal for 26 employer owned and operated
affordable housing units implements this philosophy. In addition, it is consistent with
the plan by taking the burden off of the Housing Authority to provide affordable units.
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The AACP encourages the provision of employee housing within the Aspen Metro Area,
which this proposal would achieve. It increases the community's stock of affordable
housing units without consuming public monies.
The proposal also implements the plan's transportation philosophy, which calls for
encouraging the use of transit and other alternative modes of travel. Providing
affordable housing near the downtown core and near a transit stop encourages residents
to walk, bike or take the bus for all local trips. This standard is appropriately addressed.
B. Suitability of landfor subdivision.
a. Land suitability. The proposed subdivision shall not be located
on land unsuitable for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will
be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatialpattern 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 Finding
The proposed subdivision involves changing the use of an existing building from lodge
to multi -family residential. This land is suitable for the change in use because of its
location near the center of town, public transit, and sidewalks, and existing utilization of
public facilities and services. Intensification of the building's use will increase the
efficiency of public facilities because they are already provided to this site and capable
of accommodating expanded demands by residents.
C. Improvements. The improvements set forth at Chapter 26.580 shall
be provided for the proposed subdivision. These standards may be varied by
special review (See, Chapter 26.430) if the following conditions have been
met:
1. A unique situation exists for the development where strict adherence
to the subdivision design standards would result in incompatibility with the
Aspen Area Comprehensive Plan, the existing, neighboring development
areas, and/or the goals of the community.
2. The applicant shall specify each design standard variation requested
and provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
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Staff Finding
The Application is to utilize the existing Ullr Lodge "as is" with minor changes,
including removing the pool and poolroom. The Applicant is not requesting additional
variations to the subdivision design standards.
D. Affordable housink. A subdivision which is comprised of replacement
dwelling units shall be required to provide affordable housing in compliance
with the requirements of Chapter 26.520, Replacement Housing Program. A
subdivision which is comprised of new dwelling units shall be required to
provide affordable housing in compliance with the requirements of Chapter
26.470, Growth Management Quota System.
Staff Finding
The Ullr Lodge is being converted from a lodge to a 27-unit multi -family building,
including 26 deed restricted affordable housing units. This standard is appropriately
addressed.
E. School Land Dedication. Compliance with the School Land
Dedication Standards set forth at Chapter 26.630.
Staff Finding
School impact fees for the creation of 27 dwelling units will be approximately
$11,091.60. Fees are assessed for studio/l -bedroom, 2-bedroom, and 3 or more bedroom
dwelling units, but not for dorm units.
Table 1. School Impact Fees for 27 units.
Unit Type
Dedication
Requirement (sq. ft)
Land
Value
Fee per Unit
Number
Total
Lodge/Dorm
0
0
0
10
0
Stud io/1 -bedroom
52
$2.70
$140.40
7
$982.80
2-bedroom
416
$2.70
$1,123.20
9
$10,108.80
13-bedroom
1 7071
$2.70
$1,908.90
1
U
$1,908.90
ITotal impact Fee
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$11,091.60�
Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for
Affordable Housing
J. Affordable housing. All affordable housing deed restricted in accordance
with the housing guidelines of the City Council and its housing designee shall be
exempt. The review of any request for exemption of housing pursuant to this
Section shall include a determination of the City's need for such housing,
considering the proposed development's compliance with an adopted housing
plan, the number of dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of bedrooms in each
unit, the size of the dwelling unit, the rental/sale mix of the proposed
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development, and the proposed price categories to which the dwelling units are
to be deed restricted. This exemption is deducted from the respective annual
development allotment established pursuant to Section 26.470.040 and from the
Aspen Metro Area development ceilings established pursuant to Section
26.470.030. Review is by City Council.
Staff Findin
The project is exempt from GMQS because 26 dwelling units will be deed restricted to
affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in
Use allows the project to be exempt as long as "No more than one residential unit will be
created" A previous code interpretation of this section stated that the one residential unit
may be a free market unit. This standard is addressed for this project to be GMQS exempt.
24
EXHIBIT B
REFERRAL COMMENTS
MEMORANDUM
To .- Nick Lelack, Planner
From: Ben Ludlow, Project Engineer
Reference DRC Caseload Coordinator
Date: February 2, 2000
Re- Ullr Lodge (Draft Response)
The Development Review Committee has reviewed the Ullr Lodge application at their
January 19, 2000 meeting, and has compiled the following comments:
General
I . Sufficiency of Submittal: DRC comments are based on the fact that we believe
that the submitted site plan is accurate, that it shows all site features, and that it is feasible.
The wording must be carried forward exactly as written unless prior consent is received from
the Engineering Department. This is to alleviate problems related to approvals tied to
"issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment license
requirements.
Site Review
I . Site Drainage — Requirement — The drainage report submitted with the
application is insufficient. The site development approvals must include the requirement
meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a
requirement that, prior to the building permit application, a drainage mitigation plan
(24"06" size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for review and
approval by the Engineering Department. The mitigation plan must also address the
temporary sediment control and containment plan for the construction phase. If drywells are
an acceptable solution for site drainage, a soils report must be provided with a percolation
test to verify the feasibility of this type of system. Drywells have depths well below depth of
frost (10' minimum) to function in cold weather. The drainage plan must contain a statement
specifying the routine maintenance required by property owner(s) to ensure continued and
proper performance. Drywells may not be placed within public right of way or utility
easements. The foundation drainage system should be separate from storm drainage, must be
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detained and routed on site, and must be shown on drainage plans prior to application for
building permit. The drainage may be conveyed to existing landscaped areas if the drainage
report demonstrates that the percolation rate and the detention volume meet the design storm.
Information — The City drainage criteria needs to implemented. This
includes but is not limited to erosion control, soil stabilization, and vegetation disturbance.
Also, there needs to be an analysis of where the drainage will flow and what adverse affects
may arise from potential mud and debris flow.
2. Sidewalk, Curb, and Gutter — Requirement- The submitted plat does not show
the installation of curb, gutter, and sidewalk along roadways. As of the request of the
Engineering Department revisions need to be made, if urban design features are proposed, as
follows:
a. All streets and access roads need to have curb and gutter upgrades that comply
with City of Aspen standards unless already approved by the City Engineering
Department.
b. All streets and access roads need to have sidewalks that comply with City of
Aspen standards.
c. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist on
an easement within property boundaries. The sidewalk will conform to
City of Aspen Standards and will include the installation of curb. The
sidewalk will also have tree well grates to allow for the existing trees to
stay. This sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets.
3. Fire Protection District — Information — The application states that all of the
office space, retail space, and employee housing will be sprinkled. As of the request of the
Fire Protection District revisions need to be made as follows:
a. There should be maintenance of the existing fire alarms in the building to avoid
failure.
b. The installation of Residential Sprinkler Systems is requested, but may not be
bound by local codes. There may be a required installation of Residential
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Sprinkler Systems in the new 1900 sf area that will be upgraded to three new
units.
4. Parks Department — Information -
The Main Street right-of-way adjacent to this property has been neglected for years. It
should be a condition of approval for the PUD that the applicant improves the ROW and
maintain it regularly. The only improvement that will be required is grass seeding. A
suggested type of grass that may do well in this area is a turf -type tall fescue. An irrigation
system is not required for the ROW. If one is proposed, then the system must ' be approved
by the Parks Department prior to installation to avoid or minimize impacts to the existing
street trees. It is already a municipal law that the adjacent property owner is responsible for
maintenance of the ROW. Maintenance responsibilities include irrigating and grass
trimming. The City is responsible for street tree maintenance including tree trimming and
installation.
The City Forester has approved the removal of one dying tree near the alley between Main
and Bleeker Streets. This approval will allow for the continuation of the required sidewalk to
the alley. Also, the City Forester has requested that for the extension of the sidewalk to Main
Street, the applicant should avoid damage to the existing conifer by "ramping" the sidewalk
over the existing ground. Finally the City Forester would like to have landscaping between
the existing wall on Main Street and the existing sidewalk. This landscaping should be
similar to the landscaping along the Main Street Parkway.
5. Utilities (General) — Information — All use of City utilities must be planned
accordingly.
6. Streets Department — Requirement - As of the request of the Engineering
Department revisions need to be made as follows:
a. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
7. Utilities:
- TVafer:
City Water Department
Requirement —
a. All uses and construction will comply with the City of Aspen Water
System Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
27
Wastewater:
Aspen Consolidated Waste District
Requirement — As a request of the Consolidated Waste District, revisions
need to be made as follows:
a. A set of plans for the Ullr Lodge must be given to Peg in the ACSD office
for review.
b. The clay tile sanitary laterals need to be inspected with a television line to
see if there is any interference ftom roots. If they have blockage, then the
lines need to be replaced before they can be connected to the ACSD
sanitary lines.
Construction:
Work in the Public Right of Way
Requirement — Given the continuous 'problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
Approvals
1. Engineering: The applicant receives approval from the City Engineering Department
(920-5080) for design of improvements, including landscaping, within
public rights of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for tree removal permits, landscaping in the ROW, vegetation
species and for public trail disturbanc�.
3. Streets: The applicant receives approval from the Streets department. (920-
5130) for mailboxes, streets, and alley.
4. Permits: Obtain permits for any work or development, including street cuts,
landscaping, within the public rights of way from the city community
development department.
DRC Attendees
Staff- Nick Adeh Applicant's Representative: Katie Updike
Ed Van Walraven
Nick Lelack
Tom Bracewell
Phil Overynder
Ben Ludlow
Becca Schickling
28
EXHIBIT D
PLANNING & ZONING COMMISSION RESOLUTION
RESOLUTION NO. 8
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL OF THE ULLR LODGE
CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVSION, AND
SPECIAL REVIEW FOR PARKING, 520 WEST MAIN STREET, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Carbondale Affordable Housing Corporation, under contract to purchase the
Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a
Consolidated Planned Unit Development (PUD), Subdivision, Special Review for
Parking, and Growth Management Quota System Exemption for Affordable Housing to
convert the lodge to a 27-unit multi -family building; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use
Code, the City Council may approve a Planned Unit Development, Subdivision, and
Growth Management Quota System Exemption for Affordable Housing during a duly
noticed public hearing after considering a recommendation from the Planning and Zoning
Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project.
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, approval of
the Ullr Lodge Consolidated Planned Unit Development, Subdivision, and Special
Review for Parking, with conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
0 0
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
farthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for
the existing lodge to be converted to a 27-unit multi -family building, is approved subject to
the conditions of approval described hereinafter.
1. A PUD Agreement shall be recorded within 180 days of the final approval by
City Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted
by City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers
for physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during
and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed
for the purpose of constructing improvements in adjacent public rights -of -
way.
There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four
persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and
not within public rights -of -way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the Aspen/Pitkin County Housing Authority
shall inspect the units to determine if the units comply with the representations
made in the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitldn County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
14. All improvements must meet the Uniform Code for Building Conservation
(UCBC) standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
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16. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of
a sidewalk in front of the existing parking area. This sidewalk will
exist on an easement within property boundaries. The sidewalk will
conform to City of Aspen Standards, including the design and
location, and will include the installation of curb. The sidewalk will
also have tree well grates to allow for the existing trees to stay. This
sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets. The
applicant shall avoid damage to the existing conifer by "ramping" the
sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to
this property, including planting grass seed. A suggested type of grass that may
do well in this area is a turf -type tall fescue. An irrigation system is not required
for the Right-of-way. If one is proposed, then the system must be approved by
the Parks Department prior to installation to avoid or minimize impacts to the
existing street trees.
18. The area between the building's existing wall and the sidewalk fronting Main
Street shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
2 1. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge
to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced
before they are connected to the ACSD sanitary lines.
22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
23. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided �Z law,
by the Planning and Zoning Commission of the City of Aspen on the 15 day of February.
2000.
APPROVED by the Commission at its regular meeting on February 15, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Robert Blaich, Chair
CAhome\nick1\Acfive CasesUir Lodge\ULLR Lodge PUD, Sub, parkingldoc
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MEMORANDUM
TO: Housing Authority Board
THRU: Mary Roberts, Housing Authority Executive Director
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, Planner
RE: Ullr Lodge/Commons GMQS Exemption for Affordable Housing,
Resolution No. -1, Series of 2000, Public Hearing
DATE: March 15, 2000
APPLICANT:
Carbondale Affordable Housing
Corporation
REPRESENTATIVE:
Katherine L. Updike, Building
Solutions, LLC
LOCATION:
520 West Main Street
ZONING:
Office, Historic District
CURRENT LAND USE:
Lodge — 27 units
PROPOSED LAND USE:
Multi -Family Residential — 26 AH
units, I free market unit
LOT SIZE:
13,439 sq. ft.
FAR:
Existing: 11,900 sq. ft.
Proposed: 11,900 sq. ft.
Allowable: 14,850 sq. ft
SUMMARY:
The purpose of this application is to change the Ullr
Lodge/Commons' land use from "lodge" to "multi-
family residential." Approval for this project
requires a GMQS Exemption for affordable housing.
The Planning and Zoning Commission has
recommended approval to City Council of the
establishment of a Planned Unit Development to
establish the existing dimensions, Subdivision to
create 27 dwelling units, and Special Review for
Parking. The Historic Preservation Commission
approved the minor exterior changes to the building.
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P,EVIEW PROCEDURE
Growth Management Quota System Exemptionfor Affordable Housing: Exemption
requests for affordable housing or for free market residential, shall require review by the
Housing Authority Board and final review by City Council.
Consolidated Conceptual and Final Review Planned Unit Development (2-Step Review):
An applicant may request and the Community Development Director may determine that
because of the limited extent of the issues involved in a proposed PUD in relation to
these review procedures and standards, or because of a significant community interest
which the project would serve, it is appropriate to consolidate conceptual and final
development plan review. The Community Development Director has determined that
the conversion of the existing Ullr Lodge to an employer owned and operated
affordable housing complex serves a significant community interest which the project
would serve, and the limited nature of physical changes to the building qualifies it for
the consolidated review. This two step process does not require approval of a
conceptual development plan, only review and approval of a final development plan by
the Planning and Zoning Commission and the City Council, with public hearings
occurring at both. The Planning and Zoning Commission shall recommend approval,
approval with conditions, or disapproval to the City Council.
Subdivision (2-Step Review): Approval of a subdivision requires the review and
recommendation for approval, approval with conditions or disapproval by the Planning
and Zoning Commission followed by a review and approval, approval with conditions or
disapproval by the City Council.
Special Review,for Parking: Section 26.304.050 allows combined reviews; therefore,
this review is combined with the PUD review.
STAFF COMMENTS:
Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L.
Updike of Building Solutions, LLC, has contracted to buy the Ullr Lodge. The Applicant
is requesting a consolidated Planned Unit Deve.1nipmons �121.Q,),a proval to convert the
existing lodge to a multi -family residential building- named Ullr Commons, that is owned
and operated by AZFe-Me—mPloyers. The employers would t)urchase-26--units for the costs
. Subsequently, the employers will
deed restrict the units to Catego 3 or 4. Resale of the units would be governed by an
appreciation cap of 3%. wil e 0 or greater square feet of net livable space in
each unit; in fact, the smallest unit is approximately 190 square feet. The Applicant
would sell one (1) unit on the free market.
The project is exempt from GMQS because 26 dwelling units will be deed restricted to
affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in
Use allows the project to be exempt as long as "No more than one residential unit will be
created" A previous code interpretation of this section stated that the one residential unit
may be a free market unit. If approved, the affordable housing units would receive 26
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allocations from the Affordable Housing Base Allotment Pool and the free market
residential unit would receive one (1) allocation from the Free Market Residential Base
Allotment Pool.
The exterior of the Lodge and Floor
Area Ui2 would —change only
slightly. On the exterior, the pool
and 2qQ square foot poolroom would
be remove an replaced with a
court yard. The interior space is
b e i n g � p � �fo—r 7ie �sa =e�c7d e�
variances and some units will be
I to accommodate
improvec
permanent residents — others will
remain ormito " s le units and
will have access to the facility's
common kitchen.
On February 15, the Planning and
Zoning Commission unanimously
recommended that City Council approve converting the lodge to multi -family residential
building. Specifically, the Commission recommended approval of the Planned Unit
Development (PUD). The PUD process allows all of a property's dimensional
requirements to be established, includi g' FAR, and setbacks; the Special Review
for Parking was combined with this review. In adcTi7ion, the Commission recommended
approval of subdividing the lodge into 27 dwelling units.
On FebE�aa 9, 2000, the Historic Preservation Commission unanimously approved
t 'g—
e Ullr Lodge Minor Review to perform insignificant exterior changes to the
structure, which is not an historic landmark but is located in the Historic District.
Planning Staff recommends approval of the GMQS Exemption for Affordable
Housing because the City will gain 26 deed restricted affordable housing units,
increasing the community's stock of affordable housing. In addition, Staff believes
the property is appropriately situated for employee housing because of its close
proximity to the downtown core, sidewalks, and public transit. Residents may access
these amenities on foot, bus, or bike.
REcomMENDATION:
Staff is recommending approval of the Ullr Lodge GMQS Exemption for
Affordable Housing, with the following condition of approval:
The final deed restrictions for all twenty-six (26) affordable housing units be brought to
the Housing Board for final input and approval at a public meeting.
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RECOMMENDED MOTION:
"I move to approve the Ullr Lodge Growth Management Quota System Exemption for
Affordable Housing to convert the lodge to a multi -family residential building with 26 deed
restricted affordable units and 1 free market unit, at 520 West Main Street, on First Reading."
ATTACHMENTS:
Exhibit A Review Criteria and Staff Findings
Exhibit B Planning and Zoning Commission Resolution
rd
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ASPEN/PITKIN COUNTY HOUSING AUTHORITY, PITKIN COUNTY,
COLORADO.
A RESOLUTION OF THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
BOARD RECOMMENDING THE ASPEN CITY COUNCIL EXEMPT THE
AFFORDABLE HOUSING UNITS AND ONE FREE MARKET HOUSING UNIT
PROPOSED FOR THE ULLR COMMONS EMPLOYER -OWNED AND OPERATED
AFFORDABLE HOUSING PROJECT FROM THE SCORING AND COMPETITION
PROCEDURES OF GROWTH MANAGEMENT, LOTS K, L, M, AND THE WEST
ONE-HALF OF LOT 0, BLOCK 30, CITY AND TOWNSITE OF ASPEN.
Parcel No. 2735-124-43-005
Resolution No. 2000 -
WHEREAS, the Community Development Department received an application from
the Carbondale Affordable Housing Corporation, under contract to purchase the Ullr Lodge,
represented by Katherine Updike, located at 520 West Main Street, for a Consolidated
Planned Unit Development (PUD), Subdivision, Special Review for Parking, and Growth
Management Quota System Exemption for Affordable Housing to convert the lodge to a 27-
unit multi -family building; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, approval of the
Ullr Lodge Consolidated Planned Unit Development, Subdivision, and Special Review for
Parking, with conditions contained herein; and,
WHEREAS, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land Use
Code, land use applications requesting an exemption from the scoring and competition
procedures of growth management for allocations of affordable housing units deed restricted in
accordance with the Aspen/Pitkin County Housing Guidelines may be approved by the Aspen
City Council at a duly noticed public hearing after considering recommendations by the
Community Development Director, the Aspen/Pitkin County Housing Authority Board of
Directors made at a duly noticed public hearing, and members of the general public; and,
WHEREAS, during a duly noticed public hearing on March 15, 2000, the Aspen/Pitkin
County Housing Authority Board considered testimony offered by the general public and
recommended, by a _ to _ (_-_) vote, that the Aspen City Council approve an exemption of
the affordable housing units and one free market unit proposed for the Ullr Commons employer -
owned and operated affordable housing project at 520 West Main Street, with the conditions
listed hereinafter as amended by the Board during the meeting.
NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Housing Authority
Board of Directors, Pitkin County, Colorado, that the Aspen City Council should exempt the
twenty six (26) Affordable Housing units and one (1) free market housing unit proposed for
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the Ullr Commons employer -owned and operated affordable housing project at 520 West
Main Street, with the following condition of approval:
1. The final deed restrictions for all twenty-six (26) affordable housing units be brought
to the Housing Board for final input and approval at a public meeting. 4!!f
APPROVED by the Aspen/Pitkin County Housing Authority Board of Directors at their regular
meeting held March 15, 2000.
ASPENIPITKIN COUNTY HOUSING AUTHORITY:
Jacquelyn A. Kasabach, Chairperson Date
APPROVED AS TO CONTENT:
Mary Roberts, Executive Director Date
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EXHIBIT A
ULLR LODGE GMQS EXEMPTION
REVIEW CRITERIA & STAFF FINDINGS
Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for
Affordable Housin
Affordable housing. All affordable housing deed restricted in accordance with the
housing guidelines of the City Council and its housing designee shall be exempt. The
review of any request for exemption of housing pursuant to this Section shall include
a determination of the City's need for such housing, considering the proposed
development's compliance with an adopted housing plan, the number of dwelling
units proposed and their location, the type of dwelling units proposed, specifically
regarding the number of bedrooms in each unit, the size of the dwelling unit, the
rental/sale mix of the proposed development, and the proposed price categories to
which the dwelling units are to be deed restricted. This exemption is deducted from
the respective annual development allotment established pursuant to Section
26.470.040 and from the Aspen Metro Area development ceilings established
pursuant to Section 26.470.030. Review is by City Council.
Staff Finding
The project is exempt from GMQS because 26 dwelling units will be deed restricted to
affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in
Use allows the project to be exempt as long as "No more than one residential unit will be
created" A previous code interpretation of this section stated that the one residential unit
may be a free market unit. This standard is addressed for this project to be GMQS exempt.
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EXMBIT B
PLANNING AND ZONING COMMISSION RESOLUTION
RESOLUTION NO. 8
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL OF THE ULLR LODGE
CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVSION, AND SPECIAL
REVIEW FOR PARKING, 520 WEST MAIN STREET, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application from
the Carbondale Affordable Housing Corporation, under contract to purchase the Ullr Lodge,
represented by Katherine Updike, located at 520 West Main Street, for a Consolidated
Planned Unit Development (PUD), Subdivision, Special Review for Parking, and Growth
Management Quota System Exemption for Affordable Housing to convert the lodge to a 27-
unit multi -family building; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480 , and 26.470 of the Land Use Code,
the City Council may approve a Planned Unit Development, Subdivision, and Growth
Management Quota System Exemption for Affordable Housing during a duly noticed public
hearing after considering a recommendation from the Planning and Zoning Commission
made at a duly noticed public hearing, comments from the general public, a recommendation
from the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the'Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project and
recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, approval of the
Ullr Lodge Consolidated Planned Unit Development, Subdivision, and Special Review for
Parking, with conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
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development proposal, with conditions, is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
ftirthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for the
existing lodge to be converted to a 27-unit multi -family building, is approved subject to the
conditions of approval described hereinafter.
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit
set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
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d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed for
the purpose of constructing improvements in adjacent public rights -of -way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the
Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area. The
applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
employee units, a member of the Aspen/Pitkin County Housing Authority shall
inspect the units to determine if the units comply with the representations made in
the application.
13. Before issuance of a building permit, the Applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the
applicant may pay this fee to the City Clerk who will record the resolution.
14. All improvements must meet the Uniform Code for Building Conservation (UCBC)
standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment license
must be applied for and approved. The only way that the City of Aspen Engineering
Department will allow for an encroachment is if there is an improvement of the
10
existing parking/sidewalk situation. This improvement has been agreed upon by the
developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist on
an easement within property boundaries. The sidewalk will conform to
City of Aspen Standards, including the design and location, and will
include the installation of curb. The sidewalk will also have tree well
grates to allow for the existing trees to stay. This sidewalk will be placed
from the existing improved Main Street sidewalk to the alley between
Main and Bleeker Streets. The applicant shall avoid damage to the
existing conifer by "ramping" the sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this
property, including planting grass seed. A suggested type of grass that may do well
in this area is a turf -type tall fescue. An irrigation system is not required for the
Right-of-way. If one is proposed, then the system must be approved by the Parks
Department prior to installation to avoid or minimize impacts to the existing street
trees.
18. The area between the building's existing wall and the sidewalk fronting Main Street
shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to
utilities.
2 1. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to
the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced before
they are connected to the ACSD sanitary lines.
22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
23. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
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incorporated in such plan development approvals and the same shall be coniplied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the Planning and Zoning Commission of the City of Aspen on the 15' day of February,
2000.
APPROVED by the Commission at its regular meeting on February 15, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Robert Blaich, Chair
CAhome\nick1\Acfive CasesUAIr Lodge\ULLR Lodge PUD, Sub, parkingldoc
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy DirectoLIA�
FROM: Nick Lelack, Planne i��
RE: Ullr Lodge Consolidated Planned Unit Development Review to Convert Lodge
to Multi -Family Residential Building, Subdivision, Special Review for
Parking, and GMQS Exemption for Affordable Housing — Public Hearing
DATE: February 15, 2000
APPLICANT:
Carbondale Affordable Housing
Corporation
REPRESENTATIVE:
Katherine L. Updike, Building
Solutions, LLC
LOCATION:
520 West Main Street
ZONING:
Office, Historic District
CURRENT LAND USE:
Lodge — 27 units
PROPOSED LAND USE:
Multi -Family Residential — 26 AH
units, I free market unit
LOT SIZE:
13,439 sq. ft.
FAR:
Existing: 11,900 sq. ft.
Proposed: 11,900 sq. ft.
Allowable: 14,850 sq. ft
SUMMARY:
The purpose of this application is to change the Ullr
Lodge's land use from "lodge" to "multi -family
residential." Approval for this project requires the
establishment of a Planned Unit Development
(PUD), Subdivision to create 27 dwelling units,
Special Review for Parking, and GMQS Exemption
for affordable housing. The Commission will review
the PUD and Subdivision components of the
application; the Special Review for Parking is
combined with the PUD review.
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STAFF COMMENTS:
Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L.
Updike of Building Solutions, LLC, has contracted to buy the Ullr Lodge. The Applicant
is requesting a consolidated Planned Unit Development (PUD) approval to convert the
existing lodge to a multi -family residential building that is owned and operated by Aspen
employers. The employers would purchase 26 units for the costs incurred by the
Applicant for purchase and upgrades. Subsequently, the employers will deed restrict the
units to Category 3 or 4. Resale of the units would be governed by an appreciation cap of
3%. The Applicant would sell one (1) unit on the free market.
The exterior of the Lodge and Floor Area
Ratio would change only slightly. On the
exterior, the pool and 200 square foot
poolroom would be removed and
replaced with a court yard. The interior
space is being upgraded for life safety
code variances and some units will be
improved to accommodate permanent
residents — others will remain
"dormitory" style units and will have
access to the facility's common kitchen.
Converting the lodge to multi -family
residential requires the subdivision of this
property because more than three (3)
dwellina units would be created@ in fact
5
27 dwelling units would be created. The Land Use Code does not treat the conversion of
existing units differently from newly built units. The greatest impact subdivision has on
this property is to subject it to the school and park impact fees, because residents will
place greater demands on the Aspen School District and City parks than tourists. The
school impact fees will be approximately $11,091.60 for 27 units. Park, water, and sewer
fees will be determined at the time building permits are issued.
The City's PUD process allows all of a property's dimensional requirements to be
established through the final PUD. This includes parking, FAR, and setbacks. Special
Review for parking can be reviewed simultaneously with PUD review. None of the
building's dimensional requirements are proposed to be changed. Nevertheless, they
must be established as part of the PUD review.
Staff has reviewed this application against all of the applicable criteria and finds the
project to be in substantial compliance, primarily because of the limited nature of
physical changes occurring to the building. Section 26.515 of the Land Use Code
requires two (2) parking spaces for multi -family use buildings; and one (1) space per
dwelling unit is required if the unit is either a studio or one -bedroom unit. Therefore, 36
parking spaces would be required for a 27-unit building. Currently, the 27-unit Lodge
has 16-18 parking spaces. The spaces are located on the Ullr's property in the alley and
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along 5"' Street in the public right-of-way. Photographs of the existing spaces are shown
below.
ne, .-I&
Parking along 511 Street iii public right-of-way.
Parking in alley on the Lodge's property.
There is no room on site to increase the number of parking spaces. The Applicant
requests to establish the existing 16-18 parking spaces for the new use. In addition, the
new owners shall encourage reduced car ownership by implementing at least one of the
following concepts with their employees in the building.
a. Rent incentive for employees without cars.
b. Charge employees with cars for parking.
c. Create attractive car rental rates for employees who have no personal car.
d. Subsidize transportation passes.
e. Give rental preferences to employees without an automobile.
Tim Ware, Director of Parking Control, believes that there will be more individuals
occupying the building more of the time, which will result in more cars parking on
site and in the neighborhood. Mr. Ware recommends imposing a condition of
approval that requires the maximum number of residential parking permits
allowed for the Ullr Lodge's residents be limited to a maximum of 36. He is
concerned that without this restriction a resident may own, for example, four (4) cars
and obtain resident parking permits for all 4; currently, there is no limitation on the
nurnber of parking permits a resident may obtain, although this issue is under review
by City Council. He also strongly supports rent incentives for residents that do not
own cars.
In addition, the City Engineer recommends imposing a condition of approval
requiring the Applicant to construct a new sidewalk from Main Street along the
property line on 5" Street to the alley. This sidewalk would increase pedestrian
accessibility to and from the site and neighborhood to Main Street. The Parks
Department has reviewed the site and approved the design and location of the
sidewalk to minimize the impact on trees. The Applicant has agreed to this
condition. The employer owners will also lease spaces which encroach into the
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public right-of-way on 5' Street from the City. Photographs of the proposed
sidewalk location are shown below.
On November 3, the Housing Board recommended approval of the original request,
which was to expand the number of units from 27 to 30, and to deed restrict all 30
units. The Housing Board will revisit this issue prior to First Reading at City
Council.
Planning Staff recommends approval of the application for the following reasons.
(1) The City will gain 26 deed restricted affordable housing units, increasing the
community's stock of affordable housing.
(2) The property is appropriately situated for employee housing because of its close
proximity to the downtown core, sidewalks, and public transit. Residents may
access these amenities on foot, bus, or bike. And, the employers have agreed to
implement at least one measure to encourage reduced car ownership by the
building's tenants. Tourists and existing tenants currently do not have any
incentive to not own a car and park it on -site.
(3) The Applicant is upgrading the building for all life safety related issues in
accordance with the Uniform Code for Building Conservation (UCBC) standards.
The UCBC applies more specifically to existing buildings than does the Uniform
Building Code, and is designed to safely preserve and utilize the community's
existing building stock.
(4) The only external changes to the building are improvements. The Applicant
plans to construct a new sidewalk and provide a handicap parking space in a
location where it otherwise would not currently be required. And, removing the
pool and pool house for a usable court yard improves usable open space on site
and viewable from Main Street.
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REcomMENDATION:
Staff is recommending approval of the Ullr Lodge PUD, Subdivision, Special
Review for Parking, and GMQS Exemption for Affordable Housing with the
following conditions:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreeinent. pUrsuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit
set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed for
the purpose of constructing improvements in adjacent public rights -of -way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four persons.
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7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the
Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area. The
applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
employee units, a member of the Aspen/Pitkin County Housing Authority shall
inspect the units to determine if the units comply with the representations made in
the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page -recordation fee. In the alternative, the
applicant may pay this fee to the City Clerk who will record the resolution.
14. All improvements must meet the Uniform Code for Building Conservation (UCBC)
standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment license
must be applied for and approved. The only way that the City of Aspen Engineering
Department will allow for an encroachment is if there is an improvement of the
existing parking/sidewalk situation. This improvement has been agreed upon by the
developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist on
an easement within property boundaries. The sidewalk will conform to
City of Aspen Standards, including the design and location, and will
include the installation of curb. The sidewalk will also have tree well
grates to allow for the existing trees to stay. This sidewalk will be placed
from the existing improved Main Street sidewalk to the alley between
Main and Bleeker Streets. The applicant shall avoid damage to the
existing conifer by "ramping" the sidewalk over the existing ground
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17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this
property, including planting grass seed. A suggested type of grass that may do well
in this area is a turf -type tall fescue. An irrigation system is not required for the
Right-of-way. If one is proposed, then the system must be approved by the Parks
Department prior to installation to avoid or minimize impacts to the existing street
trees.
18. The area between the building's existing wall and the sidewalk fronting Main Street
shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
2 1. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to
the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to- be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced before
they are connected to the ACSD sanitary lines.
22.. The employer owners shall provide Ullr tenants with,RFTA bus passes.
23. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
24. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits.
REVIEW PROCEDURE
Consolidated Conceptual and Final Review Planned Unit Development (2-Step Review):
An applicant may request and the Community Development Director may determine that
because of the limited extent of the issues involved in a proposed PUD in relation to
these review procedures and standards, or because of a significant community interest
which the project would serve, it is appropriate to consolidate conceptual and final
development plan review. The Community Development Director has determined that
the conversion of the existing UlIr Lodge to an employer owned and operated
affordable housing complex serves a significant community interest which the project
would serve, and the limited nature of physical changes to the building qualifies it for
the consolidated review. This two step process does not require approval of a
conceptual development plan, only review and approval of a final development plan by
the Planning and Zoning Commission and the City Council, with public hearings
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occurring at both. The Planning and Zoning Commission shall recommend
approval, approval with conditions, or disapproval to the City Council.
Subdivision (2-Step Review): Approval of a subdivision requires the review and
recommendation for approval, approval with conditions or disapproval by the Planning
and Zoning Commission followed by a review and approval, approval with conditions or
disapproval by the City Council.
Special Reviewfor Parkin : Section 26.304.050 allows combined reviews; therefore, this
review is combined with the PUD review.
Growth Management Quota System Exemptionfor Affordable Housin : Exemption
requests for affordable housing or for free market residential, shall require review by the
Housing Board and final review by City Council.
RECOMMENDED MOTION:
"I move to approve the Ullr PUD, Subdivision, and Special Review for Parking to convert
the lodge to a multi -family residential building with 26 deed restricted affordable units and I
free market unit, at 520 West Main Street.
ATTACHMENTS:
Exhibit A
Review Criteria and Staff Findings
Exhibit B
Referral Agency Comments
Exhibit C
Development Application
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RESOLUTION NO. 01
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL OF THE ULLR LODGE
CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVSION, AND
SPECIAL REVIEW FOR PARKING, 520 WEST MAIN STREET, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Carbondale Affordable Housing Corporation, under contract to purchase the
Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a
Consolidated Planned Unit Development (PUD), Subdivision, Special Review for
Parking, and Growth Management Quota System Exemption for Affordable Housing to
convert the lodge to a 27-unit multi -family building; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use
Code, the City Council may approve a Planned Unit Development, Subdivision, and
Growth Management Quota System Exemption for Affordable Housing during a duly
noticed public hearing after considering a recommendation from the Planning and Zoning
Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a _ to _ (_-_) vote, approval of
the Ullr Lodge Consolidated Planned Unit Development, Subdivision, and Special
Review for Parking, with conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
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WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
ftirthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMNUSSION as follows:
Section I
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for
the existing lodge to be converted to a 27-unit multi -family building, is approved subject to
the conditions of approval described hereinafter.
1. A PUD Agreement shall be recorded within 180 days of the final approval by
City Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted
by City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers
for physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during
and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
perrnit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed
for the purpose of constructing improvements in adjacent public rights -of -
way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four
persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and
not within public rights -of -way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the Aspen/Pitkin County Housing Authority
shall inspect the units to determine if the units comply with the representations
made in the application.
13. Before issuance of a building permit the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
14. All improvements must meet the Uniform Code for Building Conservation
(UCBC) standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of
a sidewalk in front of the existing parking area. This sidewalk will
exist on an easement within property boundaries. The sidewalk will
conform to City of Aspen Standards, including the design and
location, and will include the installation of curb. The sidewalk will
also have tree well grates to allow for the existing trees to stay. This
sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets. The
applicant shall avoid damage to the existing conifer by "ramping" the
sidewalk over the existing ground
17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to
this property, including planting grass seed. A suggested type of grass that may
do well in this area is a turf -type tall fescue. An irrigation system is not required
for the Right-of-way. If one is proposed, then the system must be approved by
the Parks Department prior to installation to avoid or minimize impacts to the
existing street trees.
18. The area between the building's existing wall and the sidewalk fronting Main
Street shall be landscaped.
19. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
20. All uses and construction will comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
2 1. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge
to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile
sanitary laterals need to be inspected with a television line to see if there is any
interference from roots. If they have blockage, then the lines shall be replaced
before they are connected to the ACSD sanitary lines.
22. The employer owners shall provide Ullr tenants with RFTA bus passes.
23. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
24. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits.
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EXHIBIT A
ULLR PUD, SUBDIVISION, & GMQS EXEMPTION
REVIEW CRITERIA & STAFF FINDINGS
26.445.050 Review Standards: Consolidated PUD
A development application for Conceptual, Final, Consolidated Conceptual and Final, or
Minor PUD shall comply with the following standards and requirements. Due to the
limited issues associated with Conceptual Reviews and properties eligible for Minor
PUD Review, certain standards shall not be applied as noted. The burden shall rest upon
an applicant to show the reasonableness of the development application, and its
conformity to the standards and procedures of this Chapter and this title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
Staff Finding
The Aspen Area Community Plan's housing philosophy states that "the private sector
must be encouraged financially and morally to solving the [housing] problem (p. 19)."
The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and
operated affordable housing units implements this philosophy. In addition, it is
consistent with the plan by taking the burden off of the Housing Authority to provide
affordable units.
The AACP encourages the provision of employee housing within the Aspen Metro Area,
which this proposal would achieve. It increases the community's stock of affordable
housing units without consuming public monies.
The proposal also implements the plan's transportation philosophy, which calls for
encouraging the use of tran�it and other alternative modes of travel. Providing
affordable housing near the downtown core and near a transit stop encourages residents
to walk, bike or take the bus for all local trips. This standard is appropriately addressed.
2. The proposed development shall be consistent with the character of
existing land uses in the surrounding area.
Staff Finding
The project is consistent with the character of existing land uses in the area. The
location is on Main Street, which consists of a mix of land uses, including multi -family
buildings, lodges, single family homes, duplexes, shops and offices, and a park. This
standard is addressed.
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Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof
INTRODUCED, READ AND ORDERED PUBLISHED as provided!� law,
by the Planning and Zoning Commission of the City of Aspen on the 15 day of February,
2000.
APPROVED by the Commission at its regular meeting on February 15, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Robert Blaich, Chair
CAhomeWckhActive Cases\Ulr Lodge\ULLR Lodge PUD, Sub, patidngldoc
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3. The proposed development shall not adversely affect the future
development of the surrounding area.
Staff Finding
The nature of the project will not in any way adversely affect the future development of
the surrounding area. Changing the building from lodge to multi -family, building a
sidewalk along the property line on 5th Street, and removing the pool and pool room will
not impact the future developments in the area. This standard is addressed.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate
the proposed development and will be considered prior to, or in
combination with, final PUD development plan review.
Staff Finding
The development is exempt from GMQS because it is an affordable housing project with
only one free market residential unit.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional
requirements for all properties within the PUD as described in General
Provisions, Section 26.445.040, above. The dimensional requirements of the
underlying zone district shall be used as a guide in determining the
appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed
dimensional requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
a) The character of, and compatibility with, existing and expected
future land uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding
area such as steep slopes, waterways, shade, and significant
vegetation and landforms.
d) Existing and proposed man-made characteristics of the property
and the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
The property is approximately 13,500 square feet. The existing and proposed floor
area are approximately 11,900 square feet. The Applicant requests that the existing
dimensions of the building be established under the PUD because only minor
changes will occur on site. There are no natural or man-made hazards on site.
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Existing natural characteristics of the property will be preserved. Stephen
Ellsperman of the Parks Department evaluated the site and City Engineer's proposal
to build a sidewalk along the property. He identified significant trees on the property
which must be protected, as well as sick or inappropriately planted trees. A
condition of approval is that the Applicant include tree wells in the sidewalk design,
provide a sidewalk ramp over the roots of existing significant trees, and obtain tree
removal permits for the sick and inappropriately planted trees on the property. The
site's natural features will also be improved with landscaping on the Main Street side
of the property.
The existing and proposed man-made characteristics of the property and the
surrounding area would not significantly change from this project.
Staff believes the proposed dimensions of this PUD to be appropriate and compatible
with the surrounding area.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable
to the character of the proposed PUD and of the surrounding area.
Staff Finding
The project would not significantly change the dimensional requirements in any way. In
fact, the project would increase the quantity of open space on site by removing the pool
and pool room. These facilities would be replaced by a more usable court yard. Staff
believes the dimensional requirements permit a scale, massing and quantity of open
space and site coverage appropriate and favorable to the character of the proposed PUD
and of the surrounding area. This standard is addressed.
3. The appropriate number of off-street parking spaces shall be
established based on the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common
parking is proposed.
c) The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the
commitment to utilize automobile disincentive techniques in the
proposed development.
d) The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
The 27-unit lodge currently has 16-18 on site parking spaces. Converting the lodge to a
multi -family building would likely increase the demand for parking on site and in the
neighborhood. Section 26.515 of the Land Use Code requires two (2) parking spaces for
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multi -family use buildings; and one (1) space per dwelling unit is required if t11C Urlit is eitlier
a studio or one -bedroom unit.
Therefore, 36 parking spaces would be required for this 27-unit multi -family building. The
spaces are located on the Ullr's property in the alley and along 5" Street in the public right-
of-way. There is no room on site to increase the number of parking spaces. The Applicant
requests to establish the existing 16-18 parking spaces under the PUD. In addition, the new
owners shall encourage reduced car ownership by implementing at least one of the following
concepts with their employees in the building.
f. Rent incentive for employees without cars.
g. Charge employees with cars for parking.
h. Create attractive car rental rates for employees who have no personal car.
i. Subsidize transportation passes.
j. Give rental preferences to employees without an automobile.
Tim Ware, Director of Parking Control, believes that there will be more individuals
occupying the building more of the time, which will result in more cars parking on site
and in the neighborhood. Mr. Ware recommends imposing a condition of approval
that requires the maximum number of residential parking permits allowed for the
Ullr Lodge's residents be limited to a maximum of 36. He is concerned that without
this restriction a resident may own, for example, four (4) cars and obtain resident parking
permits for all 4; currently, there is no limitation on the number of parking permits a
resident may obtain, although this issue is under review by City Council. He also
strongly supports rent incentives for residents that do not own cars.
Staff proposes to include a condition of approval that requires employers to provide their
employees living in these units with RFTA bus passes. Although transit is free in and around
town, the passes would encourage and allow residents to take the bus down valley, thereby
further reducing the need for car ownership.
Staff believes that providing employee housing in this location will more than offset any
need for additional parking that may be created by this project, but also strongly supports
the incentives employers will provide to their tenants to discourage car ownership The
property is ideally situated for pedestrian and mass -transit use. Parks, sidewalks, public
transit and the downtown core are all easily accessed from this location on foot, bus, and
bike.
4. The maximum allowable density within a PUD may be reduced if
there exists insufficient infrastructure capabilities. Specifically, the
maximum density of a PUD may be reduced if -
a) There is not sufficient water pressure, drainage capabilities, or
other utilities to -service the proposed development.
b) There are not adequate roads to ensure fire protection, snow
removal, and road maintenance to the proposed development.
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Staff Finding
There are no infrastructure capacity issues that would prohibit the amount of
development being considered. Staff does not recommend any reductions in the
development being proposed.
5. The maximum allowable density within a PUD may be reduced if
there exists natural hazards or critical natural site features.
Specifically, the maximum density of a PUD may be reduced ifi
a) The land is not suitable for the proposed development because of
ground instability or the possibility of mud flow, rock falls or
avalanche dangers.
b) The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion, and
consequent water pollution.
c) The proposed development will have a pernicious effect on air
quality in the surrounding area and the City.
d) The design and location of any proposed structure, road,
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
There are no known natural hazard or site limitations that prohibit the amount of
development being considered. Staff does not recommend any reductions to the
proposed development based on this standard.
6. The maximum allowable density within a PUD may be increased if
there exists a significant community goal to be achieved through such
increase and the development pattern is compatible with its
surrounding development patterns and with the site's physical
constraints. Specifically, the maximum density of a PUD may be
increased if:
a) The increase in density serves one or more goals of the
community as expressed in the Aspen Area Community Plan
(AACP) or a specific area plan to which the property is subject.
b) The site's physical capabilities can accommodate additional
density and there exists no negative physical characteristics of the
site, as identified in subparagraphs 4 and 5, above, those areas
can be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development
pattern compatible with, and complimentary to, the surrounding
existing and expected development pattern, land uses, and
characteristics.
Staff Finding
The applicant is not requesting an increase in density beyond what is allowed within the
PUD although a significant community goal — affordable housing — is being achieved
13
through this development. In addition, the site's physical capabilities can accommodate
the multi -family residential use with the life -safety improvements to the building, and
the development pattern is compatible with and complimentary to the area.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public
spaces, is complimentary to the site's natural and man-made features
and the adjacent public spaces, and ensures the public's health and
safety. The proposed development shall comply with the following:
1. Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past, or
contribute to the identity of the town are preserved or enhanced in an
appropriate manner.
Staff Finding
The proposed development complies with the man-made features on the site and does
not detract from the site's natural features or visual interest. It contributes to the town's
identity by preserving the existing building, and would provide more functional open
space for residents.
2. Structures have been clustered to appropriately preserve significant
open spaces and vistas.
Staff Finding
No new structures are proposed in the application. Open space on site will be enhanced
by the expansion of a functional courtyard. This project will not affect open spaces or
vistas in any way.
3. Structures are appropriately oriented to public streets, contribute to
the urban or rural context where appropriate, and provide visual
interest and engagement of vehicular and pedestrian movement.
Staff Finding
No significant changes are proposed to the existing structure, so this standard is not
applicable. The existing building is oriented to Main Street and contributes to the urban
context of the neighborhood, and provides visual interest to vehicular and pedestrian
movement. Removing the poolroom and creating a more functional open space will
enhance the building's visual interest.
4. Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
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Staff Finding
This existing building and access ways are appropriately arranged to allow emergency
and service vehicle access. This criterion is addressed.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
A condition of approval, agreed to by the Applicant, will be the construction of a new
sidewalk from Main Street to the alley along the property line at the owner's expense.
This sidewalk will help provide adequate pedestrian access to the building and
neighborhood.
6. Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
Staff Finding
Drainage should not be affected to any degree because additional impervious surfaces
are not being proposed by this development. In fact, removing the poolroom and
expanding the courtyard may increase the site's drainage. This development should not
increase the site's drainage impact on surrounding properties.
7. For non-residential land uses, spaces between buildings are
appropriately designed to accommodate any programmatic functions
associated with the use.
StaffFinding
The building will be for a multi -family residential land use; hence, this standard is not
applicable.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the city, with surrounding parcels,
and with existing and proposed features of the subject property. The
proposed development shall comply with the following:
1. The landscape plan exhibits a well designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an
ample quantity and variety of ornamental plant species suitable for
the Aspen area climate.
2. Significant existing natural and man-made site features, which
provide uniqueness and interest in the landscape, are preserved or
enhanced in an appropriate manner.
3. The proposed method of protecting existing vegetation and other
landscape features is appropriate.
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Staff Finding
A condition of approval will be the planting of grass seed and landscaping the building's
fagade fronting Main Street. Significant existing natural and man-made site features will
be preserved. Specifically, the new sidewalk will include tree wells and a ramp over tree
roots to protect and preserve existing trees. Existing landscaping in the court yard will
not be affected by this development, although additional landscaping may be provided in
and around the space created by the removal of the pool room.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest,
variety, character, and visual identity in the proposed development and
within the City while promoting efficient use of resources. Architectural
character is based upon the suitability of a building for its purposes,
legibility of the building's use, the building's proposed massing,
proportion, scale, orientation to public spaces and other buildings, use of
materials, and other attributes which may significantly represent the
character of the proposed development. There shall be approved as part
of the final development plan an architectural character plan, which
adequately depicts the character of the proposed development. The
proposed architecture of the development shall:
1. Be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical
and cultural resources.
Staff Finding
The proposed development does not change the existing building's architecture.
2. Incorporate, to the extent practical, natural heating and cooling by
taking advantage of the property's solar access, shade, and vegetation
and by use of non- or less -intensive mechanical systems.
Staff Finding
The physical changes proposed to the building include improving solar access and
increasing natural light to several units by increasing window sizes and installing new
window wells. This criterion is addressed.
3. Accommodate the storage and shedding of snow, ice, and water in a
safe and appropriate manner that does not require significant
maintenance.
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Staff Finding
Existing storage of shedding snow, ice and water is accomplished in an appropriate
manner, and the proposed development will not impact the storage or maintenance of the
current facility.
F. Lighting.
The purpose of this standard is to ensure the exterior of the development
will be lighted in an appropriate manner considering both public safety
and general aesthetic concerns. The following standards shall be
accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up -lighting of site features, buildings, landscape elements,
and lighting to call inordinate attention to the property is prohibited
for residential development.
Staff Finding
All new lighting for the proposed addition will be down directional and in compliance
with the City's lighting code and Uniform Building Code for safety. The new lighting
will be designed to minimize glare onto adjacent properties.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or
recreation area for the mutual benefit of all development in the proposed
PUD, the following criteria shall be met:
1. The proposed amount, location, and design of the common park,
open space, or recreation area enhances the character of the
proposed development, considering existing and proposed structures
and natural landscape features of the property, provides visual relief
to the property's built form, and is available to the mutual benefit of
the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and
recreation areas is deeded in perpetuity (not for a number of years)
to each lot or dwelling unit owner within the PUD or ownership is
proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument
for the permanent care and maintenance of open spaces, recreation
areas, and shared facilities together with a deed restriction against
future residential, commercial, or industrial development.
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Staff Finding
This standard is not applicable because the proposed development does not include a
park, open space or recreation area.
H. Utilities and Publicfacilities.
The purpose of this standard is to ensure the development does not impose an
undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public
facilities associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
Staff Finding
All appropriate utility agencies and the City Engineer were referenced on this application
and reported the ability to serve this project. A condition of approval will be to require
the Applicant to submit a complete set of wastewater plans for the Ullr Lodge to the
Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary
laterals need to be inspected with a television line to see if there is any interference
from roots. If they have blockage, then the lines shall be replaced before they are
connected to the ACSD sanitary lines. Water and ACSD fees will be due at the time
of building permits.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the
developer.
Staff Finding
A condition of approval shall be that the Ullr owner(s) mitigate any public impacts that
this project causes, including but not limited to utility expenses and sanitary sewer and
water lines.
3. Oversized utilities, public facilities, or site improvements are
provided appropriately and where the developer is reimbursed
proportionately for the additional improvement.
Staff Finding
No oversized utility stubs were requested to be installed with this development.
L Access and Circulation. (Only standards 1&2 apply to Minor PUD
applications)
The purpose of this standard is to ensure the development is easily
accessible, does not unduly burden the surrounding road network,
provides adequate pedestrian and recreational trail facilities and
In
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minimizes the use of security gates. The proposed access and circulation
of the development shall meet the following criteria:
1. Each lot, structure, or other land use within the PUD has adequate
access to a public street either directly or through an approved private
road, a pedestrian way, or other area dedicated to public or private
use.
2. The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
the proposed development, or such surrounding roads are proposed to
be improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access
to significant public lands and the rivers are provided through dedicated
public trail easements and are proposed for appropriate improvements
and maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths,
and transportation are proposed to be implemented in an appropriate
manner.
5. Streets in the PUD which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD, or
for lots within the PUD, are minimized to the extent practical.
Staff Finding
The application does not propose any changes to the form or nature of access to public
streets, other than the condition of approval to construct a new sidewalk along 5"' Street
from Main Street to the alley. The sidewalk will improve pedestrian circulation in and
around the site and neighborhood. Trail and existing roads will not be impacted by this
development other than the potential for increased parking by tenants with resident
parking permits.
J. Phasing of Development Plan. (does not apply to Conceptual PUD
applications)
The purpose of this criteria is to ensure partially completed projects do
not create an unnecessary burden on the public or surrounding property
owners and impacts of an individual phase are mitigated adequately. If
phasing of the development plan is proposed, each phase shall be defined
in the adopted final PUD development plan. The phasing plan shall
comply with the following:
1. All phases, including the initial phase, shall be designed to function as
a complete development and shall not be reliant on subsequent
phases.
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2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later
phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees -
in -lieu, construction of any facilities to be used jointly by residents
of the PUD, construction of any required affordable housing, and
any mitigation measures are realized concurrent or prior to the
respective impacts associated with the phase.
Staff Finding
This standard is not applicable because there will only be one phase.
26.480.050 Review Standards: Subdivision
A development application for subdivision review shall comply with the
following standards and requirements:
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
C. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Finding
The proposed subdivision is consistent with the AACP, particularly concerning the
housing and transportation philosophies. It is also consistent with existing land uses in
the area, will not adversely affect future development of surrounding areas, and is in
compliance with all applicable requirements of this Title.
The AACP housing philosophy states that "the private sector must be encouraged
financially and morally to solving the [housing] problem (p. 19)." The Carbondale
Affordable Housing Corporation's proposal for 26 employer owned and operated
affordable housing units implements this philosophy. In addition, it is consistent with
the plan by taking the burden off of the Housing Authority to provide affordable units.
The AACP encourages the provision of employee housing within the Aspen Metro Area,
which this proposal would achieve. It increases the community's stock of affordable
housing units without consuming public monies.
The proposal also implements the plan's transportation philosophy, which calls for
encouraging the use of transit and other alternative modes of travel. Providing
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affordable housing near the downtown core and near a transit stop encourages residents
to walk, bike or take the bus for all local trips. This standard is appropriately addressed.
B. Suitability of landfor subdivision.
a. Land suitability. The proposed subdivision shall not be located
on land unsuitable for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will
be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatialpattern 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 Finding
The proposed subdivision involves changing the use of an existing building from lodge
to multi -family residential. This land is suitable for the change in use because of its
location near the center of town, public transit, and sidewalks, and existing utilization of
public fkilities and services. Intensification of the building's use will increase the
efficiency of public facilities because they are already provided to this site and capable
of accommodating expanded demands by residents.
C. Improvements. The improvements set forth at Chapter 26.580 shall be
provided for the proposed subdivision. These standards may be varied by special
review (See, Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence
to the subdivision design standards would result in incompatibility with the
Aspen Area Comprehensive Plan, the existing, neighboring development
areas, and/or the goals of the community.
2. The applicant shall specify each design standard variation requested
and provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
Staff Finding
The Application is to utilize the existing Ullr Lodge "as is" with minor changes,
including removing the pool and poolroom. The Applicant is not requesting additional
variations to the subdivision design standards.
D. Affordable housing. A subdivision which is comprised of replacement
dwelling units shall be required to provide affordable housing in compliance with
the requirements of Chapter 26.520, Replacement Housing Program. A subdivision
which is comprised of new dwelling units shall be required to provide affordable
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housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
Staff Finding
The Ullr Lodge is being converted from a lodge to a 27-unit multi -family building,
including 26 deed restricted affordable housing units. This standard is appropriately
addressed.
E. School Land Dedication. Compliance with the School Land Dedication
Standards set forth at Chapter 26.630.
Staff Finding
School impact fees for the creation of 27 dwelling units will be approximately
$11,091.60. Fees are assessed for studio/l -bedroom, 2-bedroom, and 3 or more bedroom
dwelling units, but not for dorm units.
Table 1. School Impact Fees for 27 units.
Unit Type
Dedication
Requirement (sq. ft)
Land
Value
Fee per Unit
Number
Total
Lodge/Dorm
0
0
0
10
0
Studio/1 -bedroom
52
$2.70
$140.40
7
$982.80
2-bedroom
416
$2.701
$1,123.201
9
$10,108.80
13-bedroom
1 707
$2.701
$1,908.9F—
11
U
$1,908.90
JTotal Im act Fee
271
$11,091.60�
Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for
Affordable Housin
J. Affordable housing. All affordable housing deed restricted in accordance with
the housing guidelines of the City Council and its housing designee shall be exempt. The
review of any request for exemption of housing pursuant to this Section shall include a
determination of the City's need for such housing, considering the proposed
development's compliance with an adopted housing plan, the number of dwelling units
proposed and their location, the type of dwelling units proposed, specifically regarding
the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of
the proposed development, and the proposed price categories to which the dwelling
units are to be deed restricted. This exemption is deducted from the respective annual
development allotment established pursuant to Section 26.470.040 and from the Aspen
Metro Area development ceilings established pursuant to Section 26.470.030. Review is by
City Council.
Staff Finding
The project is exempt from GMQS because 26 dwelling units will be deed restricted to
affordable housing and I unit will be free market. Section 26.470.070(F) Change in Use
allows the project to be exempt as long as "No more than one residential unit ivill be
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created" A previous code interpretation of this section stated that the one residential unit
may be a free market unit. This standard is addressed for this project to be GMQS exempt.
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is
MEMORANDUM
To- Nick Lelack, Planner
From- Ben Ludlow, Project Engineer
Reference DRC Caseload Coordinator
Date- February 2, 2000
Re: Ullr Lodge (Draft Response)
EXHIBIT B
REFERRAL COMMENTS
The Development Review Committee has reviewed the Ullr Lodge application at their
January 19, 2000 meeting, and has compiled the following comments:
General
I . Sufficiency of Submittal: DRC comments are based on the fact that we believe
that the submitted site plan is accurate, that it shows all site features, and that it is feasible.
The wording must be carried forward exactly as written unless prior consent is received from
the Engineering Department. This is to alleviate problems related to approvals tied to
"issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment license
requirements.
S I
itp Rpview
I . Site Drainage — Requirement — The drainage report submitted with the
application is insufficient. The site development approvals must include the requirement
meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a
requirement that, prior to the building permit application, a drainage mitigation plan
(24"06" size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for review and
approval by the Engineering Department. The mitigation plan must also address the
temporary sediment control and containment plan for the construction phase. If drywells are
an acceptable solution for site drainage, a soils report must be provided with a percolation
test to verify the feasibility of this type of system. Drywells have depths well below depth of
frost (10' minimum) to function in cold weather. The drainage plan must contain a statement
specifying the routine maintenance required by property owner(s) to ensure continued and
proper performance. Drywells may not be placed within public right of way or utility
easements. The foundation drainage system should be separate from storm drainage, must be
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detained and routed on site, and must be shown on drainage plans prior to application for
building permit. The drainage may be conveyed to existing landscaped areas if the drainage
report demonstrates that the percolation rate and the detention volume meet the design storm.
Information — The City drainage criteria needs to implemented. This
includes but is not limited to erosion control, soil stabilization, and vegetation disturbance.
Also, there needs to be an analysis of where the drainage will flow and what adverse affects
may arise from potential mud and debris flow.
2. Sidewalk, Curb, and Gutter — Requirement- The submitted plat does not show
the installation of curb, gutter, and sidewalk along roadways. As of the request of the
Engineering Department revisions need to be made, if urban design features are proposed, as
follows:
a. All streets and access roads need to have curb and gutter upgrades that comply
with City of Aspen standards unless already approved by the City Engineering
Department.
b. All streets and access roads need to have sidewalks that coniply with City of
Aspen standards.
c. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist on
an easement within property boundaries. The sidewalk will conform to
City of Aspen Standards and will include the installation of curb. The
sidewalk will also have tree well grates to allow for the existing trees to
stay. This sidewalk will be placed from the existing improved Main Street
sidewalk to the alley between Main and Bleeker Streets.
3. Fire Protection District — Information — The application states that all of the
office space, retail space, and employee housing will be sprinkled. As of the request of the
Fire Protection District revisions need to be made as follows:
a. There should be maintenance of the existing fire alarms in the building to avoid
failure.
b. The installation of Residential Sprinkler Systems is requested, but may not be
bound by local codes. There may be a required installation of Residential
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Sprinkler Systems in the new 1900 sf area that will be upgraded to three new
units.
4. Parks Department — Information -
The Main Street right-of-way adjacent to this property has been neglected for years. It
should be a condition of approval for the PUD that the applicant improves the ROW and
maintain it regularly. The only improvement that will be required is grass seeding. A
suggested type of grass that may do well in this area is a turf -type tall fescue. An irrigation
system is not required for the ROW. If one is proposed, then the system must be approved
by the Parks Department prior to installation to avoid or minimize impacts to the existing
street trees. It is already a municipal law that the adjacent property owner is responsible for
maintenance of the ROW. Maintenance responsibilities include irrigating and grass
trimming. The City is responsible for street tree maintenance including tree trimming and
installation.
The City Forester has approved the removal of one dying tree near the alley between Main
and Bleeker Streets. This approval will allow for the continuation of the required sidewalk to
the alley. Also, the City Forester has requested that for the extension of the sidewalk to Main
Street, the applicant should avoid damage to the existing conifer by "ramping" the sidewalk
over the existing ground. Finally the City Forester would like to have landscaping between
the existing wall on Main Street and the existing sidewalk. This landscaping should be
similar to the landscaping along the Main Street Parkway.
5. Utilities (General) — Information — All use of City utilities must be planned
accordingly.
6. Streets Department — Requirement - As of the request of the Engineering
Department revisions need to be made as follows:
a. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
7. Utilities:
- Water:
City Water Department
Requirement —
a. All uses and construction will comply with the City of Aspen Water
System Standards and with Title 25 and applicable portions of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal code as
they pertain to utilities.
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Wastewater:
Aspen Consolidated Waste District
Requirement — As a request of the Consolidated Waste District, revisions
need to be made as follows:
a. A set of plans for the Ullr Lodge must be given to Peg in the ACSD office
for review.
b. The clay tile sanitary laterals need to be inspected with a television line to
see if there is any interference from roots. If they have blockage, then the
lines need to be replaced before they can be connected to the ACSD
sanitary lines.
- Construction:
Work in the Public Right of Way
Requirement — Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
Approvals
1. Engineering: The applicant receives approval from the City Engineering Department
(920-5080) for design of improvements, including landscaping, within
public rights of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for tree removal permits, landscaping in the ROW, vegetation
species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department (920-
5130) for mailboxes, streets, and alley.
4. Permits: Obtain permits for any work or development, including street cuts,
landscaping, within the public rights of way from the city community
development department.
DRC Attendees
Staff. Nick Adeh Applicant's Representative: Katie Updike
Ed Van Walraven
Nick Lelack
Tom Bracewell
Phil Overynder
Ben Ludlow
Becca Schickling
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Aspen Consolidated Sanitation District
Sy Kelly * Chairman John Keleher
Paul Smith * Treas Frank Loushin
Michael Kelly * Secy
Bruce Matherly, Mgr
January 24, 1996
Nick Lelack
Community Development
130 S. Galena
Aspen, CO 81611
Re: UIr Lodge minor PUD
Dear Nick �
The Ullr Lodge is currently served by the District. The formal conversion of the lodge to
condominimized units will require the completion of an incremental tap permit. We will require
the completion of the permit and payment of fees prior to the issuance of a building permit.
Service, as usual, is contingent upon compliance with the District's rules, regulations, and
specifications which are on file at the District office.
The lodge is currently served by two old clay service lines both of which must be inspected by
closed circuit t.v. in order to determine if the service lines need to be replaced. All clear water
connections (roof drains, foundation drains, patio drains, etc.) must be directed to dry well and
cannot be connected to the public wastewater system.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537
FEB. 1.2000 10:46AM * HOUSING OFC 0 NO.273 P.1
MEMORANDUM
TO: Nick Lelack, Community Development Dept,
FROM: Cindy Christensen, Housing Office
DATE: February 1, 2000
RE: MINOR PUD FOR ULLR LODGE
Parcel ID No.
ISSUE! The applicant, Carbondale Affordable Housing Corporation (CAHC), Is
requesting approval from the City to convert the UlIr Lodge to employer -owned and
operated affordable housing under a Minor Planned Unit Development. The Aspentpitkin
County Housing Authority (APCHA) initiated this proposal as a possible private sector
model for addressing affordable housing needs,
RACKGROVND; The housing to be created was sponsored in part by APCHA through a
loan for the earnest money, The project Is to be 100% affordable housing and is to
conform with various affordable housing deed restrictions. The Housing Board held
worksessions on this proposal in 1999 and held a formal meeting regarding the deed
restriction on November 3, 1999.
RO-OMMENDATM.' The Housing Board recommends approval of this request, with
the condition that the final deed restriction be brought to the Housing Board for final input
and approval.
\mforraNdr.doo
0
MEMORANDUM
To: Nick Lelack, Planner
From- Ben Ludlow, Project Engineer
Reference DRC Caseload Coordinator
Date- February 2, 2000
Re: Ullr Lodge (Draft Response)
0
The Development Review Committee has reviewed the UlIr Lodge application at their
January 19, 2000 meeting, and has compiled the following comments:
General
1 . Sufficiency of Submittal: DRC comments are based on the fact that we believe
that the submitted site plan is accurate, that it shows all site features, and that it is
feasible. The wording must be carried forward exactly as written unless prior consent is
received from the Engineering Department. This is to alleviate problems related to
approvals tied to "issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Site Review
1 . Site Drainage — Requirement — The drainage report submitted with the
application is insufficient. The site development approvals must include the requirement
meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a
requirement that, prior to the building permit application, a drainage mitigation plan
(24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for review
and approval by the Engineering Department. The mitigation plan must also address the
temporary sediment control and containment plan for the construction phase. If drywells
are an acceptable solution for site drainage, a soils report must be provided with a
percolation test to verify the feasibility of this type of system. Drywells have depths well
below depth of frost (10' minimum) to function in cold weather. The drainage plan must
contain a statement specifying the routine maintenance required by property owner(s) to
ensure continued and proper performance. Drywells may not be placed within public
right of way or utility easements. The foundation drainage system should be separate
from storm drainage, must be detained and routed on site, and must be shown on
drainage plans prior to application for building permit. The drainage may be conveyed to
existing landscaped areas if the drainage report demonstrates that the percolation rate
and the detention volume meet the design storm.
0 0
Page 2 of 4
02/02/00
U11r Lodge
Information — The City drainage criteria needs to implemented. This
includes but is not limited to erosion control, soil stabilization, and vegetation
disturbance. Also, there needs to be an analysis of where the drainage will flow and
what adverse affects may arise from potential mud and debris flow.
2. Sidewalk, Curb, and Gutter — Requirement- The submitted plat does not show
the installation of curb, gutter, and sidewalk along roadways. As of the request of the
Engineering Department revisions need to be made, if urban design features are
proposed, as follows:
a. All streets and access roads need to have curb and gutter upgrades that
comply with City of Aspen standards unless already approved by the City
Engineering Department.
b. All streets and access roads need to have sidewalks that comply with City of
Aspen standards.
c. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of
Aspen Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking/sidewalk situation. This improvement
has been agreed upon by the developer and Engineering Department as
follows:
The City Engineering Department has approved of the installation of a
sidewalk in front of the existing parking area. This sidewalk will exist
on an easement within property boundaries. The sidewalk will
conform to City of Aspen Standards and will include the installation of
curb. The sidewalk will also have tree well grates to allow for the
existing trees to stay. This sidewalk will be placed from the existing
improved Main Street sidewalk to the alley between Main and Bleeker
Streets.
3. Fire Protection District — Information — The application states that all of the
office space, retail space, and employee housing will be sprinkled. As of the request of
the Fire Protection District revisions need to be made as follows:
a. There should be maintenance of the existing fire alarms in the building to
avoid failure.
b. The installation of Residential Sprinkler Systems is requested, but may not be
bound by local codes. There may be a required installation of Residential
Sprinkler Systems in the new 1900 sf area that will be upgraded to three new
units.
4. Parks Department — Information -
The Main Street right-of-way adjacent to this property has been neglected for years. It
should be a condition of approval for the PUD that the applicant improves the ROW and
maintain it regularly. The only improvement that will be required is grass seeding. A
suggested type of grass that may do well in this area is a turf -type tall fescue. An
0 0
Page 3 of 4
02/02/00
U11r Lodge
irrigation system is not required for the ROW. If one is proposed, then the system must
be approved by the Parks Department prior to installation to avoid or minimize impacts
to the existing street trees. It is already a municipal law that the adjacent property owner
is responsible for maintenance of the ROW. Maintenance responsibilities include
irrigating and grass trimming. The City is responsible for street tree maintenance
including tree trimming and installation.
The City Forester has approved the removal of one dying tree near the alley between
Main and Bleeker Streets. This approval will allow for the continuation of the required
sidewalk to the alley. Also, the City Forester has requested that for the extension of the
sidewalk to Main Street, the applicant should avoid damage to the existing conifer by
11 ramping" the sidewalk over the existing ground. Finally the City Forester would like to
have landscaping between the existing wall on Main Street and the existing sidewalk.
This landscaping should be similar to the landscaping along the Main Street Parkway.
5. Utilities (General) — Information — All use of City utilities must be planned
accordingly.
6. Streets Department — Requirement - As of the request of the Engineering
Department revisions need to be made as follows:
a. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
7. Utilities:
- Water:
City Water Department
Requirement —
a. All uses and construction will comply with the City of Aspen Water
System Standards and with Title 25 and applicable portions of Title 8
(Water Conservation and Plumbing Advisory Code) of the Aspen
Municipal code as they pertain to utilities.
- Wastewater:
Aspen Consolidated Waste District
Requirement — As a request of the Consolidated Waste District, revisions
need to be made as follows:
a. A set of plans for the Ullr Lodge must be given to Peg in the ACSID
office for review.
b. The clay tile sanitary laterals need to be inspected with a television
line to see if there is any interference from roots. If they have
blockage, then the lines need to be replaced before they can be
connected to the ACSD sanitary lines.
0
0
Page 4 of 4
02/02/00
UlIr Lodge
- Construction:
Work in the Public Right of Way
Requirement — Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the
applicant as follows:
Approvals
1. Engineering: The applicant receives approval from the City Engineering
Department (920-5080) for design of improvements, including
landscaping, within public rights of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for tree removal permits, landscaping in the ROW,
vegetation species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department
(920-5130) for mailboxes, streets, and alley.
4. Permits: Obtain permits for any work or development, including street cuts,
landscaping, within the public rights of way from the city
community development department.
DRC Attendees
Staff: Nick Adeh Applicant's Representative: Katie Updike
Ed Van Walraven
Nick Lelack
Tom Bracewell
Phil Overynder
Ben Ludlow
Becca Schickling
Katie Updike, 01:33 PM 51ft 00, U11r Page I of I
X-Sender: kupdike@rof.net
X-Mailer: Windows Eudora Pro Version 3.0 (32)
Date: Tue, 02 May 2000 13:33:40 -0600
To: Nick Lelack <nickl@ci.aspen.co.us>
From: Katie Updike <kupdike@rof.net>
Subject: Ullr
Nick -
Thanks for helping get the demo permit out ... seemed to be a lot of
confusion, just needed the prod. Oddly enough, when I talked to Sarah
1-1/2 weeks ago I thoguht we were a day a way just waiting for HPC to sign.
Amy in fact returned and said she had signed when it first came
in ... confusion. Oh well. We're back to work again. Thanks.
Nick, I just received word from Farrell that he did not think it was a good
idea to waive the school fees. Long time to decide, but not a surprise. I
am wondering, however, about what the final permit fees are going to be.
I've been told various things on the permits issued so far. First, that if
it is 100% affordable all fees are waived. Then, no, because there is a
free market unit (even tho'we're not doing any work on that unit). Who is
it that makes the determination. Do I need to apply? Does the Housing
Office need to do something? Just need to know.
Many thanks,
Katie
PS. There seems to be some interest (nascent) about trying to document and
repeat the Ullr experiment ... maybe with new construction, maybe rehab. I
will look forward to hearing your thoughts on the concept and where it fits
in to the over-all planning.
Printed for Nick Lelack <nickl@ci. aspen. co. us> 5110100
40
MEMORANDUM
To: Nick Lelack, Planner
From: Ben Ludlow, Project Engineer
Date: June 2, 2000
Re: ULLR Commons PUD Plat
1. There is no indication of trash storage on the submitted plat. If the plat is signed
without trash storage, then it will be illegal for there to be onsite trash storage and will
be subject to regular inspection.
From: Katie Updike 970-963-9170 To: Nick Lel 00
Date: 6/1 /00 Time: 10:03:48 AM
a
Page I of I
BUILDING SOLUTIONS
L. Updike
To: Nick Lelack at 9, 1970-920-5439
35 East Wacker Dirive
Sufte 1522
iGbicago, Blinds 60601
312-444 -1007 pbone
312 - 444 - 9754 fax
kupidthearofna
Colorado Office:
8300 County Road #3
Marble, Colorado 81623
For Information Call: 970-963-9511
From : Katie Updike At: Building Solutions LLC
Pages: 1 Re:UIIr I Fax Number: 970-963-9170
Nick - Following email was returned so I am emailing. Email address change? Katie
essage-ld: <3.0.32.2000053116582O.00b3240c(grof.net>
X-Sender: kupdike(*rof.net
X-Mailer: Windows Eudora Pro Version 3.0 (32)
Date: Wed, 31 May 2000 17:08:15 -0600
To: Nick Lelack <nickl(*ci.aspen.co.us>
From: Katie Updike <kupdike4b1dgsolutions.com>
Subject: URr Development Agreement
Cc: Richard de Campo <rdecampo*biUposs.com>,
"E. Michael Hoffman" <mikeh(j�aspenconnect.com>
Mime -Version: 1.0
Content -Type: text/plain; charset--"us-ascii"
Nick -
Hopefully we are getting to the end of the building permit wait. We are
trying,however, per your and Julie Ann's recommendation to stay on top of
the PUD Agreement recording. Unfortunately, I don't know who other than
you to follow-up with. How can we track this? Should we call Worchester?
Do we need to walk it around?
Please advise.
Thanks,
Katie
Cover pages by Deffina
% 0
LoCAL
U11r Lodge to become
unique housing opportunity
Asw DWty News Staff Report
Monday night, Aspen City Council
approved use of the now -defunct Ullr Lodge
for a unique employee housing project that
could be in operation as early as this summer.
The 26-unit project will be owned and
operated by a variety pf local employers and
rented out to their employees at subsidized
rates. An additional unit will be reserved for
an on -site manager.
. The employer -controlled project was
applauded by the council and members of the
public, who attended the meeting to show
their support for the project, which will not
require a government subsidy.
Approval for the housing was unanimous.
It will be called the Ullr Commons, and
include a complete remodel and the creation
of studios, one- and two -bedroom units and a
A -1 - 44 _W_�% 0 -9
common kitchen.
Despite some concerns about potential
problems in the neighborhood of Main and
Fifth streets, 16 on -site parking spots will be
provided for what could be an additional 30
or more residents in the area. Twenty-seven
neighborhood permits were issued.
The employers said Othey will create incen-
tives to encourage their employee -tenants to
not own cars.
Councilman Jim Markalunas suggested the
Carbondale Affordable Housing corcIp., which
recently purchased the former lodge, look
into establishing a "community -car" for resi-
dents of the units to share. Markalunas said
community -cars have been a success on the
West Coast and may be purchased, or leased,
from rental car agencies.
Housing
CKY OKS plans for Wir
As early as this summer, the old Ullr Lodge will
become the Ullr Commons, making it probably the
quickest completion of an affordable housing pro-
ject ever. C�
It also will be the latest experiment in ways to
provide affordable housing without building a
hug cr vernment project.
,-e go
The Aspen City Council on Monday gave final
approval for the conversion, which is being han-
dled by the Carbondale Affordable Housing Corp.
and a group of Aspen employers.
Under the approved plan, the Main Street lodge
will be remodeled to create 27 housing units —
studios and one- or two -bedroom units, some of
which will be dorrm*iory-style and have access to a
common kitchen.
In addition, one unit will be a free-market apart-
ment.
These units are to. be purchased by local
employers and rented to their employees at subsi-
dized rates, with one reserved for an on -site man-
ager.
The only issue that caused any contention
among those at the public hearing Monday was
parking. Neighbors worried that the overflow from
the project would congest the neighborhood streets.
The council decided to go ahead with a plan to
provide 16 on -site spaces (including 10 curbside
spaces on Fifth Street that will be leased to the
homeowners association) and another 27 neigh-
borhood permits.
In addition, the employers will do what they can
to encourage their employee -tenants to do without
cars.
IL % 0
COUNCIL PRESENTATION NOTES: ULLR
I
A. ULLR LODGE
%/ I
1. Reviewprocess— TWIWP_Y_�. jowit,
1 1. �6k_ M41"Rot NO . S&Z
AA"Gyt
muzoo-ConsondaLed UD because L serves a s gn cam commun Ly nLereSL
and limited # of issues involved.
Subdivision — to create 27 dwelling units.
GMQS Exemption for AH.
a *,e, 4
?U"W V� he, L MNVw
Previous Action:
a. PZ unanimously approved the consolidated PUD (combined with
special review for parking) and Subdivision.
b. HPC unanimously approved the n4mor t to remove the
swimming pool and pool room to make the court yard more functional
for the building's residents.
c. Housing Board unanimously recommended approval of the GMQS
Exemption for AH.
2. ��the jmt� t
a.
01448, -and 1 4e-- M-R-r-Iff-es- Hjp�t
0i) b. Carbondale AH Corp. contracted to buy Ullr for this purpose.
c. subinifted — IM ighial request was to create 3 0 units.
3. Issues
a. establish a PUD to convert the lodge to a multi -family residential
building. Establish dimensional requirements — including parking.
Establish existing dimensions.
PARKING
Code requires 2 for multi -family units (I -bedroom or studio)
36 required parking spaces for this building
16-18 spaces available
Employers agreed to:
1) rent incentives for employees without cars
2) charge employees with cars for parking
3) create attractive car rental rates for employees with no personal car
4) subsidize transportation passes
5) give rental preferences to employees without an automobile
IIL % 0
Staff believes that because there is a serious deficiency of on -site
parking spaces, the Applicant should be required to implement at
least three of the concepts. Specifically, staff believes that (a) rent
incentives for employees without cars, (d) subsidized RFTA
transportation passes, and (e) rental preferences to employees without
an automobile should be required and be made conditions of
approval.
Tim Ware, Director of Parking Control, believes that there will be
more individuals occupying the building more of the time, which will
result in more cars parking on site and in the neighborhood. Mr.
Ware recommends imposing a condition of approval that
requires the maximum number of residential parking permits
allowed for the Ullr Lodge's residents be limited to a maximum
of 36.
Community Development Staff, however, is -not supportive of
reducing the street parking passes in a manner different from that
offered to the general publi .
b. Subdivision to create 27 dwelling units. 26 deed restricted units
and I free market unit. Sell to employers for costs incurred to
purchase and remodel them. Employers will deed restrict to resale
at 3% and category 3 or 4. Building is being upgraded per UCBC
standards — which allow the community to preserve and more
efficiently utilize its existing stock of buildings and to make them
safe.
c. Sidewalk to improve pedestrian circulation on around the site from
Main Street to alley on 5 th street. Parks has reviewed.
d. 2 issues raised in Tom Smith's letter concerning housing policy.
This issue regarding the potential Sale of Units to Employees has
been resolved to the satis tion of both parties. The one
outstanding iq�ue is over4oreclosure and Waiver of Deed
Restrictio44FIS'provision essentially allows lenders, in the
event of a foreclosure by an employer owner, to lift the deed
restriction and sell the unit on the free market provided that
the Housing Authority is given an opportunity to first acquire
the unit.
According to Tom Smith, HA attorney, the provision is typically
found in the deed restriction for individual sale units. He and
Mary Roberts do not believe that this should be a staff decision to
include this provision in the deed restriction unless authorized by
City Council.
4. Staff Recommends approval for the following reasons
a. The proposal meets the review criteria
b. 26 deed restricted AH units
c. Location — walking and biking distance to downtown, parks,
transit, all of Aspen.
d. Upgrade the entire building for all life safety and UCBC standards.
e. Very minor external changes to the building are proposed.
f. Sidewalk that meets City Engineer and Parks standards.
g. Lease parking spaces.
IV
MAR.25.2000 7:19PM A 9 N PEIRCE & SMITH
NO. 974 P. 2/4
AUSrnN, PEIRCE & SMffH, P.C.
Aemneys Ac Law
600 Z, 11-iopkins Avenue
SUiEe 205
Aspen, Colorado $1611
Fred,ceick Peirce
n, cmas Fcnwn 8
mi-ch*
Ronald D. Austin
QF =VNIEL
John M. Lassalerre"
*A�o Admined in DelawaTe
*OA4c Admirted m Washmgron
March 25, 2000
VZA FAX ONL F 92 0-5119
City of Council of the City of Aspen
c/o John P. Worcester, Esq,
City Attorney
130 South Galena Street
RIE: Ullr Lodge / Commons Consolidated PUD Review
Dear Members of the Council:
Telephone
(970) 925-2600
Fautmile
(970) 9Z�-471-0
This letter is submitted to you on behalf of the Aspen / Pitkin County Housing Authority in
connection with the above referenced application. Although the Housing Office does not ordinarily
review a deed restriction until approval for a project has been granted, in this case we have been
asked to review and discuss the proposed master deed restriction with the applicant and we have
done so. Because I will be out of 'town on Monday, March 27, 2000, when this matter will be
considered by you, this letter is being submitted for your consideration.
Mary Roberts and I have re,,iewed and commented on the applic ant's proposed master deed
restriction, We request that you consider two issues so that the Housing Office has the necessary
direction for incorporating the resolution of these issues into a deed restrictiori. These issues are as
follows:
I . Sale of Units to E=lovees. The applicadon ide, 'ifies the proposed project as an
"employer owned and operated affordable housing complex." it is described as a 27 unit project,
26 of which would be deed restricted aff-ordable housing rental units, However, the proposed deed
restriction states that "an Owner may convey its entire interest in a unit to any employee of that
Owner," It is the position of Housing Office staff and this office that the project does not identify
the potential for condominiumization and sale of individual units to employees. This would be a
different project from that which is reflected in the appl.ication. There area number of new issues
1 4- MIN
MAR.25.2020 7:iePM AUW PEIRCE & SMITH No.e74 P.3/4
0
AUSTIN; PEIRCE & SN[ITH, P.C,
AEromeys Ac Law
March 25, 2000
Page 2
posed by the ability to condominiumize and sell the individual units to employees, While we do not
doubt the applicant's intent that these would be primarily employer owned rental units, over time
they could all become sale units, We are not sure that the nature of this property is such that sale
units are appropriate. In addition, a number of additional matters arise in connection with the
potential for future employee ownership, This is not to suggest that Cotincil would not be within
its discretion to authorize the applicant to convert the rental units to sale units, but this is rot
reflected in the application and the Housing Office requests direction on this issue,
1) Foreclosum and Waiver of Deed Rcstrictio , The proposal includes a request that
is typically found in the deed restriction for individual sale units, but that to our knowledge has not
been implemented in connectionArith rental projects, For this mason alone, we believe that it should
riot be a staff decision to include this provision in the dead restriction unless authorized by City
Council,
As we understand it, it is the applicant's position that financing for the project,,&ill not be
approved in the absence of a provision that, in the event of foreclosure, the deed restriction would
be lifted provided that the Housing Authority is given an opportunity to flTSt Etcquim the Property.
The applicant will be present at the hearing to expand upon their position regarding this issue, Fror.1
the Housing Office standpoint, there are several factors that should be considered in addi'non to the
appli,cant's needs, First is whether This would establish a precedent for future rental projects. TEs
is a somewhat unique project as described in the application and you may find t1at tl�s is not a
significant concern, Second, it would not be appropriate for the Housing Office itself to agree to
include this provision in the deed restriction since it does not have te funds to purchase property
in order to avoid the eff-ect of foreclosure. Third, while we have no reason to question the applicant's
need for this as expressed by its potential lender, there maybe different consideratioris where a rental
project is concerned as opposed to individual sale units, It is possible that the entire Ullr Lodge /
Commorls, or blocks of units within the project, would be owned by an individual oAmer or small
group of owners, In that event, thelre could be a significant expense involved in purchasing the
property in order to avoid having it go free marl:et, 6n this issue we take no firm position but seek
the direction of City Council.
3. Miscellaregus. We have discussed a number of other issues with the applicant and
believe that we have agreement, These include our understanding that "Qualifled Tenants",%ill
include employees of the owners, employees qualified under the guidelines, and tenants who may
lease on a short term basis (less than 6 months) provided that they are music students or similar
seasonal occupants. The qualifications of long term tenants will be as specified in the Guidelines,
The initial determination of qualification will be made by the owner with the requirement that the
information be provided to the Housing Office and that the Housing Office would have the ability
to enforce these requirements, Tenants would be subject to the income, asset, and employment
qualifications contained in the Guidelines. Rent would be as established by the Guidelines, but in
MAR-25.2000 7:19PM AWN PEIRCE & SMITH No.e74 P.4/4
0
AUSTIN, PEIRCE & SMITH, P.C,
Ar.orneys At Law
M-=h 25, 2000
Page 3
no event to exceed 40% of household income as determined at the commencement of the lease.
Otherwise, we anticipate that the deed restriction will follow the standard form.
We therefore request that you provide directionto the Housing Office regarding the potential
for sale of the units to resideat employees and whether the ability to obtain a waiver of the deed
restriction would be permitted in the event of foreclosure and the inability of the Housing Authority
to purchase the property, We are of course receptive to any other direction you may wish to provide
in connection with the deed restriction.
Very truly yours,
AUSTW, PEIRCE & SMITH,P,C,
0-0
Thomas F
cc: Mary Roberts (via fax only 920-5580)
Cindy Christensen (via fax only 920-5580)
Nick LcLack, City Planuing Department (via fax only 920-5439)
E, Michael Hoffinan, Esq. (via fax only 920-4249)
PUBLIC NOTICE
RE: ULLR LODGE GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTION FOR AFFORDABLE HOUSING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March
15, 2000 at a meeting to begin at 5:00 p.m. before the Aspen/ Pitkin County Housing
Board, at Plaza 1, 530 East Main Street, Aspen, to consider an application submitted by
the Carbondale Affordable Housing Corporation for a Growth Management Quota
System Exemption for Affordable Housing. The property is commonly known as the
Ullr Lodge, and is described as Lots K, M, N, and the west half of 0, Block 30, City and
Townsite of Aspen. For further information, contact Nick Lelack at the Aspen/Pitkin
County Community Development Department, 130 S. Galena St., Aspen, CO.(970) 920-
5095, nickl@ci.aspen.co.us.
s/Jackie Kasabacb, Chair
Aspen/Pitkin County Housing Authority Board
Published in the Aspen Times on February 25, 2000
City of Aspen Account
Applicant's Responses to Chapter 26.480.050 Review Standards for Subdivision
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
C. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
APPLICANT'S RESPONSE: The Aspen Community Plan supports the provision of
employee housing within the Aspen Metro Area. The Ullr Lodge is not part of the Lodge
Preservation District, however, consideration has been given to the removal of lodge
units. In recent years the Ullr has been occupied at least 50% by longer term Aspen
employees rather than lodge guests. For this reason the Applicant and the Housing
Office considered that the preservation of the building and lodge as affordable housing
was important and consistent with the Community Plan. No significant changes are
t� t:1
being proposed to the building. No exterior additions are being proposed other than stair
access consistent with the character of the building. The proposed development will have
=1
no impact on the future development of the surrounding area.
B. Suitability of landfor subdivision.
a. Land suitability. The proposed subdivision shall not be located
on land unsuitable for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will
be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatialpattern efflicient. The proposed subdivision shall not be
desi-ned to create spatial patterns that cause inefficiencies,
e9
duplication or premature extension of public facilities and
unnecessary public costs.
APPLICANT'S RESPONSE: The Ullr is located at 520 West Main street. It is a flat
site and is in the center of the Town's public facilities. This makes the Ullr an ideal site
for affordable housing and in -fill development in general.
C. Improvements. The improvements set forth at Chapter 26.580 shall be
provided for the proposed subdivision. These standards may be varied by special
review (See, Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence
to the subdivision design standards would result in incompatibility
with the Aspen Area Comprehensive Plan, the existing, neighboring
development areas, and/or the goals of the community.
2. The applicant shall specify each design standard variation requested
and provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
APPLICANT'S RESPONSE: The Ullr is an existino, buildina. No alterations are being
made to its exterior design, its setbacks or its relationship to common utilities and
infrastructure. The Applicant has reviewed all of the criteria under the Engineering
Department Regulations in Section 26.580.020. None of these guidelines relate to the
work proposed.
D. Affordable housing. A subdivision which is comprised of replacement
dwelling units shall be required to provide affordable housing in compliance with
the requirements of Chapter 26.520, Replacement Housing Program. A subdivision
which is comprised of new dwelling units shall be required to provide affordable
0
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
APPLICANT'S RESPONSE: The Ullr is being converted to a project which will be
100% affordable housing. The project was initiated under the sponsorship of the Aspen
Pitkin County Housing Authority as a project that the private sector (employers) could
undertake in order to help address the critical shortage of housing.
E. School Land Dedication. Compliance with the School Land Dedication
Standards set forth at Chapter 26.630
APPLICANT'S RESPONSE: There is no land available on the existing site for a land
dedication. The Applicant is seeking the approval of the Aspen Public School District
and the Council for a waiver of the school land dedication or fees, for the following
reasons:
0 The Ullr is currently being used as housing — not strictly for short-term
guests.
• The Ullr will help alleviate the severe shortage of permanent housing in
Aspen, a problem which the school district faces in housing its employees.
• The School District can participate with the sponsoring employers and has
been offered such a position.
• The housing is composed of very small units. Given the nature of the
configuration, it is less likely that the housing will be used by families with
school children. Most of the units are most suitable for single adults, or
adults sharing a unit with another adult.
• Cash in -lieu payments will increase the substantial subsidies already being
provided by the employers. There is no profit.
JAN. 2T
% POSS ASSOCIATES
606 EAST MAIN STREET
ASPEN. COLORADO 6 1811
TELEPHONE 9701925-4796
FACEIA41LE 97V920-2950
MEMORANDUM
NO. 396 P - 1,1/7
TO: Nick Adeh, Engineering Department VIA: fax 920-5081
FROM: Richard de Campo, AIA, P-5
CC: Katie Updike, Nick Lefack fax- 920-5439, 963-9170
DATE: January 27, 2000 7 pages
RE. Handicapped parking access for ULLR BPA Job # 9929.00 -6.1
Nick - Thanks for meeting with us at the ULLR yesterday to clarify what the city will
require regarding sidewalk improvements. I picked up the "Interim Design and
Construction Standards" from your office, but couldn't find something that related
specifically to the layout for a curbed sidewalk with handicapped parking space and
access aisle. Regarding the access to the handicapped parking space, my
understanding of what you thought would be acceptable is a:36" wide access aisle that
could slope down 6' from the curb at 1: 12 to a level area next to where a handicapped
person would exit a vehicle. If I understood you correctly, the attached sketch labeled
Figure "A7 shows that configuration.
The Colorado statutes for handicapped accessibility refer to the most current
version of ANSI Al 17.1. 1 have attached some relevant pages from that document for
your reference. I see several differences between what you suggested and the ANSI
standards. Although a curb ramp may be only 36" wide, 1) the access aisle for a
handicapped car space must be 60" wide, 2) the curb ramp you proposed would need
to have a flared side to it, which is not allowed to extend into the parking space, and 3)
access aisles must extend the full length of the space they serve and have slopes not
steeper than 1:48.
1�igure "B" is what I had in my mind and was trying to describe to you, but at the
time you didn't think it was acceptable. As far as I can tell, it meets all the ANSI
handicapped criteria as well as your criteria for a 5'sidewalk with a vertical curb. Would
this be acceptable to you? I've also attached the premous survey drawing of that corner
for/refeTce of e)osting conditions, If you have,-bfher. sugo�stions, please fak me a
X
gi
3
Lel t
L)
2 '4 �
j :3 �f B I POSS ASSOCIATES
NO, 396 P. 2/7
sketch. The only thing that I'm not clear about (and maybe I need to re -visit whats there
now), is how the existing segment of sidewalk on 5�1 Street transitions to the HIC access
aisle. I'm not sure how much is curbed or not. I would welcome any suggestions you
have on that.
I'd appreciate it if you could look this over and lot me know what you think. I'll be out of
the office on Friday, but will be in all next week.
Thanks again for your input.
encl: Figures "A"& "B" for ULLR Handicapped Parking
site survey excerpt of NE comer of 51h & Main
Page 2 of 2
JAN-27.2000 5:34PM
AMERICAN NATIONAL
BILL POSS ASSOCIATES 49 a NO-396 P. 3/7
1AMr cr':ha,m�er S. neral Sft and Building Sem"ift
Chapter 5. General Site and Building Elements
501 General
601.1 Scope. General site and building elements
required to be accessible by the scoping provisions
adopted bythe administrative authority shall comply
with the applicable provisions of this chapter.
SM Parking Spaces
502-1 General. Accessible parking spaces shall
comply with Section 50-2.
SM2 Vehicle Spaces. Car and van parking spaces
shall be 96 inches (2440 mm) wide minimum and
11r
shall have an adjacent access aisle complying with
Section 502.3,
96 min
2440
Fig. 502.2
Vehicle Parking Space
502.3 Access Aisle. Access aisles serving parking
spaces shall comply with Sections 502.3.1 through
502-3.3. Parking access aisles shall be pad of the
accessible route to the building or facility eniTance
and shall comply with Section 4021, Two parking
spaces shall be permnteci to share a common ac-
cess aisle. Parked vehicle overhangs shall not re-
duce the clear width of an accessible route.
--3p$02.3.1 Width. Access aisles serving car park-
ing spaces shall be 60 in
,22) ches 1525 mm) wide
minimum. Access aisles serving van parking
spaces shall be 96 inches (2440 mm) wide
minimum. I
502.3.2 Length. Access alles shall e)dend the
full lenath of the oarkinq,& "ceS-they serve.
502,3.3 Marking. Access aisles shall be
marked so as to discourage parking in them.
502.4 Floor or Ground Surfaces. Parking spaces
and access aisles shall have surface slopes not
steeper than 1:48. Access aisles shall be at the
same level as the parking spaces they serve.
502.5 Vertical Clearance. Parking spaces for varis
shall have a vertical clearance of 98 inches (2490
mm) minimum at the space and along the vehicular
route thereto.
SM.6 IdentMcation. Where ;accessible parking
spaces are required to be identfied by signs, the
signs shall include the Intemational Symbol of
Accessibility comptying with Section 703.7. Such
signs shall be 60 inches (1525 mm) minimum above
the floor or ground surface of the parking space,
measured to the bottom of the sign.
503 Passenger Loading Zones
$03.1 General. Accessible passenger loading
zones shall comply with Secton 503.
503.2 Vehicle Pull-up Space, Passenger loading
zones shall provide an access aisle complying with
Section 50-3.3, adjacent and parallel to a vehicle
pull-up space,
W3.3 Access Aisle- Access aisles servirg,passen-
ger loading zones shall comply with Section .302
and Sections 503.3.1 through 503.3.3. Access
air�es shall be part of the accessible route to the
building or facility entrance and shall comply with
Secton 402.
S03.3-1 Width. Access aisles serving vehicle
pull-up spaces shall be 60 inches (1525 mm)
wide minimum.
503.3-2 Length. Access aisles shall be 20 feet
(6100 mm) long minimum.
Nn.3.3 Marking. Access aisles shall be
marked so as to discourage parking in them.
503.4 Floor or Ground Surfaces. Vehicle pull-up
spaces in passenger loading zones and access
aisles s;iall have surface 91cpas not steeper than 4k__
7
'4PM
POSS ASSOCIATES
NO. 396 P. 4 7
16 Buildirtga
ICCIANSI All 7.1-1996
14ccess, aisle serving —
car parking spaces
area to
be
marked
60 min
accm aisle serving
van parldno spaces
..... ..........
X X .
area to
be
marXed
..........
2440
Fig. 502.3
Parking Space Accm "r,
20 feet min
............. ...
,,:::X:::: 1-2 to be nvitked
am
Fig. 503.3
Passenger Loading Zone Access Aisle
1:48. Access aisles shaH beat the same level as the
vehicle pull-up space they serve. SOME=_M_Wft
503.5 Vertical Clearance. Vertical clearance of 114
inches (2895 mm) minimum shall be provided at
passenger loading zones and along vehicle access
routes to such areas from site entrances.
604 Stairways
504.1 General. Accessible smirs shall compN with
Section 504,
504.2 Treads and Riser& All steps on a flight of
stairs shall have uniform riser heights and uniform
tread depth. Risers shall be 4 inches (100 mm) high
minimum and7 inches (180 mm) maximum. Treads
shall be 11 inches (280 mm) deep minimum, mea-
sured from riser to riser.
34
4-
100-
60 min
11 min
280
Fig. 504.2
Treads and Risers for Acces3iblc Stairways
jAN-27-200i') :':3�N SS ASSOCIATES
Accessible and Usable BOdings and Fal
NO, 396 P. 5/7
10 ICC/ANSI All 7.1-199e
(a) Extended Surface
Fig. 406.9
Ramp Edge Protection
(b) Curb or Barrier
406.9.2 Curb or Barrier. A curb or barrier shall sides shall have a slope not steeper than 1: 12, Curb
be provided that prevents the passage of a ramps with returned curbs shall be permitted where
4-inch (100 mm) diameter sphere below a pedestrians would not normally walk across the
height of 4 inches (100 mm). ramp.
405.10 Outdoor Conditions. Outdoor ramps and 406.5 Width, Curb ramps shall be 36 inches (915
approaches to ramps shall be designed so that wa- mm) wide minimum, exclusive of flared sides.
ter will not accumulate on walking surfaces. 4OC6 Floor or Ground Surface. Floor or ground
406 Curb Ramps surfaces of curb ramps shall comply with Section
302-
406.1 General. Curb ramps on accessNe route
shall comply with Section 406. �'.-�406_7 Location. Curb ramps and their side flares
shall not pr&1rruA2 into vehicular traffic 157 �,par
4146 1 Slone Slones of curb mps shall comnlv Ming spaces, or into parking space access aisles.
with Section 405.2-
406.3 Counter Slope- Counter slopes of adjoining
gutters and road surfaces immediately adjacent to
the curb ramp or accessible route shall not besteep-
er ftn 1:20, Transitions from ramps to walks, gut-
ters or streets shall be at the same level.
___!0.406.4 Sides of Curb Ramp,—, Where pedestrians
must walk across a curb ramp, the ramp shall have
flared sides. Slope of flares shall not be steeper than
1: 10. Where the width of the walking surface at the
top of the ramp and parallel to the run of the ramp
is less than 48 inches (1220 mm) wide, the flared
adjoining surface
mayin-lurn slope 20 1
406.8 Obstrucdon& Curb ramps shall be located
or protected to prevent their obstruction by parked
vehicles,
406.9 Handrails, Handrails are not required on curb
ramps.
406.10 Location at Marked Crossings. Curb
ramps at marked crossings shall be wholly con-
tained within the markings, excluding any flared
sides.
406,11 Diagonal Curb Ramps, Diagonal or corner -
type curb ramps with returned curbs or other
Fig. 406,3
Counter Slope of Surfaces Adjacent to Curb Ramps
20
curb ramp maodmum
slope
JAN-27-2000 5:34PM 9 BI POSS ASSOCIATES
6
NO-396 P. 6/7
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AN. 27. 2000 5 34PM SS ASSOCIATE.�-
NO. 396 P, 7/7
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Z
Memorandum
To: Richard de Campo
From: Stephen Kanipe
Date: January 17, 2000
Re: Ullr Lodge site visit
Richard, thanks for the itemized a summary of the site visit and walk-through inspection
of the property. Following is a summary of clarifications and references from the 1997
UCBC to provide clear direction for moving forward with the conversion project.
Im
Item I- agreed
Item 2- UCBC section 701.1.2 accepts battery operated smoke detectors
Item 3- UCBC section 402.4 accepts V2inch gypsum wallboard in lieu of one -hour fire
resistive construction provided surfaces are in good condition. This would apply to the
stairway construction.
Item 4- the second sentence should read "Stephen will accept a permanent bench to
facilitate egress at the existing Windows.
Item 5- agree to corridor widths. See UCBC section 404.1.2 for handrail requirements.
Item 6- agreed to size. Refer to UCBC-5 "Plumbing D. W. V. guideline". Is the existing
bathroom sink drain the 1 1/2 half -inch diameter? Should have a strainer basket?
Item 7- agreed
Item 8- refer to UCBC section 405. 1.1 for stair guidelines. Evaluate existing conditions
with 3/8-in. diameter maximum difference. Refer to UCBC section 405.2 for guardrails;
allowed to remain at 36 inches. Headroom clearance as agreed.
Item 9- see UCBC-4 for existing wiring. It is to be deten-nined the surface romex may be
allowed to remain.
Item 10- avreed
MEETING
NOTES
ULLR Lodge
PROJECT
9927.00
JOB NO.
Oct. 12, 1999
DATE
—4 pm
TIME
PARTICIPANTS:
... ............................................................................. T .......... ULLR Lodge
605 EAST MAIN STREET Katie Updike : C'daleAff. Housing : cA,.c LOCATION
ASPEM COLORADO 81611 ....................................... .................................... 4 ............
TELEPHONE 97W925-4755 Richard de Campo Bill Poss &Assoc. BPA
FACSIMILE 9701920-2950 .......................... ............ 4 ....................................
Les Rosenstein : Bill Poss &As
......................................... ....................... 13PA
Tony Percival ULLR Lod UL
....................................... ................. 22 ............... :
..............
:.§�t�p r�V
Commun
............ 4 ................ C
Orrin Moon ................ i. Fire Qp
........................ _pAqMtijt ....... ........
. ..........
........................................
.................................................
............................................................................ ..........
t], zwm / 6 7 1!:�
C- I A
................................... -I .......... ................... ...................
ITE�V_ ............................................... D_ E__ S_ ... C_ R__ -1 _P_ T I . 0 N .. STATUS
11yX
RESP. PARTY: DEADUNE
ra spaces
Steve indicated they could be considered
conditioned space, and should have a space heater to prevent pipe
V/.
freezing. Access door needs to be replaced with one rated at 20-
minutes.
..........................................................................................................
; ................... ........................ ........
::70/./.2:: Smoke Detectors. Although Steve feels that baftery-operated'***....
ones might be OK, he would recommend they be hard -wired for
2.
liability. Orrin would strongly recommend a "smart system' fire
alarm.
........ . .................................................................................................................... ................... ................... ...................
Stair to Lodge Units. Although this stair should have a 1-HR fire
3. rating, Steve felt that a smoke alarm system might compensate for
the lack of a 1-HR rating.
L............... 1 ........................................................................................................ ................... ...................
...................
Bedroom Windows. Steve said he would allow windows with48":
high sills and a minimum 20" x 30" opening to remain.
Furthermore, in the two lower level 'lodge unit #1 & 2), where
the sills aLe 57" above the floor, Steve ion-i-LIA61f,
4. Gbably allow some
sort of(stepor bench to facilitate egress at the existing windows.
Howeve-r—,in g_r�_as -where sills were substantially higher (such as
the maid's room) a light well and 44" high sills would need to be
installed, providing 10% natural light per current code.
............... ........................................................................................................
............... .......................................
Corridor Width. The corTidors that were slightly less than 36"w**id*ie
would be allowed to remain. However, he felt that one handrail
5.
should be eliminated on the stair to the maid's room to allow for
increased width.
............... ...... I ...... ................................................................................. ................... ...................
Lodge Room Area and Separate Sink. The "lodge rooms' (ii.e.
0
the motel -type rooms around common stair) could be converted t
efficiency units even though they are slightly smaller than the
�j minimum 220 sf. Steve felt they should be restricted to single-
'i occupancy units. Since there will be an additional cooking area
downstair's for these units, Steve thought they could use the
hr? sink in lieu of having a separate kitchen sink.
................... ................... ................... 4
Roof Assembly. Steve inquired about the roof constructionan**d*:
�A insulation. Owner Tony Percival said it was a 4double roof with
insulation and a vented airspace. Steve said that was OK as is.
MEETING ULLR Lodge Oct. 12. 1999
P ROJECT DATIE—
NOTES
9927.00
JOB NO.
PARTICIPANTS:
..............
:
..................
: c*c
.......................................
Richard de Campo
4 ....................................
i Bill Poss &Assoc.
............
.......................... ...........
Les Rosenstein
4 ....................................
4 Bill Poss &AS ......
......
. a . ........
.............. .......................
Tony Percival ULLR Lodqe
....................................... ................. . .................
:.§��p�2n."nipe Community Devel.
........
4. si� .......
. ................ 4 ................. .................
1 Orrin Moon i. Fire 09
......................................... .......... . paiftMift�.t .........
...........................................................................................
..........................................................................................
- .........
4 Pm
TIME
_IJLLR Lodcze
LOCATION
..................................................................................................................................................................................................
S )tairs--&though treads and risers were uneven and didn't always
�6me_et code, Steve acknowledg-e-d-Ifi-af1fie—re wasn't a goo_dwayT�—
fix these short of rebuilding the stairs, which was unreasonable, so
the steps can remain, including winders which don't meet the
minimum 6" tread. However, proper guardrails and handrails would
need to be added where lacking, and Steve thought that such
s features could compensate for rise & run
inconsistencies. Alt ough the guardrail at the second floor units
t
should be 42" high per current Code, Steve said the existing one a
8 36" high could remain. Since the courtyard stair up to the second
fl_o6r_-di11M-ffa`§_columns interrupting the guardrails, Steve wanted to
make sure that the new handrails would be continuous past these
obstructions. Headroom clearances: a) at maid's room, take out
approximately 16" of walkway to provide proper clearance; b) at
upper flight of intemal stairs to lodge rooms, reconfigure bottom of
closet over stair, c) if stair to housekeeping/laundry is just for a
convenience interconnect and not as a primary means of
circulation, it could remain.
.......... .................................................... ............................................................... ................... ................... ...................
Surface mounted romex wiring. In at least one of the units (#20),
9. __:_theT6-was �surface-mounted romex wiring, which Steve said must
be enclosed in conduit or surface -applied casing.
............... .................................................................................................................... ................... ................... ....................
Conversion of 3-13R unit. If this unit was substantially gutted and
10.
: remodeled, the new work would have to be done per current code.
............... .................................................................................................................... ................... ................... ...................
............... .................................................................................................................... ................... ................... ...................
............... .................................................................................................................... ................... ................... ...................
..........
............... .................................................................................................................... ................... ................... ...................
............... .................................................................................................................... ................... ................... ...................
................................. ................... .........
............... .............................................................................................................. ** ....... **** ............. .......................................
IF THIS IS NOT YOUR UNDERSTANDING OF WHAT TRANSPIRED, PLEASE CONTACT BILL POSS AND ASSOCIATES IMMEDIATELY.
PREPARED BY: Richard L. de Campo. ALA, P.E. PAGE 2 CF ?
XTrojectsUDj�l 10 1 -Sg�cm.-hpd
0
UlIr Parking Proposal
Existing Conditions: 27 units (including 1900 sf 3 BR unit which is often rented to 3 individual rents)
19 parking spaces
Proposal: 30 Units (no increase in FAR)
19 spaces rented at $125/month on a First Come -First Serve Basis among
Employer/HomeOwners (Benedict Commons is renting at $150/month for
indoor parking — minimum 3 month initial lease)
Employer/HomeOwners who do not receive parking must:
i) Provide Parking off -site on Company property or at alternative location
OR
ii) Prohibit tenant/employee by lease to forego personal car in Aspen
0
0
MEMORANDUM
TO: Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce OhIson, Deputy Director
FROM: Christopher Bendon, Planner()
RE: UlIr Lodge Employee Housing — Work Session
DATE: September 7, 1999
SUMMARY:
Katherine Updike, Managing Partner of Building Solutions, will be present to talk
about plans for converting this lodge on Main Street to affordable housing. This
project is in its conceptual stages and the development team is seeking some feedback
from the Commission on a few planning issues. Please refer to the project description
and drawings.
Work Sessions are an opportunity for a potential applicant to discover planning issues
that need to be addressed. Work sessions, however, are non -binding, and are not
publicly noticed. The Commission should provide general direction to the developer
without prejudging the project. For example, "this method of addressing parking
worked well for this other similar circumstance" or "this manner of addressing trash
pick-up doesn't work and should be avoided" are appropriate direction statements.
Statements in the manner of "if you do this, we'll approve the project," are not
appropriate.
ATTACHMENTS:
A — Location Map
B — Project Description and Drawings
ExhibitA
W am
Street
200 0 200 400 Feet
: - -------- :�� -001 (k Location Map
0 0
BUILDING SOLUTIONS
Katbenne L. Updike
September 2, 1999
To: Planning & Zoning Commissioners
From: Katie Updike
On behalf of the Carbondale Affordable Housing Corporation
Re: Employer Sponsored Housing — The Ullr Lodge
Attached is on overview of the proposed employer sponsored housing initiative. The Housing Office in
conjunction with the Carbondale Affordable Housing Corporation (CAHQ is attempting to define a
method for employers (the private sector) to become a more active part of the housing solution. The
objective is to alter the 'risk — reward' relationship in order to allow employers to fund the housing subsidy
necessary while still meeting the over-all objectives set by community planning of housing more of the
workforce, maintaining long-term affordability, and reducing the dependence on the automobile. As with
most good housing programs, the solutions are varied and require multiple tools. We hope that this one
becomes an important part of the solution.
The UlIr has a small number of units. It is expected that demand will exceed the supply of units for most
unit types. Given that we hope that the Ullr will become a model for employer involvement in the housing
solutions.
There will be a few planning and zoning issues. We are not seeking approvals at this meeting, however,
your input now will help us make the approval process smoother and thereby more successful. The Ullr
Lodge in general is in very good shape. It appears to have minimal deferred maintenance. Over 50% of
the lodge is currently being used for long term housing and its larger unit sizes and kitchens make it
appropriate for longer term housing.
Other planning issues:
> Parking: Current parking is 19 spaces for 26 units. Part of it crosses the sidewalk. Because of the
location, cars will be less necessary, but the code minimums are currently not met and cannot be met
going forward.
> Streetscape: The courtyard currently houses an underutilized (and high cost) swimming pool. It is
expected that the courtyard will be redesigned to supply quality exterior open space within the
complex. It would be desirable to create a sense of private outdoor space, while still meeting the
design criteria for the streetscape.
Historic Overlay: The exterior of the building will be modified very little. There should be no
problem meeting criteria established by the Historic Commission.
> Interior Renovations: Although most rooms currently function well and are in reasonable shape,
there are several areas where modifications will ensure that the project function better long term,
specifically splitting one extra large unit into three similarly sized units, conversion of the office, and
upgrading of a housekeeping unit. Upgrades will need to be done in concert with thresholds for code
revisions, and ADA.
We look forward to your assistance in realizing our objectives.
1-0
CARBONDALE AFFORDABLE HOUSIQ CORPORATION
a community development corporation serving the roaring fork valley
EMPLOYER SPONSORED AFFORDABLE HOUSING
Employers in the Aspen area are invited to participate in the creation of a multi -employer sponsored
affordable housing project that would serve the employees of those businesses. This housing project
is being developed as a model to test the idea of bringing multiple employers together to create
affordable housing opportunities for employees.
Objectives of employer sponsored housing:
• Expand opportunity for employees to live and work in the community.
• Reduce costs to employers of the long commutes by employees which often results in higher
turnover, rehiring, retraining and absenteeism.
• Encourage private sector participation in the provision of affordable housing in Aspen.
• Provide a method for smaller employers to participate in the housing market.
• Leverage the resources of the Housing Authority.
• Encourage sense of community within housing development and the neighborhood.
• Lessen impacts on transportation infrastructure.
• Develop a model for employer sponsored housing that fairly balances the employer and
employee interests.
The U11r Lodge
520 West Main Street
SCALE 1'-5'
I- � _i
The Ullr Lodge offers the first opportunity to apply this model to the Aspen community, and we are
seeking input from interested employers in the area. The model is designed to allow multiple
employers to come together in an effort to create a project with an efficiency of scale for individual
employers and a healthy diversity of housing for employees.
VA
BUILDING SOLUTIONS
0 0
CARBONDALE AFFORDABLE H 0 U S I N G C 0 R P 0 R A T 1 0 N
L community development corporation serving the roaring fork valley
EMTLOYER SPONSORED AFFORDABLE HOUSING
An opportunity: THE ULLR LODGE
The Aspen-Pitkin Housing Authority and Carbondale Affordable Housing Corporation are reviewing
the feasibility of acquiring the Ullr Lodge, a traditional Aspen Lodge. It was originally built as
housing, but was converted to a lodge by the current owner. The unit mix is comprised of lodge
rooms, studio units, one and two bedrooms. It can readily be converted to more permanent housing,
and its central location also adds to its affordability and desirability. Transportation and
employment are all "next door." This project will provide an opportunity for smaller employers to
participate in a project which would be difficult for individual employers to develop on their own.
The Housing Office is working together with the Carbondale Affordable Housing Corporation, a
Carbondale -based non-profit, by advancing predevelopment support for this innovative employer -
sponsored housing model.
Employers will join with the Housing Authority in helping to bring about the success of this housing
model by making a reservation (money committed to reserve units before acquisition) and
downpayment (funds required to 'buy'/close on units). The followmig prices indicate the level of
investment necessary in order to reach affordable rents at the Ullr. (')
Unit Type
Approx
Maximum
Mon'thly
Total Unit
Reservation
Total
ent
Price
Subscription
Downpayment
Lodge Rooms (studio
w/bath and inicro-
200
$600
$70,000
$5,000
$30,000
fridge)
Studio (includes small
kitchen)
370
$975
$125,000
$7,000
$55,000
I Bedroom
395
$1100
$135,000
$10,000
$60,000
2 Bedroom
570
$1200
$195,000
$15,000
$90,000
Updated August 12, 1999
Note: (1) This chart is for informational purposes only and is subject to change.
I ri
Moral BUILDING SOLUTIONS
0 0
CARBO N DALE AFFORDAB LE H 0 U S I N G C 0 R P 0 R A T 1 0 N
a community development corporation serving the roaring fork valley
EMPLOYER SPONSORED AFFORDABLE HOUSING
Employer Profile:
Name:
Company:
Address:
Telephone:
Number of Employees
Title:
Type of Business:
City/State/Zip:
Email:
# Seasonal Full -Time
Employer surveys throughout the valley demonstrate that the lack of housing affects both the
profitability and efficiency of their businesses. Please help us understand the costs in your business
which you attribute to lack of housing which is either close to work or affordable enough. Check all
that apply:
We offer 'transportation' payments which average $_ per month.
We must pay an increased salary of approximately $ (hr, mo, yr) to attract
new employees.
Our tum-over is unacceptable. It costs us $ to train a new employee.
Our turn -over is too high. It costs us $ to advertise, interview, and hire
replacements.
Our business requires flexible or quick response. We need employees to live within
minutes of the job site.
We cannot hire our first choice in candidates any longer. Housing would help.
We are losing business because we cannot meet our hiring goals.
Currently where do most of your employees live? Provide approximate percentages and note the
primary method of transportation from each location.
PrimM method of transportation
Aspen
Basalt — El Jebel
Carbondale
Glenwood Springs or beyond
Level of Interest in Property such as UlIr Lodge:
Very Interested Somewhat Interested Not Interested
BUILDING SOLUTIONS
9 0
CAR BO NDALE AFFORDAB LE H 0 U S I N G C 0 R P 0 R A T 1 0 N
a community development corporation serving the roaring fork valley
EMPLOYER SPONSORED AFFORDABLE HOUSING
Average Income of Employees Targeted for Housing Assistance. Identify approximate percentages
if more than one category.
Below $15,000
$15,001425,000
$25,001-$35,000
$35,001-$45,000
Above $45,000
Number of Housing Units Desired for Employees:
Unit Type Desired (circle all that apply and offer % of total units):
Percentage
Lodge %
Studio %
One Bedroom %
Two Bedroom %
Ownership Structure Desired for Employees:
Rental Rent -to -Own Own
Sponsoring employers will have the opportunity to help shape the policies, procedures and
management of the project. Please respond to the following statements:
We would rather have a lower downpayment amount and have to subsidize the monthly rent than to
have to invest a larger downpayment. Yes No
Should we restrict seasonal use of the project? Yes No
If yes, what should be the maximum percentage of the units to be rented seasonally? %
It is important to maintain the affordability of the housing over the long term. The 'appreciation' on
the property will be capped at the lower of 3% or CPI. If an employer wishes to sell the unit, should
employer -investors be given the first right to buy the unit? Yes No
Should we set a maximum number of units that any single employer can buy in order to maintain a
diversity of employees/employers in the project? Yes No
Please return the completed Employer Profile Sheet to: Carbondale Affordable Housing Corporation
P.O. Box 2001
Carbondale, CO 81623
I FA EWA
W"A" BUILDING SOLUTIONS
CAR B ON D A L E A F F OR D A B L E H 0 U S I N G C 0 R P 0 R A T 1 0 N
a community development corporation serving the roaring fork valley
EMPLOYER SPONSORED AFFORDABLE HOUSING
The Employers -Benefit...
Employers have an opportunity to become involved with this project in the early stages, shaping the
structure of the development to fit your needs. The benefits of involvement in this project accrue
from a variety of sources: decreased absenteeism, lower turnover (including costs of rehiring and
retraining), decreased transportation subsidies, improved work performance due to less stressful
commute, and availability of employees for rush projects or emergency response.
These benefits have been quantified by some local employers in the range of $2,000-$6,000 per year.
As a result, in addition to the investment return in the physical housing product, there are less
tangible benefits which should also be taken into account. The following chart offers one analysis of
the internal rate of return for employers including the full financial impact generated through this
housing investment.
Employer IRRs
at Different Levels of Equity Contribution
25%
20%-
E
a
15%-
—30% Equity
'15
a
--- 40% Equity
—50% Equity
— - 60% Equity
E
a
5%
0%
1.0DO 2,000 3,000 4,000 5,000 6.0DO
Annual Benefit of Employee Housing
Assumptions:
Share of Appreciation
100% Assumes that appreciation is shared based on pro rata share of downpayment
Unit Cost $
130,000
Downpayment
50% (Assumes that Rent = APHA Affordable Rents)
Annual Appreciation
2.0% Assumes that CPI is less than Appreciation Cap
Employer Benefit $
3,000 Savings associated with stable housing closer to work (reduced turnover, sickdays, tardiness,
better
quality
(less distracted) employtes, elimination of transportation subsidy, etc.)
im 21M
2M
2W
200
Investment (Equity) $
65,000
Annual Appreciation
2,600 2,652 2,705 2,759 2,814 2,871 2,928
2,987
3,046
3,107
Cummulative Appreciation
2,600 5,252 7,957 10,716 13,531 16,401 19,329
22,316
25,362
28,469
Employer Return at Sale 4.00% 8.08% 12,24% 16.49% 20.82% 25.23% 29.74%
34.33%
39.02%
43.80%
Employer IRR 4.00% 3.96% 3.92% 3.89% 3.85% 3.82% 3.79%
3.76%
3.73%
Annual Employer Benefit
3,000
3,120
3,245
3,375
3,510
3,650
3,796
3,948
4,106 4.270
Cum. App + Employer Benefit
5,600
8,372
11,202
14,091
17,040
20,051
23,125
26,264
29,468 32,739
Employer Return at Sale
8.62%
12.88%
17.23%
21.68%
26.22%
30.85%
35.58%
40.41%
45.33% 50.37%
Employer IRR
8.62%
8.58%
8.54%
8.51%
8.46%
8.46%
8.43%
8.41%
8.39%
BUILDING SOLUTIONS
C A R B 0 N D A I* A F F 0 R D A B L E H 0 U S 11% C 0 R P 0 R A T 1 0 N
. community development corporation serving the roaring fork valley
EMPLOYER SPONSORED AFFORDABLE HOUSING
Frequently Asked Questions:
Can I put a newly hired employee in the unit?
Yes. This housing will not be a part of the lottery system, nor will it require a four year residency
for eligibility.
What happens if an employee leaves the company?
When an employee leaves a sponsoring employer who is providing housing, it is important to the
employees and employers that any termination be handled fairly and in a manner which is fully
understood before the employee accepts the housing. It is important to the Housing Office that the
employee be treated fairly, while minimizing or discouraging unfair "gaming" of the system which
might penalize an employer who helped obtain housing, versus an employer who would not provide
housing. In general, the proposed policy would include a lease which establishes the unique character of
the employer -employee relationship within the guidelines established for the project. The cancellation
of the lease and required notification period can follow a sliding scale depending upon the term of
employment, from two weeks' notice for employees who work less than one month up to 90 days for
employees who leave within 90 days. If a permanent employee leaves after 90 days, the employee may
complete the lease term, but the employer may require an additional deposit up to two months rent and
may raise the monthly rent by an amount equal to half of the difference between the contract rent and a
guideline 'market rate rent' in order to defray part of the subsidy required to maintain the unit.
What if I want to sell my share of the housing?
If an employer wishes to sell the unit, the unit will be made available to the waiting list of employers
(preference will be given to sponsoring employers).
Will there be any limit to the number of shares/units I can purchase?
Due to the constraints on the number of units available in this first development, it may be necessary
to limit the number of shares/units any one employer can purchase. Interested employers will be invited
to help determine the appropriate policy, and it will be largely dependent on the level of interest among
area employers. We may set a limit of 5-7 units per employer.
Can the housing he used for seasonal employees?
This will be determined by the sponsoring employers. Employers may wish to set a policy to limit
the percentage of seasonal employees allowed. In the interest of creating a real community within the
housing and maintaining rental revenue throughout the year, such a limit may be beneficial.
Will there be a limit on the appreciation of my share?
It is important to maintain the affordability of the housing over the long term. The property will be
deed restricted, and the 'appreciation' of the property will be capped at the lower of 3% or CPI,
according to the Aspen/Pitkin Housing Authority's affordability guidelines. This cap will allow for
future affordability to employers who may wish to buy in at a later date and continued affordability for
employees.
Will my participation in this housing model be eligible for use as mitigation?
No, you will still be responsible for fulfilling your mitigation requirements through other means.
VA
OR', BUILDING SOLUTIONS
0 0
W.
ULLR LODGE
An Employer Sponsored Housing Project
Discussion of Proposed Employer Housing Covenants
August 17,1999
Objectives:
To create a housing model for multi -employer sponsorship which can be used as a model for future
projects.
To insure long-term affordability
C�
To offer employers the opportunity to create/retain housing which can be used for dedicated housing needs
while still working within the framework of the community -wide affordable housing objectives
To insure that the Employer Sponsored Housing Project is viewed as fair to individual employees
Covent Discussion:
Covenant Title
Proposed Covenent
Comments
Employee Status
The employer of the resident
Units may be leased if necessary
must confirm the employee's
to employees of other employers
status and agree to lease terms
(eg., if sponsoring employer does
and conditions.
not have an eligible employee),
but all covenants must be abided
by and status confirmed.
Maximum Income
The maximum household income
Income Limits
per unit will conform with the
0 Dependents - $ 67,750
maximum income allowed under
I Dependent - 73,250
Category 3 housing of the Aspen
2 Dependents - 80,750
Pitkin County Housing Authority
3 Dependents - 88,250
Maximum Rent
Employers will agree to charge a
An employer may charge less
maximum of 40% of a
than the Contract Rent or
household's income in rent.
Maximum Rent, however, the
employer must pay the difference
between the "contract rent" and
the "employee rent" to the Ullr
Lodge.
Maximum Number of
Employers will establish a
The units are small. The
Occupants
maximum number of Occupants
maximum number of residents
per unit, such as:
per unit is not meant as a goal but
rather as an accommodation of
Lodge Room: I
differing family sizes. Employers
Studio: 2
are encouraged to have units
C;
One Bedroom: 3
occupied by related individuals
Two Bedroom: 4
(with the possible exception of
I the 2 bedroom).
0 0
Living Agreement
Units will be maintained in a
Inspections may be made b Ulir
oy U Ir
y
manner which is consistent with
management. Employers will e
wi 11 be
7takeln.
the health and safety of the
asked to intervene if corrective
tl
resident and their neighbors.
actions required are not
Behavior and conduct will be
governed by a resident council
and management.
Maximum Seasonal Leases
A maximum of 50% of the Ultr
The objective is to insure that a
Lodae will be leased on terms of
sense of stability is maintained in
less than 12 months.
the UlIr Lodge. Employers may
exchange the right to rent
seasonally if necessary. It is
expected that the Lodge Rooms
will initially be designated for
seasonal use.
Early Lease Termination
Leases may be terminated upon
It is hoped that this termination
departure from employment, but
will discourage "gamin," of the
only with notice equivalent to the
employer and yet also provide the
number of days worked (or in the
employee with adequate time and
unit) up to 90 days. Thereafter,
consideration should employment
the employee may complete the
be terminated.
lease term, but the rent may
revert to the Employer's Contract
Rate and an additional deposit of
up to two months rent may be
required.
Maximum Units per Employer
It is anticipated that Employers
This will maintain the diversity of
will be able to have a maximum
tenants and employers.
of 5 units.
Right of First Refusal
In the event that an Employer
This clause can help maintain a
wishes to sell their ownership
stability of decision -making and
interest in the UlIr Lodge, other
governance among the employer -
employer shareholders will be
investors.
given the Right of First Refusal
prior to offering it to other non -
sponsoring employers.
Appreciation Cap
maximum appreciation of selling
This cap will help insure long -
interests will be limited to the
term affordability of the Ullr
lesser of the Consumer Price
Lodge. Employer 'returns' will
Index (used by the Housing
be supplemented by operating
Office) and 3 % per annum.
expense savings associated less
(N.B. There is no guaranteed
tum-over, lower transportation
minimum price.)
subsidies and better operating
efficiencies.
S 0
ULLR LODGE
An Employer Sponsored Housing Project
Discussion of Reservation Process
August 17,1999
iectives:
To make available to a broad range of employers the opportunity to become sponsors of the Ultr Lodae Housing Project
through the Carbondale Affordable Housing Corporation (CAHC)
To obtain the necessary pre -development funding in order to keep the building and real estate under contract while City
approvals, financing approvals and final feasibility are evaluated and committed.
Given the small number of apartments available, to create a selection process that is fair to all employers, but which
recognizes the need to balance employers, seasonal needs (if any), unit sizes, and other considerations which either
CAHC or the employers believe are important.
Process Under Consideration (tentative — all dates and times are subject to chanee):
Event
�Comment
Before
Employer Profile
Employers who wish to be invited to reserve units must fill out a Profile Sheet
September 1,
Sheet
which can be obtained from the Aspen Housing Office or CAHC
1999
September 3,
Invitation Letter
CAHC will extend an Invitation to employers who have filled out the Employer
1999
Mailed
Profile Sheet and indicated beina "Very Interested" or "Somewhat Interested" in
a
units. The Invitation will include a final Reservation Ageement (draft available
from the Aspen Pitkin County Housing Authority or CAHQ and other information
regarding the project, as available at that time.
September 9,
Open House
The Invitation will include a date for an Open House when employers may visitthe
1999
Noon — 4 PM
UlIr Lodge during the time prior to acceptance of Reservation Subscriptions.
September 17,
Response Date
The Invitation will indicate a Response Date of 2 weeks from the Invitation Date, at
1999
which time employers who have returned the Reservation Agreement with the
required Reservation Subscription check will be noted, evaluated and assigned units.
Any reservations received after this date will be considered on a first come -first
serve basis to the extent that any units remain unassigned.
September 30,
Acceptance Date
Reservation Subscriptions which have been accepted by CAHC will be deposited in
1999
a segregated account at Norwest to be held in escrow until on or about September
30, 1999. - Monics accepted are fully at risk as a non -recourse pre-develcpment loan
to CAHC for the purpose of pre -development expenditures (refer to Reservation
Ageement). Reservation Subscriptions which have not been accepted %-� ill be
returned and employer names will be entered onto a Waiting List in the event an
Accepted Employer chooses to take fewer units than reserved.
October 14,
Repayment Date
On or before this date fimds previously extended to CAHC to sponsor the Ullr
1999
Lodge project will be repaid to the Aspen Pitkin County Housing Authority with the
Reservation Subscriptions on deposit. The remaining funds will be reserved for
finishina Pre -Development work, including but not limited to, non-refundable
earnest money deposit, architectural fees, engineering fees, development consulting
fees, financing fees, and other necessary and prudent expenditures prior to the final
call for equity and the closing of Construction and Permanent Financing.
On or before
Closing
Employer Sponsors will be expected to fund the full amount of "Downpayment"
March 3 1,
necessary for the Closing of a Construction Loan to convert the UlIr Lo dae to the
2000
Ullr Lodge — an employer sponsored housing project.
April and May
Construction
It is possible that some units may be rented prior to the completion of the
2000
Phase
Construction Phase
June 2000 or
Move -In
Expected Completion of Move In and Tumover to Employer Sponsored
Before
Management
N.B. This is a preliminary estimate of dates and process. All dates are subject to change. 1 uc 11,14, P, W"4
detailed in the Invitation Letter and in subsequent communications with employers whose Reservation Subscriptions
are accepted.
S 0
ULLR LODGE
An Employer Sponsored Housing Project
15
Discussion of Reservation Process
August 17, 1999
Jectives:
To make available to a broad range of employers the opportunity to become sponsors of the UlIr Lodge Housing Project
through the Carbondale Affordable Housing Corporation (CAHC)
To obtain the necessary pre -development funding in order to keep the building and real estate under contract while City
approvals, financing approvals and final feasibility are evaluated and committed.
Given the small number of apartments available, to create a selection process that is fair to all employers, but which
recopizes the need to balance employers, seasonal needs (if any), unit sizes, and other considerations which either
CAHC or the employers believe are important.
Process Under Consideration (tentative — all dates and times are subiect to change):
Date
Event
Comment
Before
Employer Profile
Employers who wish to be invited to reserve units must fill out a Profile Sheet
September 1,
Sheet
which can be obtained from the Aspen Housing Office or CAHC
1999
September 3,
Invitation Letter
CAHC will extend an Invitation to employers who have filled out the Employer
1999
Mailed
Profile Sheet and indicated being "Very Interested" or "Somewhat Interested" in
units. The Invitation will include a final Reservation Agreement (draft available
from the Aspen Pitkin County Housing Authority or CAEC) and other information
the project, as available at that tirne.
September 9,
Open House
The Invitation will include a date for an Open House when employers may visit the
1999
Noon — 4 PINI
UlIr Lodge during the time prior to acceptance of Reservation Subscriptions.
September 17,
Response Date
The Invitation will indicate a Response Date of 2-weeks frorry the Invitation- Date, at
1999
which time employers who have returned the Reservation Agreement with the
required Reservation Subscription check will be noted, evaluated and assigned units.
Any reservations received after this date will be considered on a first come -first
serve basis to the extent that any units remain unassigned.
September 30,
Acceptance Date
Reservation Subscriptions which have been accepted by CAHC will- be -deposited in —
1999
a segregated account at Norwest to be held in escrow until on or about September
30, 1999. Monies accepted are fully at :-�sk as a non -recourse pre-d�!vclopmt-nt loan
to CAHC for the purpose of pre -development expenditures (refer to Reservation
Agreement). Reservation Subscriptions which have not been accepted wil! c_-
returned and employer names will be entered onto a Waiting List in the event an
Accepted Employer chooses to take fewer units than reserved.
October 14,
Repayment Date
On or before this date funds previously extended to CAHC to sponsor the UlLr
1999
Lodge project will be repaid to the Aspen Pitkin County Housing Authority with the
Reservation Subscriptions on deposit. The remaining funds will be reserved for
finishinc, Pre -Development work, including but not limited to, non-refundable
earnest money deposit, architectural fees, engineering fees, development consulting
fees, financing fees, and other necessary and prudent expenditures prior to the final
call for equity and the closing of Construction and Permanent Financing.
On or before
Closing
Employer Sponsors will be expected to fund the full amount of "Downpayment"
March 3 ) 1,
necessary for the Closing of a Construction Loan to convert the Ullr Lodore to the
2000
Ullr Lodge — an employer sponsored housing project.
April and May
Construction
It is possible that some units may be rented prior to the completion of the
2000
Phase
Construction Phase
June 2000 or
Move -In
Expected Completion oflvlove In and Turnover to Employer Sponsored
Before
Management
N.B. This is a preliminary estimate of dates and process. All dates are subject to change. I he linal process w e
detailed in the Invitation Letter and in subsequent communications with employers whose Reservation Subscriptions
are accepted.
�O
% 0 DRAFT
ULLR LODGE CONVERSION
RESERVATION AGREEM[ENT
This Reservation Agreement is made and entered into this _ day of 1999, by
and between the Carbondale Affordable Housing Corporation, a Colorado non-profit corporation
("Seller") and ("Buyet").
R E C I T A L S:
A. Seller is a non-profit developer involved in the Conversion of the real property,
including all appurtenant improvements, legally described as Lots K, L, M, N and the west one-half
of Lot 0, Block 3 ) 0, City and Townsite of Aspen, County of Pitkin, State of Colorado (referred to
herein as the "UUr Lodge Conversion").
B. Seller has entered into a contract dated July 15, 1999, to purchase Ullr Lodge, which
contract shall close on or before March 31, 2000. The decision to close will be based upon Seller's
evaluation of the financial and physical feasibility of the conversion of the property to an employer -
sponsored housing project.
C. Seller anticipates converting the 26 units which now exist on the property to 29
employer -sponsored housing units (the "Conversion Process"), each of which shall be referred to
herein as a "Unit." The Units, the real property described in Recital A, and all other improvements
located thereon shall be referred to in this Agreement as the "Project".
D. Seller intends that each Unit shall be occupied by at least one individual who is
employed by Buyer, who shall meet the employer guidelines established by Seller for this Project.
Limitations on the occupancy of each Unit shall be governed by a master Deed Restriction and other
documents to be established by Seller (the "Project Documents") during the construction of the
Project. Annual appreciation in the monetary value of each unit shall be limited by the Project
Documents to the lesser of the "all city consumer price index:7 and 3%.
E. Buyer wishes to reserve one or more Units pursuant to the terms of this Reservation
Agreement, for the sole -purpose of providing housing to one or more of its employees.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
% . 0
1. Reservation Agreement. A description of the Unit(s) available to be purchased by
Buyer, is found in the table in Section 2, below. Buyer and Seller agree that Buyer has reserved the
right, but does not have the obligation, to enter into a Contract for the purchase and sale of
Units in the Project, as follows:
Number --- Will These Units Be Used —
Reserved Year Round or Seasonallv9
Number of Lodge Rooms (10 available)
Number of Studios (only I available)
Number of I Bedrooms (6 available)
Number of 2 Bedrooms (9+ available)
Note: Check here C3 if you are interested in other types of Units if Seller cannot accommodate the
request made above. Enter the alternative type of Unit here:
(Based upon preliminary information received from persons interested in the Units, demand for the
one and two bedroom Units is higher than that for the Studios or Lodge Rooms.)
Buyer's purchase of the Unit(s) described above shall be upon terms and conditions to be set forth
in a standard form purchas�- contract to be provided by Seller, including any addenda required by the
Colorado Real Estate Commission or by the parties (to be referred herein as the "Purchase
Contract").
2. Reservation Dgposit.
Simultaneously with the execution of this Reservation Agreement, Buyer has tendered to
Seller a non-refundable deposit in the amount of $ (the "Reservation Deposit") to
be used by Seller for pre -development purposes (including without limitation earnest money deposits,
architectural fees, legal costs, financing commitment fees and all other such costs approved by Seller's
board of directors) and development expenses incurred, or to be incurred, by Seller in establishment
of the Project. Unless this Reservation Agreement is terminated because the Project becomes
impracticable, as provided in Section 4(a), below, the Reservation Deposit will be credited towards
the earnest money deposit required in the Purchase Contract(s). In the event Buyer closes on fewer
Units than reserved under tb�s Agreement, the remaining Reservation Deposit shall be credited against
the purchase price of the last Unit closed on by Buyer.
ALL MONEYS PROVIDED TO SELLER SHALL BE NON-REFUNDABLE AND FULLY AT
RISK. THE RESERVATION DEPOSIT SHALL BE USED BY SELLER TO COVER PRE -
DEVELOPMENT EXPENSES. IN THE EVENT DEVELOPMENT OF THE PROJECT IS
TERMINATED AT THE DISCRETION OF THE SELLER, AS PROVIDED IN SECTION 4(a),
BELOW, SELLER SHALL (IF POSSIBLE) PAY ALL REMAINING EXPENSES RELATED TO
THE PROJECT AND THEREAFTER REFUND TO BUYER ITS PRO RATA SHARE OF THE
-2-
% 0
FUNDS RECEIVED BY SELLER FOR THE PROJECT, IF SUCH FUNDS ARE AVAILABLE
TO SELLER. SUCH REFUND SHALL BE ENTIRELY AT THE DISCRETION OF SELLER.
The amount of the Reservation Deposit required for each available Unit is as follows:
Approximate
Square
Sales
Equity Required
Reservation
Unit Type
Footage
Price
At Closing
Funding
Lodge Room (studio
200
$70,000
$30,000
$6,000
w/bath & micro -
fridge
Studio (includes
370
$125,000
$55,000
$10,000
small kitchen and
Bath)
I Bedroom/l Bath
395
$135,000
$60,000
$12,000
2 Bedroom/1 Bath
570
$195,000
$90,000
$18,000
Note: The sales price and equity required are subject to change based upon final pricing
and market conditions for financing.
(There is a single 1,800 square foot, three -bedroom Unit which may be sold, rented, or reconfigured
into smaller Units which will alter the potential size and mix of Units available. Currently it is
anticipated that the Unit will be divided into three two -bedroom / one bath Units.)
3. Seller to Use Best Efforts. Seller shall use its best efforts to develop the Project as
an affordable housing project in a manner consistent with the preliminary plan attached hereto as
Exhibit A (the "Preliminary Plan"), and within the preliminary budget attached to this Agreement as
Exhibit B (the "Preliminary Budget").
4. Termination of Reservation Aareement.
(a) At any time prior to the funding of an acquisition and construction loan
sufficient to fund the acquisition and complete construction of the Project, Seller may
terminate th�is Reservation Agreement, upon delivery of written notice of termination to
Seller, if it becomes apparent to Seller, in its sole and absolute determination, that
development ofthe Project substantially as set forth in the Preliminary Plan cannot practicably
be completed within the constraints of the Preliminary Budget.
(b) Following funding of the construction loan described in subsection (a), above,
a complete package of documents relating to the Unit, including the Purchase Contract, floor
-3 -
% 0
plans and Project Documents will be delivered to Buyer by Seller via certified in", return
receipt requested. In the event that the Buyer wishes to purchase the Unit(s) reserved herein,
Buyer must return the fully executed Purchase Contract to Seller within five (5) business days
after Buyer's receipt thereof Unless Seller shall have received a fully executed Purchase
Contract on or before such date, this Reservation Agreement shall automatically terminate,
expire and be of no further force or effect.
(c) In the event of any termination ofthis Reservation Agreement, the Reservation
Deposit, plus any interest accrued thereon, shall be forfeited by Buyer, except that any moneys
received by Seller pursuant to any Reservation Agreement still remaining after payment of all pre -
development and development expenses related to the Project shall be distributed to the several
prospective buyers under the Reservation Agreements, pro rata based on the amount paid by each
such buyer. In event of any termination of this Reservation Agreement, the Reservation Deposit shall
be treated as a non -recourse, non -interest bearing loan to Seller, to be used exclusively for pre -
development and development expenses of Seller in establishing the Project.
5. Reservation Not an AgEeement to Purchase. The parties acknowledge and agree that
this Reservation Agreement does not constitute an obligation on the part ofBuyer to acquire any Unit
within the Project.
6. Absolute Right to Modify Project. Buyer acknowledges that Seller has the absolute
right, in Seller's sole and absolute discretion, to modify any aspect of the Project (including without
limitation its design, the number of units, mix of building types, materials to be used, and orientation
of individual Units) or the Project Documents as necessary or advisable to bring the Project as an
employee housing project to fruition.
7. Purchase Contract. The standard form Purchase Contract to be provided to Buyer
pursuant to paragraph 2, above, shall include the following terms and conditions:
(a) An acknowledgment that the Reservation Deposit shall constitute earnest
money and part payment for the purchase of the Unit pursuant to the Purchase Contract.
(b) Title Documents, including the Project, will be delivered to Buyer along with
the Purchase Contract. Buyer shall have ten (10) days after execution of the Purchase Contract to
review the title documents and shall have the right to terminate the Contract if title to the Unit(s) is
unacceptable.
(c) The Purchase Contract shall provide for a closing on any Unit within ten (10)
days after Seller's receipt of a certificate of completion of the Unit.
8. Project Documents. The parties acknowledge and agree that the use, occupancy,
rental and resale of all Units within the Project shall be subject to restrictions, rules, regulations and
policies to be set forth in the Project Documents, and such other instruments or documents as may
be adopted in order to carry out the intent of the Seller in establish an employee housing project.
9. Preliminary Information. Buyer may receive various documents and information
regarding Ullr Village. All such documents, including land use applications, declarations, and
descriptions of the employee housing program are preliminary in nature. Modifications to such
documents and maps may be made between the date of this Reservation Agreement and final
organization of the Ullr Lodge. Accordingly, no such preliminary information shall be relied upon
by the Buyer. THE ONLY INFORMATION WHICH BUYER SHOULD RELY UPON IS THAT
WHICH IS PROVIDED TO BUYER FOLLOWING FINAL APPROVAL OF THE PROJECT BY
THE CITY OF ASPEN AND IN CONNECTION WITH TITLE REVIEW.
10. Financial Ability. Upon request of Seller, Buyer shall provide reasonable financial
information sufficient to demonstrate Buyer's financial ability to complete the purchase of the Unit
and/or to participate in any financing secured or to be secured by Seller. If Buyer fails to timely
provide such financial information or if Seller determines, in its discretion, that Buyer does not have
the financial ability to complete the purchase of the Unit(s) or to assist in securing financing for the
Project, Seller may, at its option, terminate this Reservation Agreement and return the Reservation
Deposit to Buyer. Seller's right of cancellation under this provision shall terminate at the time
permanent financing is secured for the Project.
11. Assiarnment/Recording. This Reservation Agreement may not be assigned or recorded
without the express written consent of Seller, which may be withheld for any reason.
12. Buyer Representations and Warranties. Buyer hereby represents and warrants to, and
agrees with Seller, as follows:
(a) The Unit is being purchased for housing of Buyer's employees, and not for
speculation or as an investment in which appreciation of value is anticipated.
(b) Seller has made available to Buyer all documents and information that Buyer
has requested relating to potential purchase of a Unit.
(c) Bdyer recognizes that Seller is a non-profit organization whose purpose is to
provide affordable housing opportunities to individuals working in the Roaring Fork Valley,
that Seller has little financial or operating history and that purchase of a Unit involves
substantial risks, and Buyer has taken full cognizance of and understands all of the risk factors
related to the purchase of Unit, including, but not limited to, the total loss of any moneys paid
to Seller (including the Reservation Deposit) caused by Seller's inability to secure
development financing, requisite governmental approvals or any other factor necessary for the
successful development of the Project.
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% 0
(e) Buyer has carefully considered and has, to the extent Buyer believes such
discussion necessary, discussed with Buyer's professional legal, tax and financial advisers the
suitability of the purchase of Unit(s) for the Buyer's particular tax and financial situation and
Buyer has determined that the Unit is a suitable purchase for the Buyer.
(f) The foregoing representations and warranties are true and accurate as of the
date hereof and shall survive any further agreements reached by the parties regarding the
purchase and sale of any Unit(s), unless specifically excluded by the terms of such agreement.
If such representations and warranties shall not be true and accurate in any respect, Buyer
will, prior to acceptance of this Agreement, given written notice of such fact to Seller
specifying which representations and warranties are not true and accurate and the reasons
therefor.
(g) Buyer shall indemnify and hold harmless Seller and any of its officers,
employees, agents and directors who was or is a party or is threatened to be made a party to
any threatened, pending or completed action, suit or proceeding, whether civil, criminal,
administrative or investigative, by reason of or arising from any actual or alleged
misrepresentation or misstatement of facts or omission to represent or state facts made by
Buyerto Seller concerning Buyer or Buyer's financial position in connection with the offering
or sale of any Unit which is not remedied by timely notice to Seller as provided above, against
losses, liabilities and expenses for which Seller or any of its officers, employees, agents and
directors of any such entity have not otherwise been reimbursed (including attorneys' fees,
judgments, fines and amounts paid in settlement) as actually and reasonably incurred by such
person or entity in connection with such action, suit, or proceeding.
13. Miscellaneous Provisions.
(a) All pronouns and any variations thereof used herein shall be deemed to refer
to the masculine, feminine, singular, or plural as the identity of the person or persons may
require.
(b) Neitherthis Reservation Agreement nor any provisions hereof shall be waived,
modified, changed, discharged, terminated, revoked, or canceled except by an instrument in
writing signed by the party against whom any change, discharge, or termination is sought.
(c) Notices required or perniitted to be given hereunder shall be in writing and
shall be deemed to be sufficiently given when personally delivered or sent by registered mail,
return receipt requested, addressed to the other party at the address of such party set forth
in the Agreement, as amended from time to time, or to such other address fijrnished by notice
given in accordance with this Section 13(c).
(d) This Reservation Agreement shall be enforced, governed and construed in all
respects in accordance with the laws of the State of Colorado and shall be binding upon
M
S 0
Buyer, Buyer's heirs, estate, legal representatives, successors and assigns and shall inure to
the benefit of Seller and its successors and assigns.
(e) In the event that any provision of this Reservation Agreement is invalid or
unenforceable under any applicable statute or rule oflaw, then such provision shall be deemed
inoperative to the extent that it may conflict therewith and shall be deemed modified to
conform with such statute or rule of law. Any provision hereof which may prove invalid or
unenforceable under any law shall not affect the validity or enforceability of any other
provision hereof.
(f) This Reservation Agreement and the Memorandum constitute the entire
agreement among the parties hereto with respect to the subject matter hereof and supersede
any and all prior or contemporaneous representations, warranties, agreements and
understandings in connection therewith. This agreement may be amended only by a writing
executed by all parties hereto.
(g) Title to the Unit shall be taken as follows:
IN WITNESS WHEREOF, the parties have set their hand to this Agreement the date first
above written.
Buyer:
IM
Name:
Title:
SELLER:
Date
CARBONDALE AFFORDABLE HOUSING CORPORATION
M
J. M. Schoeberlein
Chair -man and President
Date
GAC1icnt\C=bonda1e AM Housing Coip\Resa-vation Ag--t for LW Lodge- #3
-7-
December 17, 1999
Katherine Updike
Building Solutions
8300 County Road #3
Marble, CO 81623
Re: UIIr Lodue Affordable Housing Project
520 West Main Street
Dear Katherine:
AsPEN - PnxiN
CommuNrry DEvELoPmENT DEPARTMENT
The applicability provisions of the City's Planned Unit Development code were recently
amended pursuant to Ordinance No. 52, Series of 1999. The Community Development
Director may now allow a property of any size to apply under the Planned Unit
Development provisions of the Land Use Code if, prior to application, it is determined
the development of the property may have the ability to further the goals of the Aspen
Area Community Plan and that the review process of the Planned Unit Development
regulations will best serve the interests of the community.
After reviewing'your preliminary plans for affordable housing on this site and with
respect to the language of this code amendment, I believe your project is suitable to be
reviewed as a Planned Unit Development. I look forward to your application. Please
contact a planner in my department if you have any questions about the review
procedures, etc. 920.5090.
Sincerely,
Julie Ann Woods, AICP
Commun * ity Development Director
City. of Aspen
130 SourH GALENA STREE-r - ASPEN, COLORADO 81611-1975 - PHONE 970.920-5090 - FAx 970.920.5439
Printed on Recycled Paper
0
UlIr Parking Proposal
Existing Conditions: 27 units (including 1900 sf 3 BR unit which is often rented to 3 individual rents)
19 parking spaces
Proposal: 30 Units (no increase in FAR)
19 spaces rented at $125/month on a First Come -First Serve Basis among
Employer/HomeOwners (Benedict Commons is renting at $150/month for
indoor parking — minimum 3 month initial lease)
Employer/HomeOwners who do not receive parking must:
i) Provide Parking off -site on Company property or at alternative location
OR
ii) Prohibit tenant/employee by lease to forego personal car in Aspen
DEC. 7.1999 10:54AM
OW E"T MAW STRECT
ASPEN, COLORADO 816 11
TELMOAM BiO426-4766
PACSIUIL-c 9701020-2950
BILL POSS & ASSOC
0 0
MEETING ULLR Lodge
PROJECT
NOTES 9927.00
JOB NO.
PARTICIPANTS:
....................................... ...... I ..............................
Katie Updike Vdale Aff. Hou Ing
........
cAHc
��: . ................................
ichard de Campo
........................ .........
Bill Poss & Assoc.
..............
............
ap 6 .......
..
�es osenstein
Bill Poss & Assoc.
4
SPA
Tony.En�Rival
....... ......................
� ULLR Lodp ...............
4 .................
t
:. a
4 ........... i
Stephen Kanipe .............
..........................
*. Cornrnuni�y Devell.
4.12_1 ........ ......... I .........
!;� .......
Orrin Moon Fire D9.p.AqMqtijt ........
....................................................
............................................................
.............................................. I .....................
NO. 210 P. 2/3
Oct. 12, 1999
DATE
4 om
TIME
ULLR Lodoe
LOCATION
...................................................................
D E S I'P* STATUS REsP. PARTY: DEADLINE
---------------- j ........................... ................................................................................
Crawlspaces. Steve indicated they could be considered
conditioned space, and should have a space heater to prevent pipe
freezing. Access door needs to be replaced with one rated at 20-
minutes.
............... 4 .................................................................................. . ............................................................................................
Smoke Detectors. Although Steve feels that battery -operated
ones might be OK, he would recommend they be hard -wired for
liability. Orrin would strongly recommend a "smart system" fire
alarm.
............... ....... I ............................................................................................. ................... ................... ................... 4
Stair to Lodge Units. Although this stair should have a 1 -HR fire
3. rating, Steve felt that a smoke alarm system might compensate for
the lack of a 1-HR rating.
........... �,Vz.\A .............................................. ....... ................... ....................
..........
Bedroom Windows. Steve sakl_)H)A�uld allow windows with 48"
high sills and a minimum 20"x 30" opening to remain.
Furthermore, in the two lower level 'lodge units' (#I & 2), where
the sills are 57" above the floor, Steve would probably allow some
4.
sort of step or bench to facilitate egress at the e)dsting windows.
However, in areas where sills were substantially higher (such as
the maid's room) a light well and 44" high sills would need to be
installed, providing 10% natural light per current code.
............... .................................................................................................................... ................... 4 ................... ...................
Corridor Width. The corridors that were slightly less than 36" wide
would be allowed to remain. However, he felt that one handrail
5.
should be eliminated on the stair to the maid's room to allow for
increased width,
............... ......... .. ................................................................................. .... .............. ................... ...................
o e oom i:i�a and Separate Sink. The 'lodge rooms' (I.e.
the motel -type rooms around common stair) could be converted to
efficiency units even though they are slightly smaller than the
minimum 220 sf. Steve felt they should be restricted to single -
occupancy units. Since there will be an additional cooking area
downstairs for these units, Steve thought they could use the
bathroom sink in lieu of having a separate kitchen sink.
............... ........................................... . ....................................................................... ................... ................... ...................
Roof Assembly. Steve inquired about the roof construction and
7. insulation. Owner Tony Percival said it was a "double roof" with
Insulation and a vented airspace. Steve said that was OK as is.
DEC. 7.1999 10:54AM BILL POSS & ASSOC
0 0
MEETING ULLR Lodge
PROJECT
NOTES 9927.00
JOB NO.
PARTICIPANTS:
Katie Updike
C'dale Aff. Housing
c&Hc
.......................................
Richard de Campp
4 ....................................
Bill Poss & Asso
ap
.......................... .........
Les Rosenstein
........................... ......
Bill Poss & Asso
......
SPA
. ..................................
........................... .......
ULLR Lodge
Stephen Kanipe
................ .................
Communitv Devell.
A
CD
............
...................... I ................
Orrin Moon
........................................
................. ....... I .........
Fire DeDartment
............ ........................
Fa .........
....................................... ..................................
............
................. I .................. I ......................................................
.................................................................... I ............................ . ...............................
Stairs. Although treads and risers were uneven and didn't always
meet code, Steve acknowledged that there wasn't a good way to
fix these short of rebuilding the stairs, which was unreasonable, so
NO. 210 P. 3/3
Oct. 12, 1999 -
DATE
4 om
TIME
ULLR Lodge
LOCATION
the steps can remain, including winders which don't meet the
Minimum 6n tread. However, proper guardrails and handrails would
need to be added where lacking, and Steve thought that such
added safety features could compensate for rise & run
inconsistencies. Although the guardrail at the second floor units
should be 42" high per current Code, Steve said the existing one at
36" high could remain, Since the courtyard stair up to the second
floor units has columns interrupting the guardrails, Steve wanted to
make sure that the new handrails would be continuous past these
Obstructions, Headroom clearances: a) at maid's room, take out
approximately 16" of walkway to provide proper clearance; b) at
upper flight of internal stairs to lodge rooms, reconfigure bottom of
closet over stair; q) if stair to housekeeping/laundry is just for a
convenience interconnect and not as a primary means of
circulation, It could remain.
............... ................................ _ ................................................................................ ................... ................... ...................
Surface mounted romex whing. In at least one of the units (#20),
9. there was surface -mounted romex wiring, which Steve said must
be enclosed in conduit or surface -applied casing.
.................................................................................................................... ................... ...................
10 Conversion of 3-1311 unit If this unit was substantially gutted and
remodeled, the new Work would have to be done per current code.
------------------ ......... ................................... ------
............... ....................................................... I ................. I ............................ I ........... ..... . ............ ................... ...................
.......... **""*,*,,*,",*,""""*,*"*""",**,.,**.**",-I ------------
............... ............. ................................................................................................ ..... . ............ ................ ...................
............... .................................................................................................................... ............... ........... ....... ...................
............
............... .................................................................................................................... ................... ................... .........
.......................... I ........ 111 ............ I .........
............... ......................................................... I ................................................. I ........ ................ ................... ...................
............................. I ............................................ I ....................................................................................................................
IF THIS IS NOT YOUR UNDERSTANDING OF WHAT TRANSPIRED, PLEASE CONTACT BILL POSS AND ASSOCIATES IkWEDiATELY.
PREPARED BY: Richard L. de Campo, ALA. P.E. PAGE 2 OF 2
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Katie Updike, 03:31 PM 4/5/00 600, Re: Fwd: U11r Page I of 2
X-Sender: kupdike@rof.net
X-Mailer: Windows Eudora Pro Version 3.0 (32)
Date: Wed, 05 Apr 2000 15:31:39 -0600
To: Nick Lelack <nickl@ci. aspen. co. us>
From: Katie Updike <kupdike@rof.net>
Subject: Re: Fwd: Ullr
Nick/ Julie Ann -
I'm flying today and mostly out of the office, but hopefully this will
start you, Julie Ann. Please feel free to call with any other questions
that might fill in the cracks of where you want to take the discussion.
Employer Sponsors: Alpine Bank, Design Workshop, Gant, Aspen Group, Bill
Poss & Associats, Aspen Square, Hotel Lenado, Aspen Sports, Frias, and
Cybercare.
27 units priced between $65,000 (smallest lodge unit) to an estimated
$260,000 (largest 2 bedroom). All the units are Category 3 except the 2
bedrooms which are Category 4. Employers have agreed to deed restrict for
appreciation caps and income/asset restrictions. All of the units have
been reserved and none are expected to be available outside the core group
unless there are some changes in circumstances among the group.
We'd like to think about doing another similar project - maybe even
consider new construction. Employers started out with a certain degree of
distrust that the process could work for them. The over-all outcome has
been reassuring. A number of issues have been worked out with the Housing
Authority and Employers. Please let us know if you think that there is
interest in pursuing another venture. The Housing Authority seems interested.
Call if you need more flavor.
Katie Updike
963-9511
At 08:42 PM 4/4/00 -0500, you wrote:
>Hi Katie,
>Our Director just asked me to provide her with some information on the
>Ullr. I can provide some of the nuts and bolts, but any details you can
>provide will be extremely helpful.
>Thanks.
>>X-Sender: juliew@comdev
>>X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2
>>Date: Tue, 04 Apr 2000 17-03-48 -0600
>>To: N ickl@ci. aspen. co. us
>>From: Julie Ann Woods <juliew@ci.aspen.co.us>
>>Subject: Ullr
>>Can you please give me a summary of who the business owners of the Ullr
>>rnight be, and info on the units re: # units, categories, prices,
>>availability, etc. I agreed to add this to our Housing project we're doing
Printed for Nick Lelack <nick1@ci.aspen.co.us> 5110100
Katie Updike, 03:31 PM 4/5/ W 600, Re: Fwd: UlIr 0 Page 2 of 2
>>through Leadership aspen. Anything you could get me would be
>>helpful. thanks. JA.
>Nick Lelack
>Planner, City of Aspen
>(970) 920-5095
Printed for Nick Lelack <nickl@ci. aspen. co. us> 5/10/00
Katie Updike, 01:33 PM 5/2/ * 600, U11r Page I ot'l
X-Sender: kupdike@rof.net
X-Mailer: Windows Eudora Pro Version 3.0 (32)
Date: Tue, 02 May 2000 13:33:40 -0600
To: Nick Lelack <n ickl@ci. aspen. co. us>
From: Katie Updike <kupdike@rof.net>
Subject: Ullr
Nick -
Thanks for helping get the demo permit out ... seemed to be a lot of
confusion, just needed the prod. Oddly enough, when I talked to Sarah
1-1/2 weeks ago I thoguht we were a day a way just waiting for HPC to sign.
Amy in fact returned and said she had signed when it first came
in ... confusion. Oh well. We're back to work again. Thanks.
Nick, I just received word from Farrell that he did not think it was a good
idea to waive the school fees. Long time to decide, but not a surprise. I
am wondering, however, about what the final permit fees are going to be.
I've been told various things on the permits issued so far. First, that if
it is 100% affordable all fees are waived. Then, no, because there is a
free market unit (even tho'we're not doing any work on that unit). Who is
it that makes the determination. Do I need to apply? Does the Housing
Office need to do something? Just need to know.
Many thanks,
Katie
PS. There seems to be some interest (nascent) about trying to document and
repeat the UlIr experiment ... maybe with new construction, maybe rehab. I
will look forward to hearing your thoughts on the concept and where it fits
in to the over-all planning.
Printed for Nick Lelack <nickl@ci. aspen. co.us> 5/2/00