HomeMy WebLinkAboutLand Use Case.Aspen Country Inn.A11-97mL.
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MEMORANDUM
To: Chris Sendon, Planner
From: Nancy MacKenzie, Environmental Health Officer
Date: March 24, 1997
Re: Aspen Country Inn Rezoning PUD, GMOS Exempt. & Special
Parcel ID ii: 2735- 112 -02 -001
The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code of the Citv of Aspen. and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11 -1.7 "It shall be unlawful for the owner or
occupant of any building used for residence or business purposes within the city to construct or
reconstruct an on -site sewage disposal devise."
The plans to provide wastewater disposal for this project through the central collection lines of the
Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability
of the Aspen Consolidated Sanitation District to handle any increased flow, if there will be an
increase, for the project should be determined by the ACSD. The applicant has failed to provide
documentation that the applicant and the service agency. are mutually bound to the proposal and
that the service agency is capable of serving the development.
A condition' of approval for this project should be that the applicant shall provide
documentation "..that the applicant and the service agency are mutually bound to the
proposal and that the service agency is capable of-serving the development.." as defined in
the Municipal Code of the City of Aspen.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sectior, 23 -55 "All buildings, structures, facilities, parks;
or the like within the city limits which use water shall be connected to the municipal water utility
system."
The provision of potable water from the City of Aspen system is consistent with Environmental
Health policies ensuring the supply of safe water. The City of Aspen Water Department shall
determine if adequate water is available for the project. The City. of Aspen water supply meets all
standards of the Colorado Department of Health for drinking water quality. The'applicant has failed
to provide documentation that the applicant and the service agency are mutually bound to the.
proposal-and that the service agency is capable of serving the development.
A condition of approval for this project should be that the applicant shall provide
documentation "..that the applicant and the service agency are mutually. bound to the
proposal and that the service agency is capable of serving the development.." as defined in
the-Municipal Code of the City of Aspen.
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WATER OUALITY IMPACTS: Section 11 -1.3 "For the purpose opmaintaining and protecting its
municipal water, supply from injury and pollution, th.e city shall exercise regulatory and
supervisory jurisdiction within the incorporated limits of the City. of Aspen and over all streams
and sources contributing to municipal water supplies for a distance of five (5) miles above the
points from which municipal water supplies are diverted." Water quality impacts are possible
from both surface runoff drainage and from runoff from the stable area. .
DRAINAGE
A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated
by the City Engineer..
AIR QUALITY: Sections 11 -2.1 "It is the purpose of [the air quality section of the Municipal Code] to
achieve the maximum practical degree of air purity possible by requiring the use of all available
practical methods and techniques to.control, prevent and reduce air pollution throughout the
city..." The Land Use Regulations seek to "lessen congestion " - and "avoid transportation demands
that cannot be met" as well as to "provide clean air by protecting the natural air sheds and
reducing pollutants ":
The major concern of our department is the impact of increasing traffic in a non - attainment area
designated by the EPA. Under the requirements of the State Implementation Plan for the Aspen
area, PM =10 (which comes almost all from traffic driving on paved roads) must be reduced by 25% by
1997. in order to achieve .that reduction, traffic increases that ordinarily would occur as a result of
development must be mitigated, or else the gains brought about by community control measures
will be lost. In addition, in order to comply. with the municipal code requirement to achieve the
maximum practical degree of air purity by using all available practical methods to reduce pollution,
traffic increases•of development must be offset. In order to do this, the applicant will need to
determine the traffic increases generated by the project. commit to a set of control. measures, and
show that the traffic decreased by the control measures is at least as great as the traffic increases of
the project without mitigation.
Part of the Maroon Creek Club PUD took credit for demolishing the Aspen Country Inn and
terminating all use., Therefore, we need to look at this as new development on bare land, so the
impact on air quality of the proposed 36 for 40 ?) units will have to be mitigated.
The application does not address the impacts this new project will have on PM10. The applicant will
need to first determine the traffic and PMlo increase from-the project, and. then implement
enough mitigation measures to prevent air pollution from this project-
The applicant is referred to Institute of Transportation Engineers (ITE) Trip Generation Report , Fifth
Edition for trip generation rates to be used for various types of development projects.
Then proposed mitigation measures will have to be evaluated to ensure they will fully offset any
increase in traffic and PMio
The units are supposed to be 100°/6 affordable housing units. However, we have heard that nothing
is actually finalled as far as number of units, who will.be eligible for these units., or if they will be
owner occupied or rental units. Lately we have heard that all units will be rental units and that they
PA
will only be rented to senOcitizens,anct.that there will be 40 a, not 36. But this..is not stated in
the application.
So these details will have to be settled before the impact on air quality by this development can be
determined. The ITE Trip Generation Report estimates the number of vehicle trips likely to be
generated by a particular land use. The "Pitkin County Road Management & Maintenance Plan" uses
the ITE Land Use Code 210 for all affordable housing units including condominiums and apartments.
This rate is 9.55 trips per dwelling unit per day. The ITE estimate for "Elderly Housing" is 2.6 trips per
unit on a weekend. This is based on only four studies in the 1980's and some of these elderly housing
projects are self- contained with on -site medical facilities and retail shops. The estimate for "Nursing
Homes" was 2.60 trips per unit per day. This type of facility is not close to what is being proposed. "
Low Rise" ( one or two floors), rental units average about 6.6 trips per unit, and this might be closer
to this proposed project.
we contacted other agencies in Denver and they had no specific trip generation numbers available
for 'senior, rental units'. it is difficult to judge the number of trips per, day that these units- will
generate. especially if they are all or partially 'senior, rental'. In our judgment, since the. proposed
units are mainly studio and one - bedroom units, it might be appropriate for this specific project to
propose using the 6.6 trips per unit figure for "low- Rise" if there are regular employee housing units
in this project. And it would be realistic to take an average of 2.6( °Elderly Housing") - 6.6 ("Low -
Rise") /2= 4.6 trips per unit for any senior housing units in this project.
Per the "Pitkin County Road Management & Maintenance Plan Affordable Housing Units located
within one half mile of a transit stop can use a reduction of 2.0 trips per day. So, retaining a bus
stop / rail stop on Hwy 82 to serve this project and the Pomegranate should be part of the
mitigation measures.
There is no formal plan in the application for mitigation methods. we have heard that the applicant
is considering adding paved acceleration and deceleration lanes to Hwy 82 at the entrance to this
project, but no formal letter of commitment benveen the applicant and.CDOT has been received to
document this commitment. and the acceptance of it by COOT -.. Then the required length of this
paving would need to be specified to be able to figure the credit given in reducing PM10.
It has also been said that the road into this project and the parking area will be paved. The specific
length of the road and the parking areas would need to be provided to determine the reduction in
PM10 emission from this paving as compared.to if it remained dirt or gravel.
We recommend that a condition of approval be that prior to issuance of any building
permits or use of the facility, the applicant provide proof to the Aspen /Pitkin
Environmental Health Department that proposed mitigation. measures are sufficient
to offset increases in PM,o and traffic caused by the project.
FIREPLACEiWOODSTOVE PERMITS In metropolitan .areas of Pitkin County which includes this site,
buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited
numbers of decorative gas fireplace appliances per building. New homes may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel. Barns and agricultural buildings may
not install any type of fireplace device. The application states that all existing fireplace will be
removed and no new fireplaces will be added.
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A condition of approvalouid be that the affordable houtg units include in their deed.
restrictions or their covenants that no gas log fireplaces and no certified woodstoves
may be installed, as represented in the application.
DEMOLITION Prior to demolition the applicant should have the building tested for asbestos, and if
any is present, should consult the Colorado Health Department regarding proper removal. In any
public or commercial building, before any demolition involving any material put in before 1986,
(besides concrete, bricks, or steel) the state must be notified and a person licensed by the state
to do asbestos inspections must do an inspection. Enough time should be allowed for the
inspections, sample collecting, sample analysis, and to have.the report written. if asbestos is
present, it must be removed by a licensed asbestos removal contractor. It must be disposed of in
-a licensed landfill. A state asbestos abatement permit must be obtained by this contractor.
Prior to demolition the applicant should have the building tested for asbestos, and if any
is present, should contact this Department regarding proper removal.
FUGITIVE DUST A fugitive dust control plan is required which includes,.but is not limited to fencing,
watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud
that has been carried out, speed limits, or other measures necessary to prevent windblown dust
from "crossing the property line or causing a nuisance.
obtaining this permit is a condition of approval of the building permit for this project.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16 -1 "The city council finds and declares that noise is a significant
source of environmental pollution that represents a present and increasing threat to the public
peace and to the health, safety - and welfare of the residents of the City of Aspen and it its visitors.
.....Accordingly, it is the policy of council to provide standards for permissible noise levels in
various areas and manners and at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels.
4
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anate inn - -meter ser
To: chrisb
From: Phil Overeynder <philo @commons.aspen.co.us>
Subject: Re: Pomegranate Inn - -Water Service Needs
Cc: geraldd,marko,leel
Bcc:
X- Attachments:
Chris,
I am forwarding you a copy of prior correspondance on water service needs
for the Aspen Country Inn (formerly Pomegranate) as part of your
development review. We have some existing problems that need to be dealt
with in this area prior to redevelopment of the Inn as housing units. These
stem from the City's water service agreement (WSA) with the Maroon Creek
Club (Pearce) which envisoned abandonment of this structure with concurrent
abandonment'of the existing substandard distribution system serving the
inn. The balance of the system in this area has been or will be upgraded to
current City of Aspen standards under the WSA with Pearce.
The City of Aspen has the capacity to serve this development provided the
recommended.system upgrades are made.
>Date: Tue, 25 Feb 1997 11:10:33 -0600
>To: davet
>From: Phil Overeynder <philo @commons.aspen.co.us>
>Subject:.Re: Pomegranate.Inn- -Water Service Needs
>Cc: steveb,geraldd,marko,leel
>Dave,
>I got a quote on this work. The total cost will depend on exactly how the
service lines are tied in to the structures and there are several options
on how this could be done. For budget purposes, I believe it will cost up
to $40,000. Of this, approximately $13,000.is related to work necessary to
abandon the redundant '10" main fronting these units. The Water Fund will
pay these costs from our mainline repair and replacement program. The
balance of the costs. are associated with the service lines and would be the
responsibility of the property owner.
>We will probably do the work on the old main regardless of the
participation of the property owner or Housing Authority with respect to
replacement of the service lines. The last time this main failed we had a
repair bill for $30k! Also.with the potential realignment of the highway in
this area we will be ahead to do this work before the highway is moved.
>The cost of doing both the main and service lines under a single contract
would be lower than doing it at different times, but I don't know how much
would be saved. If you are pursuing purchase and want to participate in
repairing service lines let me know. Thanks,
>Phil
»X- Sender: davet @commons
>>Date: Mon, 13 Jan 1997 13:21:22 -0700
>>To: Phil Overeynder <philo @commons.aspen.co.us>
>>From: Dave Tolen <aspen.co.us>
lPrinted tor Phil Overeynder <phi1o@aspen.co.us>
1/
chrisb,.11:28 AM 497, Re: Pomegranate Inn - - er Ser
>>Subject: Re: Pomegranate Inn - -Water Service Needs
>>Phil .
>>Thanks for the info. I should get together with you on this some time in
. >>the next three weeks or so, once we have the overall land use application
on
>>track and we are sure we are going ahead. I'll get in touch then. Thanks
again!
>>Dave
>>At 03:06 PM 1/9/97 -0700, you wrote:
>>>One factor, to consider in the improvement costs for the Pomegranate is
the
>>> existing water service for the area. The mains and water service lines
are
>old, substandard and subject to failure.
>>>The Water Dept has an agreement with Pearce to abandon those sections
that
>>>were subject to failure because it was anticipated that the structure
would
>>>be demolished. This was scheduled to happen as -one of the last
construction .
>>> related items for the Maroon Creek Club since the inn was being used to
>>>house construction workers.
>If the structure is to be retained, I would recommend that a number of
water
>related improvements be made to adequately serve the upgraded structure.
>>> These include abandonment of the 8" main and provision of a new
connection
>>>to the newer 16" transmission main fronting Highway 82. We"will also
replace
>>>the existing inadequate hydrant. I will get an estimate on these costs
and
>>>we should discuss the most appropriate way to finance.
>>>A related item I would suggest looking into is whether the fire dept
will
>>> require a fire sprinkler system for the upgraded structure. If they do,
it
>>>will likely require a new water service line adequately sized for the
>>> sprinkler system design. Even without this requirement you may want to
check
>>>into replacing the service .line .since we understand it is galvanized and
in
>>>poor condition and will likely fail within the next 10 years. I will get
a
>>>separate quote on the cost of a new service line if you'd like that
info as
>>>well.
Printed or Phil Overeynder <p i o aspen.co.us>
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
Stan Clauson, Community Development rector �-
Julie Ann Woods, Deputy Director A)
FROM: Christopher Bendon, Planner
RE: Aspen Country Inn Affordable Housing Project - 2nd Reading:
Amendment to the Official Zone District Map (public hearing)
PUD Conceptual and Final Review (public hearing)
Subdivision Review (public hearing)
GMQS Exemption for Affordable Housing (public hearing)
Approval of the Method of providing Affordable Housing
City Council Waiver of Land Use and Park Dedication Fees
DATE: May 19, 1997
SUMMARY:
The Aspen Country Inn was originally scheduled to be demolished as part of the
Maroon Creek PUD. During construction of the Maroon Creek Club, the entire
property was annexed into the City and rezoned to Park (P), earmarked for open
space purposes. During the annexation process, the City entered into an
agreement with the owner to purchase the Aspen Country Inn and re- develop it as
affordable housing to be operated by the Housing Authority.
The applicant, Aspen/Pitkin County Housing Authority, is requesting an
amendment to the official zone district map, a combined conceptual and final
approval for a planned unit development, subdivision approval, an exemption
from the growth management quota system for forty (40) affordable housing
units, approval of the method in which the affordable housing units are to be
provided, and a waiver of the land use application and park dedication fees.
The proposed method is 100% affordable housing provided on -site, deed
restricted to Categories 1 & 2. Priority shall be given to qualified seniors for
between 24. and 40 of the units. In absence of a qualified senior, qualified
residents shall be allowed to occupy these units.
On April 8, 1997, the Growth Management Commission reviewed and considered
the application and recommended City Council exempt from the growth
management scoring and competition procedures forty (40) affordable housing
units, and approve the method of providing these units, with conditions.
On April 29, 1997, the Aspen Planning and Zoning Commission approved with
conditions the application for rezoning, conceptual and final PUD, and
subdivision, and recommended City Council approve the project, with conditions.
Staff recommends approval of the amendment of the official zone district
map, conceptual and final planned unit development, subdivision, an
exemption from the growth management competition and scoring procedures
of forty (40) affordable housing units, approval of the method of providing
the affordable housing units, and a waiver of the land use application and
park dedication fees, with conditions.
APPLICANT:
Aspen/Pitkin County Housing Authority, represented by Dave Tolen, Director.
PREVIOUS ACTION:
The Aspen City Council considered this application during first reading of the.
ordinance on May 5, 1997.
FINANCIAL IMPLICATIONS:
The City currently has a contract to purchase this parcel, contingent upon land use
approval and a thirty (30) day grace period following the land use decision. The
land use application fee is estimated at approximately $3,500. The park
development impact fee for this proposed development would be approximately
$84,215. °
SITE INFORMATION:
Please refer to Exhibit "B" for all site information.
REVIEW PROCEDURE:
Please refer to Exhibit "C" for the applicable review procedures.
STAFF COMMENTS:
Please refer to exhibit "D" for Review Criteria and Staff Findings.
During the Planning and Zoning Commission's hearing, April 29,1997, there was
some discussion about the proposed alignment of the entry to the parcel. At the
April 16, 1997, Colorado Department of Transportation focus group meeting a
schematic plan indicating a shared access along the eastern property boundary
(shared with the Pomegranite Condominiums) was presented. While this plan is
by no means `set in stone,' all interested parties should be aware that the entrance
to the property as shown is subject to final approval by CDOT, and may change in
the future with the new entrance to Aspen.
2
0 0
City Council discussed the entrance to the parcel during first reading. An
entrance along the shared boundary with the Pomegranite Condominiums was
discussed. This alignment seemed to be favored by the Council, but is not
agreeable with the Pomegranite Condominium owners. Considering this, the
combined entrance, as shown on the proposed site plan, is the next most desirable
alignment. The final design of any entrance must be finally approved by CDOT.
During first reading, Condition #27 of the ordinance was discussed and Staff was
asked to provide more clairity concerning the Housing Authority's policy for this
project.
Condition 427 states that priority shall be given to qualified seniors for between
24 and 40 of the units. In absence of a qualified senior, a qualified resident shall
be allowed to occupy the unit. The Housing Authority's general policy for all
rental units does not displace current renters in favor of more qualified applicants.
The Housing Authority and City Staff believe this to be an appropriate policy for
the Country Inn. Staff does not recommend changing condition #27.
During first reading of the ordinance, there was some discussion concerning the
architecture of the project. An informal worksession has been scheduled for May
22, 1997, with local architects to discuss the Country Inn and gain a clearer
direction for the final product. Result of this discussion will be presented at the
City Council meeting.
RECOMMENDATION:
The Community Development Department recommends approval of the
amendment to the Official Zone District Map, conceptual and final Planned Unit
Development, subdivision, GMQS exemption for affordable housing, and
approval of the method in which the applicant is proposing to provide affordable
housing for the Aspen Country Inn, with the following conditions:
The following amendments to the approved Final Plat and PUD for the Maroon Creek
Club, Book 33, Page 4, and to the Subdivision Improvements Agreement for the
Maroon Creek Club, Book 730, Page 608, shall be made.
A.
In Section 2. (which begins on Page 2 of the agreement) the "Description of
Project" shall be amended to include on Page 4 anew item (iv), to read as
follows:
"(iv) Affordable Housing. On the south side of Highway 82, the Aspen
Country Inn shall be remodeled into an affordable housing project,
consisting of approximately forty (40) multi - family rental units, including
four (4) studio units , thirty -three (33) one bedroom units, and three (3)
two bedroom units."
•
•
B.
In Section 3 (which begins on Page 5 of the Agreement) the "Project
Construction" shall be amended by the addition of the following language to
Section (a):
"All direct and indirect references to the demolition of the Aspen Country
Inn (including the direct reference in Section 3.b) shall be deleted and
shall be replaced by approval to convert the Aspen Country Inn to
affordable housing, with development associated with said conversion
anticipated to occur during 1997."
C.
In Section 15 (which begins on Page 14 of the Agreement), subsection (e)
shall be amended as follows (new language in bold, language to be deleted
has beenut):
"Upon demelitio final approval of this PUD amendment by the City
Council and filing of all appropriate documents with the County
Clerk and Recorder, of the Aspen reunt,.., T"" and p ided s eh use is
t later- ,- esto, -e in aceer-danee with Seeti ,,, 7 1.13 o f the r- odt , that
certain Agreement dated June 1, 1981, and recorded in Book 431 at Page
221 (and exhibits thereto) between the County and James A. Latham d/b /a
Pomegranite Inn shall be terminated and extinguished."
This same amendment shall be made to Plat note 920, filed in Plat Book 34,
Page 23.
All changes to said documents shall be reviewed by the City Attorney and the City
Manager before recordation.
2. Sentence #1 of condition #1 of the Board of County Commissioners Resolution #93-
104, prohibiting further subdivision of the Maroon Creek Subdivision, shall be
considered void, thereby permitting this subdivision.
The applicant shall enter into a contract with the City of Aspen, and any appropriate
utility agencies, for any utility improvements necessary for adequate service. Any
contract with the City shall be approved by the City Attorney and City Council prior
to issuance of a building permit.
4. Any additional utilities, or replacement of utilities, shall meet the design standards of
Section 26.88, and shall be approved by the City Engineer and the relevant utility
agencies before construction. All utility easements shall be delineated and described
on the final plat.,
9
The replaced water service line, sewer service line and all other necessary utilities and
site improvements shall be provided prior to issuance of a certificate of occupancy.
6. The dimensional requirements shall be those of the AH1 -PUD zone district and as
follows:
a.
Minimum distance between buildings No requirement
b.
Maximum height (including viewplanes)
30' to the peak of the lobby
area(19' to the mid point) and 22'
to the ridge of the residential wing.
C.
Minimum front yard
100'
d.
Minimum rear yard
15'
e.
Minimum side yard
25'
f.
Minimum lot width
As represented on the final plat
g.
Minimum lot area
169,884 square feet
h.
Trash access area
10' wide minimum
i.
Internal floor area ratio
No requirement
j.
Minimum percent open space
25%
7. Before issuance of a building permit, the applicant shall comply with all aspects of
the Residential Design Standards, Section 26.58 of the Code.
Prior to issuance of a certificate of occupancy, the applicant shall provide a legal
instrument of common interest describing the continual care and maintenance of open
spaces, recreational areas and communally -owned facilities and private streets in
compliance with Section 26.88.
9. The applicant shall landscape with trees the parking buffers and landscape the center
of the traffic circle. The applicant shall take into consideration the replacement of the
existing sewer line, and landscape this area with soft landscape treatments only.
10. All lighting of the subject parcel shall be downcast with a standard fixture approved
by the Community Development Director and arranged in such a way as to prevent
direct glare or hazardous interference with adjoining streets or lands.
11. Prior to issuance of a building permit, the applicant shall mitigate problematic traffic
movements associated with the proposed traffic circle, as expressed by City Staff.
The Fire Marshal shall review and approve any changes to said traffic circle.
12. Prior to issuance of a building permit, the applicant shall sign a curb, gutter, and
sidewalk improvements agreement with the City.
13. Prior to issuance of a building permit, the applicant shall have the building tested for
asbestos. Any abatement measures necessary shall be performed by a certified asbestos
removal firm.
14. Prior to issuance of a building permit, the applicant shall meet design standards set
forth in Section 26.88.040 Subdivision, as applicable.
15. Prior to issuance of a building permit, the applicant shall obtain the appropriate access
permit from the Colorado Department of Transportation.
16. A trail easement shall be provided for the proposed trail labeled "future bike path" on
the landscape plan. This easement shall be recorded and described on the final plat.
17. Prior to issuance of a building permit, the applicant shall submit a draft plat to the
City Engineering Department for evaluation with all applicable requirements of the
Code, make the appropriate corrections, and record a final plat.
18. The applicant shall monument the_property boundaries, pursuant to Section 26.88 of
the Code, and delineate and describe all monuments on the final plat.
19. All utility meters and any new utility pedestals or transformers shall be installed on
the applicant's property and not in the public right -of -way. For pedestals, easements
must be provided. Building permit drawings must indicate all utility meter locations.
Meter locations must be accessible for reading and may not be obstructed by trash
storage.
20. Prior to issuance of a building permit, the applicant shall provide a drainage plan
compliant with the "Urban Runoff Management Plan ". Any detention basins, or
other such drainage mitigation measures, shall be constructed prior to issuance of a
certificate of occupancy.
21. Prior to issuance of a building permit, the applicant shall pay a $2,405.70 cash -in -lieu
payment for school land dedication.
22. The owner shall maintain 43 parking spaces available to residents year round, without
the encroachment of snow storage, or other obstructions. The applicant shall
designate, in an aesthetically sensitive manner, the drop -off area as 20 minute
temporary parking and all other vehicular access ways as no parking areas, especially
the access road to the Pomegranite Condominiums. The owner shall landscape the
parking buffer areas with trees to further differentiate the parking area visually, and to
provide summer shade. All parking spaces, snow storage areas, trash areas, and trash
access ways shall be clearly delineated on the final plat.
23. Before issuance of a building permit, the applicant must obtain tree removal permits
from the Parks Department for the two large aspen trees to be removed.
24. The applicant must gain the appropriate approvals from the City Water Department
before any alterations to the Stapleton Ditch.
25. The applicant shall not be responsible for any land use application fees, park
dedication fees, or water tap fees associated with this development.
on
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26. The City Council hereby grants an exemption from the scoring and competition
procedures of the growth management quota system for forty (40) affordable housing
units and deducts these units from the annual pool of development allotments.
27. The project shall consist of forty (4 0) affordable housing units deed restricted to
Categories 1 and 2. Priority shall be given to qualified seniors for between 24 and 40
of these units. In the absence of a qualified senior, a qualified resident shall be
allowed to occupy the unit.
28. Any change to the Housing Authority's policy, as outlined in condition #27 above,
shall be considered an insubstantial amendment, subject to approval by the
Community Development Director. Any other amendment to this approval shall be
subject to all applicable Municipal Code Sections.
29. All material representations made by the applicant in the application and during public
meetings with the Aspen City Council shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve Ordinance #16, series 1997, amending the Official Zone
District Map, granting conceptual and final approval for a Planned Unit
Development, approving the Subdivision, exempting from the competition and
scoring procedures of growth management forty (40) affordable housing units,
approving the method in which the affordable housing is proposed, and waiving
the land use and park dedication fees for the Aspen Country Inn, 38996 Hwy. 82."
ATTACHMENTS: Exhibit "A" - Draft Agreement with Pomegranite Condo. owners
Exhibit `B" - Site Information
Exhibit "C" - Review Procedure
Exhibit "D" - Staff Comments
Exhibit "E" - Amendments to the application
Exhibit "F" - Application
Exhibit "G" - Agency Referral Comments
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ORDINANCE N0. 16
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM P-
PUD (PARK - PLANNED UNIT DEVELOPMENT) TO AH1 -PUD (AFFORDABLE
HOUSING - PLANNED UNIT DEVELOPMENT), CONCEPTUAL AND FINAL PLANNED
UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, AN EXEMPTION
FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING
PROCEDURES, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING
IS TO BE PROVIDED, AND WAIVER OF THE LAND USE APPLICATION, ZONING,
AND PARK DEVELOPMENT IMPACT FEES FOR THE ASPEN COUNTRY INN
AFFORDABLE HOUSING PROJECT, 38996 HIGHWAY 82, CITY OF ASPEN, PITKIN
COUNTY, COLORADO
WHEREAS, The Aspen/Pitkin County Housing Authority, represented by David Tolen,
Director, (Applicant) submitted an application (development proposal) to the Planning Office to
develop forty (40) fully deed restricted dwelling units on a 3.9 acre parcel at 38996 Highway 82,
known as the Aspen Country Inn; and,
WHEREAS, the applicant has requested a rezoning of the parcel from P7PUD (Park-
Planned Unit Development) to AH1/PUD (Affordable Housing - Planned Unit Development) in
conjunction with an application for Conceptual and Final Planned Unit Development approval,
Subdivision approval, Special Review approval to establish the parking requirements, an exemption
from the competition and scoring procedures of the Growth Management Quota System, approval
of the method in which the affordable housing is to be provided, and waiver of land use, zoning,
and park development impact fees; and
WHEREAS, the Planning Department reviewed the development proposal in accordance
with all applicable procedure and review criteria set forth in Sections 26.28, 26.32, 26.44, 26.52,
26.56, 26.58, 26.64, 26.84, 26.88, 26.92, and 26.100 of the Municipal Code; and,
WHEREAS, upon consideration of the applicant's request to consolidate the four step
PUD review to two steps and considering the Planning Director's recommendation, the Planning
and Zoning Commission has recommended to Council a consolidated PUD review process; and,
WHEREAS, the Growth Management Commission conducted a public hearing on March
8, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed and considered the
Ordinance No. 16, Series 1997
Page 1
development proposal in accordance with those procedures set forth in Sections 26.52 and 26.100
of the Municipal Code, and made a recommendation to the City Council in accordance with Section
26.100 of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing on April
29, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the development
proposal in accordance with all applicable procedures and review criteria set forth in Sections
26.28, 26.32, 26.52, 26.64, 26.84, 26.88, and 26.92 of the Municipal Code, approved, with
conditions, the Special Review to establish the parking requirements, and recommended to Council
approval of the Amendment to the Official Zone District Map, Conceptual and Final Planned Unit
Development approval, and Subdivision approval, with conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified in . Sections 26.28,
26.44, 26.52, 26.84, 26.88, 26.92, and 26.100 of the Municipal Code, has reviewed and considered
those recommendations and approvals as granted by the Growth Management Commission, the
Planning and Zoning Commission, and the Housing Authority, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Council found that a full four step PUD review process would be
redundant and serve no public purpose and a two step consolidated PUD review process would be
more appropriate; 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 public
health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Ordinance No. 16, Series 1997
Page 2
0 0
Section 1•
That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as
described on the final plat, from P -PUD (Park - Planned Unit Development) to AH1 -PUD
(Affordable Housing - Planned Unit Development).
Section 2•
The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to
reflect the amendment as set forth in Section 1 above.
Section 3•
Pursuant to Section 26.84.030 of the Municipal Code, City Council finds that a four step review
process would be redundant and serve no public purpose and approves a consolidated two step
PUD review process.
Section 4:
Pursuant to Sections 26.28, 26.44, 26.52, 26.84, 26.88, 26.92, and 26.100, and subject to those
conditions of approval as specified hereinafter, the City Council hereby grants approval for an
amendment to the Official Zone District Map, Planned Unit Development approval, Subdivision
approval, exemption from the Growth Management Quota System scoring and competition
procedure for affordable housing, approval of the method of providing affordable housing, and
waiver of the land use and park development impact fees, with the following conditions:
1. Thd following amendments to the approved Final Plat and PUD for the Maroon Creek
Club, Book 33, Page 4, and to the Subdivision Improvements Agreement for the
Maroon Creek Club, Book 730, Page 608, shall be made.
A.
In Section 2. (which begins on Page 2 of the agreement) the "Description of
Project" shall be amended to include on Page 4 a new item (iv), to read as
follows:
"(iv) Affordable Housing. On the south side of Highway 82, the Aspen Country
Inn shall be remodeled into an affordable housing project, consisting of
Ordinance No. 16, Series 1997
Page 3
•
•
approximately forty (40) multi - family rental units, including four (4) studio units,
thirty -three (33) one bedroom units, and'three (3) two bedroom units."
B.
In Section 3 (which begins on Page 5 of the Agreement) the "Project
Construction" shall be amended by the addition of the following language to
Section (a):
"All direct and indirect references to the demolition of the Aspen Country Inn
(including the direct reference in Section 1b) shall be deleted and shall be
replaced by approval to convert the Aspen Country Inn to affordable housing,
with development associated with said conversion anticipated to occur during
1997."
C.
In Section 15 (which begins on Page 14 of the Agreement), subsection (e) shall be
amended as follows (new language in bold, language to be deleted has been
):
"Upon demolitia final approval of this PUD amendment by the City Council
and filing of all appropriate documents with the County Clerk and Recorder,
of the Aspen !Fount-, Inn and Vided n .nh u is not _later- - estor -ed ire
aeeor-danee with ceetio 7 1.13 o fthe Gode, that certain Agreement dated June 1,
1981, and recorded in Book 431 at Page 221 (and exhibits thereto) between the
County and James A. Latham d /b /a Pomegranite Inn shall be terminated and
extinguished."
This same amendment shall be made to Plat note #20, filed in Plat Book 34, Page 23.
All changes to said documents shall be reviewed by the City Attorney and the City
Manager before recordation.
2. Sentence #1 of condition #1 of the Board of County Commissioners Resolution #93-
104; prohibiting further subdivision of the Maroon Creek Subdivision, shall be
considered void, thereby permitting this subdivision.
3. The applicant shall enter into a contract with the City of Aspen, and any appropriate
utility agencies, for any utility improvements necessary for adequate service. Any
contract with the City shall be approved by the City Attorney and City Council prior
to issuance of a building permit.
4. Any additional utilities, or replacement of utilities, shall meet the design standards of
Section 26.88, and shall be approved by the City Engineer and the relevant utility
Ordinance No. 16, Series 1997
Page 4
agencies before construction. All utility easements shall be delineated and described
on the final plat.
5. The replaced water service line, sewer service line and all other necessary utilities and
site improvements shall be provided prior to issuance of a certificate of occupancy.
6. The dimensional requirements shall be those of the AH1 -PUD zone district and as
follows:
a.
Minimum distance between buildings No requirement
b.
Maximum height (including viewplanes) 30' to the peak of the lobby
area(19' to the mid point) and 22' to the ridge of the residential wing.
C.
Minimum front yard 100'
d.
Minimum rear yard 15'
e.
Minimum side yard 25'
R f..
Minimum lot width As represented on the final plat
g.
Minimum lot area 169,884 square feet
h.
Trash access area 10' wide minimum
i.
Internal floor area ratio No requirement
j.
Minimum percent open space 25% ,
7. Before issuance of a building permit, the applicant shall comply with all aspects of
the Residential Design Standards, Section 26.58 of the Code.
Prior to issuance of a certificate of occupancy, the applicant shall provide a legal
instrument of common interest describing the continual care and maintenance of open
spaces, recreational areas and communally -owned facilities and private streets in
.compliance with Section 26.88.
9. The applicant shall landscape with trees the parking buffers and landscape the center
of the traffic circle. The applicant shall take into consideration the replacement of the
existing sewer line, and landscape this area with soft landscape treatments only.
10. All lighting of the subject parcel shall be downcast with a standard fixture approved
by the Community Development Director and arranged in such a way as to prevent
direct glare or hazardous interference with adjoining streets or lands.
11. Prior to issuance of a building permit, the applicant shall mitigate problematic traffic
movements associated with the proposed traffic circle, as expressed by City Staff.
The Fire Marshal shall review and approve any changes to said traffic circle.
12. Prior to issuance of a building permit, the applicant shall sign a curb, gutter, and
sidewalk improvements agreement with the City.
Ordinance No. 16, Series 1997
Page 5
13. Prior to issuance of a building permit, the applicant shall have the building tested for
asbestos. Any abatement measures necessary shall be performed by a certified asbestos
removal firm.
14. Prior to issuance of a building permit, the applicant shall meet design standards set
forth in Section 26.88.040 Subdivision, as applicable.
15. Prior to issuance of a building permit, the applicant shall obtain the appropriate access
permit from the Colorado Department of Transportation.
16. A trail easement shall be provided for the proposed trail labeled "future bike path" on
the landscape plan. This easement shall be recorded and described on the final plat.
17. Prior to issuance of a building permit, the applicant shall submit a draft plat to the
City Engineering Department for evaluation with all applicable requirements of the
Code, make the appropriate corrections, and record a final plat.
18. The applicant shall monument the property boundaries, pursuant to Section 26.88 of
the Code, and delineate and describe all monuments on the final plat.
19. All utility meters and any new utility pedestals. or transformers shall be installed, on
the applicant's property and not in the public right -of -way. For pedestals, easements
must'be provided. Building permit drawings must indicate all utility meter locations.
Meter locations must be accessible for reading and may not be obstructed by trash
storage.
20. Prior to issuance of a building permit, the applicant shall provide a drainage plan
compliant with the "Urban Runoff Management Plan ". Any detention basins, or
other such drainage mitigation measures, shall be constructed prior to issuance of a
certificate of occupancy.
21. Prior to issuance of a building permit, the applicant shall pay a $2,405.70 cash -in -lieu
payment for school land dedication.
22. The: owner shall maintain 43 parking spaces available to residents year round, without
the encroachment of snow storage, or other obstructions. The applicant shall
designate, in an aesthetically sensitive manner, the drop -off area as 20 minute
temporary parking and all other vehicular access ways as no parking areas, especially
the access road to the Pomegranite Condominiums. The owner shall landscape the
parking buffer areas with trees to further differentiate the parking area visually, and to
provide summer shade. All parking spaces, snow storage areas, trash areas, and trash
access ways shall be clearly delineated on the final plat.
Ordinance No. 16, Series 1997
Page 6
23. Before issuance of a building permit, the applicant must obtain tree removal permits
from the Parks Department for the two large aspen trees to be removed.
24. The applicant must gain the appropriate approvals from the City Water Department
before any alterations to the Stapleton Ditch.
25. The applicant shall not be responsible for any land use application fees, park
dedication fees, or water tap fees associated with this development.
26. The City Council hereby grants an exemption from the scoring and competition
procedures of the growth management quota system for forty (40) affordable housing
units and deducts these units from the annual pool of development allotments.
27. The project shall consist of forty (40) affordable housing units deed restricted to
Categories 1 and 2. Priority shall be given to qualified seniors for between 24 and 40
of these units. In the absence of a qualified senior, a qualified resident shall be
allowed to occupy the unit.
28. Any change to the Housing Authority's policy, as outlined in condition #27 above,
shall be considered an insubstantial amendment, subject to approval by the
Community Development Director. Any other amendment to this approval shall be
subject to all applicable Municipal Code Sections.
Section 5•
All material representations and commitments made-by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Growth Management Commission, Planning and Zoning Commission, and 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 other specific conditions.
Section 6•
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.
Ordinance No. 16, Series 1997
Page 7
0 0
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 8•
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder
Section 9•
A public hearing on the Ordinance shall be held on the 27th day of May, 1997 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
Ordinance No. 16, Series 1997
Page 8
El
•
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 5th day of May, 1997.
Approved as to form: Approved as to content:
City Attorney
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
Approved as to form:
City Attorney
Attest:
Kathryn S. Koch, City Clerk
Ordinance No. 16, Series 1997
Page 9
John Bennett, Mayor
day, of , 1997.
Approved as to content:
John Bennett, Mayor
DRAFT 2/14/97
AGREEMENT
THIS AGREEMENT, made and entered on this day of
199 , by and between the City of Aspen, a municipal
corporation and home rule city, hereinafter referred to as the "City ", and the Pomegranate
Condominium Association, Inc., a Colorado non - profit corporation and the undersigned owners
of units at the Pomegranate , hereinafter referred to collectively as the "Homeowners ".
WITNESSETH, that whereas the Homeowners own the property commonly referred to
as the Pomegranate Condominiums located in Pitkin County, Colorado, on State Highway 82
adjacent to the Aspen Country Inn within the Maroon Creek Club Subdivision; and
WHEREAS, the Maroon Creek Club Subdivision was approved by the Pitkin County
Board of County Commissioners and evidenced by certain resolutions identified in that certain
Subdivision Improvements Agreement for Maroon Creek Club, recorded in Book 730 at Page
606 of the real estate records of Pitkin County, Colorado; and
WHEREAS, said Subdivision Improvements Agreement for the Maroon Creek Club
( "MCC ") requires that the Aspen Country Inn ( "ACI ") be demolished and that the property be
maintained as open space /golf course; and
WHEREAS, the Maroon Creek Club Subdivision was annexed into the City of Aspen
(Ordinance No. 40, Series of 1996); and
WHEREAS, the City desires to purchase the ACI from its current owner and convert its
use to affordable housing; and
WHEREAS, such a change in use will require certain governmental approvals to amend
the said Subdivision Improvements Agreement, various subdivision approvals, and rezoning of
the property to the City of Aspen Affordable Housing (AH) zoning district; and
WHEREAS, the City desires to mitigate the impacts such amendments to the Maroon
Creek Club Subdivision might have upon neighboring properties; and
WHEREAS, the Homeowners have been provided with a copy of a land use application
appended hereto as Exhibit "A" attae e her - which sets forth in reasonable detail the City's
intent in this matter (including the proposed use of the property, a list of the number of units, the
total square footage for each unit, the number of bedrooms per unit, the number of parking
spaces per unit, etc.) and desire to cooperate with the City to enable it to change the current use
of the ACI as described herein provided that certain mitigation measures are adopted by the City;
and
14
WHEREAS, the parties desire to memorialize the agreement reached with respect to the
measures determined by the parties hereto to be reasonably necessary to mitigate the impacts of
converting the ACI to an affordable housing project.
NOW THEREFOR, City and Homeowners, for the consideration hereinafter set forth,
agree as follows:
1. This agreement is specifically contingent on the City's purchase of the ACI from
its current owners. In the event that City enters into a contract to purchase the ACI from its
current owners, the City shall take all steps reasonably necessary to obtain the requisite
governmental approvals to convert the ACI to an affordable housing project within a reasonable
period of time. City shall notify Homeowners within five (5) days of the execution of a contract
to purchase the ACI and shall provide Homeowners with a copy of the executed document,
including any exhibits referenced therein.
2. City agrees to the following mitigation measures:
a. City agrees to communicate with the State of Colorado Department of
Transportation ( "CDOT ") its preference for the location of any expansion of State Highway 82
to be located to the North of the existing Maroon Creek bridge. In addition, City agrees to
cooperate with homeowners in all efforts to convince CDOT to avoid any use of Homeowners'
land to the South of the existing State Highway 82.
b. Homeowners acknowledge that City does not desire to lose, but may be
willing to relocate, the Plum Field soccer /baseball diamond to the North of existing Highway 82
from its inventory of recreational playing fields to accommodate a North alignment for the future
expansion of State Highway 82. City does agree, however, to take all reasonable efforts,
including using land currently in use by the Aspen Municipal Golf course in the area of the
parking lot, practice putting green and driving range, to relocate the Plum Tree playing field in
the vicinity of the area to be impacted by any re- construction of State Highway 82. Whether an
acceptable substitute for the Plum Tree playing field can be reasonably accommodated on other
City owned property shall be the sole and exclusive decision of the City in its sole discretion.
C. City agrees to accept all prior Pitkin County land use approvals relating to
the Homeowners' proposed construction of garages on the Pomegranate Condominiums
property.
d. City agrees that the change in use for the ACI to an affordable housing
project shall not increase either the footprint or visual impact of the current structure. (See
Exhibit "A" attached hereto.)
e. City agrees to create a single entrance into the ACI and the Pomegranate
Condominiums from State Highway 82 which will be designed so as to split off into two separate
entrances to the ACI affordable housing project and the Pomegranate Condominiums. Attached
2-1
hereto as Exhibit "B" is a drawing of the proposed entrance. City and Homeowners agree to
execute a joint use and maintenance agreement for the entrance which shall include a provision
requiring each party to pay its proportionate share of all maintenance costs and expenses for the
entrance.
f. City agrees to sell to Homeowners at no cost to Homeowners a two
bedroom unit of their choice for the exclusive use of an Homeowner's employee and his /her
family. The parties agree that said unit shall be deed restricted as a resident - occupied unit for so
long as it is owned by the Homeowners. Homeowners shall have the right to sell said unit
provided the unit is converted to a category 4 unit upon transfer to another person. Homeowners
shall pay all applicable real estate taxes, homeowners' assessments and insurance costs associated
with said unit. The terms "resident- occupied" and "category 4" shall be the definition of said
terms as, set forth in the housing guidelines, as they may be amended from time to time, by the
Aspen/Pitkin County Housing Authority.
g. City agrees to give Homeowners notice of all public meetings scheduled to
discuss the design and ,layout of any landscaping plans relating to the ACI or Pomegranate
Condominiums.
h. City agrees that the ACI affordable housing project shall be a "for sale"
project as that term is defined in the Aspen/Pitkin County Housing Authority guidelines, as
amended from time to time, and that the units shall be owner occupied.
i. I City agrees to prohibit dogs at the ACI; excepting "seeing -eye" dogs or
other similar service dogs approved by the Aspen/Pitkin County Housing Authority.
3. Homeowners will never institute any action or suit at law or in equity against
City, nor institute, prosecute or in any way aid in the institution or prosecution of any claim,
demand, action, or cause of action for damages, costs, loss of services, expenses, or
compensation for or on account of any developed or undeveloped, resulting or to result,
known or unknown, past, present or future, arising out of the City's efforts to obtain
governmental approvals for the conversion of the ACI to an affordable housing project.
Notwithstanding anything to the contrary herein, Homeowners do not hereby waive any right
to enforce the terms of this agreement or to enforce the terms of any condominium
declarations for the ACI which the Homeowners may claim to be third -party beneficiaries.
4. Homeowners may participate in any proceeding before governmental authorities
having jurisdiction over the contemplated approval process, but shall not oppose or in any way
aid in the institution of any opposition to the contemplated requests for land use changes
deemed necessary to effectuate the conversion of the ACI to an affordable housing project.
5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties hereto, and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties regarding the subject matter of this Agreement.
3-1
0 •
No supplement, modification or amendment of the Agreement shall be binding unless executed in
writing by the parties hereto.
6. COUNTERPARTS., This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
7. BINDING EFFECT /ASSIGNMENT. This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
City may, in its sole discretion, and without the prior consent of Homeowners, assign all of the
City's right hereunder.- This Agreement shall run with the land and bind all subsequent owners of
units within the Pomegranate Condominiums. This Agreement shall be recorded in the real estate
records of Pitkin County, Colorado.
8. GOVERNING LAW. This Agreement shall be governed by and be construed in
accordance with the laws of the State of Colorado and the parties hereto hereby consent to the
exclusive jurisdiction of the Colorado state courts in the event of any controversy or suit arising
hereunder.
9. SEVERABILITY. If. any provision of this Agreement 'is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of
this Agreement shall remain in full force and effect and shall in .no way be affected, impaired or
invalidated.
10. NOTICES. All notices and other communications tendered in connection with this
Agreement shall be in writing, and shall be deemed to have been duly given when delivered in
person or by telefax, or on the fourth day after mailing, if mailed registered or certified mail,
postage prepaid and properly addressed as follows:
To City: Office of the City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
With a copy to the City Attorney at same address.
To Homeowners: Pomegranate Homeowner's Association
c/o Scott Writer
With a copy to:
44
• •
11. ASSIGNABILITY. With the exception of the sale of their individual units at the
Pomegranate Condominiums, Homeowners shall not assign or transfer Homeowners' rights or
obligations under this Agreement without the prior written consent of City except by operation of
law. In the event the rights and obligations of City shall be assigned as provided herein, such
transferee and assignee will be substituted in place of such assignor as the City in all respects
under this Agreement.
5}
0 0
CITY OF ASPEN
By:
Mayor
ATTESTED
By:
POMEGRANATE HOMEOWNERS ASSOCIATION:
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Date
Date
The foregoing instrument was acknowledged before me this
, 1996, as Mayor of the City of Aspen.
Witness my hand and official seal.
My Commission expires:
Notary Public
M
day of
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
, 1996, by as President of the Pomegranate
Homeowners' Association.
Witness my hand and official seal.
My Commission expires:
J
Notary Public
[Notary acknowledgments continue on next page]
71
I, , being an owner of one of the units at
the Pomegranate Condominiums, and having read the Agreement between the City of Aspen and
the Pomegranate Homeowners' Association and individual owners, do hereby agree to said
Agreement and to be bound by its terns.
Date
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
, 1996, by .
Witness my hand and official seal.
My Commission expires:
Notary Public
847
day of
EXHIBIT B
SITE INFORMATION
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 (just west of the Pomegranite
Condominiums)
ZONING:
Park - Planned Unit Development (P -PUD). The applicant is proposing a zone
change from P -PUD to AH 1 -PUD.
LOT SIZE:
3.9 acres = 169,884 square feet
LOT AREA (FOR PURPOSES OF FAR CALCULATIONS):
169,884 square feet
FAR:
External floor area: for lots between three (3) and six (6) acres, the allowable
external FAR is .36:1. 85% of this may be developed by right. Up to 100% of
this allowable FAR may be permitted by special review.
The allowable external square footage for this site is 3.9 x 43,560 x.36 = 61,158
square feet. .85% of this is 51,984.5 square feet. The applicant is proposing
20,025 external square feet, well within the external FAR requirements.
Minimum lot size: For multi - family dwellings on a lot subdivided from a parcel
of more than 27,000 square feet the following square foot requirements apply:
Studio: 1,000
One bedroom: 1,250
Two bedroom: 2,100
Three bedroom: 3,630
The proposed development includes four (4) studio units, thirty three (33) one
bedroom units, and three (3) two bedroom units. Using the standards above, this
mix of units requires a minimum lot size of 51,550 square feet. The applicant is
well within these requirements.
CURRENT LAND USE:
Temporary housing for construction workers associated with the construction at
the Maroon Creek Club. The building was formerly a lodge, but was scheduled to
be demolished as part of the Maroon Creek PUD agreement.
PROPOSED LAND USE:
Residential. Forty (40) Category 1 and 2 affordable housing units.
0 0
EXHIBIT C
REVIEW. PROCEDURE
Amendment to Official Zone District Map:
A development application for an amendment to the text of this title or the official
zone district map shall be reviewed and recommended for approval, approval with
conditions, or disapproval by the planning director and then by the Commission at
a public hearing, and then approved, approved with conditions, or disapproved by
the City Council at a public hearing, in accordance with the procedure established
in Common Procedures, Chapter 26.52.
Planned Unit Development:
This procedure requires review and approval of a conceptual development plan
and final development plan by the Commission and the City Council, with public
hearings occurring at the time of conceptual plan review by the City Council and
final development plan review by the Commission.
Subdivision:
This procedure requires review and approval of a development application for plat
by the Commission at a public hearing and by the City Council at a hearing.
Growth Management Exemptions by City Council:
City Council exemptions that are deducted from the annual pool of development
allotments. All affordable housing deed restricted in accordance with the housing
guidelines of the City Council and its housing designee, shall be exempt from the
growth management competition and scoring procedures by the City Council.
Approval of the Method:
Approval of the method by which the applicant proposes to provide affordable
housing shall be at the option of City Council, upon the recommendation of the
Growth Management Commission.
Waiver of Fees:
Pursuant to Section 26.44.060, the City Council may exempt a project that is
determined to be affordable from the park development impact fee. The fee for
this proposed development would be approximately $84,215.
The City Council may also take other actions not delegated to any other
decisionmaking administrative body deemed desirable and necessary to
implement the provisions of this title. The Planning and Zoning fees for this
project are expected to reach approximately $3,500
EXHIBIT D
STAFF COMMENTS
STAFF COMMENTS: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP
In reviewing an amendment to the text of this title or an amendment to the official
zone district map, the City Council and the Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The current use of this site, lodge /construction worker housing, is a non-
conforming use within the Park (P) zone district. The proposed amendment will
remedy this non - conformity by applying a more appropriate zone district to the
parcel, considering the proposed residential use, without presenting a conflict with
any other portion of this title, or with adjacent land uses.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
The proposed amendment is consistent with the AACP. One of the largest
community concerns expressed in the Comprehensive Plan is the need to preserve
"Aspen, the Community" through the housing of 60% of the work force up valley.
The character of Aspen is being eroded as the "critical mass" of permanent
residents move away so they can afford adequate housing. Important to this
character is not only the maintenance of an up valley work force but of the prior
and future work forces. This promotes the perception that Aspen is a real town
with real people. This project will provide Category 1 & 2 housing, the most
needed price range, to the affordable housing inventory. As a project that provides
housing for area citizens who contribute to "Aspen, the Community," this project
furthers goals in the AACP of revitalizing, or at least maintaining, the permanent
population and encouraging a balanced permanent community.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
The proposed zone district, AHl -PUD, is compatible with the surrounding zone
districts and land uses. The existing building was originally a lodge and will be
remodeled to accommodate the new residential units. The residential use will be
located adjacent to another residential complex, The Pomegranite Condominiums,
and the Maroon Creek Golf Course. The owners of the Pomegranite
Exhibit C - Staff Comments, page 1
Condominiums have been involved in the,design, housing policy, and application
processes.
D. The effect of the proposed amendment on traffic generation and road
safety.
Staff Finding:
The proposed amendment will not in itself create traffic or road safety problems.
Traffic generation and road safety are, however, being addressed in this review.
A combined entrance with the Pomegranite Condominiums, as well as a new
acceleration lane and a deceleration lane will address some of the area's traffic
problems. A RFTA bus stop is located adjacent to the site and is expected to meet
some of the residents' travel demands.
E. Whether and the extent to which the proposed amendment would result
in demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities,
including, but not limited to, transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency medical
facilities.
Staff Finding:
The proposed zone change will not in itself create any additional demand upon the
City's public facilities. The present building is currently served by water and
sewer. The Water Department will need to do extensive improvements on and off
site to adequately serve the building. The applicant is expected to mitigate the
impacts of any additional utilities and city services, including school land
dedication. This mitigation is addressed in "Staff Comments: Subdivision. "
F. Whether and the extent to which the proposed amendment would result
in significant adverse impacts on the natural environment.
Staff Finding:
The site is somewhat constrained by environmental concerns. There are wetlands
on the western portion of the property. The proposed development, however, is
mostly remodeling, with some reconstruction, and will not affect these wetland
areas. The paving of the parking lot will decrease the PMIO associated with the
parcel.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The community character of Aspen is largely dependent upon the people who
actually live in the community. The AH1 -PUD zone district allows people, with a
broader range of jobs and incomes, to live in Aspen and contribute to the
character of the community.
Exhibit C - Staff Comments, page 2
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H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed
amendment.
Staff Finding:
The parcel was originally scheduled to become open space. The City, however, is
actively pursuing affordable housing for the most needy group of individuals,
Categories 1 & 2, by entering into a contract to purchase this property to meet this
community goal. The surrounding neighborhood is supportive of the project, with
conditions expressed to the Planning and Zoning Commission, City Council, and
the Housing Authority.
L Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
This proposed amendment would further the public interest and would not be in
conflict with the purpose and intent of this title.
STAFF COMMENTS: PLANNED UNIT DEVELOPMENT
The Community Development Director has determined that consolidating the
conceptual and final review processes for this project is appropriate. An
application which is determined to be eligible for consolidation shall be processed
pursuant to the terms and procedures of final development plan review. The
Council may determine during review that the application should be subject to
both conceptual and final plan review, in which case consolidated review shall not
occur.
Contents of the final planned unit development application shall include the
following:
1. The general application information required in Common
Procedures, Section 26.52.030.
Staff Finding:
The applicant has submitted this general information.
2. A detailed plan of the proposed development which includes but is
not limited to proposed land uses, densities, natural features,
internal traffic circulation plans, and off- street parking and open
space areas. The site plan shall be of sufficient detail to enable
Exhibit C - Staff Comments, page 3
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evaluation of the design features and natural features of the
proposed development. It shall show the location and floor area of
all existing and proposed buildings and other improvements
including their height, dwelling units, and all non - residential
facilities.
Staff Finding:
The applicant has submitted this information.
3. A statement specifying how the development complies with the
dimensional and off - street parking requirements of the underlying
zone district on the parcel proposed for development, and. a
specific listing of any variations requested from these
requirements.
Staff Finding:
The number of parking spaces required for this proposed development has been
established at 43 spaces through special review.
4. A statement specifying the public facilities that will be needed to
accommodate the proposed development, and what specific
assurances will be made to ensure the public facilities will be
available to accommodate the proposed development.
Staff Finding:
The applicant has not provided this statement. The proposed development is
using an existing structure already serviced. The Water Department and Aspen
Consolidated Sanitation District, however, will need to do extensive
improvements to adequately service the building. The Council should, as a
condition of approval, require the applicant to enter into an contract with the City,
and any appropriate utility agencies, for all utility improvements necessary for
adequate service before issuance of a building permit.
5. A statement outlining a development schedule specifying the date
construction is proposed to be initiated and completed, and any
proposed public facilities the developer is proposing to construct,
and the phasing and construction of the proposed public facilities.
Staff Finding:
The applicant has not provided this statement. It is Staff's understanding that,
assuming land use approvals are granted, construction will begin soon after the
thirty day grace period and would not last more than one construction season.
The Council should require the applicant to represent any modifications to this
understanding during the public hearing.
Exhibit C - Staff Comments, page 4
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6. A statement of the reasonable conformance of the final
development plan with the approval granted to the conceptual
development plan.
Staff Finding:
This application requirement does not apply because the applicant is combining
the conceptual and final processes.
7. An architectural sketch indicating floor plans and all exterior
elevations of any buildings or other structures proposed for
development.
Staff Finding:
The most recent architectural plans have been resubmitted. Most of the building's
exterior will remain the same. Part of the building separating the two larger
masses will be removed to provide two separate buildings with an entry courtyard
between. The applicant will also need Staff approval of the Residential Design
Standards review before issuance of a building permit. A complete set of plans
and elevations will be required for this review.
8. A landscape plan indicating the treatment of exterior spaces in the
proposed development. The landscape, plan should show:
a. The extent and location of all plant materials and other
landscape features.
b. Flower and shrub bed definition.
C. Proposed plant material at mature sizes and in appropriate
relation.to scale.
d. Species and size of existing plant material.
e. Proposed treatment of all ground surfaces (e.g., paving,
turf, and gravel).
f. A plant material schedule with common and botanical
names, sizes, quantities, and method of transplant.
Staff Finding:
A landscape plan meeting the above standards has been submitted. Staff has
reviewed this plan and feels that the landscape treatments are appropriate for the
site.
9. A topographic map prepared by a registered land surveyor,
registered landscape architect or registered engineer identifying the
areas on the parcel proposed for development where slopes are:
a. Between zero (0) and twenty (20) percent.
b. Between twenty -one (21) and thirty (30) percent.
C. Between thirty -one (3 1) and forty (40) percent.
d. In excess of forty (40) percent.
Exhibit C - Staff Comments, page 5
Staff Finding:
The submitted site plan includes topographic information. There are some areas
of steep slopes identified along the southern sides of the parcel, which will not be
developed.
10. An open space plan, and if applicable, a-legal instrument or
instruments setting forth a plan providing for the permanent care
and maintenance of open spaces, recreational areas and
communally -owned facilities and private streets. If the common
open space is proposed to be deeded to a homeowners association,
the proposed documents governing the association shall also be
submitted . Such documents shall meet the following
requirements: (a) The homeowners association must be
established before any residences are sold. (b) Membership in the
association must be mandatory for each residence owner. (c) Open
space restrictions must be permanent and not for a period of years.
(d) The homeowners' association must be made responsible for
liability insurance, taxes, and maintenance of recreational and other
facilities. (e) The association must have the power to levy
assessments which can become a lien on individual premise for the
purpose of paying the cost of operating and maintaining common
facilities. (f) The governing board of any such association shall
consist of.at least five (5) members who shall be owners of
property in the Planned Unit Development (PUD).
Staff Finding:
There has not been a plan submitted for the continual maintenance of the common
areas and open space. It is also unclear whether the common open space areas are
to be deeded to a homeowners association. The Council should, as a condition of
approval, require the applicant to provide a plan for the continual care and
maintenance of open spaces, recreational areas and communally -owned facilities
and private streets in compliance with this Section.
11. A plat which depicts the applicable information required by
Section 26.88.040(D)(1)(a)(3) and (D)(2)(a).
Staff Finding:
A plat has not been submitted. The Council should, as a condition of approval,
require the applicant to record all appropriate documents prior to issuance of a
building permit.
Exhibit C - Staff Comments, page 6
A development application for a PUD must comply with the following standards
and requirements:
1. General Requirements:
A. The proposed development shall be consistent with the Aspen Area
Community Plan.
Staff Finding:
The proposed development is consistent with the AACP. Please refer to "Staff
Comments: Amendment to the Official Zone District Map (B), " page 1 of
of this exhibit.
B. The proposed development shall be consistent with the character of the
existing land uses in the surrounding area.
Staff Finding:
The proposed amendment is compatible with the surrounding zone districts and
land uses. Please refer to "Staff Comments: Amendment to the Official Zone
.District Map (C), " page 1 of this exhibit.
C. The proposed development shall not adversely affect the future
development of the surrounding area.
Staff Finding:
The surrounding parcels are zoned as (P) Park. The proposed development will
not adversely affect the future development of these parcels.
D. Final approval shall only be granted to the development to the extent to
which GMQS allotments are obtained by the applicant.
Staff Finding:
Affordable housing projects are eligible for an exemption from the competition
and scoring procedures of the growth management quota system by the City
Council after review and consideration by the Growth Management Council.
Allotments for these projects are deducted from the annual pool. The Growth
Management Council, on April 8, 1997, considered and reviewed this application
and then recommended to the City Council an exemption from competition and
scoring procedure for forty (40) units and recommended approval of the method
in which these units are to be provided.
2. Density:
A. The maximum density shall be no greater than that permitted in the
underlying zone district. Furthermore, densities may be reduced if.-
Exhibit C - Staff Comments, page 7
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There is not sufficient water pressure and other utilities to serve
the proposed development,
2. There are not adequate roads to ensure fire protection, snow
removal.and road maintenance to the proposed development;
3. The land is not suitable for the proposed development because
of slope, ground instability, and the possibility of mud flow,
rockfalls and avalanche dangers;
4. The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion and
consequent water pollution;
S. The proposed development will have deleterious effect on air
quality in the surrounding area and the city; or
6. 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:
This proposal is not in conflict with any of the above standards 1 -6. The proposed
density is well within the parameters of the AH1 -PUD zone district.
B. Reduction in density for slope consideration.
In order to reduce wildfire, mudslide, and avalanche hazards;
enhance soil stability; and guarantee adequate fire protection
access, the density of a PUD shall also be reduced in areas with
slopes in excess of twenty (20) percent in the following manor:
a.. For lands between zero (0) and twenty (20) percent
slope, the maximum density allowed shall be that.
permitted in the underlying zone district.
b. For lands between twenty-one (21) and thirty (30)
percent slope, the maximum density allowed shall be
reduced to fifty (50) percent of that permitted in the
underlying zone district.
For lands between thirty-one (31) and forty (40) percent
slope, the density shall be reduced to twenty -five (25)
percent of that allowed in the underlying zone district.
d. For lands in excess of forty (40) percent slope, no
density credit shall be allowed.
Exhibit C - Staff Comments, page 8
2. Maximum density for the entire parcel on which the
development is proposed shall be calculated by each slope
classification, and then by dividing the square footage necessary
in the underlying zone district per dwelling unit.
3. For parcels resting in more than one (1) zone district, the
density reduction calculation shall be performed separately on
the lands within each zone district.
4. Density shall be further reduced as specified in Chapter 26 04,
Definition of Lot Area.
Staff Finding:
There are no natural grades on this site that limit the allowable density. There are
some steep areas along the southern boundary of the site that were created as part
of the golf course. The proposed density on the site is well within the allowable
density in the AH 1 -PUD zone district. There are no further site conditions that
would reduce this density.
3. Land Uses. The land uses permitted shall be those of the underlying zone
district. Detached residential units may be authorized to be clustered in a
zero lot line or row house configuration, but multi- family dwelling units
shall only be allowed when permitted in the underlying zone district.
Staff Finding:
Assuming approval of the amendment.to the official zone district map, the
proposed land use will be permitted on this parcel.
4. Dimensional Requirements. The dimensional requirements shall be those
of the underlying zone district, provided that variations may be permitted
in the following:
a. Minimum distance between buildings; .
b. Maximum height (including viewplanes),
C. Minimum front yard
d. Minimum rear yard
e. Minimum side yard.
f. Minimum lot width;
g. Minimum lot area;
h. Trash access area;
i. Internal floor area ratio; and
I Minimum percent open space.
If a variation is permitted in minimum lot area, the area of any lot may
be greater or less than the minimum requirement of the underlying zone
district, provided that the total area of all lots, when averaged, at least
Exhibit C - Staff Comments, page 9
equals the permitted minimum for the zone district. Any variation
permitted shall be clearly indicated on the final plat development plan.
Staff Finding:
Dimensional requirements in the AH1 -PUD zone district are established via the
PUD process and have not been previously established. The applicant is
proposing these requirements be established as follows:
a. Minimum distance between buildings No requirement
b. Maximum height (including viewplanes)
30' to the peak of the
lobby area(19' to the mid point)
and 22' to the ridge of the residential
wing.
C. Minimum front yard
100'
d. Minimum rear yard
15'
e. Minimum side yard
25'
f. Minimum lot width
As shown on site plan
g. Minimum lot area
As shown on site plan
h. Trash access area
No requirement
L Internal floor area ratio
No requirement
j. Minimum percent open space
As shown on site plan .
The applicant is in compliance with all dimensional requirements that are not at
the Council's discretion. Staff is recommending the following amendments to the
applicant's proposal:
L Minimum lot width As represented on final plat
g. Minimum lot area 169,884 square feet
h. Trash access area 10' wide minimum
j. Minimum percent open space 25%
The Council should, as a condition of approval, establish the dimensional
requirements for this parcel as described above, with the recommended
amendments.
5. Off - street parking. The number of off - street parking spaces may be varied
from that required in the underlying zone district based on the following
considerations:
a. The probable number of cars used by those using the proposed .
development.
b. The parking need of any nonresidential units.
C. The varying time periods of use, whenever joint use of common
parking is proposed.
d. The availability of public transit and other transportation
facilities, including those for pedestrian access and /or the
Exhibit C - Staff Comments, page 10
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commitment to utilize automobile disincentive techniques in the
proposed development. .
e. The proximity of the proposed development to the commercial
core or public recreational facilities in the city.
Whenever the number of off - street parking spaces is reduced, the City
shall obtain assurance that the nature of the occupancy will not change.
Staff Finding:
Forty -three (43) parking spaces have been represented on the development
proposal. The AH1 -PUD zone district requires that the number of parking spaces
be established by special review. The Planning and Zoning Commission
established forty -three (43) required parking spaces through the special review
process.
6. Open Space. The Open Space requirement shall be that of the underlying
zone district. However, a variation in minimum open space may be
permitted if such variation would not be detrimental to the character of the
proposed PUD, and if the proposed development shall include open space
for the mutual benefit of all development in the proposed PUD through a
common park or recreation area. An area may be approved as a common
park or recreation area if it:
a. Is to be used and is suitable for scenic, landscaping, or
recreation purposes; and
b. Is land which is accessible and available to all dwelling units or
lots for whom the common area is intended.
A proportionate, undivided interest in all common park and recreation
areas shall be deeded in perpetuity to each lot or dwelling unit owner
within the planned unit development (PUD), together with a deed
restriction against future residential, commercial, or industrial
development.
Any plan for open space shall also be accompanied by a legal instrument
which ensures the permanent care and maintenance of open spaces,
recreation areas, and communally -owned facilities.
Staff Finding:
There are no specific requirements for Open Space in the AH1 -PUD zone district,
as this requirement is established via the PUD process (see #4, above). The
Council should, as a condition of approval, require that all common areas,
including open space, be maintained through a legal instrument of common
interest. Evidence of this maintenance through a common interest should be
required before issuance of a certificate of occupancy.
Exhibit C - Staff Comments, page 11
7. Landscape Plan. There shall be approved as part of the final development
plan a landscape plan, which exhibits a well designated treatment of
exterior spaces. It shall provide an ample quantity and variety of
ornamental plant species that are regarded as suitable for the Aspen area
climate.
Staff Finding:
The applicant has submitted this required landscape plan. Exterior landscape
treatments, as represented, are appropriate for the site. The Council should, as a
condition of approval, require the applicant to landscape with trees the parking
buffers and to landscape the center of the traffic circle. The applicant should take
into consideration the replacement of the existing sewer line, and landscape these
areas with soft landscape treatments only.
8. , Architectural Site Plan. There shall be approved as part of the final
development plan an architectural site plan, which ensures architectural
consistency with the proposed development, architectural character,
building design, and the preservation of the visual character of the City. It
is not the purpose of this review that control of architectural character be
so rigidly enforced that individual initiative is stifled in the design of a
particular building, or substantial additional expense is required.
Architectural character is based upon the suitability of a building for its
purposes, upon appropriate use of materials, and upon the principles of
harmony and proportion of the buildings with each other and surrounding
land uses. Building design should minimize disturbances to the natural
terrain and maximize the preservation of existing vegetation, as well as
enhance drainage and reduce soil erosion.
Staff Finding:
The applicant has submitted this required Architectural site plan. Because the
proposed development is utilizing an existing building, there will be very little
disturbance to the natural terrain and existing vegetation.
9. Lighting. All lighting shall be arranged so as to prevent direct glare or
hazardous interference of any kind to adjoining streets or lands.
Staff Finding:
The applicant has not presented a lighting plan. The Council should, as a
condition of approval, require the applicant to arrange all lighting of the subject
parcel in such a way as to prevent direct glare or hazardous interference with
adjoining streets or lands.
Exhibit C - Staff Comments, page 12
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10. Clustering. Clustering of dwelling units is encouraged.
Staff Finding:
The existing building is clustered and no new structures are proposed.
11. Public facilities. The proposed development shall be designed so that
adequate public facilities will be available to accommodate the proposed
development at the time development is constructed, and that there will be
no net public cost for the provision of these public facilities. Further,
buildings shall not be arranged such that any structure is inaccessible to
emergency vehicles.
Staff Finding:
The existing water service line needs extensive improvements both on and off site
and the sewer service line must be replaced. These improvements will require
some public funds (see Water Department correspondence). The Council should,
as a condition of approval, require the applicant to enter into a contract with the
City, and any other appropriate service provider, for the improvements necessary
before issuance of a building permit. Any contract with the City must be
approved -by the City Attorney and the City Council.
12. Traffic and pedestrian circulation.
a. Every dwelling unit, or other land use permitted in the planned unit
development (PUD) shall have 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.
b. Principal vehicular access points shall be designed to permit smooth
traffic flow with controlled turning.movements and minimum hazards to
vehicular or pedestrian traffic. Minor streets within the Planned Unit
Development (PUD) shall not be connected to streets outside the
development so as to encourage their use by through traffic.
C. The proposed development shall be designed so that it will not create
traffic congestion on the arterial and collector roads surrounding the
proposed development, or such surrounding collector and arterial roads
shall be improved so that they will not be adversely affected.
d. Every residential building shall not be farther than sixty (60) feet from
an access roadway or drive providing access to a public street.
e. All nonresidential land use within the planned unit development (PUD)
shall have direct access to a collector or arterial street without creating
traffic hazards or congestion on any street.
Exhibit C - Staff Comments, page 13
f. Streets in the planned unit development (PUD) maybe dedicated to
public use or retained under private ownership. Said streets and
associated improvements shall comply with all pertinent city regulations
and ordinances.
Staff Finding:
The applicant is in compliance with a, c, d, e, & f. The vehicular access point has
been redesigned to better accommodate the smooth flow of traffic on Highway 82
through the provision of an acceleration lane and a deceleration lane. The
Community Development Director has reviewed the proposed development and
does not forsee any difficulties with the proposed access design considering the
CDOT schematic plans for the area. It should be noted, however, that this
entrance must be finally approved by CDOT and the proposed entryway may have
to be changed. Access to the Pomegranite Condominiums has been
accommodated on site to help preserve the highway's traffic flow. The access
drive has been redesigned to accommodate auto stacking and decision time. The
Council should, as a condition of approval, require the owner to designate the
interior access ways, especially the access to the Pomegranite Condominiums, as
no parking areas. This designation should be done in an aesthetically sensitive
way.
The Planning and Zoning Commission expressed concerns about the "drop -off'
area's design. Specifically that the "bump- outs" would make it difficult to park in
the designated area and that pulling -out would also be difficult. The applicant has
proposed mitigating this by eliminating the "bump- outs" and possibly
differentiating the "drop -off' area with a different paving material to emphasize
the pedestrian. The Council should, as a condition of approval, require the
applicant to mitigate these problematic traffic movements, with approval from.the
Fire Marshall, before issuance of a building permit.
STAFF COMMENTS: SUBDIVISION
A development application for subdivision review shall comply with the
following standards and requirements:
1. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding:
The proposed subdivision is consistent with the AACP. Please refer to "Staff
Comments: Amendment to the Official Zone District Map (B), " page 4.
Exhibit C - Staff Comments, page 14
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area
Staff Findinf.
The proposed amendment is compatible with the surrounding zone districts and
land uses. Please refer to "Staff Comments: Amendment to the Official Zone
District Map (C), " page 1 of this exhibit.
C. The proposed subdivision shall not adversely affect the future
development of surrounding. areas.
Staff Finding
This subdivision will not adversely affect future development of surrounding
parcels.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this title.
Staff Finding:
Assuming approval of the conceptual and final planned unit development, special
review, rezoning, and the appropriate GMQS allotments, the proposed subdivision
will be in compliance with all applicable requirements of this title.
2. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil
creep, mudflow, rockslide, avalanche or snowslide, steep topography, or
any other natural hazard or other condition that will be harmful to the
health, safety, or welfare of the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed
to create spatial patterns that cause inefficiencies, duplication or
premature extension of public facilities and unnecessary public costs.
Staff Finding:
These criteria apply to the development of raw land. Development on this parcel
will be contained within the existing building envelope and will not present any
condition harmful to the health, safety, or general welfare of the residents.
3. Improvements.
a. Required improvements. The following shall be provided for the
proposed subdivision.
1. Permanent survey monuments, range points, and lot pins.
Exhibit C - Staff Comments, page 15
2. Paved streets, not exceeding the requirements for paving and
improvements of a collector street.
3. Curbs, gutters, and sidewalks.
4. Paved alleys.
5. Traffic- control signs, signals, or devices.
6 Street lights.
7. Street name signs.
8. Street trees or landscaping.
9. Water lines and fire hydrants.
10. Sanitary sewer lines.
11. Storm drainage improvements and storm sewers.
12. Bridges and culverts.
13. Electrical lines.
14. Telephone lines.
15. Natural gas lines.
16 Cable television lines.
Staff Finding:
The Council should, as a condition of approval, require the applicant to provide
the necessary site improvements before issuance of a certificate of occupancy.
Applicant shall sign a curb, gutter, and sidewalk improvements agreement with
the City. All survey point shall be described on the final plat.
b.. Approved plans. Construction shall not commence until on any of the
improvements required by this Section 26 88.040(C) (3) (a) until a plan,
profile, and specifications have been received and approved by the City
Engineer and, when appropriate, the relevant utility company.
Staff Finding:
The Council should, as a condition of approval, require the applicant to receive
approval from the City Engineer and, when appropriate, the relevant utility
company, before construction of any of the improvements described in a., above.
C. Oversize Utilities. In the event oversized utilities are required as apart
of the improvements, arrangements for reimbursement shall be made
whereby the subdivider shall be allowed to recover the cost of the
utilities that have been provided beyond the needs of the subdivision.
Staff Finding:
Oversize utilities are not required.
4. Design Standards. The design standards set forth in Section 26.88.040
shall be required for all subdivisions.
a. Street and related improvements.
b. Easements.
C. Lots and blocks.
d. Survey Monuments.
Exhibit C - Staff Comments, page 16
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e. Utilities.
f. Storm Drainage
g. Flood hazard areas.
h. The design and location of any proposed structure, building envelope,
road, driveway, trail, or other similar development is compatible with
significant natural or scenic features of the site
i. Variations of design standards.
Staff Finding:
a. The proposal is utilizing an existing building and much of the existing paving.
Any additional or re- aligned streets must meet these design standards. The
Council should, as a condition of approval, require the applicant to meet the
design standards set forth in Section 26.88.040, as applicable.
b. A proposed plat has not been submitted. The Council should, as a condition of
approval, require the applicant to submit a draft plat to the City Engineering
Department for evaluation with all applicable requirements of this Section of the
Code, make the appropriate corrections, and record a final plat before issuance of
a building permit.
c. The applicant is not in compliance with criterion # c.5. The Council should, as
a condition of approval, require the applicant to obtain the appropriate approval
from the Colorado Department of Transportation before issuance of a building
permit.
d. The Council should, as a condition of approval, require the applicant to
monument the property boundaries pursuant to this Section of the Code, and
describe all monuments on the final plat.
e. As already stated in this memo, the proposed development will be using an
existing building but utility improvements will be necessary. The Council should,
as a condition of approval, require any additional utilities, or replaced utilities, to
meet the design standards of this Section of the Code. All utilities and easements
shall be delineated and described on the final plat.
L The applicant is proposing development within the footprint of an existing
building. Criterion # £2, however, addresses the runoff from the site during a one
hundred year event from the undeveloped land. The Council should, as a
condition of approval, require the applicant to provide a drainage plan compliant
with the "Urban Runoff Management Plan" prior to issuance of a building permit.
Any detention basins, or other such drainage mitigation measures, shall be
constructed prior to issuance of a certificate of occupancy.
g. The subject parcel is not within a special flood hazard area.
Exhibit C - Staff Comments, page 17
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h. The proposed building modifications and site improvements are compatible
with the surrounding natural features of the site.
i. The applicant is not seeking a variance.
5. 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 26.48, 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 26.100, Growth Management Quota System.
Staff Finding:
The proposal is 100% affordable housing. The Growth Management Commission
made a recommendation to the City Council compliant with Section 26.100 of the
Code.
6. School land dedication standards.
b. Applicability. School land dedications standards shall be assessed upon
all new subdivisions within the City of Aspen which contain residential
units.
C. Dedication Schedule.
1. Land Dedication. School land dedications shall be assessed
according to the following schedule:
Unit Type
Land Dedication Standard
Dormitory
0000 acres (0 sq. ft.)
Studio /One bedroom
.0012 acres (52 sq. ft.)
Two bedroom
.0095 acres (416 sq. ft.)
Three bedroom
.0162 acres (707 sq. ft.)
Four bedroom
.0248 acres (1081 sq. ft.)
Five bedroom
.0284 acres (1236 sq. ft.)
Staff Finding:
The proposal includes thirty seven (37) studio /one bedroom units and three (3)
two bedroom units. According to this schedule, the applicant's school land
dedication shall be as follows: (37 x .0012) + (3 x .0095) = .0729 acres (3,175.5
sq. ft.)
2. Cash -in -lieu payment. An applicant may make a cash payment
in -lieu of dedicating land to the City, or make a cash payment in
combination with a land dedication, to comply with the
standards of this section. Because of the cost of subdivided land
in the City of Aspen, the School District and Aspen have decided
to require payment of a cash -in -lieu amount which is less than
Exhibit C - Staff Comments, page 18
the full market value of the land area The formula to determine
the amount of cash -in -lieu payment for each residential dwelling
unit is as follows:
Market value of land x applicable land dedication standard x
0.33 = cash payment.
Payment of cash -in -lieu of a land dedication shall be made to
the City prior to and on a proportional basis to the issuance of
any building permits for the residential dwellings.
Staff Finding:
The proposal includes thirty seven (37) studio /one bedroom units and three (3)
two bedroom units. The land value (as dedicated open space) has been estimated
at $100,000. According to this schedule, the applicant's school land dedication
cash -in -lieu payment shall be as follows:
$100,000 x.33 x [(37 x.0012) + (3 x.0095)] _ $2,405.70
The Council should, as a condition of approval, require the applicant to pay this
$2,405.70 cash -in -lieu payment prior to issuance of a building permit.
STAFF COMMENTS: GROWTH MANGEMENT EXEMPTION FOR AFFORDABLE HOUSING
City Council exemptions that are deducted from the annual pool of development
allotments and from the metro area development ceilings.
b. Affordable housing. All affordable housing deed restricted in accordance with
the housing guidelines of the City Council and its housing designee, shall be
exempt from the growth management competition and scoring procedures by the
City Council.
[T]he application shall be forwarded to the Growth Management Commission for
review and consideration [and then to] the City Council for consideration. After
considering the request, the City Council shall approve, approve with conditions,
or deny the application for exemption.
There are no specific review criteria for the City Council to consider. These units
are deducted from the pool of annual development allotments. The number of
allotments currently available in-this category is:
Standard Maximum Allotment Pool = B + A
Where:
B = base allotment
A = accumulated allotment deficit /surplus (from preceding years; as
compared to base allotment
Exhibit C -Staff Comments, page 19
0 0
Standard Maximum Allotment Pool = 43 -base allotment for current year, 96 -97
- 35 - development allotted in current year
+ 42 - allotments not used in 1995
+ 34 - allotments not used in 95 -96
84 Affordable Housing Allotments
The applicant is requesting 40 units of the 84 available.
STAFF COMMENTS: APPROVAL OF THE METHOD
Approval of the method by which the applicant proposes to provide affordavble housing
shall be at the option of City Council, upon the recommendation of the Growth
Management Commission.
The proposed method is 100% affordable housing provided on -site, deed restricted to
Categories 1 & 2. Priority shall be given to qualified seniors for between 24 and 40 of
the units. In absence of a qualified senior, qualified residents shall be allowed to occupy
these units.
In evaluating the applicant's proposal, tha advice of the Aspen/Pitkin County Housing
Office shall be sought in considering the following factors:
1. Whether the city has an adopted plan to develop affordable housing with monies
received from payment of affordable housing dedication fees.
Staff Finding:
The City, through the Housing Authority, has developed an affordable housing plan for
both public and private monies. This project is also taking advantage of Federal monies.
The units produced on this site will potentially be less expensive to develop than other
units that the Housing Authority has produced in the past, due to these potential Federal
subsidies.
2. Whether the city has an adopted plan identifying the applicant's site as being
appropriate for affordable housing.
Staff Finding:
The site is not identified in the AACP as a potential affordable housing site. This is most
likely due to the fact that the building was being used as a lodge when the AACP was
published. Because the site is now available, among other reasons, the Housing
Authority believes this site to be appropriate for affordable housing.
Exhibit C - Staff Comments, page 20
3. Whether the applicant's site is well suited for the development of affordable
housing, taking into account the availability of services, proximity to
employment opportunities and whether the site is affected by environmental
constraints to development or historic preservation concerns.
Staff Finding:
The site is not constrained by historic preservation concerns.
The site is somewhat constrained by environmental concerns. There are wetlands on the
western portion of the property. The proposed development, however, is mostly
remodeling and some reconstruction and will not affect these wetland areas.
The site's location is somewhat removed from employment opportunities. Some
employment opportunities are within walking distance, namely the golf course and
possibly the base of Buttermilk Ski Area. Other employment opportunities are certainly.
within a short bus ride, or via a van service if one is initiated. Also to be considered are
the transportation needs of the residents. If the building is to serve senior citizens, they
may or may not require access to employment, but will likely require access to other
activities, recreation, volunteer work, etc., and community facilities which are largely in
the downtown area.
Overall, staff feels that this location is an appropriate proposal for affordable housing.
Category 1 and 2 housing is by far the most demanded housing in Aspen. Providing forty
(40) units in these two categories, although reserved in part for a specific group, is
certainly a step in the right direction. Also, many of the residents of this project will be
moving from existing affordable housing units in town. This turn -over will provide
affordable units to the general population looking for affordable units.
The seniors involved in the planning and approval process have expressed the suitability
of this site for its location, removed from the downtown but still accessible, for its design
as apartments and not as special housing, and for its creation of a sense of commonality
between seniors. Nearby residents that have been involved in the planning and approval
process have also expressed their acceptance of this project.
The character of Aspen is being eroded as the "critical mass" of permanent residents
move away so they can afford adequate housing. Important to this character is not only
the maintenance of an up valley work force but of the prior and future work forces, which
promotes the perception that Aspen is a real town with real people. As a project that
provides housing for area citizens who have contributed over the years to "Aspen, the
Community," this project furthers goals, in the AACP of revitalizing, or at least
maintaining, the permanent population and encouraging a balanced permanent
community.
Exhibit C - Staff Comments, page 21
4. Whether the method proposed will result in employee housing being produced
prior to or at the same time the impacts of the development will be experienced
by the community.
Staff Finding:
By default, the proposed employee housing will be produced at the same time as the
impacts of the development.
S. Whether the development itself requires the provision of affordable housing on-
site to meet its service needs.
Staff Finding:
Because the proposed project is 100% affordable housing, no other on -site housing is
required. There may be, however, an on -site manager associated with the housing
development renting one of the units.
STAFF COMMENTS: WAIVER OF FEES
Pursuant to Section 26.44.060, the City Council may exempt a project that is
determined to be affordable from the park development impact fee. The fee for
this proposed development would be approximately $84,215.
The City Council may also take other actions not delegated to any other
decisiomnaking administrative body deemed desirable and necessary to
implement the provisions of this title. The Planning and Zoning fees for this
project are expected to reach approximately $3,500.
Staff recommends that City Council waive the above mentioned fees to improve
the financial viability of the project. Affordable housing projects are
automatically exempt from water tap fees.
Exhibit C - Staff Comments, page 22
•
•
EXHIBIT E
AMENDMENTS TO ORIGINAL PROPOSAL
The original development proposal'has been amended. There are now 40 units being
proposed for rental to qualified employees in Categories 1 and 2. Priority shall be
granted by the Housing Authority to qualified seniors for between 24 and 40 of these
units. In absence of a qualified senior, qualified residents shall be allowed to occupy
these units.
The landscape plan has undergone several iterations since the original proposal was
submitted. The original landscape plan showed 43 parking spaces. The new plan shows
only 42. Staff feels this was an oversight and that the parking space next to #1 is actually
the 4' )rd space. Also, the area between parking spaces 7 and 8. was shown as a parking
buffer in the prior landscape plan. Staff feels this was again an oversight, and this area
should be considered a parking buffer.
Attached are the revised floor plans, a breakdown of the units to be provided, and a new
landscape plan.
April 1, 1997
COUNTRY I.Yw
BREAX DO tii v
WEST BL,ILDING:
(16) One Bedrooms at approximately 625 square feet
(11) One Bedrooms ... (6) at approximately 6 ; 5 square feet at
625 square feet
(2) Studios at approximately 330 square feet
the di_iaram given to Dave Tolen has the incorrect number of
studios on it, some will be combined to form one bedrooms a
more detailed drawing will be provided shortly.
(3) Two Bedrooms at approximately 775 square feet
(6) One Bedrooms at approximately 630 square feet
(2) Studios at approximately 330 square feet
per John Durso in a phone cunversatiun un April 1. 199'
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MEMORANDUM
To: Chris Bendon, Planner
From: .Nancy MacKenzie, Environmental Health officer
Date: March 24, 1997
Re: Aspen Country Inn Rezoning PUD, GMGS Exempt. & Special
Parcel ID j 2735-112- 02-001
The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code of the Citv of Aspen, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Secticn 11 -1.7 "It shall be unlawful for the owner or
occupant of any building used for residence or business purposes within the city to construct or
reconstruct an on -site sewage disposal devise."
The plans to provide wastewater disposal for this project through the central collection lines of the
Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability
of the Aspen Consolidated Sanitation District to handle any increased flow, if there will be an
increase, for the project should be determined by the ACSD. The applicant has failed to provide
documentation that the applicant and the service agency are mutually bound to the proposal and
that the service agency is capable of serving the development.
A condition of approval for this project should be that . the applicant shall provide
documentation "..that the applicant and the service agency are mutually bound to the
proposal and that the service agency is capable of-serving the development.." as defined in
the Municipal Code of the City of Aspen.
ADEQUATE PROVISIONS FOR WATER. NEEDS: Section 23 -55 "All buildings, structures, facilities, parks;
or the like within the city limits which use water shall be connected to the municipal water utility
system."
The provision of potable water from the City of Aspen system is consistent with Environmental
Health policies ensuring the supply of safe water. The City of Aspen Water Department shall
determine if adequate water is available for the project. The City of Aspen water supply meets all
standards of the Colorado Department of Health for drinking water quality. The'applicant has failed
to provide documentation that the applicant and the service agency are mutually. bound to the.
proposa[and that the service agency is capable of serving the development.
A condition of approval for this project should be that the applicant shall provide
documentation "..that the applicant and the service agency are mutually. bound to the
proposal and that the service agency is capable of serving the: development.." as defined in
the-Municipal Code of the City of Aspen.
1
WATER QUALITY IMPACTS: trion,
11 -1.3 "For the purpose - o0maintaining and protecting its
municipal water supply from injury and pollution, the city shall exercise regulatory and
supervisory jurisdiction within the incorporated limits of the City, of Aspen and over all streams
and sources contributing to municipal water supplies for a distance of five (5) miles above the
points from which municipal water supplies are diverted." Water quality impacts are possible.
from both surface runoff drainage and from runoff from the stable area.
DRAINAGE
A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated
by the City Engineer..
AIR QUALITY: Sections 11-2.1 "1t is the purpose of [the air quality section of the Municipal Code] to
achieve the maximum practical degree of air purity possible by requiring the use of all available
practical methods and. techniques to.control, prevent and reduce air pollution throughout the
city..." The Land Use Regulations seek to "lessen congestion and "avoid transportation demands
that cannot be met" as well as to "provide clean air by protecting the natural air sheds and
reducing pollutants ":
The major concern of our department is the impact of increasing traffic in a non - attainment area
designated by the EPA. Under the requirements of the State Implementation Plan for the Aspen
area, PM =10 (which Comes almost all from traffic driving on paved roads) must be reduced by 25% by
1997. In order to achieve .that reduction, traffic increases that ordinarily would occur as a result of
development must be mitigated, or else the gains brought about by community control measures
will be lost. In addition, in order to comply. with the municipal code requirement to achieve the
maximum practical degree of air purity by using all available practical methods to reduce pollution,
traffic increases-of development must be offset. In order to do this, the applicant will need to
determine the traffic increases generated by the project, commit to a set of control. measures, and
show that the traffic decreased by the control measures is at least as great as the traffic increases of
the project without mitigation.
Part of the Maroon Creek Club PUD took credit for demolishing the Aspen Country Inn and
terminating all use. Therefore, we need to look at this as new development on bare land, so the
impact on air quality of the proposed 36 for 40 ?) units will have to be mitigated.
The application does not address the impacts this new project will have on PM10. The applicant.will
need to first determine the traffic and PM10 increase from the project, and . then implement
enough mitigation measures to prevent air pollution from this project-
The applicant is referred to Institute of Transportation Engineers (ITE) Trip Generation Report, Fifth
Edition for trip generation rates to be used for various types of development projects.
Then proposed mitigation measures will have to be evaluated to ensure they will fully offset any
increase in traffic and PMIO
The units are supposed to be 1000/6 affordable housing units. However, we have heard that nothing
is actually finalled as far as number of units, who will be eligible for these units., or if they will be
owner occupied or rental units. Lately we have heard that all units will be rental units and that they
0a
will only be rented to senl* citizens, and. that there will be 40 �, not 36. But this,is not stated in
the application.
So these details will have to be settled before the impact on air quality by this development can be
determined. The ITE Trip Generation Report estimates the, number of vehicle trips likely to be
generated by a particular land use. The "Pitkin County Road Management & Maintenance Plan" uses
the ITE Land Use Code 210 for all affordable housing units including condominiums and apartments.
This rate is 9.55 trips per dwelling unit per day. The ITE estimate for "Elderly Housing" is 2.6 trips per
unit on a weekend. This is based on only four studies in the 1980's and some of these elderly housing
projects are self- contained with on -site medical facilities and retail shops. The estimate for "Nursing
Homes" was 2.60 trips per unit per day. This type of facility is not close to what is being proposed. "
Low Rise" ( one or two floors), rental units average about 6.6 trips per unit, and this might be closer
to this proposed project.
we contacted other agencies in. Denver and they had no specific trip generation numbers available
for 'senior, rental units'. it is difficult to judge the number of trips per. day that these units- will
generate. especially if they are all or partially 'senior, rental'. In our judgment, since the proposed
units are .mainly studio and one - bedroom units, it might be appropriate for this specific project to
propose using the 6.6 trips per unit figure for "Low- Rise" if there are regular employee housing units
in this project. And it would be realistic to take an average of 2.6( "Elderly Housing") 6.6 ("Low -
Rise") /2= 4.6 trips per unit for any senior housing units in this project.
Per the "Pitkin County Road Management & Maintenance Plan ", Affordable Housing Units located
within one half mile of a transit stop can use a reduction of 2.0 trips per day. So, retaining a bus
stop / rail stop on Hwy 82 to serve this project and the Pomegranate should be part of the
mitigation measures.
There is no formal plan in the application for mitigation methods. we have heard that the applicant
is considering adding paved acceleration and deceleration lanes to Hwy 82 at the entrance to this
project, but no formal letter of commitment berveen the applicant and.CDOT has been received to
document this commitment and the acceptance of it by COOT,. Then the required length of this
paving would need to be specified to be able . to figure the credit given in reducing PM10.
It has also been said that the road into this project and the parking area will be paved. The specific
length of the road and the parking areas would need to be provided to determine the reduction in
PM10 emission.from this paving as compared -Lo if it remained dirt or gravel.
We recommend that a condition of approval be that prior to issuance of anv building
,permits or use of the facility, the applicant provide proof to the Aspen /Pitkin
Environmental Health Department that proposed mitigation measures are sufficient
to offset increases in PM-to and traffic caused by the project
FIREPLACE/WOODSTOVE PERMITS In metropolitan areas of Pitkin County which includes this site,
buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited
numbers of decorative gas fireplace appliances per building. New homes may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel. Barns and agricultural buildings may
not install any type of fireplace device. The application states that all existing fireplace will be
removed and no new fireplaces will be added.
3
A condition of approvaiould be that the affordable haul units include in their deed.
restrictions or their covenants that no gas log fireplaces and no certified woodstoves
may be installed, as represented in the application.
DEMOLITION Prior to demolition the applicant should have the building tested for asbestos, and if
any is present, should consult the Colorado Health Department regarding proper removal. in any
public or commercial building, before any demolition involving any material put in before 1986
(besides concrete, bricks, or steel) the state must be notified and a person licensed by the state
to do asbestos inspections must do an inspection. Enough time should be allowed for the
inspections, sample collecting, sample analysis, and to have.the report written. If asbestos is
present, it must be removed by a licensed asbestos removal contractor. It must be disposed of in
a licensed landfill. 'A state asbestos abatement permit must be obtained by this contractor.
Prior to demolition the applicant should have the building tested for asbestos, and if any
is present, should contact this Department regarding proper removal.
FUGITIVE DUST A fugitive dust control plan is required which Includes,.but is not limited to fencing,
watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud
that has been carried out,. speed limits, or other measures necessary to prevent windblown dust
from "crossing the property line or causing a nuisance.
obtaining this permit is a condition of approval of the building permit for this project.
CONFORMANCE WITH. OTHER'ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16 -1 "The city council finds and declares that noise is a significant
source of environmental pollution that represents a present and increasing threat to the public
peace and to the health safety - and welfare of the residents of the City of Aspen and it its visitors.
Accordingly, it is the policy of council to provide standards for permissible noise levels in
various areas and manners and at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures to
minimize the predicted high noise levels.
4
cnrisz, I l : l u Am 4 )may / , xe : Pomegranate Inn- -alter ser
To: chrisb
From: Phil Overeynder <philo @commons.aspen.co.us>
Subject: Re: Pomegranate Inn - -Water Service Needs
Cc: geraldd,marko,leel
Bcc:
X- Attachments:
Chris,
I am forwarding you a copy of prior correspondance on water service needs
for the Aspen Country Inn (formerly Pomegranate) as part of your
development review. We have some existing problems that need to be dealt
with in this area prior to redevelopment of the Inn as housing units. These
stem from the City's water service agreement (WSA) with the Maroon Creek
Club (Pearce) which envisoned abandonment of this structure with concurrent
abandonment of the existing substandard distribution system serving the
inn. The balance of the system in this area has been or will be upgraded to
current City of Aspen standards under the WSA with Pearce.
The City of Aspen has the capacity to serve this development provided the
recommended.system upgrades are made.
>Date: Tue, 25 Feb 1997 11:10:33 -0600
>To: davet
>From: Phil Overeynder <philo @commons.aspen.co.us>
>Subject:.Re: Pomegranate.Inn- -Water Service Needs
>Cc: steveb,geraldd,marko,leel
>Dave,
>I got a quote on this work. The total cost will depend on exactly how the
service lines are tied in to the structures and there are several options
on how this could be done. For budget purposes, I believe it will cost up
to $40,000. Of this, approximately $13,OOO.is related to work necessary to
abandon the redundant '10" main fronting these units. The Water Fund will
pay these costs from our mainline repair and replacement program. The
balance of the costs. are associated with the service lines and would be the
responsibility of the property owner.
>We will probably do the -work on the old main regardless of the
participation of the property owner or Housing Authority with respect to
replacement of the service lines. The last time this main failed we had a
repair bill for $30k! Also.with the potential realignment of.the highway in
this area we will be ahead to do this work before the highway is moved.
>The cost of doing both the main and service lines under a single contract
would be lower than doing it at different times, but I don't know how much
would be saved. If you are pursuing purchase and want to participate in
repairing service lines let me know. Thanks,
>Phil
»X- Sender: davet @commons
>>Date: Mon, 13 Jan 1997 13:21:22 -0700
>>To: Phil Overeynder <philo @commons.aspen.co.us>
>>From: Dave Tolen <aspen.co.us>
Frinted for Phil Overeynder <phi1o@aspen.co.us>
c ris AM , Re: Pomegranate Inn -- er er
>>Subject: Re: Pomegranate Inn - -Water Service Needs
>>Phil .
>>Thanks for the info. I should get together with you on this some time in
>>the next three weeks or so, once we have the overall land use application
on
>>track and we -are sure we are going ahead. I'll get in touch then. Thanks
again!
>>Dave
>>At 03:06 PM 1/9/97 -0700, you wrote:
>>>One factor, to consider in the improvement costs for the Pomegranate is
the
>>> existing water service for the area. The mains and water.service lines
are
>old, substandard and subject to failure.
>>>The Water Dept has an agreement with Pearce to abandon those sections
that
>>>were subject to failure because it was anticipated that the structure
would
>>>be demolished. This was scheduled to happen as,one of the last
construction .
>>> related items for the Maroon. Creek Club since the inn was being used to
>>> house construction workers.
>If the structure is to be retained, I would recommend.that a number of
water
>related improvements be made to adequately serve the upgraded structure.
>>> These include abandonment of the 8" main and provision of a new
connection
>>>to the newer 16" transmission main fronting Highway 82. We'will also
replace
>>>the existing inadequate hydrant. I will get an estimate on these costs
and
>>>we should discuss the most.appropriate way to finance.
>>>A related item I would suggest looking into is whether the fire dept
will
>>> require a fire sprinkler system for the upgraded structure. If they do,
it
>>>will likely require a new water service line adequately sized for the
>>> sprinkler system design. Even without this requirement you may want to
check
>>>into replacing the service .line . since we understand it is galvanized and
in
» >poor condition and will likely fail within the next 10 years. I will get
a
>separate quote.on the cost of a new service line if you'd like that
info as
>>>well.
Irrincea ror rnil uvereynaer <pniiowaspen.co.us> z
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
Stan Clauson, Community Development 'rector /s'
Julie Ann Woods, Deputy Director
4 `
FROM: Christopher Bendon, Planner NM
RE: Aspen Country Inn Affordable Housing Project - 2nd Reading:
Amendment to the Official Zone District Map (public hearing)
PUD Conceptual and Final Review (public hearing)
Subdivision Review (public hearing)
GMQS Exemption for Affordable Housing (public hearing)
Approval of the Method of providing Affordable Housing
City Council Waiver of Land Use and Park Dedication Fees
DATE: May 19, 1997
SUMMARY:
The Aspen Country Inn was originally scheduled to be demolished as part of the
Maroon Creek PUD. During construction of the Maroon Creek Club, the entire
property was annexed into the City and rezoned to Park (P), earmarked for open
space purposes. During the annexation process, the City entered into an
agreement with the owner to purchase the Aspen Country Inn and re- develop it as
affordable housing to be operated by the Housing Authority.
The applicant, Aspen/Pitkin County Housing Authority, is requesting an
amendment to the official zone district map, a combined conceptual and final
approval for a planned unit development, subdivision approval, an exemption
from the growth management quota system for forty (40) affordable housing
units, approval of the method in which the affordable housing units are to be
provided, and a waiver of the land use 'application and park dedication fees.
The proposed method is 100% affordable housing provided on -site, deed
restricted to Categories 1 & 2. Priority shall be given to qualified seniors for
between 24. and 40 of the units. In absence of a qualified senior, qualified
residents shall be allowed to occupy these units.
On April 8, 1997, the Growth Management Commission reviewed and considered
the application and recommended City Council exempt from the growth
management scoring and competition procedures forty (40) affordable housing
units, and approve the method of providing these units, with conditions.
P
0 0
On April 29, 1997, the Aspen Planning and Zoning Commission approved with
conditions the application for rezoning, conceptual and final PUD, and
subdivision, and recommended City Council approve the project, with conditions.
Staff recommends approval of the amendment of the official zone district
map, conceptual and final planned unit development, subdivision, an
exemption from the growth management competition and scoring procedures
of forty (40) affordable housing units, approval of the method of providing
the affordable housing units, and a waiver of the land use application and
park dedication fees, with conditions.
APPLICANT:
Aspen/Pitkin County Housing Authority, represented by Dave Tolen, Director.
PREVIOUS ACTION:
The Aspen City Council considered this application during first reading of the.
ordinance on May 5, 1997.
FINANCIAL IMPLICATIONS:
The City currently has a contract to purchase this parcel, contingent upon land use
approval and a thirty (30) day grace period following the land use decision. The
land use application fee is estimated at approximately $3,500. The park
development impact fee for this proposed development would be approximately
$84,215. °
SITE INFORMATION:
Please refer to Exhibit "B" for all site information.
REVIEW PROCEDURE:
Please refer to Exhibit "C" for the applicable review procedures.
STAFF COMMENTS:
Please refer to exhibit "D" for Review Criteria and Staff Findings.
During the Planning and Zoning Commission's hearing, April 29,1997, there was
some discussion about the proposed alignment of the entry to the parcel. At the
April 16, 1997, Colorado Department of Transportation focus group meeting a
schematic plan indicating a shared access along the eastern property boundary
(shared with the Pomegranite Condominiums) was presented. While this plan is
by no means `set in stone,' all interested parties should be aware that the entrance
to the property as shown is subject to final approval by CDOT, and may change in
the future with the new entrance to Aspen.
N
9 0
City Council discussed the entrance to the parcel during first reading. An
entrance along the shared boundary with the Pomegranite Condominiums was
discussed. This alignment seemed to be favored by the Council, but is not
agreeable with the Pomegranite Condominium owners. Considering this, the
combined entrance, as shown on the proposed site plan, is the next most desirable
alignment. The final design of any entrance must be finally approved by CDOT.
During first reading, Condition 427 of the ordinance was discussed and Staff was
asked to provide more clairity concerning the Housing Authority's policy for this
project.
Condition #27 states that priority shall be given to qualified seniors for between
24 and 40 of the units. In absence of a qualified senior, a qualified resident shall
be allowed to occupy the unit. The Housing Authority's general policy for all
rental units does not displace current renters in favor of more qualified applicants.
The Housing Authority and City Staff believe this to be an appropriate policy for
the Country Inn. Staff does not recommend changing condition 927.
During first reading of the ordinance, there was some discussion concerning the
architecture of the project. An informal worksession has been scheduled for May
22, 1997, with local architects to discuss the Country Inn and gain a clearer
direction for the final product. Result of this discussion will be presented at the
City Council meeting.
RECOMMENDATION:
The Community Development Department recommends approval of the
amendment to the Official Zone District Map, conceptual and final Planned Unit
Development, subdivision, GMQS exemption for affordable housing, and
approval of the method in which the applicant is proposing to provide affordable
housing for the Aspen Country Inn, with the following conditions:
1. The following amendments to the approved Final Plat and PUD for the Maroon Creek
Club, Book 33, Page 4, and to the Subdivision Improvements Agreement for the
Maroon Creek Club, Book 730, Page 608, shall be made.
A.
In Section 2. (which begins on Page 2 of the agreement) the "Description of
Project" shall be amended to include on Page 4 a new item (iv), to read as
follows:
"(iv) Affordable Housing. On the south side of Highway 82, the Aspen
Country Inn shall be remodeled into an affordable housing project,
consisting of approximately forty (40) multi - family rental units, including.
four (4) studio units , thirty -three (33) one bedroom units, and three (3)
two bedroom units."
B.
In Section 3 (which begins on Page 5 of the Agreement) the "Project
Construction" shall be amended by the addition of the following language to
Section (a):
"All direct and indirect references to the demolition of the Aspen Country
Inn (including the direct reference in Section 3.b) shall be deleted and
shall be replaced by approval to convert the Aspen Country Inn to
affordable housing, with development associated with said conversion
anticipated to occur during 1997."
C.
In Section 15 (which begins on Page 14 of the Agreement), subsection (e)
shall be amended as follows (new language in bold, language to be deleted
has been
"Upon demolitio final approval of this PUD amendment by the City
Council and filing of all appropriate documents with the County
Clerk and Recorder, of the Aspen count,.., T„„ and p ;a °a stteh use is
t later- r-estoFed in aeeer-danee with co,.+;,,,, 7 1.13 o fthe Code, that
certain Agreement dated June 1, 1981, and recorded in Book 431 at Page
221 (and exhibits thereto) between the County and James A. Latham d/b /a
Pomegranite Inn shall be terminated and extinguished." .
This same amendment shall be made to Plat note #20, filed in Plat Book 34,
Page 23.
All changes to said documents shall be reviewed by the City Attorney and the City
Manager before recordation.
2. Sentence #1 of condition #1 of the Board of County Commissioners Resolution #93-
104, prohibiting further subdivision of the Maroon Creek Subdivision, shall be
considered void, thereby permitting this subdivision.
The applicant shall enter into a contract with the City of Aspen, and any appropriate
utility agencies, for any utility improvements necessary for adequate service. Any
contract with the City shall be approved by the City Attorney and City Council prior
to issuance of a building permit.
4. Any additional utilities, or replacement of utilities, shall meet the design standards of
Section 26.88, and shall be approved by the City Engineer and the relevant utility
agencies before construction. All utility easements shall be delineated and described
on the final plat.
5. The replaced water service line, sewer service line and all other necessary utilities and
site improvements shall be provided prior to issuance of a certificate of occupancy.
6. The dimensional requirements shall be those of the AH1 -PUD zone district and as
follows:
a. Minimum distance between buildings No requirement
b. Maximum height (including viewplanes) 30' to the peak of the lobby
area(19' to the mid point) and 22' to the ridge of the residential wing.
C. Minimum front yard 100'
d.
e.
E
9.
h.
i.
J•
Minimum rear yard
Minimum side yard
Minimum lot width
Minimum lot area
Trash access area
15'
25'
As represented on the final plat
169,884 square feet
10' wide minimum
Internal floor area ratio No requirement
Minimum percent open space 25%
7. Before issuance of a building permit, the applicant shall comply with all aspects of
the Residential Design Standards, Section 26.58 of the Code.
8. Prior to issuance of a certificate of occupancy, the applicant shall provide a legal
instrument of common interest describing the continual care and maintenance of open
spaces, recreational areas and communally -owned facilities and private streets in
compliance with Section 26.88.
9. The applicant shall landscape with trees the parking buffers and landscape the center
of the traffic circle. The applicant shall take into consideration the replacement of the
existing sewer line, and landscape this area with soft landscape treatments only.
10. All lighting of the subject parcel shall be downcast with a standard fixture approved
by the Community Development Director and arranged in such a way as to prevent
direct glare or hazardous interference with adjoining streets or lands. ,
11. Prior to issuance of a building permit, the applicant shall mitigate problematic traffic
movements associated with the proposed traffic circle, as expressed by City Staff.
The Fire Marshal shall review and approve any changes to said traffic circle.
12. Prior to issuance of a building permit, the applicant shall sign a curb, gutter, and
sidewalk improvements agreement with the City.
13. Prior to issuance of a building permit, the applicant shall have the building tested for
asbestos. Any abatement measures necessary shall be performed by a certified asbestos
removal firm.
14. Prior to issuance of a building permit, the applicant shall meet design standards set
forth in Section 26.88.040 Subdivision, as applicable.
0 0
15. Prior to issuance of a building permit, the applicant shall obtain the appropriate access
permit from the Colorado Department of Transportation.
16. A trail easement shall be provided for the proposed trail labeled "future bike path" on
the landscape plan. This easement shall be recorded and described on the final plat.
17. Prior to issuance of a building permit, the applicant shall submit a draft plat to the
City Engineering Department for evaluation with all applicable requirements of the
Code, make the appropriate corrections, and record a final plat.
18. The applicant shall monument the property boundaries, pursuant to Section 26.88 of
the Code, and delineate and describe all monuments on the final plat.
19. All utility meters and any new utility pedestals or transformers shall be installed on
the applicant's property and not in the public right -of -way. For pedestals, easements
must be provided. Building permit drawings must indicate all utility meter locations.
Meter locations must be accessible for reading and may not be obstructed by trash
storage.
20. Prior to issuance of a building permit, the applicant shall provide a drainage plan
compliant with the "Urban Runoff Management Plan ". Any detention basins, or
other such drainage mitigation measures, shall be constructed prior to issuance of a
certificate of occupancy.
21. Prior to issuance of a building permit, the applicant shall pay a $2,405.70 cash -in -lieu
payment for school land dedication.
22. The owner shall maintain 43 parking spaces available to residents year round, without
the encroachment of snow storage, or other obstructions. The applicant shall
designate, in an aesthetically sensitive manner, the drop -off area as 20 minute
temporary parking and all other vehicular access ways as no parking areas, especially
the access road to the Pomegranite Condominiums. The owner shall landscape the
parking buffer areas with trees to further differentiate the parking area visually, and to
provide summer shade. All parking spaces, snow storage areas, trash areas, and trash
access ways shall be clearly delineated on the final plat.
23. Before issuance of a building permit, the applicant must obtain tree removal permits
from the Parks Department for the two large aspen trees to be removed.
24. The applicant must gain the appropriate approvals from the City Water Department
before any alterations to the Stapleton Ditch.
25. The applicant shall not be responsible for any land use application fees, park
dedication fees, or water tap fees associated with this development.
26. The City Council hereby grants an exemption from the scoring and competition
procedures of the growth management quota system for forty (40) affordable housing
units and deducts these units from the annual pool of development allotments.
27. The project shall consist of forty (4 0) affordable housing units deed restricted to
Categories 1 and 2. Priority shall be given to qualified seniors for between 24 and 40
of these units. In the absence of a qualified senior, a qualified resident shall be
allowed to occupy the unit.
28. Any change to the Housing Authority's policy, as outlined in condition #27 above,
shall be considered an insubstantial amendment, subject to approval by the
Community Development Director. Any other amendment to this approval shall be
subject to all applicable Municipal Code Sections.
29. All material representations made by the applicant in the application and during public
meetings with the Aspen City Council shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve Ordinance #16, series 1997, amending the Official Zone
District Map, granting conceptual and final approval for a Planned Unit
Development, approving the Subdivision, exempting from the competition and
scoring procedures of growth management forty (40) affordable housing units,
approving the method in which the affordable housing is proposed, and waiving
the land use and park dedication fees for the Aspen Country Inn, 38996 Hwy. 82."
ATTACHMENTS: Exhibit "A" - Draft Agreement with Pomegranite Condo. owners
Exhibit `B" - Site Information
Exhibit "C" - Review Procedure
Exhibit "D" - Staff Comments
Exhibit "E" - Amendments to the application
Exhibit "F" - Application
Exhibit "G". - Agency Referral Comments
7
ORDINANCE N0. 16
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM P-
PUD (PARK- PLANNED UNIT DEVELOPMENT) TO A111-PUD (AFFORDABLE
HOUSING - PLANNED UNIT DEVELOPMENT), CONCEPTUAL AND FINAL PLANNED
UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, AN EXEMPTION
FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING
PROCEDURES, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING
IS TO BE PROVIDED, AND WAIVER OF THE LAND USE APPLICATION, ZONING,
AND PARK DEVELOPMENT IMPACT FEES FOR THE ASPEN COUNTRY INN
AFFORDABLE HOUSING PROJECT, 38996 HIGHWAY 82, CITY OF ASPEN, PITKIN
COUNTY, COLORADO
WHEREAS, The Aspen/Pitkin County Housing Authority, represented by David Tolen,
Director, (Applicant) submitted an application (development proposal) to the Planning Office to
develop forty (40) fully deed restricted dwelling units on a 3.9 acre parcel at 38996 Highway 82,
known as the Aspen Country Inn; and,
WHEREAS, the applicant has requested a rezoning of the parcel from P -PUD (Park-
Planned Unit Development) to AH1/PUD (Affordable Housing - Planned Unit Development) in
conjunction with an application for Conceptual and Final Planned Unit Development approval,
Subdivision approval, Special Review approval to establish the parking requirements, an exemption
from the competition and scoring procedures of the Growth Management Quota System, approval
of the method in which the affordable housing is to be provided, and waiver of land use, zoning,
and ,park development impact fees; and
WHEREAS, the Planning Department reviewed the development proposal in accordance
with all applicable procedure and review criteria set forth in Sections 26.28, 26.32, 26.44, 26.52,
26.56, 26.58, 26.64, 26.84, 26.88, 26.92, and 26.100 of the Municipal Code; and,
WHEREAS, upon consideration of the applicant's request to consolidate the four step
PUD review to two steps and considering the Planning Director's recommendation, the Planning
and Zoning Commission has recommended to Council a consolidated PUD review process; and,
WHEREAS, the Growth Management Commission conducted a public hearing on March
8, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed and considered the
Ordinance No. 16, Series 1997
Page 1
development proposal in accordance with those procedures set forth in Sections 26.52 and 26.100
of the Municipal Code, and made a recommendation to the City Council in accordance with Section
26.100 of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing on April
29, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the development
proposal in accordance with all applicable procedures and review criteria set forth in Sections
26.28, 26.32, 26.52, 26.64, 26.84, 26.88, and 26.92 of the Municipal Code, approved, with
conditions, the Special Review to establish the parking requirements, and recommended to Council
approval of the Amendment to the Official Zone District Map, Conceptual and Final Planned Unit
Development approval, and Subdivision approval, with conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified in . Sections 26.28,
26.44, 26.52, 26.84, 26.88, 26.92, and 26.100 of the Municipal Code, has reviewed and considered
those recommendations and approvals as granted by the Growth Management Commission, the
Planning and Zoning Commission, and the Housing Authority, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Council found that a full four step PUD review process would be
redundant and serve no public purpose and a two step consolidated PUD review process would be
more appropriate; 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 public
health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Ordinance No. 16, Series 1997
Page 2
0 0
Section 1
That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as
described on the final plat, from P -PUD (Park - Planned Unit Development) to AH1 -PUD
(Affordable Housing - Planned Unit Development).
Section 2•
The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to
reflect the amendment as set forth in Section 1 above.
Section 3:
Pursuant to Section 26.84.030 of the Municipal Code, City Council finds that a four step review
process would be redundant and serve no public purpose and approves a consolidated two step
PUD review process.
Section 4•
Pursuant to Sections 26.28, 26.44, 26.52, 26.84, 26.88, 26.92, and 26.100, and subject to those
conditions of approval as specified hereinafter, the City Council hereby grants approval for an
amendment to the Official Zone District Map, Planned Unit Development approval, Subdivision
approval, exemption from the Growth Management Quota System scoring and competition
procedure for affordable housing, approval of the method of providing affordable housing, and
waiver of the land use and park development impact fees, with the following conditions:
1. The following amendments to the approved Final Plat and PUD for the Maroon Creek
Club, Book 33, Page 4, and to the Subdivision Improvements Agreement for the
Maroon Creek Club, Book 730, Page 608, shall be made.
A.
In Section 2. (which begins on Page 2 of the agreement) the "Description of
Project" shall be amended to include on Page 4 a new item (iv), to read as
follows:
"(iv) Affordable Housing. On the south side of Highway 82, the Aspen Country
Inn shall be remodeled into an affordable housing project, consisting of
Ordinance No. 16, Series 1997
Page 3
•
•
approximately forty (40) multi - family rental units, including four (4) studio units,
thirty -three (33) one bedroom units, and'three (3) two bedroom units."
B.
In Section 3 (which begins on Page 5 of the Agreement) the "Project
Construction" shall be amended by the addition of the following language to
Section (a):
"All direct and indirect references to the demolition of the Aspen Country Inn
(including the direct reference in Section 3.b) shall be deleted and shall be
replaced by approval to convert the Aspen Country Inn to affordable housing,
with development associated with said conversion anticipated to occur during
1997."
C.
In Section 15 (which begins on Page 14 of the Agreement), subsection (e) shall be
amended as follows (new language in bold, language to be deleted has been
struck o ):
"Upon demelitio final approval of this PUD amendment by the City Council
and filing of all appropriate documents with the County Clerk and Recorder,
aeeer-danee with Seel o 7 1.13 o fthe Code, that certain Agreement dated June 1,
1981, and recorded in Book 431 at Page 221 (and exhibits thereto) between the
County and James A. Latham d /b /a Pomegranite Inn shall be terminated and
extinguished."
This same amendment shall be made to Plat note #20, filed in Plat Book 34, Page 23.
All changes to said documents shall be reviewed by the City Attorney and the City
Manager before recordation.
2. Sentence #1 of condition #1 of the Board of County Commissioners Resolution #93-
104; prohibiting further subdivision of the Maroon Creek Subdivision, shall be
considered void, thereby permitting this subdivision.
3. The applicant shall enter into a contract with the City of Aspen, and any appropriate
utility agencies, for any utility improvements necessary for.adequate service. Any
contract with the City shall be approved by the City Attorney and City Council prior
to issuance of a building permit.
4. Any additional utilities, or replacement of utilities, shall meet the design standards of
Section 26.88, and shall be approved by the City Engineer and the relevant utility
Ordinance No. 16, Series 1997
Page 4
0* 0
agencies before construction. All utility easements shall be delineated and described
on the final plat.
5. The replaced water service line, sewer service line and all other necessary utilities and
site improvements shall be provided prior to issuance of a certificate of occupancy.
6. The dimensional requirements shall be those of the AH1 -PUD zone district and as
follows:
a. Minimum distance between buildings No requirement
b. Maximum height (including viewplanes) 30' to the peak of the lobby
area(19' to the mid point) and 22' to the ridge of the residential wing.
C. Minimum front yard 100'
d. Minimum rear yard
e. Minimum side yard
L_ Minimum lot width
9.
h.
i.
Minimum lot area
Trash access area
15'
25'
As represented on the final plat
169,884 square feet
10' wide minimum
Internal floor area ratio No requirement
Minimum percent open space 25%
7. Before issuance of a building permit, the applicant shall comply with all aspects of
the Residential Design Standards, Section 26.58 of the Code.
8. Prior to issuance of a certificate of occupancy, the applicant shall provide a legal
instrument of common interest describing the continual care and maintenance of open
spaces, recreational areas and communally -owned facilities and private streets in
compliance with Section 26.88.
9. The applicant shall landscape with trees the parking buffers and landscape the center
of the traffic circle. The applicant shall take into consideration the replacement of the
existing sewer line, and landscape this area with soft landscape treatments only.
10. All lighting of the subject parcel shall be downcast with a standard fixture approved
by the Community Development Director and arranged in such a way as to prevent
direct glare or hazardous interference with adjoining streets or lands.
11. Prior to issuance of a building permit, the applicant shall mitigate problematic traffic
movements associated with the proposed traffic circle, as expressed by City Staff.
The Fire Marshal shall review and approve any changes to said traffic circle.
12. Prior to issuance of a building permit, the applicant shall sign a curb, gutter, and
sidewalk improvements agreement with the City.
Ordinance No. 16, Series 1997
Page 5
0 0
13. Prior to issuance of a building permit, the applicant shall have the building tested for
asbestos. Any abatement measures necessary shall be performed by a certified asbestos
removal firm.
14. Prior to issuance of a building permit, the applicant shall meet design standards set
forth in Section 26.88.040 Subdivision, as applicable.
15. Prior to issuance of a building permit, the applicant shall obtain the appropriate access
permit from the Colorado Department of Transportation.
16. A trail easement shall be provided for the proposed trail labeled "future bike path" on
the landscape plan. This easement shall be recorded and described on the final plat.
17. Prior to issuance of a building permit, the applicant shall submit a draft plat to the
City Engineering Department for evaluation with all applicable requirements of the
Code, make the appropriate corrections, and record a final plat.
18. The applicant shall monument the property boundaries, pursuant to Section 26.88 of
the Code, and delineate and describe all monuments on the final plat.
19. All utility meters and any new utility pedestals or transformers shall be installed, on
the applicant's property and not in the public right -of -way. For pedestals, easements
must be provided. Building permit drawings must indicate all utility meter locations.
Meter locations must be accessible for reading and may not be obstructed by trash
storage.
20. Prior to issuance of a building permit, the applicant shall provide a drainage plan
compliant with the "Urban Runoff Management Plan ". Any detention basins, or
other such drainage mitigation measures, shall be constructed prior to issuance of a
certificate of occupancy.
21. Prior to issuance of a building permit, the applicant shall pay a $2,405.70 cash -in -lieu
payment for school land dedication.
22. The owner shall maintain 43 parking spaces available to residents year round, without
the encroachment of snow storage, or other obstructions. The applicant shall
designate, in an aesthetically sensitive manner, the drop -off area as 20 minute
temporary parking and all other vehicular access ways as no parking areas, especially
the access road to the Pomegranite Condominiums. The owner shall landscape the
parking buffer areas with trees to further differentiate the parking area visually, and to
provide summer shade. All parking spaces, snow storage areas, trash areas, and trash
access ways shall be clearly delineated on the final plat.
Ordinance No. 16, Series 1997
Page 6
23. Before issuance of a building permit, the applicant must obtain tree removal permits
from the Parks Department for the two large aspen trees to be removed.
24. The applicant must gain the appropriate approvals from the City Water Department
before any alterations to the Stapleton Ditch.
25. The applicant shall not be responsible for any land use application fees, park
dedication fees, or water tap fees associated with this development.
26. The City Council hereby grants an exemption from the scoring and competition
procedures of the growth management quota system for forty (40) affordable housing
units and deducts these units from the annual pool of development allotments.
27. The project shall consist of forty (40) affordable housing units deed restricted to
Categories 1 and 2. Priority shall be given to qualified seniors for between 24 and 40
of these units. In the absence of a qualified senior, a qualified resident shall be
allowed to occupy the unit.
28. Any change to the Housing Authority's policy, as outlined in condition #27 above,
shall be,considered an insubstantial amendment, subject to approval by the
Community Development Director. Any other amendment to this approval shall be
subject to all applicable Municipal Code Sections.
Section 5:
All material representations and commitments made -by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Growth Management Commission, Planning and Zoning Commission, and 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 other specific conditions.
Section 6:
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.
Ordinance No. 16, Series 1997
Page 7
•
0
Section 7•
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 8•
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder
Section 9•
A public hearing on the Ordinance shall be held on the 27th day of May, 1997 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
Ordinance No. 16, Series 1997
Page 8
0 0
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 5th day of May, 1997.
Approved as to form: Approved as to content:
City Attorney
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
Approved as to form:
City Attorney
Attest:
Kathryn S. Koch, City Clerk
Ordinance No. 16, Series 1997
Page 9
John Bennett, Mayor
day. of , 1997.
Approved as to content:
John Bennett, Mayor
DRAFT 2/14/97
AGREEMENT
THIS AGREEMENT, made and entered on this day of
199 by and between the City of Aspen, a municipal
corporation and home rule city, hereinafter referred to as the "City ", and the Pomegranate
Condominium Association, Inc., a Colorado non - profit corporation and the undersigned owners
of units at the Pomegranate , hereinafter referred to collectively as the "Homeowners".
WITNESSETH, that whereas the Homeowners own the property commonly referred to
as the Pomegranate Condominiums located in Pitkin County, Colorado, on State Highway 82
adjacent to the Aspen Country Inn within the Maroon Creek Club Subdivision; and
WHEREAS, the Maroon Creek Club Subdivision was approved by the Pitkin County
Board of County Commissioners and evidenced by certain resolutions identified in that certain
Subdivision Improvements Agreement for Maroon Creek Club, recorded in Book 730 at Page
606 of the real estate records of Pitkin County, Colorado; and
WHEREAS, said Subdivision Improvements Agreement for the Maroon Creek Club
("MCC") requires that the Aspen Country Inn ( "ACI ") be demolished and that the property be
maintained as open space /golf course; and
WHEREAS, the Maroon Creek Club Subdivision was annexed into the City of Aspen
(Ordinance No. 40, Series of 1996); and
WHEREAS, the City desires to purchase the ACI from its current owner and convert its
use to affordable housing; and
WHEREAS, such a change in use will require certain governmental approvals to amend
the said Subdivision Improvements Agreement, various subdivision approvals, and rezoning of
the property to the City of Aspen Affordable Housing' (AH) zoning district; and
WHEREAS, the City desires to mitigate the impacts such amendments to the Maroon
Creek Club Subdivision might have upon neighboring properties; and
WHEREAS, the Homeowners have been provided with a copy of a land use application
appended hereto as Exhibit "A" attached h °r ° *^ which sets forth in reasonable detail the City's
intent in this matter (including the proposed use of the property, a list of the number of units, the
total square footage for each unit, the number of bedrooms per unit, the number of parking
spaces per unit, etc.) and desire to cooperate with the City to enable it to change the current use
of the ACI as described herein provided that certain mitigation measures are adopted by the City;
and
1-1
WHEREAS, the parties desire to memorialize the agreement reached with respect to the
measures determined by the parties hereto to be reasonably necessary to mitigate the impacts of
converting the ACI to an affordable housing project.
NOW THEREFOR, City and Homeowners, for the consideration hereinafter set forth,
agree as follows:
1. This agreement is specifically contingent on the City's purchase of the ACI from
its current owners. In the event that City enters into a contract to purchase the ACI from its
current owners, the City shall take all steps reasonably necessary to obtain the requisite
governmental approvals to convert the ACI to an affordable housing project within a reasonable
period of time. City shall notify Homeowners within five (5) days of the execution of a contract
to purchase the ACI and shall provide Homeowners with a copy of the executed document,
including any exhibits referenced therein.
2. City agrees to the following mitigation measures:
a. City agrees to communicate with the State of Colorado Department of
Transportation ( "CDOT ") its preference for the location of any expansion of State Highway 82
to be located to the North of the existing Maroon Creek bridge. In addition, City agrees to
cooperate with homeowners in all efforts to convince CDOT to avoid any use of Homeowners'
land to the South of the existing State Highway 82.
b. Homeowners acknowledge that City does not desire to lose, but may be
willing to relocate, the Plum Field soccer /baseball diamond to the North of existing Highway 82
from its inventory of recreational playing fields to accommodate a North alignment for the future
expansion of State Highway 82. City does agree, however, to take all reasonable efforts,
including using land currently in use by the Aspen Municipal Golf course in the area of the
parking lot, practice putting green and driving range, to relocate the Plum Tree playing field in
the vicinity of the area to be impacted by any re- construction of State Highway 82. Whether an
acceptable substitute for the Plum Tree playing field can be reasonably accommodated on other
City owned property shall be the sole and exclusive decision of the City in its sole discretion.
C. City agrees to accept all prior Pitkin County land use approvals relating to
the Homeowners' proposed construction of garages on the Pomegranate Condominiums
property.
d. City agrees that .the change in use for the ACI to an affordable housing
project shall not increase either the footprint or visual impact of the current structure. (See
Exhibit "A" attached hereto.)
e. City agrees to create a single entrance into the ACI and the Pomegranate
Condominiums from State Highway 82 which will be designed so as to split off into two separate
entrances to the ACI affordable housing project and the Pomegranate Condominiums. Attached
2-1
•
hereto as Exhibit "B" is a drawing of the proposed entrance. City and Homeowners agree to
execute a joint use and maintenance agreement for the entrance which shall include a provision
requiring each party to pay its proportionate share of all maintenance costs and expenses for the
entrance.
f. City agrees to sell to Homeowners at no cost to Homeowners a two
bedroom unit of their choice for the exclusive use of an Homeowner's employee and his /her
family. The parties agree that said unit shall be deed restricted as a resident - occupied unit for so
long as it is owned by the Homeowners. Homeowners shall have the right to sell said unit
provided the unit is converted to a category 4 unit upon transfer to another person. Homeowners
shall pay all applicable real estate taxes, homeowners' assessments and insurance costs associated
with said unit. The terms "resident- occupied" and "category 4" shall be the definition of said
terms .as. set forth in the housing guidelines, as they may be amended from time to time, by the
Aspen/Pitkin County Housing Authority.
g. City agrees to give Homeowners notice of all public meetings scheduled to
discuss the design and layout of any landscaping plans relating to the ACI or Pomegranate
Condominiums.
h. City agrees that the ACI affordable housing project shall be a "for sale"
project as that term is defined in the Aspen/Pitkin County Housing Authority guidelines, as
amended from time to time, and that the units shall be owner occupied.
i. City agrees to prohibit dogs at the ACI; excepting "seeing -eye" dogs or
other similar service dogs approved by the Aspen/Pitkin County Housing Authority.
3. Homeowners will never institute any action or suit at law or in equity against
City, nor institute, prosecute or in any way aid in the institution or prosecution of any claim,
demand, action, or cause of action for damages, costs, loss of services, expenses, or
compensation for or on account of any developed or undeveloped, resulting or to result,
known or unknown, past, present or future, arising out of the City's efforts to obtain
governmental approvals for the conversion of the ACI to an affordable housing project.
Notwithstanding anything to the contrary herein, Homeowners do not hereby waive any right
to enforce the terms of this agreement or to enforce the terms of any condominium
declarations for the ACI which the Homeowners may claim to be third -party beneficiaries.
4. Homeowners may participate in any proceeding before governmental authorities
having jurisdiction over the contemplated approval process, but shall not oppose or in any way
aid in the institution of any opposition to the contemplated requests for land use changes
deemed necessary to effectuate the conversion of the ACI to an affordable housing project.
5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties hereto, and supersedes all prior and contemporaneous agreements,
representations and understandings of the parties regarding the subject matter of this Agreement..
2}
No supplement, modification or amendment of the Agreement shall be binding unless executed in
writing by the parties hereto.
6. COUNTERPARTS., This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
7. BINDING EFFECT /ASSIGNMENT. This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
City may, in its sole discretion, and without the prior consent of Homeowners, assign all of the
City's right hereunder.- This Agreement shall run with the land and bind all subsequent owners of
units within the Pomegranate Condominiums. This Agreement shall be recorded in the real estate
records of Pitkin County, Colorado.
8. GOVERNING LAW. This Agreement shall be governed by and be construed in
accordance with the laws of the State of Colorado and the parties hereto hereby consent to the
exclusive jurisdiction of the Colorado state courts in the event of any controversy or suit arising
hereunder.
9. SEVERABILITY. If any provision of this Agreement 'is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of
this Agreement shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
10. NOTICES. All notices and other communications tendered in connection with this
Agreement shall be in writing, and shall be deemed to have been duly given when delivered in
person or by telefax, or on the fourth day after mailing, if mailed registered or certified mail,
postage prepaid and properly addressed as follows:
To City: Office of the City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
With a copy to the City Attorney at same address.
To Homeowners: Pomegranate Homeowner's Association
c/o Scott Writer
With a copy to:
4-
11. ASSIGNABILITY. With the exception of the sale of their individual units at the
Pomegranate Condominiums, Homeowners shall not assign or transfer Homeowners' rights or
obligations under this Agreement without the prior written consent of City except by operation of
law. In the event the rights and obligations of City shall be assigned as provided herein, such
transferee and assignee will be substituted in place of such assignor as the City in all respects
under this Agreement.
55-1
CITY OF ASPEN
By:
Mayor Date
ATTESTED
POMEGRANATE HOMEOWNERS ASSOCIATION:
Date
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
, 1996, as Mayor of the City of Aspen.
Witness my hand and official seal.
My Commission expires:
Notary Public
M
day of
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
, 1996, by as President of the Pomegranate
Homeowners' Association.
Witness my hand and official seal.
My Commission expires:
J
Notary Public
[Notary acknowledgments continue on next page]
7-1
I, , being an owner of one of the units at
the Pomegranate Condominiums, and having read the Agreement between the City of Aspen and
the Pomegranate Homeowners' Association and individual owners, do hereby agree to said
Agreement and to be bound by its terms.
Date
STATE OF COLORADO. )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
, 1996, by
Witness my hand and official seal.
My Commission expires:
Notary Public
84-
day of
EXHIBIT B
SITE INFORMATION
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 (just west of the Pomegranite
Condominiums)
ZONING:
Park - Planned Unit Development (P -PUD). The applicant is proposing a zone
change from P -PUD to AH 1 -PUD.
LOT SIZE:
3.9 acres = 169,884 square feet
LOT AREA (FOR PURPOSES OF FAR CALCULATIONS):
169,884 square feet
FAR:
External floor area: for lots between three (3) and six (6) acres, the allowable
external FAR is .36:1. 85% of this may be developed by right. Up to 100% of
this allowable FAR may be permitted by special review.
The allowable external square footage for this site is 3.9 x 43,560 x .36 = 61,158
square feet. .85% of this is 51,984.5 square feet. The applicant is proposing
20,025 external square feet, well within the external FAR requirements.
Minimum lot size: For multi - family dwellings on a lot subdivided from a parcel
of more than 27,000 square feet the following square foot requirements apply:
Studio: 1,000
One bedroom: 1,250
Two bedroom: 2,100
Three bedroom: 3,630
The proposed development includes four (4) studio units, thirty three (33) one
bedroom units, and three (3) two bedroom units. Using the standards above, this
mix of units requires a minimum lot size of 51,550 square feet. The applicant is
well within these requirements.
CURRENT LAND USE:
Temporary housing for construction workers associated with the construction at
the Maroon Creek Club. The building was formerly a lodge, but was scheduled to
be demolished as part of the Maroon" Creek PUD agreement.
PROPOSED LAND USE:
Residential. Forty (40) Category 1 and 2 affordable housing units.
EXHIBIT C
REVIEW. PROCEDURE
Amendment to Official Zone District Map:
A development application for an amendment to the text of this title or the official
zone district map shall be reviewed and recommended for approval, approval with
conditions, or disapproval by the planning director and then by the Commission at
a public hearing, and then approved, approved with conditions, or disapproved by
the City Council at a public hearing, in accordance with the procedure established
in Common Procedures, Chapter 26.52.
Planned Unit Development:
This procedure requires review and approval of a conceptual development plan
and final development plan by the Commission and the City Council, with public
hearings occurring at the time of conceptual plan review by the City Council and
final development plan review by the Commission.
Subdivision:
This procedure requires review and approval of a development application for plat
by the Commission at a public hearing and by the City Council at a hearing.
Growth Management Exemptions by City Council:
City Council exemptions that are deducted from the annual pool of development
allotments. All affordable housing deed restricted in accordance with the housing
guidelines of the City Council and its housing designee, shall be exempt from the
growth management competition and scoring procedures by the City Council.
Approval of the Method:
Approval of the method by which the applicant proposes to provide affordable
housing shall be at the option of City Council, upon the recommendation of the
Growth Management Commission.
Waiver of Fees:
Pursuant to Section 26.44.060, the City Council may exempt a project that is
determined to be affordable from the park development impact fee. The fee for
this proposed development would be approximately $84,215.
The City Council may also take other actions not delegated to any other
decisionmaking administrative body deemed desirable and necessary to
implement the provisions of this title. The Planning and Zoning fees for this
project are expected to reach approximately $3,500
o,
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EXHIBIT D
STAFF COMMENTS
STAFF COMMENTS: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP
In reviewing an amendment to the text of this title or an amendment to the official
zone district map, the City Council and the Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The current use of this site, lodge /construction worker housing, is a non-
conforming use within the Park (P) zone district. The proposed amendment will
remedy this non - conformity by applying a more appropriate zone district to the
parcel, considering the proposed residential use, without presenting a_ conflict with
any other portion of this title, or with adjacent land uses.
B. Whether the proposed amendment is, consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
The proposed amendment is consistent with the AACP. One of the largest
community concerns expressed in the Comprehensive Plan is the need to preserve
"Aspen, the Community" through the housing of 60% of the work force up valley.
The character of Aspen is being eroded as the "critical mass" of permanent
residents move away so they can afford adequate housing. Important to this
character is not only the maintenance of an up valley work force but of the prior
and future work forces. This promotes the perception that Aspen is a real town
with real people. This project will provide Category 1 & 2 housing, the most
needed price range, to the affordable housing inventory. As a project that provides
housing for area citizens who contribute to "Aspen, the Community," this project
furthers goals in the AACP of revitalizing, or at least maintaining, the permanent
population and encouraging a balanced permanent community.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
The proposed zone district, AH1 -PUD, is compatible with the surrounding zone
districts and land uses. The existing building was originally a lodge and will be
remodeled to accommodate the new residential units. The residential use will be
located adjacent to another residential complex, The Pomegranite Condominiums,
and the Maroon Creek Golf Course. The owners of the Pomegranite
Exhibit C - Staff Comments, page 1
Condominiums have been involved in the.design, housing policy, and application
processes.
D. The effect of the proposed amendment on traffic generation and road
safety.
Staff Finding:
The proposed amendment will not in itself create traffic or road safety problems.
Traffic generation and road safety are, however, being addressed in this review.
A combined entrance with the Pomegranite Condominiums, as well as a new
acceleration lane and a deceleration lane will address some of the area's traffic
problems. A RFTA bus stop is located adjacent to the site and is expected to meet
some of the residents' travel demands.
E. Whether and the extent to which the proposed amendment would result
in demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities,
including, but not limited to, transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency medical
facilities.
Staff Finding:
The proposed zone change will not in itself create any additional demand upon the
City's public facilities. The present building is currently served by water and
sewer. The Water Department will need to do extensive improvements on and off
site to adequately serve the building. The applicant is expected to mitigate the
impacts of any additional utilities and city services, including school land
dedication. This mitigation is addressed in "Staff Comments: Subdivision. "
F. Whether and the extent to which the proposed amendment would result
in significant adverse impacts on the natural environment.
Staff Finding:
The site is somewhat constrained by environmental concerns. There are wetlands
on the western portion of the property. The proposed development, however, is
mostly remodeling, with some reconstruction, and will not affect these wetland
areas. The paving of the parking lot will decrease the PMIO associated with the
parcel.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The community character of Aspen is largely dependent upon the people who
actually live in the community. The AH1 -PUD zone district allows people, with a
broader range of jobs and incomes, to live in Aspen and contribute to the
character of the community.
Exhibit C - Staff Comments, page 2
0- 0-
H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed
amendment.
Staff Finding:
The parcel was originally scheduled to become open space. The City, however, is
actively pursuing affordable housing for the most needy group of individuals,
Categories 1 & 2, by entering into a contract to purchase this property to meet this
community goal. The surrounding neighborhood is supportive of the project, with
conditions expressed to the Planning and Zoning Commission, City Council, and
the Housing Authority.
L Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
This proposed amendment would further the public interest and would not be in
conflict with the purpose and intent of this title.
STAFF COMMENTS: PLANNED UNIT DEVELOPMENT
The Community Development Director has determined that consolidating the
conceptual and final review processes for this project is appropriate. An
application which is determined to be eligible for consolidation shall be processed
pursuant to the terms and procedures of final development plan review. The
Council may determine during review that the application should be subject to
both conceptual and final plan review, in which case consolidated review shall not
occur.
Contents of the final planned unit development application shall include the
following:
The general application information required in Common
Procedures, Section 26.52.030.
Staff Finding:
The applicant has submitted this general information.
2. A detailed plan of the proposed development which includes but is
not limited to proposed land uses, densities, natural features,
internal traffic circulation plans, and off- street parking and open
space areas. The site plan shall be of sufficient detail to enable
Exhibit C - Staff Comments, page 3
LJ
•
evaluation of the design features and natural features of the
proposed development. It shall show the location and floor area of
all existing and proposed buildings and other improvements
including their height, dwelling units, and all non - residential
facilities.
Staff Finding:
The applicant has submitted this information.
3. A statement specifying how the development complies with the
dimensional and off - street parking requirements of the underlying
zone district on the parcel proposed for development, and. a
specific listing of any variations requested from these
requirements.
Staff Finding:
The number of parking spaces required for this proposed development has been
established at 43 spaces through special review.
4. A statement specifying the public facilities that will be needed to
accommodate the proposed development, and what specific
assurances will be made to ensure the public facilities will be
available to accommodate the proposed development.
Staff Finding:
The applicant has not provided this statement. The proposed development is
using an existing structure already serviced. The Water Department and Aspen
Consolidated Sanitation District, however, will need to do extensive
improvements to adequately service the building. The Council should, as a
condition of approval, require the applicant to enter into an contract with the City,
and any appropriate utility agencies, for all utility improvements necessary for
adequate service before issuance of a building permit.
5. A statement outlining a development schedule specifying the date
construction is proposed to be initiated and completed, and any
proposed public facilities the developer is proposing to construct,
and the phasing and construction of the proposed public facilities.
Staff Finding:
The applicant has not provided this statement. It is Staff's understanding that,
assuming land use approvals are granted, construction will begin soon after the
thirty day grace period and would not last more than one construction season.
The Council should require the applicant to represent any modifications to this
understanding during the public hearing.
Exhibit C - Staff Comments, page 4
6. A statement of the reasonable conformance of the final
development plan with the approval granted to the conceptual
development plan.
Staff Finding:
This application requirement does not apply because the applicant is combining
the conceptual and final processes.
7. An architectural sketch indicating floor plans and all exterior
elevations of any buildings or other structures proposed for
development.
Staff Finding:
The most recent architectural plans have been resubmitted. Most of the building's
exterior will remain the same. Part of the building separating the two larger
masses will be removed to provide two separate buildings with an entry courtyard
between. The applicant will also need Staff approval of the Residential Design
Standards review before issuance of a building permit. A complete set of plans
and elevations will be required for this review.
8. A landscape plan indicating the treatment of exterior spaces in the
proposed development. The landscape. plan should show:
a. The extent and location of all plant materials and other
landscape features.
b. Flower and shrub bed definition.
C. Proposed plant material at mature sizes and in appropriate
relation to scale.
d. Species and size of existing plant material.
e. Proposed treatment of all ground surfaces (e.g., paving,
turf, and gravel).
f. A plant material schedule with common and botanical
names, sizes, quantities, and method of transplant.
Staff Finding:
A landscape plan meeting the above standards has been submitted. Staff has
reviewed this plan and feels that the landscape treatments are appropriate for the
site.
9. A topographic map prepared by a registered land surveyor,
registered landscape architect or registered engineer identifying the
areas on the parcel proposed for development where slopes are:
a. Between zero (0) and twenty (20) percent.
b. Between twenty -one (21) and thirty (30) percent.
C. Between thirty -one (3 1) and forty (40) percent.
d. In excess of forty (40) percent.
Exhibit C - Staff Comments, page 5
0 0
Staff Finding:
The submitted site plan includes topographic information. There are some areas
of steep slopes identified along the southern sides of the parcel, which will not be
developed.
10. An open space plan, and if applicable, a legal instrument or
instruments setting forth a plan providing for the permanent care
and maintenance of open spaces, recreational areas and
communally -owned facilities and private streets. If the common
open space is proposed to be deeded to a homeowners association,
the proposed documents governing the association shall also be
submitted. Such documents shall meet the following
requirements: (a) The homeowners association must be
established before any residences are sold. (b) Membership in the
association must be mandatory for each residence owner. (c) Open
space restrictions must be permanent and not for a period of years.
(d) The homeowners' association must be made responsible for
liability insurance, taxes, and maintenance of recreational and other
facilities. (e) The association must have the power to levy
assessments which can become a lien on individual premise for the
purpose of paying the cost of operating and maintaining common
facilities. (f) The governing board of any such association shall
consist of.at least five (5) members who shall be owners of
property in the Planned Unit Development (PUD).
Staff Finding:
There has not been a plan submitted for the continual maintenance of the common
areas and open space. It is also unclear whether the common open space areas are
to be deeded to a homeowners association. The Council should, as a condition of
approval, require the applicant to provide a plan for the continual care and
maintenance of open spaces, recreational areas and communally -owned facilities
and private streets in compliance with this Section.
11. A plat which depicts the applicable information required by
Section 26.88.040(D)(1)(a)(3) and (D)(2)(a).
Staff Finding:
A plat has not been submitted. The Council should, as a condition of approval,
require the applicant to record all appropriate documents prior to issuance of a
building permit.
Exhibit C - Staff Comments, page 6
A development application for a PUD must comply with the following standards
and requirements:
1. General Requirements:
A. The proposed development shall be consistent with the Aspen Area
Community Plan.
Staff Finding:
The proposed development is consistent with the AACP. Please refer to "Staff
Comments: Amendment to the Official Zone District Map (B), " page 1 of
of this exhibit.
B. The proposed development shall be consistent with the character of the
existing land uses in the surrounding area.
Staff Finding:
The proposed amendment is compatible with the surrounding zone districts and
land uses. Please refer to "Staff Comments: Amendment to the Official Zone
.District Map (C), " page 1 of this exhibit.
C. The proposed development shall not adversely affect the future
development of the surrounding area.
Staff Finding:
The surrounding parcels are zoned as (P) Park. The proposed development will
not adversely affect the future development of these parcels.
D. Final approval shall only be granted to the development to the extent to
which GMQS allotments are obtained by the applicant.
Staff Finding:
Affordable housing projects are eligible for an exemption from the competition
and scoring procedures of the growth management quota system by the City
Council after review and consideration by the Growth Management Council.
Allotments for these projects are deducted from the annual pool. The Growth
Management Council, on April 8, 1997, considered and reviewed this application
and then recommended to the City Council an exemption from competition and
scoring procedure for forty (40) units and recommended approval of the method
in which these units are to be provided.
2. Density:
A. The maximum density shall be no greater than that permitted in the
underlying zone district. Furthermore, densities may be reduced if.-
Exhibit C - Staff Comments, page 7
0' 0
There is not sufficient water pressure and other utilities to serve
the proposed development;
2. There are not adequate roads to ensure fire protection, snow
removal.and road maintenance to the proposed development;
3. The land is not suitable for the proposed development because
of slope, ground instability, and the possibility of mud flow,
rockfalls and avalanche dangers;
4. The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion and
consequent water pollution;
5. The proposed development will have deleterious effect on air
quality in the surrounding area and the city; or
6 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:
This proposal is not in conflict with any of the above standards 1 -6. The proposed
density is well within the parameters of the AH1 -PUD zone district.
B. Reduction in density for slope consideration.
In order to reduce wildfire, mudslide, and avalanche hazards;
enhance soil stability; and guarantee adequate fire protection
access, the density of a PUD shall also be reduced in areas with
slopes in excess of twenty (20) percent in the following manor:
a.. For lands between zero (0) and twenty (20) percent
slope, the maximum density allowed shall be that.
permitted in the underlying zone district.
b. For lands between twenty-one (21) and thirty (30)
percent slope, the maximum density allowed shall be
reduced to fifty (50) percent of that permitted in the
underlying zone district.
C. For lands between thirty-one (31) and forty (40) percent
slope, the density shall be reduced to twenty -five (25)
percent of that allowed in the underlying zone district.
d. For lands in excess of forty (40) percent slope, no
density credit shall be allowed.
Exhibit C - Staff Comments, page 8
2. Maximum density for the entire parcel on which the
development is proposed shall be calculated by each slope
classification, and then by dividing the square footage necessary
in the underlying zone district per dwelling unit.
3. For parcels resting in more than one (1) zone district, the
density reduction calculation shall be performed separately on
the lands within each zone district.
4. Density shall be further reduced as specified in Chapter 26 04,
Definition of Lot Area.
Staff Finding:
There are no natural.grades on this site that limit the allowable density. There are
some steep areas along the southern boundary of the site that were created as part
of the golf course. The proposed density on the site is well within the allowable
density in the AH1 -PUD zone district. There are no further site conditions that
would reduce this density.
3. Land Uses. The land uses permitted shall be those of the underlying zone
district. Detached residential units may be authorized to be clustered in a
zero lot line or row house configuration, but multi - family dwelling units
shall only be allowed when permitted in the underlying zone district.
Staff Finding:
Assuming approval of the amendment.to the official zone district map, the
proposed land use will be permitted on this parcel.
4. Dimensional Requirements. The dimensional requirements shall be those
of the underlying zone district, provided that variations may be permitted
in the following:
a. Minimum distance between buildings;
b. Maximum height (including viewplanes),
C. Minimum front yard
d. Minimum rear yard
e. Minimum side yard.
f. Minimum lot width;
g. Minimum lot area;
h. Trash access area;
i. Internal floor area ratio; and
I Minimum percent open space.
If a variation is permitted in minimum lot area, the area of any lot may
be greater or less than the minimum requirement of the underlying zone
district, provided that the total area of all lots, when averaged, at least
Exhibit C - Staff Comments, page 9
equals the permitted minimum for the zone district. Any variation
permitted shall be clearly indicated on the final plat development plan.
Staff Finding:
Dimensional requirements in the AH1 -PUD zone district are established via the
PUD process and have not been previously established. The applicant is
proposing these requirements be established as follows:
a.
Minimum distance between buildings No requirement
b.
Maximum height (including viewplanes)
30' to the peak of the
lobby area(19'to the mid point)
and 22' to the ridge of the residential
wing.
C.
Minimum front yard
100'
d.
Minimum rear yard
15'
e.
Minimum side yard
25'
f.
Minimum lot width
As shown on site plan
g.
Minimum lot area
As shown on site plan
h.
Trash access area
No requirement
i.
Internal floor area ratio
No requirement
j.
Minimum percent open space
As shown on site plan
The applicant is in compliance with all dimensional requirements that are not at
the Council's discretion. Staff is recommending the following amendments to the
applicant's proposal:
f. Minimum lot width As represented on final plat
g. Minimum lot area 169,884 square feet
h. Trash access area 10' wide minimum
j. Minimum percent open space 25%
The Council should, as a condition of approval, establish the dimensional
requirements for this parcel as described above, with the recommended
amendments.
5. Off - street parking. The number of off - street parking spaces may be varied
from that required in the underlying zone. district based on the following
considerations:
a. The probable number of cars used by those using the proposed
development. ,
b. The parking need of any nonresidential units.
C. The varying time periods of use, whenever joint use of common
parking is proposed.
d. The availability of public transit and other transportation
facilities, including those for pedestrian access and /or the
Exhibit C - Staff Comments, page 10
commitment to utilize automobile disincentive techniques in the
proposed development.
e. The proximity of the proposed development to the commercial
core or public recreational facilities in the city.
Whenever the number of off - street parking spaces is reduced, the City
shall obtain assurance that the nature of the occupancy will not change.
Staff Finding:
Forty -three (43) parking spaces have been represented on the development
proposal. The AH1 -PUD zone district requires that the number of parking spaces
be established by special review. The Planning and Zoning Commission
established forty -three (43) required parking spaces through the special review
process.
6. Open Space. The Open Space requirement shall be that of the underlying
zone district. However, a variation in minimum open space may be
permitted if such variation would not be detrimental to the character of the
proposed PUD, and if the proposed development shall include open space
for the mutual benefit of all development in the proposed PUD through a
common park or recreation area. An area may be approved as a common
park or recreation area if it:
a. Is to be used and is suitable for scenic, landscaping, or
recreation purposes; and
b. Is land which is accessible and available to all dwelling units or
lots for whom the common area is intended.
A proportionate, undivided interest in all common park and recreation
areas shall be deeded in perpetuity to each lot or dwelling unit owner
within the planned unit development (PUD), together with a deed
restriction against future residential, commercial, or industrial
development.
Any plan for open space shall also be accompanied by a legal instrument
which ensures the permanent care and maintenance of open spaces,
recreation areas, and communally -owned facilities.
Staff Finding:
There are no specific requirements for Open Space in the AH1 -PUD zone district,
as this requirement is established via the PUD process (see #4, above). The
Council should, as a condition of approval, require that all common areas,
including open space, be maintained through a legal instrument of common
interest. Evidence of this maintenance through a common interest should be
required before issuance of a certificate of occupancy.
'Exhibit C - Staff Comments, page 11
7. Landscape Plan. There shall be approved as part of the final development
plan a landscape plan, which exhibits a well designated treatment of
exterior spaces. It shall provide an ample quantity and variety of
ornamental plant species that are regarded as suitable for the Aspen area
climate.
Staff Finding:
The applicant has submitted this required landscape plan. Exterior landscape
treatments, as represented, are appropriate for the site. The Council should, as a
condition of approval, require the applicant to landscape with trees the parking
buffers and to landscape the center of the traffic circle. The applicant should take
into consideration the replacement of the existing sewer line, and landscape these
areas with soft landscape treatments only.
8. Architectural Site Plan. There shall be approved as part of the final
development plan an architectural site plan, which ensures architectural
consistency with the proposed development, architectural character,
building design, and the preservation of the visual character of the City. It
is not the purpose of this review that control of architectural character be
so rigidly enforced that individual initiative is stifled in the design of a
particular building, or substantial additional expense is required.
Architectural character is based upon the suitability of a building for its
purposes, upon appropriate use of materials, and upon the principles of
harmony and proportion of the buildings with each other and surrounding
land uses. Building design should minimize disturbances to the natural
terrain and maximize the preservation of existing vegetation, as well as
enhance drainage and reduce soil erosion.
Staff Finding:
The applicant has submitted this required Architectural site plan. Because the
proposed development is utilizing an existing building, there will be very little
disturbance to the natural terrain and existing vegetation.
9. Lighting. All lighting shall be arranged so as to prevent direct glare or
hazardous interference of any kind to adjoining streets or lands.
Staff Finding:
The applicant has not presented a lighting plan. The Council should, as a
condition of approval, require the applicant to arrange all lighting of the subject
parcel in such a way as to prevent direct glare or hazardous interference with
adjoining streets or lands.
Exhibit C - Staff Comments, page 12
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•
10. Clustering. Clustering of dwelling units is encouraged.
Staff Finding:
The existing building is clustered and no new structures are proposed.
11. Public facilities. The proposed development shall be designed so that
adequate public facilities will be available to accommodate the proposed
development at the time development is constructed, and that there will be
no net public cost for the provision of these public facilities. Further,
buildings shall not be arranged such that any structure is inaccessible to
emergency vehicles.
Staff Finding:
The existing water service line needs extensive improvements both on and off site
and the sewer service line must be replaced. These improvements will require
some public funds (see Water Department correspondence). The Council should,
as a condition of approval, require the applicant to enter into a contract with the
City, and any other appropriate service provider, for the improvements necessary
before issuance of a building permit. Any contract with the City must be
approved by the City Attorney and the City Council.
12. Traffic and pedestrian circulation.
a. Every dwelling unit, or other land use permitted in the planned unit
development (PUD) shall have 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.
b. Principal vehicular access points shall be designed to permit smooth
traffic flow with controlled turning -movements and minimum hazards to
vehicular or pedestrian traffic. Minor streets within the Planned Unit
Development (PUD) shall not be connected to streets outside the
development so as to encourage their use by through traffic.
The proposed development shall be designed so that it will not create .
traffic congestion on the arterial and collector roads surrounding the
proposed development, or such surrounding collector and arterial roads
shall be improved so that they will not be'adversely affected.
d. Every residential building shall not be farther than sixty (60) feet from
an access roadway or drive providing access to a public street.
e. All nonresidential land use within the planned unit development (PUD)
shall have direct access to a collector or arterial street without creating
traffic hazards or congestion on any street.
Exhibit C - Staff Comments, page 13
f. Streets in the planned unit development (PUD) may be.dedicated to
public use or retained under private ownership. Said streets and
associated improvements shall comply with all pertinent city regulations
and ordinances.
Staff Finding:
The applicant is in compliance with a, c, d, e, & f. The vehicular access point has
been redesigned to better accommodate the smooth flow of traffic on Highway 82
through the provision of an acceleration lane and a deceleration lane. The
Community Development Director has reviewed the proposed development and
does not forsee any difficulties with the proposed access design considering the
CDOT schematic plans for the area. It should be noted, however, that this
entrance must be finally approved by CDOT and the proposed entryway may have
to be changed. Access to the Pomegranite Condominiums has been
accommodated on site to help preserve the highway's traffic flow. The access
drive has been redesigned to accommodate auto stacking and decision time.. The
Council should, as a condition of approval, require the owner to designate the
interior access ways, especially the access to the Pomegranite Condominiums, as
no parking areas. This designation should be done in an aesthetically sensitive
way.
The Planning and Zoning Commission expressed concerns about the "drop -off'
area's design. Specifically that the "bump- outs" would make it difficult to park in
the designated area and that pulling -out would also be difficult. The applicant has
proposed mitigating this by eliminating the "bump- outs" and possibly
differentiating the "drop -off' area with a different paving material to emphasize
the pedestrian. The Council should, as a condition of approval, require the
applicant to mitigate these'problematic traffic movements, with approval from-the
Fire Marshall, before issuance of a building permit.
STAFF COMMENTS: SUBDIVISION
A development application for subdivision review shall comply with the
following standards and requirements:
1. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding:
The proposed subdivision is consistent with the AACP. Please refer to "Staff
Comments: Amendment to the Official Zone District Map (B), " page 4.
Exhibit C - Staff Comments, page 14
0 . � 1 0
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
Staff Findir .
The proposed amendment is compatible with the surrounding zone districts and
land uses. Please refer to "Staff Comments: Amendment to the Official Zone
District Map (C), " page 1 of this exhibit.
C. The proposed subdivision shall not adversely affect the future
development of surrounding. areas.
Staff Finding:
This subdivision will not adversely affect future development of surrounding
parcels.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this title.
Staff Finding:
Assuming approval of the conceptual and final planned unit development, special
review, rezoning, and the appropriate GMQS allotments, the proposed subdivision
will be in compliance with all applicable requirements of this title.
2. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil
creep, mudflow, rockslide, avalanche or snowslide, steep topography, or
any other natural hazard or other condition that will be harmful to the
health, safety, or welfare of the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed
to create spatial patterns that cause inefficiencies, duplication or
premature extension of public facilities and unnecessary public costs.
Staff Finding:
These criteria apply to the development of raw land. Development on this parcel
will be contained within the existing building envelope and will not present any
condition harmful to the health, safety, or general welfare of the residents.
3. Improvements.
a. Required improvements. The following shall be provided for the
proposed subdivision.
1. Permanent survey monuments, range_points, and lot pins.
Exhibit C - Staff Comments, page 15
2. Paved streets, not exceeding the requirements for paving and
improvements of a collector street.
3. Curbs, gutters, and sidewalks.
4. Paved alleys.
S. Traffic-control signs, signals, or devices.
6 Street lights.
7. Street name signs.
8. Street trees or landscaping.
9. Water lines and fire hydrants.
10. Sanitary sewer lines.
H. Storm drainage improvements and storm sewers.
12. Bridges and culverts.
13. Electrical lines.
14. Telephone lines.
15. Natural gas lines.
16 Cable television lines.
Staff Finding:
The Council should, as a condition of approval, require the applicant to provide
the necessary site improvements before issuance of a certificate of occupancy.
Applicant shall sign a curb, gutter, and sidewalk improvements agreement with
the City. All survey point shall be described on the final plat.
b.. Approved plans. Construction shall not commence until on any of the
improvements required by this Section 26 88.040(C) (3) (a) until a plan,
profile, and specifications have been received and approved by the City
Engineer and, when appropriate, the relevant utility company.
Staff Finding:
The Council should, as a condition of approval, require the applicant to receive
approval from the City Engineer and, when appropriate, the relevant utility
company, before construction of any of the improvements described in a., above.
C. Oversize Utilities. In the event oversized utilities are required as apart
of the improvements, arrangements for reimbursement shall be made
whereby the subdivider shall be allowed to recover the cost of the
utilities that have been provided beyond the needs of the subdivision.
Staff Finding:
Oversize utilities are not required.
4. Design Standards. The design standards set forth in Section 26.88.040
shall be required for all subdivisions.
a. Street and related improvements.
b. Easements.
C. Lots and blocks.
d. Survey Monuments.
Exhibit C - Staff Comments, page 16
e. Utilities.
f. Storm Drainage
g. Flood hazard areas.
h. The design and location of any proposed structure, building envelope,
road, driveway, trail, or other similar development is compatible with
significant natural or scenic features of the site
i. Variations of design standards.
Staff Finding.
a. The proposal is utilizing an existing building and much of the existing paving.
Any additional or re- aligned streets must meet these design standards. The
Council should, as a condition of approval, require the applicant to meet the
design standards set forth in Section 26.88.040, as applicable.
b. A proposed plat has not been submitted. The Council should, as a condition of
approval, require the applicant to submit a draft plat to the City Engineering
Department for evaluation with all applicable requirements of this Section of the
Code, make the appropriate corrections, and record a final plat before issuance of
a building permit.
c. The applicant is not in compliance with criterion # c.5. The Council should, as
a condition of approval, require the applicant to obtain the appropriate approval
from the Colorado Department of Transportation before issuance of a building
permit.
d. The Council should, as a condition of approval, require the applicant to
monument the property boundaries pursuant to this Section of the Code, and
describe all monuments on the final plat.
e. As already stated in this memo, the proposed development will be using an
existing building but utility improvements will be necessary. The Council should;
as a condition of approval, require any additional utilities, or replaced utilities, to
meet the design standards of this Section of the Code. All utilities and easements
shall be delineated and described on the .final plat.
f. The applicant is proposing development within the footprint of an existing
building. Criterion # £2, however, addresses the runoff from the site during a one
hundred year event from the undeveloped land. The Council should, as a
condition of approval, require the applicant to provide a drainage plan compliant
with the "Urban Runoff Management Plan" prior to issuance of a building permit.
Any detention basins, or other such drainage mitigation measures, shall be
constructed prior to issuance of a certificate of occupancy.
g. The subject parcel is not within a special flood hazard area.
Exhibit C - Staff Comments, page 17
h. The proposed building modifications and site improvements are compatible
with the surrounding natural features of the site.
i. The applicant is not seeking a variance.
5. 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 26.48, 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 26.100, Growth Management Quota System.
Staff Finding:
The proposal is 100% affordable housing. The Growth Management Commission
made a recommendation to the City Council compliant with Section 26.100 of the
Code.
6. School land dedication standards.
b. Applicability. School land dedications standards shall be assessed upon
all new subdivisions within the City of Aspen which contain residential
units.
C. Dedication Schedule.
1. Land Dedication. School land dedications shall be assessed
according to the following
schedule:
Unit Type
Land Dedication Standard
Dormitory
.0000 acres (0 sq. ft.)
Studio /One bedroom
.0012 acres (52 sq. ft.)
Two bedroom
.0095 acres (416 sq. ft.)
Three bedroom
.0162 acres (707 sq. ft.)
Four bedroom
.0248 acres (1081. sq. ft.)
Five bedroom
.0284 acres (1236 sq. ft.)
Staff Finding:
The proposal includes thirty seven (37) studio /one bedroom units and three (3)
two bedroom units. According to this schedule, the applicant's school land
dedication shall be as follows: (37 x .0012) + (3 x .0095) _ .0729 acres (3,175.5
sq. ft.)
2. Cash -in -lieu payment. An applicant may make a cash payment
in -lieu of dedicating land to the City, or make a cash payment in
combination with a land dedication, to comply with the
standards of this section. Because of the cost of subdivided land
in the City of Aspen, the School District and Aspen have decided
to require payment of a cash -in -lieu amount which is less than
Exhibit C - Staff Comments, page 18
the full market value of the land area. The formula to determine
the amount of cash -in -lieu payment for each residential dwelling
unit is as follows:
Market value of land x applicable land dedication standard x
0.33 = cash payment.
Payment of cash -in -lieu of a land dedication shall be made to
the City prior to and on a proportional basis to the issuance of
any building permits for the residential dwellings.
Staff Finding:
The proposal includes thirty seven (37) studio /one bedroom units and three (3)
two bedroom units. The land value (as dedicated open space) has been estimated
at $100,000. According to this schedule, the applicant's school land dedication
cash -in -lieu payment shall be as follows:
$100,000 x.33 x [(37 x.0012) + (3 x.0095)] _ $2,405.70
The Council should, as a condition of approval, require the applicant to pay this
$2,405.70 cash -in -lieu payment prior to issuance of a building permit.
STAFF COMMENTS: GROWTH MANGEMENT EXEMPTION FOR AFFORDABLE HOUSING
City Council exemptions that are deducted from the annual pool of development
allotments and from the metro area development ceilings.
b. Affordable housing. All affordable housing deed restricted in accordance with
the housing guidelines of the City Council and its housing designee, shall be
exempt from the growth management competition and scoring procedures by the
City Council.
[T]he application shall be forwarded to the Growth Management Commission for
review and consideration [and then to] the City Council for consideration. After
considering the request, the City Council shall approve, approve with conditions,
or deny the application for exemption.
There are no specific review criteria for the City Council to consider. These units
are deducted from the pool of annual development allotments. The number of
allotments currently available in-this category is:
Standard Maximum Allotment Pool = B + A
Where:
B = base allotment
A = accumulated allotment deficit /surplus (from preceding years; as
compared to base allotment
Exhibit C -Staff Comments, page 19
• •
Standard Maximum Allotment Pool = 43 -base allotment for current year, 96 -97
- 35 - development allotted in current year
+ 42 - allotments not used in 1995
+ 34 - allotments not used in 95 -96
84 Affordable Housing Allotments
The applicant is requesting 40 units of the 84 available.
STAFF COMMENTS: APPROVAL OF THE METHOD
Approval of the method by which the applicant proposes to provide affordavble housing
shall be at the option of City Council, upon the recommendation of the Growth
Management Commission.
The proposed method is 100% affordable housing provided on -site, deed restricted to
Categories 1 & 2. Priority shall be given to qualified seniors for between 24 and 40 of
the units. In absence of a qualified senior, qualified residents shall be allowed to occupy
these units.
In evaluating the applicant's proposal, tha advice of the Aspen/Pitkin County Housing
Office shall be sought in considering the following factors:
1. Whether the city has an adopted plan to develop affordable housing with monies
received from payment of affordable housing dedication fees.
Staff Finding:
The City, through the Housing Authority, has developed an affordable housing plan for
both public and private monies. This project is also taking advantage of Federal monies.
The units produced on this site will potentially be less expensive to develop than other
units that the Housing Authority has produced in the past, due to these potential Federal
subsidies.
2. Whether the city has an adopted plan identifying the applicant's site as being
appropriate for affordable housing.
Staff Finding:
The site is not identified in the AACP as a potential affordable housing site. This is most
likely due to the fact that the building was being used as a lodge when the AACP was
published. Because the site is now available, among other reasons, the Housing
Authority believes this site to be appropriate for affordable housing.
Exhibit C - Staff Comments, page 20
• 1 •
3. Whether the applicant's site is well suited for the development of affordable
housing, taking into account the availability of services, proximity to
employment opportunities and whether the site is affected by environmental
constraints to development or historic preservation concerns.
Staff Finding:
The site is not constrained by historic preservation concerns.
The site is somewhat constrained by environmental concerns. There are wetlands on the
western portion of the property. The proposed development, however, is mostly
remodeling and some reconstruction and will not affect these wetland areas.
The site's location is somewhat removed from employment opportunities. Some
employment opportunities are within walking distance, namely the golf course and
possibly the base of Buttermilk Ski Area. Other employment opportunities are certainly
within a short bus ride, or via a van service if one is initiated. Also to be considered are
the transportation needs of the residents. If the building is to serve senior citizens, they
may or may not require access to employment, but will likely require access to other
activities, recreation, volunteer work, etc., and community facilities which are largely in
the downtown area.
Overall, staff feels that this location is an appropriate proposal for affordable housing.
Category 1 and 2 housing is by far the most demanded housing in Aspen. Providing forty
(40) units in these two categories, although reserved in part for a specific group, is
certainly a step in the right direction. Also, many of the residents of this project will be
moving from existing affordable housing units in town. This turn -over will provide
affordable units to the general population looking for affordable units.
The seniors involved in the planning and approval process have expressed the suitability
of this site for its location, removed from the downtown but still accessible, for its design
as apartments and not as special housing, and for its creation of a sense of commonality
between seniors. Nearby residents that have been involved in the planning and approval
process have also expressed their acceptance of this project.
The character of Aspen is being eroded as the "critical mass" of permanent residents
move away so they can afford adequate housing. Important to this character is not only
the maintenance of an up valley work force but of the prior and future work forces, which
promotes the perception that Aspen is a real town with real people. As a project that
provides housing for area citizens who have contributed over the years to "Aspen, the
Community," this project furthers goals, in the AACP of revitalizing, or at least
maintaining, the permanent population and encouraging a balanced permanent
community.
Exhibit C - Staff Comments, page 21
4. Whether the method proposed will result in employee housing being produced
prior to or at the same time the impacts of the development will be experienced
by the community.
Staff Finding:
By default, the proposed employee housing will be produced at the same time as the
impacts of the development.
5. Whether the development itself requires the provision of affordable housing on-
site to meet its service needs.
Staff Finding:
Because the proposed project is 100% affordable housing, no other on -site housing is
required. There may be, however, an on -site manager associated with the housing
development renting one of the units.
STAFF COMMENTS: WAIVER OF FEES
Pursuant to Section 26.44.060, the City Council may exempt a project that is
determined to be affordable from the park development impact fee. The fee for
this proposed development would be approximately $84,215.
The City Council may also take other actions not delegated to any other
decisionmaking administrative body deemed desirable and necessary to
implement the provisions of this title. The Planning and Zoning fees for this
project are expected to reach approximately $3,500.
Staff recommends that City Council waive the above mentioned fees to improve
the financial viability of the project. Affordable housing projects are
automatically exempt from water tap fees.
Exhibit C - Staff Comments, page 22
0
•
EXHIBIT E
AMENDMENTS TO ORIGINAL PROPOSAL
The original development proposal has been amended. There are now 40 units being
proposed for rental to qualified employees in Categories 1 and 2. Priority shall be
granted by the Housing Authority to qualified seniors for between 24 and 40 of these
units. In absence of a qualified senior, qualified residents shall be allowed to occupy
these units.
The landscape plan has undergone several iterations since the original proposal was
submitted. The original landscape plan showed 43 parking spaces. The new plan shows
only 42. Staff feels this was an oversight and that the parking space next to 91 is actually
the 43rd space. Also, the area between parking spaces 7 and 8 was shown as a parking
buffer in the prior landscape plan. Staff feels this was again an oversight, and this area
should be considered a parking buffer.
Attached are the revised floor plans, a breakdown of the units to be provided, and a new
landscape plan.
•
April 1, 1997
cO i _NTR Y LYN
BREAKDOWN
WEST BUILDING:
•
(16) One Bedrooms at approximately 61-:5 square feet
mozelf,
(11) One Bedrooms ... (6) at approximately 675 square feet at
625 square feet
(') Studios at approximately 330 square feet
the diagram given to Dave Tolen has the incorrect number of
studios on it, some will be combined to form one bedrooms a
more detailed drawing will be provided shortly..
F._=1ST BUILDING:
(3) Two Bedrooms at approximately 775 square feet
(6) One Bedrooms at approximately 630 square feet
(2) Studios at approximately 330 square feet
per John Durso in a phone cunvcrsaciun on April 1. 1997
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MEMORANDUM
TO: Mayor and City Council
FROM: Christopher Bendon, Planner
RE: Aspen Country Inn _A- ffordable Housing Project.
Proposed Amendment to Height Restriction
DATE: May 27, 1997
After holding the worksession to discuss the architecture of the Aspen Country Inn, Staff
recommends the following changes to Ordinance 416.
Section 4, condition #6(b) Maximum Height -- Thirty (30) feet at the peak of original
lobby area, eleven(11) feet at the eastern -most edge of the building, and twenty-
two (22) at the point twenty (2.0) feet from the eastern edge of the building.
Thirty (30) feet for the remainder of the original lobby area. Twenty Two (22) feet
for all other residential wings.
Please refer to site plan and section
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MEMORANDUM
TO: Mayor and City Council
FROM: Christopher Bendon, Planner
RE: Aspen Country Inn Worksession, May 22
DATE: May 27, 1997
In response to comments raised during the Planning and Zoning hearing and the first
reading of the ordinance, Staff invited local architects to an informal worksession to
discuss the architecture of the Aspen Country Inn. Dave Tolen presented conceptual
designs that were prepared for the land use application and then opened the floor for
discussion. Following is a brief summary of the worksession comments:
• There is an opportunity for covered porches along the street facing facade. This is a
relatively inexpensive addition that could greatly improve the livability of the units as
well as the building's overall aesthetic.
The parking should be pulled away from the building at least twenty feet. This will
allow more planting to occur, more room for porches, and possibly an opportunity for
residents to landscape their "front yards."
The present building is a classic motel design with a prominent central element (the
pyramid), the rest of the structure is secondary and very plain. Treatment of the
pyramid section should not try to blend with the background building, but should
remain the most prominent element of the final design. The present language in the
ordinance defining the envelope of the pyramid as the height of this section of the
building is too restrictive to allow a creative element to be designed. This height
should be altered to allow more room for the prominent element while still preserving
the neighbors' sight lines.
If the board and batten skin needs to be replaced, a not -so- monolithic treatment
should be considered which could add interest to the building.
The opportunity to provide covered parking and possibly small storage units
incorporated into a berm between the building and the highway could be considered
in the future.
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MEMORANDUM
TO: Chris Bendon, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: March 17, 1997
RE: /aspen Country Inn Rezoning, PUD, GMQS Exemption & Special Review
Parcel 10 No. 2735 -112- 02-001
She Housing Office is the applicant on this project it is a 100% affordable housing project to
contain 14 Studio units, 21 1- bedroom units and 1 2- bedroom unit. These units wili be Category 1
or 2 ownership units.
This project was submitted with the mix =nsistent with the Housing Board policy_
To: Chris Bendon
From: Ed Van Walraven, Fire Marshal
Subject: Aspen Country Inn ID #27' )5-112-02-001
Date: March 12, 1997
Chris,
This project shall meet all of the codes and requirements of the Aspen Fire Protection
District. This includes but is not limited to the installation of approved fire sprinkler system, fire
alarm systems and provisions for adequate fire department apparatus access.
Please call me if you have any questions or concerns.
(�en Consol clafeo�cSQ121fQfla�rsfrrcf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(970) 925 -2537
Sy Kelly • Chairman
Albert Bishop Treas.
Louis Popish Secy.
March 13, 1997
Chris Bendon
Community Development
00 S. Galena
Aspen, CO 81611
Re: Aspen County Inn Rezoning
Dear Chris:
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
The Aspen Consolidated Sanitation District has studied the line capacity of the collection system
that connects this property to our treatment facility and. determined that downstream constraints
exist. Each project in this drainage area will be responsible for a proportionate share of the costs
of eliminating the downstream constraints.. At the time that our capacity study was completed it
was thought that this structure would be demolished.
Future service . would be contingent upon compliance with the District's rules, regulations, and
specifications which are on file at the District office. The total connection costs could be
estimated once detailed plans are available and the dwelling units are available for inspection.
The existing service line to the current structure must be replaced. A site survey should be
conducted to identify, mitigate or eliminate surface improvements (berms, landscaping, parking
areas, driveways) that impact our ability to maintain the public sewer system which traverses the
site.
Please call if you have any questions.
Sincerely,
6
Bruce Matherly
District Manager
EPA Awards of Excellence
1976 • 1986 • 1990
Regional and National
r -- -
.. •
or
County of - Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 2652.060 (E)
being or an:: - - - -- -
Aspen, personally certify that I have complied with the public notice
Appficanr to the City of -- - -
regniremeats pursuant to Section 2652.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first - class. postage_
prepaid U.S. flail to all owners of property within three hundred (300) feet
of the subject property, as indicated on the attached list. on the -day of
199_xhic:Z is ISdays prior to the ouolic �eanng date of �.
2. By posting a sign in a conspicuous pi acs on he subiect property (as it could be
seen from the nearest public way) and hat the said sign was posted and visible
continuousiv from he _� L day of 199_7'N[ust be posted for
at least ten (10) full days before the hearing date;;. photograph of the posted
sip is attached hereto.
Signature
Ted & Cynthia Bartholow
3837 Caruth
Dallas, TX. 75225
James A. Erickson Erickson Wendys Trust
620 1/2 Orchid Ave
Corona Del Mar, CA. 92625
Jon P. Meredith N Hedrich
1240 Thomapple LN
Northbrook, IL. 60062
Hogg Alberta D Trustee Alberta Trust
1301 Thomas PI
Fort Worth, TX. 76107
Maroon Creek Park City of Aspen
130 S. Galena
Aspen, CO. 81611
Arthur O. & Elizabeth Pfister
PO Box EE
Aspen, CO. 81612
"Barbara Moore Stanford
PO Box 111
Aspen, CO. 81612
Walhart Realty Co. c/o Wallen William IV
PO Box 2484
Aspen, CO. 81612
Scott and Suzanne Miller
PO Box 9705
Aspen, CO. 81612
Gail Bronson Boyd
PO BOX 4130
Aspen, CO. 81612
Barbara Elizabeth Gary
PO Box 7877
Aspen, CO. 81612
Virginia E. & Carlly J. Trust Hedrich
1240 Thornapple LN
Northbrook, IL. 60062
David C. & Margaret R. Knowlton
11 Castle Pines DR N
Castle Rock, CO. 801049008
Minnestoa Rubber Co c/o Shelley Berens
3630 Woodale Ave
Minneapolis, MN. 55416
Pomegranate Development CO co
Kathleen Wallen
901 Southridge Terrace
Northfield, IL. 60093
Tiehack Water Tank Site City of Aspen
130 S. Galena
Aspen, CO. 81611
Genevieve Lee Williams
299 Fillmore
Denver, CO. 80206
Zoline Open Space Parcel City of Aspen
130 S. Galena St.
Aspen, CO. 81611
Sarah Jean Diamond
PO Box 4627
Aspen, CO. 81612
George F. & Marianne Hartnett
240 Old Farm Rd.
Northfield, IL. 60093
Shirley M. Henly
1835 Post Oak PK DR
Houston, TX. 77027
Maroon Creek LLC
620 E. Hyman Ave
Aspen, CO. 81611
John J. Nicholson Guild Management Corpl.
9911 West Pico Penthouse #A
Los Angeles, CA. 90035
Pyramid Estates Inc
10100 Santa Monica Blvd. Ste. 945
Los Angeles, CA. 90067
Waldron K. Brent & Constance Coates
Neligh C. Jr. 50%
720 E. Hyman
Aspen, CO. 81611
Ginn L Williams
160 Cherry St.
Denver, CO. 80220
Joseph T. Zoline
900 Stage Rd.
Aspen, CO. 81611
r
•
PUBLIC NOTICE
RE: ASPEN COUNTRY INN REZONING, PUD, SUBDIVISION & GMQS
EXEMPTION FOR AFFORDABLE HOUSING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 27, 1997 at a
meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by The Aspen/Pitkin Housing
Authority requesting the following land use approvals:
• Rezoning of the property to AH -1/PUD
• Consolidated Conceptual and Final PUD Review
• Subdivision review to separate this property from the remainder of the Maroon Creek Club, and
to ammend the approved Maroon Creek Club Subdivision Plat and Subdivision Agreement to
permit the continued existence of the Aspen Country Inn.
• GMQS exemption for the development of affordable housing units.
The property is located at 38996 Highway 82. For further information, contact Chris Bendon at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5072.
s /John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on May 10, 1997
City of Aspen Account
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. ' - : •
Saturday Sunday, May 10- 11,..1 9. 9 7 • -The Aspen Times Z. I. B
,
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a_
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described above, and all interest of said -
Grantor, the heirs, successors and assigns' of
COUNTY COURT, PITKIN COUNTY, COLORADO,. PUBLIC NOTICE
Case No. 97C145
.
PUBLIC NOTICE
.DISTRICTCOURT; PITKIN COUNTY
.ASPEN, COLORADO
CASE NO. DR 9650- 3:DrvCtRm3
/
PLEASE TAKE NOTICE that the Double X
Quarter Circle Homeowners Association,
Q
.
,,
aid Grant' 'for the purpose of a m the
s p p p Y g
Indebtedness provided in said evidence of d'etit
Nine Judicial District ,
BLICATION AND.CHANGEOF - , . .
ORDERFORPU _
. - - ., VictimsAssi F Law Enfo "rcement
.NAME "' ', `:',
` .SUMMONS FOR: INVALIDITY OF MARRIAGE
AND TEMPORARY INJUNCTION. - ' -
Michael B. Gerbaz, Karen Gerbaz, David
Stutsman, Sunny. Stutsman, Gregory Gerbaz,
and Deed of Trust, attorney's, fees,. and the
_ , , I (VALE)
ALE Fund
IN THE MATTER OF THE PETITION- FOR THE (VALE)
G S:
1.
. In re the Marriage :of: Petitioner,. PATRICIA E. ;,.
Barbara Gerbaz, Jeffry Gerbaz, Rhonda Gerbaz,
expenses of sale, and .will deliver to the .-
a. certificate of purchase', atlas
CHANGE OF NAME OF: Nicole Renee Yoakum, " The VALE Board is now accepting proposals.
, `• The VALE Board "enters into contracts for the
DOWD -VAN OSTEN and Respondent, RICHARD
A. VANOSTEN,JR.
Gina Samuelson, Paul Samuelson, Julie Garner,
Dexter Garier'Richard Stutsman, Jr., JoAnna .
purchaser
provided bylaw.
Petitioner.
ORDER FOR PUBLICATION' purpose of fostering victims and witness
.
% To the respondent named above:.
Stutsman,. a, nd Lisa,A. Stutsman have filed a .
`Date: April 25, 199V-
Court having read and considered the . assistance services and enhancing the
The Co g ,
You are summoned and required to file with
'clerk this
'Petition with the Basalt Water Conservancy
-
First Publication Date: May 3 1997
Last 31.1997
Petition for: Change'. of , Name- and the . -responsibilities of taw enforcement to victims
affidavit; and the Court being of crimes. The source of this funding is the 37% '
.the of court -a: response to' the -
attached petition within twenty (20) days after
District'requesting the inclusion into said
District of the following- described lands
Name of Publication: Tt.. Aspen Times
me of Publication:
'
petitioner's
sufficiently advised surcharge place don fines or a set fee (which
su Y
_
this summons is served on you in theState:ok
,< located in the County of Pitkin, State of
TtiomasCarl Oken , Public Trustee ot the
of Pitkin, State of Colorado
H(; That the allegations made in said petition ever is greater) in county and district criminal
court cases. The Board shall accept'.and"
.Colorado; -or within. thirty, days after this.'
summons is served onyou outside the State of
`Colorado ;towtt
See` Exhibit A ",attached hereto and
, .County
By: Carol G. Foote, Deputy Public Trustee -
. and affidavit satisfy all statutoryrequfrements;
AND THE COURT.FURTHER FINDS; That the' evaluate proposals submitted by or 'on behalf
_
.
- . -
Colorado, or is published.: ..
incorporated herein by reference.
Leslie L Roos, 500 17th Street, Suite 20105, -
desired change of namets proper and not of governmental, law enforcement;, non- profit;
After ninety (90) days from the date of service
.
.Said Petition shall: be heard at the regular -'.
Denver, CO 80202 .
detrimental to the interests of any other person. - or'other, agencies, not excluded,byC.R.S. 244.2 -
or publication, the court inay enter a decree
P
meeting of the Board of Directors of said •
8
Published in The Aspen Times May 3, l0; _17i
IT IS THEREFORE ORDERED: - • 105 (2.5) (a)..
.:man al status dividing marital
affecting your t 8
District on Monday,. May 12, 1997, at .7:30
24 and 31 1992
1: That ursuant to statute, petitioner shall The fundin c cle.is form Jul 1; 1997. -.'
P g Y Y
and awarding custody, child su
property, g Y, PPort ''.•o'clock
P:M. at the Countr Inn, 1920 Cowen
y
give public notice of such change oP name by.:.. December 31, 1997: The projected amount
,
r1 1
maintenance, attorney fees, and costs to the •
.. Dr_, Carbondale,- Colorado, when and where all "_.
NOTICE OF PUBLIC TRUSTEE SALE
publication of'Public Notice three (3) times in , available for this funding is approximately •
legal forthe
1"
extent the court has jurisdiction, :
If you fail. to file.a:response. or enter'your •.
persons.' interested shall appear acrd show
, cause, in writing, why said Petition should not -
Public Trustee No. 97 -I1. _ ;
. The Aspen Times; a newspaper, published $25,000.00. Funds are not guaranteed
in said county. This publication is to be made, ' next funding cycle. The funding priority'is -for ,
,
appearancean this case, any or all of the above .-
,
"be- granted. The failure of any person to'file a .
To Whom it may Concern: This Notice, is
within 20 days of the date of this Order. Proper unanticipated projects; training or. equipment
matters, or any other related matters which .-
written objection shall be taken as an assent to
given with regard to the following. described
proof of publication shall be filed with the Clerk occurring during the regular twelve (12) month
_
. come before this court, may be decided without'
'the. inclusion of the above described lands
Deed of Trust: t
of the Court upon final publication. ,, funding cycle which offer direct services for.
-any further notice to you.
within the District. _Written objections may be
Grantor (Borrower): Adelene Logan Childs
2. That upon proof of publication being filed crime victims. The Board will consider program
'
1.
- -This is an action to obtain a 'decree, of:
filed in advance olsaid meeting by mailing or
Original Beneficiary! United Financial
,with the Clerk of the Court; the name' Nicole costs and expenses including overtime of law:
INVALIDITY OF .MARRIAGE as more- fully
delivery to the Basalt Water' Conservancy .
Mortgage Corp.
Renee Yoakum will'be changed to Nicole Renee enforcement officers attendance.
.
. -: described in the'attached petition, and for
District at 302 Eighth' Street, .Suite 310,
Current Owner of the Evidence of Debt:
Delwiche. Contact the VALE Board Administrator for
)
custody of the following children: N/A ; '"
and for title to the following in state property:
Glenwood Springs, Colorado 81601.
BASALT WATER_ CONSERVANCY DISTRICT
Federal National Mortgage Association
Date of Deed of Trust: April 28; 1995
DATED:'A ril 30, 1997.
P further information and to request grant
Fitzhugh Scott, Ill, Count .Jude - proposal forms. Application deadline is June I,
g Y g .
.
,'N /A� • -
- By: Barbara Mick- Secretary
Recording -Date of Deed of Trust Apnl,28,
,
Published In -The Aspen Times on'May 10; 17 ,... 1997:
.- NOTICE: Section 14- 10- 111 ;'Colorado Revised
Statutes, provides that.upon'the filing of
- EXHIBITA
A parcel of land located'.in Section 6
1995 -
Original Principal Amount of Evidence'of
and 24 1997
JudyMartin ;VALEBoardAdministrator_ -
:
.
: petition of INVALIDITY OF MARRIAGE by the
petitioner, and upon service by publication of.'
Township 9 South, Range 85 West olthe 6th
' ",P M: and Section 1; Township 9 South, Range 86 .
Debt: $170,000.00
Outstanding Prncipal Amount of Evidence of
",' NOTICE OFPUBL'IC HEARING 109 Eighth Street, Suite 308
PLEASE TAKE NOTICE: That the Board of '- Glenwood Springs,.CO 81601
`.the petition and summons on the respondent,
-West otthe 6th P.M.:being more fully described
Debt as of the date hereof: $167,654.74
County Commissioners of Pitkin: County,'
(970) 9455535
or upon waiver. and acceptance of service by
as follows:
County of Recording: Pitkin .
Colorado will, conduct a public hearin on the
p 8
the res onden[, a tern ora in unction shall be
p, P ry'. 1,
_.
.Beginning at the W 1/4 corner,oPsaid•Section -
Book and Pa a -No. or•Rece tion No. of
g P
g p. y;28; 'Published in The Aspen Times May 10, 1997.
followin Resolution at:200 m.'ori Ma P Y
.- in- effect against both parties until the final
g P
,
6; being a brass cap found:in place, thence
Recorded Deed- o(Trust:'In Book 779 at Page
1997 in the Board of'County Commissioners':
decree is entered or the petition is dismissed,-
N00 =52 58 "W 623.32', thence` N54 °16'42 "E
607 at Reception No. 380873 .'
Plaza I Meeting Room; 530'EasCMain Street,
r NOTICE OF PUBLIC.HFARING
`
-:
. or until further order of court; This temporary
injunction becomes an Order of.Court upon,
1214.90': to the Westerly right -of -way line of
:-
Legal Description of Real Property'
P
COT -38,: W /J.RANCH HOMES, FILING 1,
Aspen, Colorado 8161'7, at which time and
all-members of the public may appear PLEASE TAKE NOTICE: That the Board of
.
service by publication or upon waiver and
State Highway #82,,thence along said:R.O.W."
the followfng.courses and distances =5 26 °54E :.ACCORDING
TO', THE PLAT ..THEREOF ,
place
and be heard: County .Commissioners of Pitkin County,
acceptance of service. Either may. apply to
• '570.42, 456.62' along'ihe arc of cu- ' to the - -
RECORDED, MARCH:15 ;1995 IN PLAT BOOK,36
' A RESOLUTION THE BOARD OF COUNTY Colorado will conduct a,public hearing on the
the Court for further temporary orders, an
`
-left. having a radius of 1950.60',,SA -0, 19'E:77..5 "; -
AT PAGE 54•: AS RECEPTION : NO. 379718
-
• COMMISSIONERS OF '- PITKIN COUNTY, following Ordinance at 2:00 p.m. May 28th 1997 1
Pitkin County Board Meeting Room 530 East
expanded temporary injunction, ormodification',
.530.36' along the arc of a curve to the left
"COUNTY OF PITKIN, STATE OF COLORADO'
COLORADO, AUTHORIZING AN INTER - the
or revocatfonunder Section 1414108, C.RS., or:
11
havin g radius oE195000; S 55 °54' E 120.60 -
` "'�VHiCH.HAS THE.ADDRESS OF 221 COYOTE ,:•
GOVERNMENTAL :AGREEMENT BETWEEN THE Main. Street, Aspen, Colorado 81611;:at which
-public
any other appropriate statute.
.a
158.68' along the arc of 'a curve to the left' :'
ASPEN; CO 81611_ - -,
Mime and lice.all members of the may
COUNTIES'OF PITKIN AND EAGLE FOR SNOW P p Y
TEMPORARY INJUNCTION BY, OR OF
having a radius of 1950.000'; the chord of which
THE PROPERTY DESCRIBED HEREIN IS ALL-
°,- �MOVA JN THE FRYING PAN VALLEY : appear and be heard: - ,
- COURT, YOU AND-YOUR SPOUSE ARE:
' bears S61 °10' E; 155.75'. 5 58 °17'09" E 361.36', ,'
OF THE PROPERTY ENCUMBERED' BY THE LIEN..
,•Summary ' AN ORDINANCE OF THE BOARD O_ F COUNTY'
'0,
A Restrained from transferring', encum -"
Bering, concealing, or in anyway disposing,.
without the or an,'
, 567 °, 33'39`.E 447.61', SE. Thence departing from
-, -said R.O.W:, S 00" W 91.01 , thence S 77° '
OF THE DEED OF TRUST
`THE LIEN FORECLOSED MAY NOT BE A FIRST
Currently, Pitkin County and Eagle' County COMMISSIONERS OF. - PITKIN COUNTY,
: maintain separate portions of the. Frying Pan COLORADO RATIFYING AN'AMENDED ESCROW
•
consent of the other party
order of the court, of any nrarital.prop'erty,
,11:59'
31'47" W 552.24',-thence N 74° 43'54" W 684.00', -
whence N 60 "38' 13 "W 228.50. Thence N
LIEN
Federal National Mortgage Association, the
',the.,
Valley roads based ' ap'oi -courity.jurisdiction, . AGREEMENT WITH' . -' "MID- CONTINENT
which has'. been :•determined to be. cost ,:.RESOURCES; INC.
�: j'
'
except in the usual course of business'orfocthe -
necessities of life, and requiring each party -to :'':46
°31'43 ":W'700.00' ;'thence 952 °48_W 31.78;..
-
owner of the Evidence of.Debt secured b Y
Deed Trust described herein, has filed
1 - '
Ineffective. Both Counties believe they could: :'. ORDINANCE #97= .
:- notify.the'other` party of any proposed
to
thericeS21 °0T26 "E21.98,
along'a to the left having a
of -
written election. and demand for'-sa'le'-as '
more efficientl` maintain the roads•b Working
Y Y 8' ',RECITALS', . '
together, and have proposed' an agreement to - -
''
1)
extraordinary, expenditures and account to."
1 xtraordinar .ex enditures
the court for al e p
.Thence- ;curve,
radius, of 19725; the chord of which bears S -19°
°02'38 "W
provided by law and:insaid Deed of Trust.
THEREFORE, Notice Is Hereby Given that 1 ..
y
, set'forth> the respective responsibilities.and . 1. PitkinCounty and Mid-Continent Resources; , .
' the Inc. have a dispute concerning unpaid taxes on''
1
.
-made after the injunction, is in effect;..
Enjoined from molesting or disturbing the.
(B) g
51'43" W`40.49,.theinceS 29 202.33'; .
'therice.451.64' along the arc of a curve to the
will, at,1 ;0100 o'clock. in the forenoo"n•; of
obligations. of each'county regarding
maintenance of the roads in winter months. it ,property' owned by Mid- Continent Resources,
1 B.
:peace of the other.party,and
= ,right having a radius of 427:82'; thence 57 =:
31'49" W '237.61 ", thence N 62 °32'33 "W
Wednesday; June 1'•1,'1997; at,the South front
door; Pitkin County Courthouse, 506 East Main,
Inc-in Pitkin Count
has, been. ens of it is in the best Y• ''
-, interests "of the citizens of Pitkin County and 2.. Pursuant to Ordinance_ #96 -34, Pitkin -
�
Restrained from removing the minor child
(� g;
,.'or children ofahe. parties, if any'from.the state
- -89.
124:21 "; thence'N 61'08'49" W then 14.95',
'Aspen; Colorado, sell atpublic auction to,the
highest and best bidder for cash, the said real
Eagle Count hvin in,the Frying P.anValle to Count
g y' i .g ry g, Y County entered into an escrow
-- -
11
without the consent of,the other part or an
4°
court: ,
;' thence 91.52' along arc of a curve to the left
lhaving a radius 81:11', thence S 54 °12'11" W;
ro ert and alpinterest of the said Grantor s
enter into this Agreernent: agreement in connection with •an- exchange of ,
-•' Copies oftihe entire'Resolution are available -. -.' =certain propertq.,which would result in the
-
:order of the
Date: AUGUST30, 1996 "
-of
75:78', thence 56 13" "along the arc of a curve to
Grantors heirs -and assigns therein ;for the .
O g
for. public.'jnspect ion. at the Clerk and • - United States Forest Service acquiring title to
- • PATRICK'PETERSON,ClerkofCourt
.: -the right having a'radius of 169.27; thence S.
purpose of.payfng the indebtedness provided
[DebtsecuredbytheDeedof
.Recorder's Office, Jeanette Jones, at530 East" `property owned by Mid Continent and located
during
. ;P,ublished in The'Aspen!•Times-on.May3,'10,
'' 73 °1211 "W ;115:28,`, thenceN 12 °06'52" E
'.498.29';to 'containin .
InsaidEvidenceo
Trust, plus attorneys' fees, the expenses of`sale
_Main Street, Aspen, Colorado 81611, in Pitkin County.
re ular business hours. '
17 and. 14, 1992
i_ " -_ "
-
the ointof be innin
. p g g g
60 546 "res moreaorless; have, by these -,
and other items allowed by, law, and -will deliver.
"a11
8 , 3. Mid- Continent has .entered into an
PublishedimTheAspenTimesMaylO, 1997. additional exchange with.theUSFS; and "Mid -,
"'
. --
;ac
presents•laid platted and subdivided the same
to the purchases Certificate of Purchase, -
` Continent and Pitkin County have agreed to
NOTICE OF:PUBLICTRUSTEE'S.SALE.
Into lots 'arid a ricultural o ens ace as shown
g p p
as provided.by law.
THE LAW FIRM OF CASTLE & CASTLE, PCAS
NOTICE TO CONTRACTORS escrow proceeds of the additional exchange `
INVITATION TO BID,
"No. 97 -9.* :
onthfs plat under the name and style of Double .
'.X' Quarter Circle.Ranch Subdivision and due.
ATTEMPTING TO COLLECT A DEBT AND ANY
'.
- pending resolution of the tax dispute. An '.
Pitkin County; Colorado requests bids -from . p 8 p Y
Amended Escrow Agreementreleases an liens
To Whom It :Ma ',.Concern: This,Notfce is
Y
;- iven with' regard''ao'the. following. described.',_
dedicate tottie public rtghtsof- wayand
INFORMATION OBTAINED WILL, USED,FOR
THAT PURPOSE.
qualified contractor`s forthe following project; the :County has'on the exchange property
'
8
'Deed of Trust: -
°::
_hereby
easements sfiown hereon for public use.
Published in The Aspen Times April 26, May 3
P Y
Dated: A ri125, 1997
p
PREPARATION OF FINISHED COMPOST r : described in the Amended`Escrow,Agreement.
Specifications and Instructions to Bidder's will
`[o
Original Grantor of Deed of Trust orrower :
g tB )
and 10, 1992
Carol L. Foote Deputy
be available to interested parties on and after 4 ": Pitkin County wishes ratify the
Joseph H. McCoy and Lillian M. McCoy :.
Public Trustee in and for the
:10:00 a.m.,.local time,.May 12;,1997 at the office Previously authorized Escrow Agreement .
.
,_ Original Beneficiary of Deed of Trust: Arthur,
NOTICE OF PUBLICTRU$TEE'SSALE
;County of Pitkin Colorado.
of,Pitkin County Public Works, 76 signed on its behalf`by the-Pitkin County,- -
_B. Trentaz and,Amelia Trentaz •
No.'97 -10
First Publication: May 3, 1997'
Center Road; As en; C0.81611; hone` 970 Attorney's -0ffice,.and to confirm the release of
P P C )
Current owner of, the evidence of debt
*:-
To Whom It May
y;Concern: This Notice is..
Last Publication: May 31; 1997
. ,
9205215. " any, tax lien on the property.
- I � -
i
secured by the Deed of Trust: Robert Colman...
ra . . ',
Trust Dated April 28, 1993
'given with regard to -,the following._described:
Name of Publications The Aspen Times
- Attorney: Castle; &Castle; P.C.
Bids will be received until 4:00 -p.m:; local WHEREFORE, ' the Board .of County
Commissioners of Count 'Colorado,
•
I
:.Date of Deed of Trust:. June 8, 1994
Deed -of Trust:
Original, Grantor (Borrower): Thomas' E.
Caren Jacobs Castle ;
,time, Ma 19;7997 atthe Pitkin Count Public Pitkin .
Y Y Y
Works. office, at which time.and placebids will hereby-'ratifies the previously authorized „
`
Recording Date of Deed of Trust June 9, 199 4
Maynard
1099 18th- Suite 2300 -
11
.beopened,publiclyand read. Escrow Agreement signed by the PitkinCounty,
.
!
Count oLRecordin :Pitkin• :"
y g -
Reception No. of Recorded Deed oFTrust:
'Original Beneficiary: Charles ,E, Frederick'& :.
B . ry
Denver;,Colorado80202': '
(303) 296 5251
Bidder's shall be required to provide'.a - Attorney's Office, and confirms the release of
' 'any described in
,.370911
Jill F. Frederick ;
performance bond And labor and material tax lien on the real property .
. R
Current the Evidence Debt
Published in The Aspen Times May 3 10 17,
_
'payment bond In the amount- of`100% of the bid the:Amended Escrow. Agreement..
-
Book and Page of Recorded Deed of Trust
g • -- `-
Book No. 752, Page No: 881.
.'- ,Owner,of -of
- 'Secured by the Deed.of Trust: Charles E
2 4, and 31 1997
'•'
price. All work shall be completed.by August . Copies available .
o[ t ire Ordnance re ova
hnspection,,at
-
YOU ARE HEREBY' NOTIFIED that Robert"
Frederick &Ji11F.'Fr`edenck -_ ):.` . , , ; :'
11
February
Date of Deed ohTrnst:,Februa 22, 1991.-
15, 1997. +. or ,public theaClerkl and :
Miles Stotts, Resource Recovery Manager, 76 Recorder's Office Jeanette Jones, at 530 East'
11 I
- Colman..Trust Dated April 28 1§93,'as'the legal
`. owner of an evidence ot,debt, the original:,
.;
Recording Date, of Deed Trust March.4 i"
1.
NOTICE TO CREDITORS ' '
O'GARA; Deceased
Service Center Road,'Aspen, CO 81611 (970), _ Aspen, C
- _
,' Principal of which was $900,000.00 ;and which is
b the Deed of Trust described-above, -
1991: ... . - " ; , - _ "
, County,of Recording. PitkmLounty
Mate of'MARGARET.SUSAN
q - Case No; 97PR7 - _
' the
92P Published In The Aspen3T Times May 10, 1997: -'
_ AX: {970):92 Published inThe Aspen Times May 10, 1997:
-
-
.
.secured Y
= :has '.filed•written election and demand for sale
Rece ti and /or FiGn No. of Recorded Deed -'.
p ,-
All persons having claims against above
named estate are're uired:to resent them to
q p
I
as provided in said Deed of Trust. The
of Trust: 330692 -
Book and Page of Recorded Deed of Trust `
'the undersigned- toahe'(DistrictCourt of Pitkin
PUBLIC NOTICE .
_ I
CITY ORASPEN PUBLIC AUCTION ` '
outstanding principal balance'due and owin
g P P 8 ,
upon the evidence of debt secured by %the
. -
' . Book No. 640, Page No. 788 > ':.
"County; Colorado) on or before August 8 1997,
or the daimsshall be forever barred --.
IN'CONFORMITY WITH SECTION 24:08,060'OF THE MUNICIPAL CODE'OF THE CITY OF- ASPEN, AND
above ..described. Deed of Trust being
YOU AREHEREBYNOTIFIEDthatthe :owner
Mary Margaret O'Gara
UNDER THE AUTHORIZATION OF THE COLORADO REVISED STATUTES 1973, SECTION 42- 4-1103 AS'
�q
-' foreclosed is $900,000.00 as'of A April 4, 1997: "
P
" of ;an evidence of debt; the original' principal , :
amount of which was Two Hundred Forty-Seven
0334'Handy Drive ;
'AMENDED, A PUBLIC'• AUCTION OF THE - FOLLOWING' IMPOUNDED VEHICLES WILL BE .
HELD ON SATURDAY, MAY' 10, 1997 AT •THE COUNTY DUMP (NINE, MILES WEST OF ASPEN ON ,
a ]
.' . The following- described property is all of the
property encumbered by said Deed of Trust:
35 /100
Thousand Seven Hundred Thirty -Five 3$/100
Carbondale, CO 81623
Published in the Aspen Times April "26, May 3 ;
. .
HIGHWAY 82 . THE GATE WILL OPEMAT 9 A.M. FOR INSPECTION OF THE VEHICLES. THE AUCTION '
)
�/
See Exhibit A attached hereto and bythis,,
dollars and'which_is secured by the Deed of
l0 and.17, 1997:
.
WILL BEGIN PROMPTLY'AT 10:00 A.M. AND THE IMPOUND. LOT WILL BE OPEN UNTIL 2:30 P, M.
"GATE
'fir'
.
,
• -1
reference incorporated herein.
Trust described above, has filed written
AL.OF VEHI LFS.•THE MAIN DUMP CLOSFS'AT4P.M.'
FOR REMOV C
election and demand for sale as provided in
- „
s - FOLLOWING IS A LIST OF VEHICLFS,TO BE SOLD'AND TERMS, OF THE SALE: _
THE LIEN OF THE -DEED OF> TRUST, TO BE
said Deed of Trust. The outstanding.principal
. -PUBLIC NOTICE
" ABANDONED VEHICLES- AUCTIOMMAY 10, 1997 _
FORECLOSED MAY NOT BE FIRST.LIEN
;balance due apd. owing upon the evidence ;of"
1 -; ..; REQUEST FOR PROPOSALS
, _
Auction #Year: Make - .Body Model 'Plate #' _ VIN Re istered Owner.
THEREFORE NOTICE IS,HEREBY GIVEN thafl
debt secured' by the above described :Deed of
Pitkin County will be'accepting.pioposals
L. . `•_1986: 'Yamaha M/C XT350 ' 'no plate JYA57TO04GA007648 . Thomas Henning, .
.
will, at 10:00 o clock a.m., on the date of May
Trust'beingforeclosed is $238,928.73 as of April ,
.from interested pakks'foithe engineering and
- .2.: : .1986- Yamaha -. M/C -XT350 ', : no plate JYA57TOOXGA007590 Ian Taylor
28, 1997, at the south front door of the Pitkin
1;1997.
construction'of HEATING VENTILATIONAND •
I -''3.° ' -. MadcoTiafler none none ` unknown'"
County Courthouse, 506 E. Main. Street, Aspen
The real.property' being foreclosed is All-of "
- AIRCONDITIONING for the following buildings,
4. , 1987- Buick . -CP Somerset;__:UEL7712 1G4NJIlU3HM050367' Walter,Mctlhenny
1. Colorado,.sell'atpublic auction to the = highest
th'e property.,encumbered by. said Deed: of
'Courthouse -Plaza -arid Health and -Human
_ 5.. :' _ 1983' Ford CP EscortGL : - .EVY765 1FABP0521DW159374! Carlos Contreras -'
-
. and best bidder•forcash,`the. real; property
',- .Trust; and is described as follows:
Services; PitkinCounty :will accept the sealed
,: 6. `'' 1989 Chevy HB Geo Metro` ETW3879'JGIMS2169KK752418 Kaci'M. Drakulich
-described .above,,and all interestof''said
• `Condominium Unit 112, Building -1, also.known .
.proposals at the Office of P.ublic.Works, Fleet
-..'7: 1973 International UTScout:11, ENW003 '3S8S8CGD35425. Larry.Hert'. -
Grantor, the heirs„ successors. and assigns of
-,,as Building ,100;, HUNTER CREEK CONDO -
.Service Center, 076 Service Center Road, As
-
8. - . 1960 VW :CV , •-. ' ABH7797 '2691687' - . _Donnie Vigil ,.
said Grantor,'for, the,purpose:of paying the'
'. MINIUMS, ^. PHASE 1, according to the .:
Colorado, until. 12:00pm:oii Wednesday, May
,
", 9.. 1968 'VW', •2dr 51G35 118270251KaseyTuttle -
.
,= indebtedness. provided- in.said: Note and; Deed" ='
• :of:.Trust, the:expenses of
- -Condominium Map thereof, iecorded June 26, _
21. At 12:00_ m on that same date; all proposals
p
:, 10.; : , 1985. Plymouth-SD. _Horizon' VXA3478 1P3BM48C7F'D103954 ' William J. Burns • .'
`21`1)1.187- `. '.'. ' '. Michael J. Burke
-
attorney:s•fees;.and
`the
.,19801n Plat Book 9, at Pa e82 as Rece tion'No.
g P
"
will be openedpubiicly'atAhe Public' Works
11. • 1970 aVolvo . ' -SD . VC244SE1124382 .:
sale; and .will :deliver, to purchaser• a
Purchase, all bylaw: ''-
224957; and.Supplemental Condominium Map
I,
Office: Proposals shall consist of:
. :12. - `' 1983 Peugot `: SD :no plate'- VF3BA1165DS333261 " "'no record*** ,
'` ` ' Linda L. Colonna'
'Certificate of as provided
for. Hunter'Creek ;Condominiums, Phase
- ,ENGINEERING AND; CONSTRUCTION'OF..
^. 'd3:. 1981.: Ford. SW • Fairmont',' ETX6031• IFABV23BOBK172202 _ .
.
',,Date: April, 7,•1997: ,'• _... , ; , '
, ,. Buildings 2,3 and 4; recorded October 15,1986
HVAC SYSTEMS AT THE -- PtTKIN COUNTY'
: ' 14.' :;1982, Subaru -.' SW. .VCS761, - ;' ;.JF2AM53B2CE454245 `:- Kelly Kamens -
11
)
-. first Publication Date: April 19 1997
. In Plat-Book 19, at.Page.14 as Reception °No.
COURTHOUSE PLAZA'AND HEALTH AND .
- 15. , .198i Nissan. - CP.. QTA78Q JN1HS36P7KW006173 : - Allen /Neil Tishman
' Last Publication: May 17,;1997: , - .
°'282352 and the Supplemental Condominium
_
HUMAN SERVICES BUILDINGS
16:. 1986 Ford ':•:, CP ; Escort - USN2152 2FABP3197GBI23327 '- Robert/
-
.
` Thomas Carl Oken;
; Map' for, Hunter Creek Condominiums •Phase 1 ::
.Proposals shall be submitted on the forms""
" . ' - Stacy'Courtney.
-
?Public Trustee of the Countyof Pitkin; Colorado'
'Building 1, recorded April 44, 1987, in plat Book
supplied by Pitkin: County. Proposal forms;..
17. ; ' 1977 Dodge .. - Van Tradesman 200 VCN384 B2IBE7K203999... .- William Linse -
By: Carol L. Foote; Deputy Public Trustee.
19-at Pages 52 and 53, as. Reception No. 287726
instructions to .proposers;' technical
18 - ::r 1986 Audi' ;' ".' SD. ` ;= .Quattro °_ ., VBS2O4 WAUFBO850GA091924 Eric A: Vollman
EXHIBIT A '
- and as further defined and described in the =
,"
specifications and' other necessary documents'.
' 19. - . 1975. Volvo , SD 264GL' • - 796VSQ VC26465Li057301' . - Catherine A
A tract of land being part of Lots Eleven (I1)
'Condom inium.Declaration for Hunter Creek
will be available from the' Public'.Works
- Bouchard:
and Twelve (12) Block One Hundred Two (102)
Condominiums; Phase 1, recorded November
"23;
Department at 076 Service Road; Aspen
. -20. 1975 International UTScout 11 - EVTl13 • . E0062EGD3068.5 Earl Rodgers
':5944851
t,, -
`!
'Hallam's Addition to- Aspen,.Colorado. Said
' 1983 in Book 456 at Page 166 as Reception
,Colorado; after 12:00 pm Monday, May 5 1997.
.21.' :1964 VW , : '2If , : , ETX5568 Circe Kolleck ',
%
��� '
tract is more fullydescrtbed as follows:
No.'255205; First Amendment thereto reco deal
Proposal packets will be mailed upon request
, ':TERMS`OFSALE ` ` .. .
///
Beginning at:a point.on the North -South
February 5, 1986 in Book 504 it Page.96
Reception No. 275432 and Second Amendment
by contacting Scott.Mackey, Procurement,
14
'Officer
- ..'1. Ali vehicles sold as is; where I"
All sales final.
.
center line of said Lot 11, whence the BLM
Brass Cap marked "RM 43.65 FT 1965" at the
,
''thereto recorded April 4, 1986 in Book 508 at
at (970) 920.5763.'
Published in The AspenTimes.on May 3?and
2.
. - "'3: No.vehides sold to persons under2l,years of age.. -
Northwest corner" of North Street and Fourth`
: . Page 375 as Reception No. 276984 and Third •
10, 1992 - " ' :'..
" ; 4. No,vehide appraised $200 or less can obtain title.
Street bears N 85 °34'41" W 436.67• feet to this
Amendment thereto recorded May 27, 1986 in .
'
, 5. MINIMUM'of $25.00 on vehicles . . -
-
p lace of beginning; thence South 87°19'30" E
Book.5ILat Page 573 as Reception'No. 278251
. '- , PUBLIC NOTICE -, --
',' 6:'Cash; money: order, cashier's checks, it raveler'Sr,checks, and local checks with proper
61.88 feet to the East line of said Lot 12; thence
and Supplemental Declaration thereto recorded
PP
REQUEST FOR PROPOSALS TO PROVIDE'
.identification are acceptable (MUST PRESENT 2 FORMS OF.ID: One photo.ID such'-as Driver's:
around a curve to the left whose radius is
; ..October 15, 1986 in Book 520 at -Page 688 as
pITKiN COUNTY WITH ARCHITECTURAL
License and a•major credit card) `,
^"558.OS. feet a distance 01108.09 feet to the
Reception 'No. 282351;' and - Second
SERVICES FOR THE PITKIN- COUNTY'AIRPORT
NOTICE TO CHECK'WRITERS'- <
Southeast corner of Lot 12, said line being
Supplemental Declaration thereto recorded'
SECURED BOARDING EXPANSION
IF YOU ARE UNABLE :TO. PROVIDE IDENTIFICATION AS STATED ABOVE AT THE'TIME OF
.bea
adjacent to Lake - Avenue, (chord bears S,
adjacent Lak
,April 2, :1987 in Book 532 at Page 702 as
Reception No. 287397, and Fourth Amendment
- Pitkin Countywill accept proposals from
PAYMENT,-YOUR CHECK WILL NOT. BE�ACCEPTED' ANf3THEVEHICLE WILL BE :REAUCTIONED.=
All receive "6111 of-Sale" upon' of payment to the City of Aspen
E feet); thence North 11"
West 88.56 feet along the South line of Lots 11
thereto recorded July 14, 1994 in Book 755 at-
interested parties' to provide architectural
services for the Pitkin County'Airport Secured
, -.7: vehicles sold will a - presentation .
and upon removal'of the vehicle from the Impound,Lot'and the County Dump., ' -
and 12 to the North -South center line of Lot 11;
Page 489 as Reception No. 372086. . .
Boarding Expansion, Aspen, Colorado: More
' 8. All vehicles must be paid for at the time of the auction J-
'
thence North 85.47 feet along the North -South
County of Pitkin, State of Colorado '-
. detailed information may be-obtained by
'. - 9. The (fly of Aspen reserves the right to bid on and buy any vehicle. The City may refuse any
center line of Lot I I'and parallel to the east and
also known by street and number as: 112 Vine.
contacting: ` -
and all bids and "maintains the right to buy:anyvehicle to the Auction as.first right. , ,
.
west boundary lines of Lot I to the point or
Street, Aspen, Colorado 81611.
;..Temple Glassier, Project Manager; Pitkin
10. Youwillbe required; to. remove vehicles by 2:30 p.m. on the day of the auction, so. please
.
_
-
beginning.
, THE LIEN OF THE DEED OF TRUST TO'BE
County Administrative Offices, 530 East Main
: make advance arrangements for removal of vehicles.
Basis of bearings: North line of Block 101 of
uF.ORECLOSED MAY NOT BE A FIRST LfEN'
SL; 3rd Floor Aspen, CO 81611 (970) 920 521 I
11
11. The dump fs closed on Sunday. -
East 250.00 ft between rebars with yellow
THEREFORE, NOTICE IS HEREBY GIVEN that 1
Proposals must' be received" at :the
. 12. If you abandon a vehicle on City or County property, you wfll.be prosecuted foCabandoned
plastic caps "9164 and 9018 ",
will; at 10:00- o'clock'a.m., on the date of June :
Administration office no later than 2:00 p.m.,
- vehicle under'section CR 18.3 -106. ' ;
_
PITKIN COUNTY, STATE COLORADO
. 11, 1997; at the'south front door of the Pitkin
MDT, on May 13,1997, to be considered.
. 13. The vehicle must be removed irom:th'e, impound lot before it can be stripped for parts; you
"County
Published in The Aspev,Times April 19, 26
.. _ - _ - . .
. County' Courthouse; 506 E. Main Street, Aspen,
. /�„1:.�...1.. well of ..,,n.l:r �,;rfinn fn fha hiohnct
Published in The Aspen Times May 3 and 10,
.nn, . . - - - ..
may dispose of the vehicle afterwards by signing the receipt over to the Dump." ,
1),.1 I-4i -A :., Thn Ate, T:...o�'A..r:l 99 M Z anri In 1447 .. -
`�'1j�-
right Pursuant toTttle29,ArtIde6X CRS. N
NOTICE IS HEREBY GIVEN that a public
Jeanette Jones, Deputy County Clerk h
hearing will ix held on Tuesday, June 10, 1997
PUBLIC NOTICE I
Immediately following the Growth Management
RE 1008I_ HOPK INS — LANDMARK DESIGNATION C
Planning and Zoning Commission, Sister Cities
hearing will be held on Tuesday, May 27, 1997 M
Pen. to consider 1 application submitted by
Aspen City Council, City Council Chambers, G
1429. eq s L
an application submitted by Arthur Bellis (960 u
vale: r
E. Hopkins Ave., Aspen. CO), requesting m
a S
property is located at 1008 E. Hopkins, and is t
the Ong theatres;
• GMQS Exemption for the affordable units;
described as beginning at a point 12 feet west
• ,
of the northeast corner of Lot L. thence •
, to establish R
southeast comer of Lot I. thence southerly to r
reduce a e
the northeast corner of Lot D; thence westerly T
residential GMQS y t allotment, which will be
information, contact Amy Amidonat the Aspen/ c
Commission.
Pttkin Community Development Department, C
The property is located at 625 East Mann
Wolin Bennett. Mayor S
the east 10' of Lot D, Block 98, City and
Aspen City Council t
Towesite of Aspen. For further Information.
contact Suzanne Wolff at the Aspen /Pitkin
PUBLIC NOTICE
Community Development Department, 130 S.
RE. ASPEN CLUB TEMPORARY USE PERMIT G
Galena ' � • CO (970) 920-5093.
NOTICE IS HEREBY GIVEN that a public s
Aspen
a meeting to begin at 5:00 p.m. before the P
Aspen City Council, City Council Chambers, P
PUBLIC NOTICE
City Hall, 130 S. Galena St.. Aspen. to consider R
RE: CROSSI.AND MAJOR PLAT AMENDMENT
requesting approval for temporary use of an h
hearing will be held on Wednesday, June 11,
outdoor tent for exercise classes during 1
1997 at a regular meeting to begin at 3:00 pm
construction at The Aspen Club. The property b
before the Board of County Commissioners•
described as Lot 15, Callahan Subdivision. For A
Aspen to consider an application submitted by
further information, contact Chris Bendon at R
RL Crossland requesting subdivision exemption
Department, 130 S. Galena St:, Aspen, CO. (970) a
approved building envelope to accommodate a
920 -5072. p
proposed addition to the existing single family
Aspen City Council _ !
! =Ranch Road, and is described as Lot I8, Lazy-O
Suzanne Wolff at the Aspen /Pitkin Community
NOTICE I
I S
\ SUBDIVISION & GMQS EXEMPTION FOR o
public inspection during regular business hours
AFFORDABLE H
n the Office of the Clerk and Recorder, 530 East
M
hearing will be held on Tuesday. May 27. 1997 m
at a meeting to begin at 5:00 P.M. before e
Aspen City Council, City Council Chambers.
City Hall, 130 S. Galena St., Aspen. to consider
an application submitted by The Aspen/Pitkin
Housing Authority requesting the following
land use approvals:
• Rezoning of the property to A14-1/PUD
• Consolidated Conceptual and Final PUD
Review
• Subdivision review to separate this
property from the remainder of the Maroon
Creek Club, and to amend the approved
Maroon Creek Club Subdivision Plat and
Subdivision Agreement to permit the continued
existence of the Aspen Country Inn.
• GMQS exemption for.the development of
affordabfe housing units. The property is
located, at 38996 Highway 82. For further
information, contact Chris Bendon at the
Aspen /Pitkin Community Development,
Department, 130 S. Galena St., Aspen, CO (970)
920.5072.
' s /John Bennett. Mayor
Aspen City Council
Published in The`Aspen Imes May !0. 1997.-
PUBLIC NOTICE
RE: RINGSBY CONCEPTUAL NOTICE IS
HEREBY GIVEN that a public hearing will be
held on Wednesday, May 28, 1997, at a meeting
to begin at 5:00 pm before the Aspen Historic
Preservation Commission in the Sister Cities
meeting room, basement of City Hall. 130 S.
Galena Street, Aspen, Colorado, to consider an
application submitted by Don and Karen
Ringsby requesting HPC Conceptual approval
for an addition to their house at 514 N. 3rd
Street, Lots 1 and 2, Block 40, of the
unrecorded Hallam's Addition to the City of
Aspen, Colorado. The addition will require a
site coverage variance of up to 5% and a waiver
of some elements of the Residential Design
Standards. For further information, contact
Amy Amidon at the Aspen/ Pitkin Community
Development Department, 130 S. Galena St.,
Aspen, CO. (970) 920 - 5096.. -
s /Jake Vickery, Chair
Aspen Historic Preservation Commission
Published in The Aspen Times May 10, 1997.
PUBLIC NOTICE
RE: STAGE 3 METRO RESIDENTIAL GMQS
SCORING NOTICE IS HEREBY GIVEN that a
public hearing will be held on Tuesday, June 10,
1996 at a meeting to begin at 5:00 p.m_ before
the Growth Management Commission, Sister
Cities Meeting Room, City Hall, 130 S. Galena
Jeanette Jones, Deputy County Clerk
s /Bill Tuite, Chair
Board of County Commissioners
Published in The Aspen Times May 10, 1997.
PUBLIC NOTICE
RE: KIRK CARETAKER DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public.
hearing will. be held on Wednesday, June 11,
1997 at a regular meeting to begin at 3:00 pm
before the Board of County Commissioners,
Plaza One Conference Room, 530 E. Main St.,
Aspen to consider an application submitted by
Justine R- Kirk requesting approval for a 1000
square foot.Caretaker Dwelling Unit. The
property is located at 0059 Magnifico Road, and
is described as Lot" 14, Block 2 of Pitkin Green
Subdivision. For further information contact
Francis Krizmanich at the Aspen /Pitkin
Community Development Department (970)
920 -5103. Copies of the proposed Resolution
are available for public inspection during
regular business hours in the Office of the Clerk
and Recorder, 530 East Main Street Aspen,
Colorado 81611. Phone (970) 920 -5180.
Jeanette Jones, Deputy County Clerk
s /Bill Tuite, Chair
Board of County Commissioners
Published in The Aspen Times May 10, 1997.
PUBLIC NOTICE
RE, DAVIS MAJOR PLAT AMENDMENT
NOTICE IS HEREBY GIVEN that a public
hearing will be held on Wednesday, June 1 1,
1997 at a regular meeting to begin at 3:00 pm
before the Board of County Commissioners,
Plaza One Conference Room, 530 E. Main St..
Aspen to consider an application submitted by
Robert Davis requesting approval of a
Subdivision Exemption for a Major Plat
Amendment for a Lot Line Adjustment among
lots 14. 15 and 16, of the Crystal River Park
Subdivision. The applicant proposes to realign
the three lots into one lot. The property is
located at 312 Crystal Park Drive, and is
described as tots 14, 15 and 16, Crystal River
Park Subdivision. For further information
contact Lance Clarke at the Aspen /Pitkin
Community Development Department (970)
9205452. Copies of the proposed Resolution are
available for public inspection during regular
business hours in the Office of the Clerk and
Recorder, 530 East Main Street Aspen, Colorado
81611. Phone (970) 920.5180.
Jeanette Jones, Deputy County Clerk
s /Bill Tuite, Chair
Board of County Commissioners
Highway 82, kno-
and.
WHEREAS, th,
rezoning of the
Planned Unit 1.
(Affordable
Development)
application for r
Unit Developrr.
approval, Specia.
the parking regi
the competition
Growth Managen
the method In w'!
to be provided,a
and park develop.
WHEREAS, the i
the development
all applicable pro
forth in Sections :.
26.58, 26.64. 26.6
the MunicipatCoc
WHEREAS, .ur
applicant's reque
PUD review to h
Planning Direc.
Planning and
recommended tc.
review process; a
WHEREAS, :
Commission -co;
March 8, 1997, In
of the Munic:
considered the
accordance with
Sections 26.52
Code, and made
Council in accor
the Municipal Cc: .
WHEREAS. t
Commission cc.
April 29, 1997, in
of the Munic
development pr
applicable pros:
forth in Sections
26.88, and 26.
approved, with
to establish th-
recommended
Amendment to
Conceptual
Development
approval, with c,
WHEREAS, t
reviewed and c
proposal under,
Municipal Code
26.44, 26.52, 26.
the Municipal.
considered th
approvals as
Management C,
Zoning Como
Authority, and h.
comment at a p,
WHEREAS, the
step. PUD revie•-
and serve no p
consolidated F
more approprW
WHEREAS, th.
development p
applicable deve
approval of th,
conditions, is
elements of the
and
WHEREAS. it
Ordinance furti
health, safety. .a
NOW: THERE.
CITY COUNC!
COLORADO as
Section 1:
That It does he
Official Zone
parcel, as desc
PUD (Park -Plar
PUD (Afford;
Development).
Section 2:
The Official Z(
Aspen; Color
amended to re!
in Section I ab,
Section 3:
Pursuant.to S
Code. City Coo
process -woui
public purPW
two step PUD
Section 4:
Pursuant to S,
26.88, 2692•
conditions of
the City Coon
amendment t
Planned U:
Subdivision
Growth Mana
Christopher Bendon
Aspen Community Development Department
130 South Galena
Aspen, CO 81611
Re: Aspen Country Inn
Dear Chris,
Housing Office
City of Aspen /Pitkin County
530 East Main Street, Lower Level
Aspen, Colorado 81611
(970) 920 -5050
Fax: (970) 920 -5580
Attached are the following related to our Rezoning/PUD /Subdivision application for the
Country Inn:
21 copies of revised floor plans and elevations
1 copy of floor plans with external floor area calculations
As you know, the project has been revised at the direction of City Council to include 40
units, to be rented to seniors and non senior households, based on a future agreement with
the neighboring homeowners. Still to be provided is a revised landscaping plan.
I have been unable to find a traffic engineer able to give us an opinion on the entrance
within our time frame. I would suggest that, as a condition of approval, we will provide
such an analysis and an agreement with CDOT as to the appropriate configuration for the
entrance. Perhaps we can discuss this at P &Z.
Please call me if you should need any additional information.
Dave Tolen,
Executive Director
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT
APPROVAL, SUBDIVISION APPROVAL, APPROVAL OF AN AMENDMENT
TO THE OFFICIAL ZONE DISTRICT MAP, AND SPECIAL REVIEW
APPROVAL FOR THE ASPEN COUNTRY INN AFFORDABLE HOUSING
PROJECT, 38996 HIGHWAY 82, CITY OF ASPEN, COLORADO
Resolution #97 - 10
WHEREAS, The Aspen/Pitkin County Housing Authority, represented by David
Tolen, Director, (Applicant) submitted an application (development proposal) to the
Planning Office to develop forty (40) fully deed restricted dwelling units on a 3.9 acre
parcel at 38996 Highway 82, known as the Aspen Country Inn; and,
WHEREAS, the applicant requested a rezoning of the parcel from P -PUD (Park -
Planned Unit. Development) to AHl/PUD (Affordable Housing - Planned Unit
Development) in conjunction with an application for Conceptual and Final Planned Unit
Development approval, Subdivision approval, and Special Review approval to establish the
parking requirements; and,
WHEREAS, the Planning Department reviewed the development proposal in
accordance with all applicable procedure and review criteria set forth in Sections 26.28,
26.32, 26.52, 26.56, 26.58, 26.64, 26.84, 26.88, and Section 26.92, of the Municipal Code;
and,
WHEREAS, the Parks Department, the Engineering Department, the City Water
Department, the Fire Department, the Environmental Health Department, the Aspen
Consolidated Sanitation District, and the Roaring Fork Transit Authority reviewed the
development proposal in accordance with all applicable requirements; and,
. WHEREAS, upon consideration of the applicant's request to consolidate the four
step PUD review to two steps and considering the Planning Director's recommendation, the
Planning and Zoning Commission reviewed the conceptual and final planned unit
development concurrently; and,
WHEREAS, The Planning Department recommended two additional conditions of
approval, numbers 24 and 25, during the public hearing; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing on
April 29,. 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the
development proposal in accordance with all applicable procedures and review criteria set
forth in Sections 26.28, 26.32, 26.52, 26.64, 26.84, 26.88, and 26.92 of the Municipal Code,
and approved, with conditions, by a 6'= O,vote the Amendment to the Official Zone District
r
Map, the Conceptual and Final Planned Unit Development, the Subdivision, and the Special
Review to establish the parking requirements.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conceptual and Final Planned Unit Development, Subdivision, Amendment to
the Official Zone District _Map, and Special Review are approved with the following
conditions:
1. The following amendments to the approved Final Plat and PUD for the Maroon Creek Club,
Book 33, Page 4, and to the Subdivision Improvements Agreement for the Maroon Creek
Club, Book 730, Page 608, shall be made.
A.
In Section 2. (which begins on Page 2 of the agreement) the "Description of Project"
shall be amended to include on Page 4 a new item (iv), to read as follows:
"(iv) Affordable Housing. On the south side of Highway 82, the Aspen Country
Inn shall be remodeled into an affordable housing project, consisting of
approximately forty (40) multi- family rental units, including four (4) studio
units , thirty-three (33) one bedroom units, and three (3) two bedroom units. ".
B.
In Section 3 (which begins on Page 5 of the Agreement) the "Project Construction"
shall be amended by the addition of the following language to Section (a):
"All direct and indirect references to the demolition of the Aspen Country Inn
(including the direct reference in Section 3.b) shall be deleted and shall be
replaced by approval to convert the Aspen Country Inn to affordable housing,
with development associated with said conversion anticipated to occur.during
1997."
C.
In Section 15 (which begins on Page 14 of the Agreement), subsection (e) shall be
amended as follows (new language in bold, language to be deleted has been stfueli
out):
"Upon deien final approval of this PUD amendment by the City
Council and filing of all'appropriate documents with the County Clerk and
Recorder, of the Aspen G,,unti., !a and provided eh , is Fiat l.,*o esto .ed
in aeeer-danee with c etien 7 1.13 „f the Code, that certain Agreement dated
June 1, 1981, and recorded in Book 431 at Page 221 (and exhibits thereto)
between the County and James A. Latham d/b /a Pomegranite Inn shall be
terminated and extinguished."
This same amendment shall be made to Plat note #20, filed in Plat Book 34, Page 23.
All changes to said documents shall be reviewed by the City Attorney and the City Manager
before recordation.
2. The applicant shall enter into a contract with the City of Aspen, and any appropriate utility
agencies, for any utility improvements necessary for adequate service. Any contract with the
City shall be approved by the City Attorney and City Council prior to issuance of a building
permit.
3. Any additional utilities, or replacement of utilities, shall meet the design standards of Section
26.88, and shall be approved by the City Engineer and the relevant utility agencies before
construction. All utility easements shall be delineated and described on the final plat.
4. The replaced water service line, sewer service line and all other necessary utilities and site
improvements shall be provided prior to issuance of a certificate of occupancy.
5. The dimensional requirements shall be those of the AH1 -PUD zone district and as follows:
a. Minimum distance between buildings No requirement
b. Maximum height (including viewplanes) 30' to the peak of the lobby
area(19' to the mid point) and 22' to the ridge of the residential wing.
C. Minimum front yard
100'
d..... ' Minimum rear yard
15'
e. Minimum side yard
25'
f. Minimum lot width
As represented on the final plat
g. Minimum lot area
169,884 square feet
h. Trash access area
10' wide minimum
i. Internal floor area ratio
No requirement
j. Minimum percent open space
25%
6. Before issuance of a building permit, the applicant shall comply with all aspects of the
Residential Design Standards, Section 26.58 of the Code.
Prior to issuance of a certificate of occupancy, the applicant shall provide a legal instrument
of common interest describing the continual care and maintenance of open spaces,
recreational areas and communally -owned facilities and private streets in compliance with
Section 26.88.
8. The applicant shall landscape with trees the parking buffers and landscape the center of the
traffic circle. The applicant shall take into. consideration the replacement of the existing
sewer line, and landscape this area with soft landscape treatments only.
9. All lighting of the subject parcel shall be downcast with a standard fixture approved by the
Community Development Director and arranged in such a way as to prevent direct glare or
hazardous interference with adjoining streets or lands.
10. Prior to issuance of a building permit, the applicant shall mitigate problematic traffic
movements associated with the proposed traffic circle, as expressed by City. Staff. The Fire
Marshal shall review and approve any changes to said traffic circle.
11. Prior issuance of a building permit, the applicant shall sign a curb, gutter, and sidewalk
improvements agreement with the City.
12. Prior to issuance of a building permit, the applicant shall have the building tested for asbestos.
Any abatement measures necessary shall be performed by a certified asbestos removal firm.
13. Prior to issuance of a building permit, the applicant shall meet design standards set forth in
Section 26.88.040. as applicable.
14. Prior to issuance of a building permit, the applicant shall obtain the appropriate approval
from the Colorado Department of Transportation.
15. A trail easement shall be provided for the proposed trail. This easement shall be recorded
and described on the final plat.
16. Prior to issuance of a building permit, the applicant shall submit a draft,plat to the City
Engineering Department for evaluation with all applicable requirements of the Code, make
the appropriate corrections, and record a final plat.
17. The applicant shall monument the property boundaries, pursuant to Section•26.88 of the
Code, and delineate and describe all monuments on the final plat.
18. All utility meters and any new utility pedestals or transformers shall be installed on the
applicant's property and not in the public right -of -way. For pedestals, easements must be
provided. Building permit drawings must indicate all utility meter locations. Meter
locations must be accessible for reading and may not be obstructed by trash storage.
19. Prior to issuance of a building permit, the applicant shall provide a drainage plan compliant
with -the "Urban Runoff Management Plan ". Any detention basins, or other such drainage
mitigation measures, shall be constructed prior to issuance of a certificate of occupancy.
20. Prior to issuance of a building permit, the applicant shall pay a $2,405.70 cash -in -lieu
payment for school land dedication.
21. The owner shall maintain 43 parking spaces available to residents year round, without the
encroachment of snow storage, or other obstructions. The applicant shall designate in an
aesthetically sensitive manner the drop -off area as 20 minute temporary parking and all other
vehicular access ways as no parking areas, especially the access road to the Pomegranite
Condominiums. The owner shall landscape the parking buffer areas with trees to further
differentiate the parking area visually, and to provide summer shade. All parking spaces,
snow storage areas, trash areas, and trash access ways shall be clearly delineated on the final
plat.
22,. The applicant is fully subject to all reviews and approvals by the Aspen City Council as
required in the Municipal Code. In no way shall this approval imply approval of the required
reviews by the Aspen City Council.
23. All material representations made by the applicant in the application and during public
meetings with the Aspen Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
i-
24. Before issuance of a building permit, the applicant must obtain tree removal permits from
the Parks Department for the two large Aspen trees to be removed.
25. The applicant must gain the appropriate approvals from the City Water Department before
any alterations to the Stapleton Ditch.
APPROVED by the Commission at its regular meeting on April 29, 1997..
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Sara arton, Chair
ATTEST:
ackie Lothian, Deputy City Clerk
�,
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16 f
t�
YIOfGI
owl
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April 1, 1997 W*WA�-4
WEST B UILDING:
VVI ��
COUNTRY INN
BREAKDOWN
0
(16) One Bedrooms at approximately 625 square feet
SOUTH B UILDING:
V11U�' or j��iu✓
(11) One Bedrooms ... (6) at approximately 675 square feet (5) at
625 square feet
(2) Studios at approximately 330 square feet
the diagram given to Dave Tolen has the incorrect number of
studios on it, some will be combined to form one bedrooms a
more detailed drawing will be provided shortly.
EAST B UILDING:
(3) Two Bedrooms at approximately 775 square feet
(6) One Bedrooms at approximately 630 square feet
(2) Studios at approximately 330 square feet
per John Durso in a phone conversation on April 1, 1997
qqwr
PUBLIC NOTICE
RE: ASPEN COUNTRY INN REZONING, PUD, SUBDIVISION & GMQS
EXEMPTION FOR AFFORDABLE HOUSING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 15, 1997 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by The
Aspen/Pitkin Housing Authority requesting the following land use approvals:
• Rezoning of the property to AH -1 /PUD
• Consolidated Conceptual and Final PUD Review
• Subdivision review to separate this property from the remainder of.the Maroon Creek Club, and
to an mend the approved Maroon Creek Club Subdivision Plat and Subdivision Agreement to
permit the continued existence of the Aspen Country Inn.
• GMQS exemption for the development of affordable housing units.
The property is located at 38996 Highway 82. For further information, contact Chris Bendon at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5072.
s /Sara Garton, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 29, 1997
City of Aspen Account
C11,6 -'s � (� C, gel
37 q Cy (f
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Director 3----
Julie Ann Woods, Deputy Direct*—\,r LP
FROM: Christopher Bendon, Planner O w I
RE: Aspen Country Inn Affordable Housing
PUD Conceptual and Final Review (public hearing)
Subdivision Review (public hearing)
Amendment to the Official Zone District Map (public hearing)
Special Review
DATE: April 24, 1997
SUMMARY:
The applicant is requesting an amendment to the official zone district map, a
combined conceptual and final approval for a planned unit development,
subdivision approval, and special review approval to establish the number of
parking spaces required.
City Council will also consider the request for rezoning, planned unit
development approval, and subdivision approval, along with the request for an
exemption from the growth management competition and scoring procedures for
affordable housing, and an approval of the method in which affordable housing is
being provided.
Staff recommends approval of the amendment of the official zone district
map, conceptual and final planned unit development, subdivision, and
special review, with conditions:
APPLICANT:
City of Aspen. Represented by Dave Tolen, Aspen/Pitkin County Housing
Authority.
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 (just west of the Pomegranite
Condominiums)
ZONING:
Park - Planned Unit Development (P -PUD). The applicant is proposing a zone
change from P -PUD to AH1 -PUD, which will also be considered by the City
Council.
LOT SIZE:
3.9 acres = 169,884 square feet
LOT AREA (FOR PURPOSES OF FAR CALCULATIONS):
169,884 square feet
FV., ,�
External floor area: for lots between three (3) and six (6) acres, the allowable
external FAR is .36:1. 85 % of this may be developed by right. Up to 100% of
this allowable FAR may be permitted by special review.
The allowable external square footage for this site is 3.9 x 43,560 x .36 = 61,158
square feet. 85% of this is 51,984.5 square feet. The applicant is proposing
20,025 external square feet, well within the external FAR requirements.
Minimum lot size: For multi- family dwellings on a lot subdivided from a parcel
of more than 27,000 square feet the following square foot requirements apply:
Studio: 1,000
One bedroom: 1,250
Two bedroom: 2,100
Three bedroom: 3,630
The proposed development includes four (4) studio units, thirty three (33) one
bedroom units, and three (3) two bedroom units. Using the standards above, this
mix of units requires a minimum lot size of 51,550 square feet. The applicant is
well within these requirements.
CURRENT LAND USE:
Temporary housing for construction workers associated with the construction at
the Maroon Creek Club. The building was formerly a lodge, but was scheduled to
be demolished as part of the Maroon Creek PUD agreement.
PROPOSED LAND USE:
Residential. Forty (40) Category 1 and 2 affordable housing units.
PREVIOUS ACTION:
The Planning and Zoning Commission held a work session on this proposal April
1, 1997, to discuss attributes of the site design. The public hearing was opened
April 15, 1997, and continued to April 29, 1997. The applicant has responded to
the concerns raised in the work session.
2
REVIEW PROCEDURE:
Amendment to Official Zone District map:
A development application for an amendment to the text of this title or the official
zone district map shall be reviewed and recommended for approval, approval with
conditions, or disapproval by the planning director and then by the Commission at
a public hearing, and then approved, approved with conditions, or disapproved by
the City Council at .a public hearing, in accordance with the procedure established
in Common Procedures, Chapter 26.52.
Planned Unit Development:
This procedure requires review and approval of a conceptual development plan
and final development plan by the Commission and the City Council, with public
hearings occurring at the time of conceptual plan review by the City Council and
final development plan review by the Commission.
Subdivision:
This procedure requires review and approval of a development application for plat
by the Commission at a public hearing and by the City Council at a hearing.
Special Review - Off - Street parking Requirements:
The Commission shall approve, approve with conditions, or disapprove .a
development application for special review after recommendation from the
Planning Director.
BACKGROUND:
The Aspen Country Inn was originally scheduled to be demolished as part of the
Maroon Creek PUD. During construction of the Maroon Creek Club, the entire
property was annexed into the City and rezoned to Park (P), earmarked for open
space purposes. During the annexation process, the City entered into an
agreement with the owner to purchase the Aspen Country Inn and re- develop it as
affordable housing to be operated by the Housing Authority.
The original proposal has been amended. There are now 40 units being proposed
for rental to qualified employees in Categories 1 and 2. Priority to qualified
seniors will be given for between 24 and 40 of these units.
The Growth Management Commission; on April &, 1997, reviewed and
considered this proposal and made a recommendation to the Aspen City Council
to approve the method in which the affordable housing units are being proposed.
FINANCIAL IMPLICATIONS:
The City currently has a contract to purchase this parcel, contingent upon land use
approval and a thirty (30) day grace period following the land use decision.
STAFF COMMENTS: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP
In reviewing an amendment to the text of this title or an amendment to the official
zone district map, the City Council and the Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The current use of this site, lodge /construction worker housing, is a non-
conforming use within the Park (P) zone district. The proposed amendment will
remedy this non - conformity by applying a more appropriate zone district to the
parcel, considering the proposed residential use, without presenting a conflict with
any other portion of this title, or with adjacent land uses,
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
The proposed amendment is consistent with the AACP. One of the largest
community concerns expressed in the Comprehensive Plan is the need to preserve
"Aspen, the Community" through the housing of 60% of the work force up valley.
The character of Aspen is being eroded as the "critical mass" of permanent
residents move away so they can afford adequate housing. Important to this
character is not only the maintenance of an up valley work force but of the prior
and future work forces. This promotes the perception that Aspen is a, real town
with real people. This project will provide Category 1 & 2 housing, the most
needed price range, to the affordable housing inventory. As a project that provides
housing for area citizens who contribute to "Aspen, the Community," this project
furthers goals in the AACP of revitalizing, or at least maintaining, the permanent
population and encouraging a balanced permanent community.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
The proposed zone district, AH1 -PUD, is compatible with the surrounding zone
districts and land uses. The existing building was originally a lodge and will be
remodeled to accommodate the new residential units. The residential use will be
located adjacent to another residential complex, The Pomegranite Condominiums,
and the Maroon Creek Golf Course. The owners of the Pomegranite
Condominiums have been involved in the design, housing policy, and application
processes.
M
D. The effect of the proposed amendment on traffic generation and road
safety.
Staff Findine:
The proposed amendment will not in itself create traffic or road safety problems.
Traffic generation and road safety are, however, being addressed in this review.
A combined entrance with the Pomegranite Condominiums, as well as a new
acceleration lane and a deceleration lane will address some of the area's traffic
problems. A RFTA bus stop is located adjacent to the site. and is expected to meet
some of the residents' travel demands.
E. Whether and the extent to which the proposed amendment would result
in demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities,
including, but not limited to, transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency medical
facilities.
Staff Finding:
The proposed zone change will not in itself create any additional demand upon the
City's public facilities. The present building is currently served by water and
sewer. The Water Department will need to do extensive improvements on and off
site to adequately serve the building. The applicant is expected to mitigate the
impacts of any additional utilities and city services, including school land
dedication. This mitigation is addressed in "Staff Comments: Subdivision. "
F. - Whether and the extent to which the proposed amendment would result
in significant adverse impacts on the natural environment.
Staff Finding:
The site is somewhat constrained by environmental concerns. There are wetlands
on the western portion of the property. The proposed development, however, is
mostly remodeling, with some reconstruction, and will not affect these wetland
areas. The paving of the parking lot will decrease the PMio associated with the
parcel.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The community character of Aspen is largely dependent upon the people who
actually live in the community. The AH1 -PUD zone district allows people, with a
broader range of jobs and incomes, to live in Aspen and contribute to the
character of the community.
H. Whether there have been changed conditions affecting the subject. parcel
or the surrounding neighborhood which support the proposed
amendment.
Staff Finding:
The parcel was originally scheduled to become open space. The City, however, is
actively pursuing affordable housing for the most needy group of individuals,
Categories 1 & 2, by entering into a contract to purchase this property to meet this
community goal. The surrounding neighborhood is supportive of the project, with
conditions expressed to the City Council and the Housing Authority.
L Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
This proposed amendment would further the public interest and would not be in
conflict with the purpose and intent of this title.
STAFF COMMENTS: PLANNED UNIT DEVELOPMENT
The Community Development Director has determined that consolidating the
conceptual and final review processes for this project is appropriate. An
application which is determined to be eligible for consolidation shall be processed
pursuant to the terms and procedures of final development plan review. The
Commission may determine during review that the application should be subject
to both conceptual and final plan review, in which case consolidated review shall
not occur.
Contents of the final planned unit development application shall include the
following:
1. The general application information required in Common
Procedures, Section 26.52.030.
Staff Finding;
The applicant has submitted this general information.
2. A detailed plan of the proposed development which includes but is
not limited to proposed land uses, densities, natural features,
internal traffic circulation plans, and off - street parking and open
space areas. The site plan shall be of sufficient detail to enable
evaluation of the design features and natural features of the
proposed development. It shall show the location and floor area of
all existing and proposed buildings and other improvements
3
including their height, dwelling units, and all non - residential
facilities.
Staff Findinf:
The applicant has submitted this information.
3.. A statement specifying how the development complies with the
dimensional and off - street parking requirements of the underlying
zone district on the parcel proposed for development, and a
specific listing of any variations requested from these
requirements.
Staff Finding:
The number of parking spaces required in the AH1 -PUD zone district is
established through special review. Please refer to "Staff Comments: Special
Review.
4. A statement specifying the public facilities that will be needed to
accommodate the proposed development, and what specific
assurances will be made to ensure the public facilities will be
available to accommodate the proposed development.
Staff Finding:
The applicant has not provided.this statement. The proposed development is
using an existing structure already serviced. The Water Department and Aspen
Consolidated Sanitation District, however, will need to do extensive
improvements to adequately service the building. The Commission should, as a
condition of approval, require the applicant to enter into an contract with the City,
and any appropriate utility agencies, for all utility improvements necessary for
adequate service before issuance of a building permit.
5. A statement outlining a development schedule specifying the date
construction is proposed to be initiated and completed, and any
proposed public facilities the developer is proposing to construct,
and the phasing and construction of the proposed public facilities.
Staff Finding:
The applicant has not provided this statement. It is Staff s understanding that,
assuming land use approvals are granted, construction will begin soon after the
thirty day grace period and would not last more than one construction season.
The Commission should require the applicant to represent any modifications to
this understanding during the public hearing.
7
6. A statement of the reasonable conformance of the final
development plan with the approval granted to the conceptual
development plan.
Staff Finding:
This application requirement does not apply because the applicant is combining
the conceptual and final processes.
7. An architectural sketch indicating floor plans and all exterior
elevations of any buildings or other structures proposed for
development.
Staff Finding:
The most recent architectural plans have been resubmitted. Most of the building's
exterior will remain the same. Part of the building separating the two larger
masses will be removed to provide two separate buildings with an entry courtyard
between. The applicant will also need Staff approval of the Residential Design
Standards review before issuance of a building permit. A complete set of plans
and elevations will be required for this review.
8. A landscape plan indicating the treatment of exterior spaces in the
proposed development. The landscape plan should show:
a. The extent and location of all plant materials and other
landscape features.
b. Flower and shrub bed definition.
C. Proposed plant material at mature sizes and in appropriate
relation to scale.
d. Species and size of existing plant material.
e. Proposed treatment of all ground surfaces (e.g., paving,
turf, and gravel).
f. A plant material schedule with common and botanical
names, sizes, quantities, and method of transplant.
Staff Finding:
A landscape plan meeting the above standards has been submitted but it lacks the
required plant schedule. They will need to submit the plant schedule for review.
9. A topographic map prepared by a registered land surveyor,
registered landscape architect or registered engineer identifying the
areas on the parcel proposed for development where slopes are:
a. Between zero (0) and twenty (20) percent.
b. Between twenty -one (2 1) and thirty (3 0) percent.
C. Between thirty -one (31) and forty (40) percent.
d. In excess of forty (40) percent.
0
Staff Finding:
The submitted site plan includes topographic information. There are some areas
of steep slopes identified along the southern sides of the parcel, which will not be
developed.
10. An open space plan, and if applicable, a legal instrument or
instruments setting forth a plan providing for the permanent care
and maintenance of open spaces, recreational areas and
communally -owned facilities and private streets. If the common
open space is proposed to be deeded to a homeowners association,
the proposed documents governing the association shall also be
submitted. Such documents shall meet the following
requirements: (a) The homeowners association must be
established before any residences are sold. (b) Membership in the
association must be mandatory for each residence owner. (c) Open
space restrictions must be permanent and not for a period of years.
(d) The homeowners' association must be made responsible for
liability insurance, taxes, and maintenance of recreational and other
facilities. (e) The association must have the power to levy
assessments which can become a lien on individual premise for the
purpose of paying the cost of operating and maintaining common
facilities. (f) The governing board of any such association shall
consist of at least five (5) members who shall be owners of
property in the Planned Unit Development (PUD).
Staff Finding:
There has not been a plan submitted for the continual maintenance of the common
areas and open space. It is also unclear whether the common open space areas are
to be deeded to a homeowners association. The Commission should, as a
condition of approval, require the applicant to provide a plan for the continual
care and maintenance of open spaces, recreational areas and communally -owned
facilities and private streets in compliance with this Section.
11. A plat which depicts the applicable information required by
Section 26.88.040(D)(1)(a)(3) and (D)(2)(a).
Staff Finding:
A plat has not been submitted. The Commission should, as a condition of
approval, require the applicant to record all appropriate documents prior to
issuance of a building permit.
9
0 9
A development application for a PUD must comply with the following standards
and requirements:
1. General Requirements:
A. The proposed development shall be consistent with the Aspen Area
Community Plan.
Staff Finding:
The proposed development is consistent with the AACP. Please refer to "Staff
Comments: Amendment to the Official Zone District Map (B), " page 4.
B. The proposed development shall be consistent with the character of the
existing land uses in the surrounding area.
Staff Finding:
The proposed amendment is compatible with the surrounding zone districts and
land uses. Please refer to "Staff Comments: Amendment to the Official Zone
District Map (C), " page 4.
C. The proposed development shall not adversely affect the future
development of the surrounding area.
Staff Finding:
The surrounding parcels are zoned as (P) Park. The proposed development will
not adversely affect the future development of these parcels.
D. Final approval shall only be granted to the development to the extent to
which GMQS allotments are obtained by the applicant.
Staff Findin ,
Affordable housing projects are eligible for an exemption from the competition
and scoring procedures of the growth management quota system by the City
Council after review and consideration by the Growth Management Commission.
Allotments for these projects are deducted from the annual pool. The Growth
Management Commission, on April 8, 1997, considered and reviewed this
application and then recommended to the City Council an exemption from
competition and scoring procedure for forty (40) units and recommended approval
of the method in which these units are to be provided.
2. Density:
A. The maximum density shall be no greater than that permitted in the
underlying zone district. Furthermore, densities may be reduced if.-
Q17
•
•
1.. There is not sufficient water pressure and other utilities to serve
the proposed development;
2. There are not adequate roads to ensure fire protection, snow
removal and road maintenance to the proposed development;
3. The land is not suitable for the proposed development because
of slope, ground instability, and the possibility of mud flow, .
rockfalls and avalanche dangers;
4. The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion and
consequent water pollution;
5. The proposed development will have deleterious effect on air
quality in the surrounding area and the city; or
6 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:
This proposal is not in conflict with any of the.above standards 1 -6. The proposed
density is well within the parameters of the AH1 -PUD. zone district.
B. Reduction in density for slope consideration.
In order to reduce wildfire, mudslide, and avalanche hazards;
enhance soil stability; and guarantee adequate fire protection
access, the density of a PUD shall also be reduced in areas with
slopes in excess of twenty (20) percent in the following manor:
a. For lands between zero (0) and twenty (20) percent
slope, the maximum density allowed shall be that
permitted in the underlying zone district.
b. For lands between twenty-one (21) and thirty (30)
percent slope, the maximum density allowed shall be
reduced to fifty (50) percent of that permitted in the
underlying zone district.
For lands between thirty-one (31) and forty (40) percent
slope, the density shall be reduced to twenty -five (25)
percent of that allowed in the underlying zone district.
d. For lands in excess offorty (40) percent slope, no
density credit shall be allowed. .
11
0 . 1 0
2. Maximum density for the entire parcel on which the
development is proposed shall be calculated by each slope .
classification, and then by dividing the square footage necessary
in the underlying zone district per dwelling unit.
3. For parcels resting in more than one (1) zone district, the
density reduction calculation shall be performed separately on
the lands within each zone district.
4. Density shall be further reduced as specified in Chapter 26.04,
Definition of Lot Area.
Staff Finding:
There are no natural grades on this site that limit the allowable density. There are
some steep areas along the southern boundary of the site that were created as part
of the golf course. The proposed density on the site is well within the allowable
density in the AH1 -PUD zone district. There are no further site conditions that
would reduce this density.
3. Land Uses. The land uses permitted shall be those of the underlying zone
district. Detached residential units may be authorized to be clustered in a
zero lot line or row house configuration, but multi - family dwelling units
shall only be allowed when permitted in the underlying zone district.
Staff Finding:
Assuming approval of the amendment to the official zone district map, the
proposed land use will be permitted on this parcel.
4. Dimensional Requirements. The dimensional requirements shall be those
of the underlying zone district, provided that variations may be permitted
in the following:
a. Minimum distance between buildings;
b. Maximum height (including viewplanes);
C. Minimum front yard
d. Minimum rear yard
e. Minimum side yard.
f. Minimum lot width;
g. Minimum lot area;
h. Trash access area;
i. Internal floor area ratio; and
j. Minimum percent open space.
If a variation is permitted in minimum lot area, the area of any lot may
be greater or less than the minimum requirement of the underlying zone
district, provided that the total area of all lots, when averaged, at least
12
•
•
equals the permitted minimum for the zone district. Any variation
permitted shall be clearly indicated on the final plat development plan.
Staff Finding:
Dimensional requirements in the AH1 -PUD zone district are established via the
PUD process and have not been previously established. The applicant is
proposing these requirements be established as follows:
a.
Minimum distance between buildings No requirement
b.
Maximum height (including viewplanes)
30' to the peak of the
lobby area(19' to the mid point)
and 22' to the ridge of the residential
wing.
C.
Minimum front yard
100'
d.
Minimum rear yard
15'
e.
Minimum side yard
25'
E
Minimum lot width
As shown on site plan
g.
Minimum lot area
As shown on site plan
h.
Trash access area
No requirement
i.
Internal floor area ratio
No requirement
j.
Minimum percent open space
As shown on site plan
The applicant is in compliance with all dimensional requirements that are not at
the Commission's discretion. Staff is recommending the following amendments
to the applicant's proposal:
E Minimum lot width As represented on final plat
g. Minimum lot area 169,884 square feet
h. Trash access area 10' wide minimum
j. Minimum percent open space 25%
The Commission should, as a condition of approval, establish the dimensional
requirements for this parcel as described above, with the recommended
amendment's.
5. Off - street parking. The number of off - street parking spaces may be varied
from that required in the underlying zone district based on the following
considerations:
a. The probable number of cars used by those using the proposed
development.
b. The parking need of any nonresidential units.
C. The varying time periods of use, whenever joint use of common
parking is proposed.
d. The availability of public transit and other transportation
facilities, including those for pedestrian access and /or the
13
commitment to utilize automobile disincentive techniques in the
proposed development.
e. The proximity of the proposed development to the commercial
core or public recreational facilities in the city.
Whenever the number'of off - street parking spaces is reduced, the City
shall obtain assurance that the nature of the occupancy will not change.
Staff Finding:
Forty -three (43) parking spaces have been represented on.the final development
plan. The AH1 -PUD zone district requires that the number of parking spaces be
established by special review. Please refer to Staff Comments: Special Review for
Parking. Staff believes 43 spaces will be adequate. The applicant is not asking
the Commission to vary the parking standards of the underlying zone district.
6. Open Space. The Open Space requirement shall be that of the underlying
zone district. However, a variation in minimum open space may be
permitted if such variation would not be detrimental to the character of the
proposed PUD; and if the proposed development shall include open space
for the mutual benefit of all development in the proposed PUD through a
common park or recreation area. An area may be approved as a common
park or recreation area if it:
a. Is to be used and is suitable for scenic, landscaping, or
recreation purposes; and
b. Is land which is accessible and available to all dwelling units or
lots for whom the common area is intended.
A proportionate, undivided interest in all common park and recreation
areas shall be deeded in perpetuity to each lot or dwelling unit owner
within the planned unit development (PUD), together with a deed
restriction against future residential, commercial, or industrial
development.
Any plan for open space shall also be accompanied by a legal instrument
which ensures the permanent care and maintenance of open spaces,
recreation areas, and communally -owned facilities.
Staff Finding:
There are no specific requirements for Open Space in the AH 1 -PUD zone district,
as this requirement is established via the PUD process (see #4, above). The
Commission should, as a condition of approval, require that all common areas,
including open space, be maintained through a legal instrument of common
interest. Evidence of this maintenance through a common interest should be
required before issuance of a certificate of occupancy.
14
7. Landscape Plan. There shall be approved as part of the final nal development
plan a landscape plan, which exhibits a well designated treatment of
exterior spaces. It shall provide an ample quantity and variety of
ornamental plant species that are regarded as suitable for the Aspen area
climate.
Staff Finding:
The applicant has submitted this required landscape plan. Exterior landscape
treatments, as represented, are appropriate for the site. The Commission should,
as a condition of approval, require the applicant to landscape with trees the
parking buffers and to landscape the center of the traffic circle. The applicant
should take into consideration the replacement of the existing sewer line, and
landscape these areas with soft landscape treatments only.
8. Architectural Site Plan. There shall be approved as part of the final
development plan an architectural site plan, which ensures. architectural
consistency with the proposed development, architectural character,
building design, and the preservation of the visual character of the City. It
is not the purpose of this review that control of architectural character be
so rigidly enforced that individual initiative is stifled in the design of a
particular building, or substantial additional expense is required.
Architectural character is based upon the suitability of a building for its
purposes, upon appropriate use of materials, and upon the principles of
harmony and proportion of the buildings with each other and surrounding
land uses. Building design should minimize disturbances to the natural
terrain and maximize the preservation of existing vegetation, as well as
enhance drainage and reduce soil erosion.
Staff Findin.,
The applicant has submitted this required Architectural site plan. Because the
proposed development is utilizing an existing building, there will be very little
disturbance to the natural terrain and existing vegetation.
9. Lighting. All lighting shall be arranged so as to prevent direct glare or
hazardous interference of any kind to adjoining streets or lands.
Staff Finding_
The applicant has not presented a lighting plan. The Commission should, as a
condition of approval, require the applicant to arrange all lighting of the. subject
parcel in such a way as to prevent direct glare or hazardous interference with
adjoining streets or lands.
15
10. Clustering. Clustering of dwelling units is encouraged.
Staff Finding:
The existing building is clustered and no new structures are proposed.
11. Public facilities. The proposed development shall be designed so that
adequate public facilities will be available to accommodate the proposed
development at the time development is constructed, and that there will be
no net public cost for the provision of these public facilities. Further, .
buildings shall not be arranged such that any structure is inaccessible to
emergency vehicles.
Staff Finding:
The existing water service line needs extensive improvements both on and off site
and the sewer service line must be replaced. These improvements will require
some public funds (see Water Department correspondence). The Commission
should, as a condition of approval, require the applicant to enter into a contract
with the City, and any other appropriate service provider, for the improvements
necessary before issuance of a building permit. Any contract with the City must
be approved by the City Attorney and the City Council.
12. Traffic and pedestrian circulation.
a. Every dwelling unit, or other land use permitted in the planned unit
development (PUD) shall have 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. .
b. Principal vehicular access points shall be designed to permit smooth
traffic flow with controlled turning movements and minimum hazards to
vehicular or pedestrian traffic. Minor streets within the Planned Unit
Development (PUD) shall not be connected to streets outside the
development so as to encourage their use by through traffic.
C. The proposed development shall be designed so that it will not create
traffic congestion on the arterial and collector roads surrounding the
proposed development, or such surrounding collector and arterial roads
shall be improved so that they will not be adversely affected.
d. Every residential building shall not be farther than sixty (60) feet from
an access roadway or drive providing access to a public street.
e. All nonresidential land use within the planned unit development (PUD)
shall have direct access to a collector or arterial street without creating
traffic hazards or congestion on any street.
16
f. Streets in the planned unit development (PUD) may be dedicated to.
public use or retained under private ownership. Said streets and
associated improvements shall comply with all pertinent city regulations
and ordinances.
Staff Finding:
The applicant is in compliance with a, c, d, e, & f. The vehicular access point has
been redesigned to better accommodate the smooth flow of traffic on Highway 82
through the provision of an acceleration lane and a deceleration lane. Access to
the Pomegranite Condominiums has been accommodated on site to help preserve
the highway's traffic flow. The access drive has been redesigned to accommodate
auto stacking and decision time. The Commission should, as a condition of
approval, require the owner to designate the interior access ways, especially the
access to the Pomegranite Condominiums, as no parking areas. This designation
should be done in an aesthetically sensitive way.
The applicant has proposed a turning circle near the entrance to the building
between the two parking areas. This turning circle creates two problematic traffic
movements: turning into the eastern parking lot, and exiting the western parking
lot. This element could be redesigned in two ways: (1) by increasing the diameter
of the center landscape element and narrowing the driveway, while providing a
wider drop -off area, to emphasize the one -way traffic movement around the
circle; or (2) by moving the center element slightly closer to the building,
providing bump -outs at the parking lot entrances, and paving the drop -off area in
a different material to emphasize the pedestrian. Either of these proposed
measures would need approval from the, Fire Marshall. The Commission should,
as a condition of approval, require the applicant to mitigate these problematic
traffic movements, with approval from the Fire Marshall, before issuance of a
building permit.
STAFF COMMENTS: SUBDIVISION
A development application for subdivision review shall comply with the
following standards and requirements:
1. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding:
The proposed subdivision is consistent with the AACP. Please refer to "Staff
Comments: Amendment to the Official Zone District Map (B), " page 4.
17
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
Staff Finding:
The proposed amendment is compatible with the surrounding zone districts and
land uses. Please refer to "Staff Comments: Amendment to the Official Zone
District Map (C),." page 4.
C. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
Staff Finding:
This subdivision will not adversely affect future development of surrounding
parcels.
d The proposed subdivision shall be in compliance with all applicable
requirements of this title.
Staff Finding:
Assuming approval of the conceptual and final planned unit development, special
review, rezoning, and the appropriate GMQS allotments, the proposed subdivision
will be in compliance with all applicable requirements of this title.
2. . Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development, because of flooding, drainage, rock or soil
creep, mudflow, rockslide, avalanche or snowslide, steep topography, or
any other natural hazard or other condition that will be harmful to the
health, safety, or welfare of the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed
to create spatial patterns that cause inefficiencies, duplication or
premature extension of public facilities and unnecessary public costs.
Staff Finding:
These criteria apply to the development of raw land. Development on this parcel
will be contained within the existing building envelope and will not present any,
condition harmful to the health, safety, or general welfare of the residents.
3. Improvements.
a. Required improvements. The following shall be provided for the
proposed subdivision.
1. Permanent survey monuments, range points, and lot pins.
2. Paved streets, not exceeding the requirements for paving and
improvements of a collector street.
3. Curbs, gutters, and sidewalks.
4. Paved alleys.
5. Traffic- control signs, signals, or devices.
6 Street lights.
7. Street name signs.
8. Street trees or landscaping.
9. Water lines and fire hydrants.
10. Sanitary sewer lines.
11. Storm drainage improvements and storm sewers.
12. Bridges and culverts.
13. Electrical lines.
14. Telephone lines.
15. Natural gas lines.
16. Cable television lines.
Staff Finding:
The Commission should, as a condition of approval, require the applicant to
provide the necessary site improvements before issuance of a certificate of
occupancy. Applicant shall sign a curb, gutter, and sidewalk improvements
agreement with the City. All survey point shall be described on the final plat.
b. Approved plans. Construction shall not commence until on any of the
improvements required by this Section 26 88.040(C)(3)(a) until a plan,
profile, and specifications have been received and approved by the City
Engineer and, when appropriate, the relevant utility company.
Staff Finding:
The Commission should, as a condition of approval, require the applicant to
receive approval from the City Engineer and, when appropriate, the relevant
utility company, before construction of any of the improvements described in a.,
above.
C. Oversize Utilities. In the event oversized utilities are required as apart
of the improvements, arrangements for reimbursement shall be made
whereby the subdivider shall be allowed to recover the cost of the
utilities that have been provided beyond the needs of the subdivision.
Staff Finding:
Oversize utilities are not required.
4. Design Standards. The design standards set forth in Section 26.88.040
shall be required for all subdivisions.
a. Street and related improvements.
b. Easements.
C. Lots and blocks.
19
d. Survey Monuments.
e. Utilities.
f. Storm Drainage
g. Flood hazard areas.
h. The design and location of any proposed structure, building envelope,
road, driveway, trail, or other similar development is compatible with
significant natural or scenic features of the site
i. Variations of design standards.
Staff Findin
a. The proposal is utilizing an existing building and much of the existing paving.
Any additional or re- aligned streets must meet these design standards. The
Commission should, as a condition of approval, require the applicant to meet the
design standards set forth in Section 26.88.040, as applicable.
b. A proposed plat has not been submitted. The Commission should, as a
condition of approval, require the applicant to submit a draft plat to the City
Engineering Department for evaluation with all applicable requirements of this
Section of the Code, make the appropriate corrections, and record a final plat
before issuance of a building permit.
c. The applicant is not in compliance with criterion # c.5. The Commission
should, as a condition of approval, require the applicant to obtain the appropriate
approval from the Colorado Department of Transportation before issuance of a
building permit.
d. The Commission should, as a condition of approval, require the applicant to
monument the property boundaries pursuant to this Section of the Code, and
describe all monuments on the final plat.
e. As already stated in this memo, the proposed development -will be using an
existing building but utility improvements will be necessary. The Commission
should, as a condition of approval, require any additional utilities, or replaced
utilities, to meet the design standards of this Section of the Code. All utilities and
easements shall be delineated and described on the final plat.
f. The applicant is proposing development within the footprint of an existing
building. Criterion # £2, however, addresses the runoff from the site during a one
hundred year event from the undeveloped land. The Commission should, as a
condition of approval, require the applicant to provide a drainage plan compliant
with the "Urban Runoff Management Plan" prior to issuance of a building permit.
Any detention basins, or other such drainage mitigation measures, shall be
constructed prior to issuance of a certificate of occupancy.
g. The subject parcel is not within a special flood hazard area.
20
h. The proposed building modifications and site improvements are compatible
with the surrounding natural features of the site.
L The applicant is not seeking a variance.
5. 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 26.48, 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 26.100, Growth Management Quota System.
Staff Finding:
The proposal is 100% affordable housing. The Growth Management Commission
made a recommendation to the City Council compliant with Section 26.100 of the
Code.
6. School land dedication standards.
b. Applicability. School land dedications standards shall be assessed upon
all new subdivisions within the City of Aspen which contain residential
units.
C. Dedication Schedule.
1. Land Dedication:. School land dedications shall be assessed
according to the following schedule:
Unit Type Land Dedication Standard
Dormitory .0000 acres (0 sq. ft.)
Studio /One bedroom .0012 acres (52 sq. ft.)
Two bedroom .0095 acres (416 sq. ft.)
Three bedroom 1. 0162 acres (707 sq. ft.)
Four bedroom .0248 acres (1081 sq. ft.)
Five bedroom .0284 acres (1236 sq. ft.)
Staff Finding:
The proposal includes thirty seven (37) studio /one bedroom units and three (3)
two bedroom units. According to this schedule, the applicant's school land .
dedication shall be as follows: (37 x.0012) + (3 x.0095) =.0729 acres (3,175.5
sq. ft.)
2. Cash -in -lieu payment. An applicant may make a cash payment
in -lieu of dedicating land to the City, or make a cash payment in
combination with a land dedication, to comply with the
standards of this section. Because of the cost of subdivided land
in the City of Aspen, the School District and Aspen have decided
21
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to require payment of a cash -in -lieu amount which is less than
the full market value of the land area. The formula to determine
the amount of cash -in -lieu payment for each residential dwelling
unit is as follows:
Market value of land x applicable land dedication standard x
0.33 =cash payment.
Payment of cash -in -lieu of a land dedication shall be made to
the City prior to and on a proportional basis to the issuance of
any building permits for the residential dwellings.
Staff Finding:
The proposal includes thirty seven (37) studio /one bedroom units and three (3)
two bedroom units. The land value (as dedicated open space) has been estimated
at $100,000. According to this schedule, the applicant's school land dedication
cash -in -lieu payment shall be as follows:
$100,000 x.33 x [(37 x .0012) + (3 x .0095)] = $2,405.70
The Commission should, as a condition of approval, require the applicant to pay
this $2,405.70 cash -in -lieu payment prior to issuance of a building permit.
STAFF COMMENTS: SPECIAL REVIEW, OFF- STREET PARKING REQUIREMENTS
No development subject to special review shall be permitted unless the
Commission makes a determination that the proposed development complies with
all standards set forth below.
B. Off - street parking requirements. Whenever off - street parking
requirements of a proposed development are subject to establishment
and/or mitigation via a payment in lieu by special review, the development
application shall only be approved if the following conditions are met:
1. In all zone districts where the off-street parking requirements of a
proposed development are subject to establishment and /or mitigation by
special review, the applicant shall demonstrate that the parking needs of
the residents, customers, guests, and employees of the project have been
met, taking into account potential uses of the parcel, the projected traffic
generation of the project, the projected impacts onto the on- street
parking of the neighborhood, its proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for
residents, guests, and employees.
22
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Staff Finding:
The applicant has represented forty -three (43) parking spaces on site. According
to the AH1 -PUD zone district the maximum number of spaces required shall not
be more than forty -three (43), considering the proposed mix of housing units. The
Commission should, as a condition of approval, require the owner to maintain
forty -three (43) parking spaces available to residents year round, without the
encroachment of snow storage, or other obstructions. The Commission should
also, as a condition of approval, require the applicant to post, or otherwise denote,
the drop -off area as 20 minute temporary parking and all other vehicular access
ways as no parking areas.
2. In all zone districts, where the off-street parking requirements may be
provided via a payment -in -lieu .. .
Staff Finding:
The AH1 -PUD zone district does not allow a payment -in -lieu to meet the parking
requirements.
3. Off - Street parking provided for multi family dwelling units which do not
-share a common parking area is not required to have unobstructed
access to a street or alley, but may consist of garage . area, parking strip
or apron provided that the applicant demonstrates that adequate
landscaping will be installed to reduce the parking's visual impact.
Developments consisting of three or more dwelling units shall install
one (1) planter buffer per three parking spaces. Planter buffers shall be
a minimum of ten (10) feet long by two and one -half (2 -112) feet wide by
two (2) feet high unless otherwise varied by the Commission. The
location and dimensions of the planters may also be varied by the
Commission based on site specific circumstances provided that no fewer
than one (1) planter buffer is provided per three (3) off-street parking
spaces. Multi family projects using this provision shall access parking
from the alley, if available.
Staff Finding:
The proposed parking is entirely within a common area. Using the above
standards, the applicant must provide 14 planter buffers. The Commission may
vary the dimensions and location of these buffers.
The applicant has represented twelve buffers. Technically, the number of buffers
represented is insufficient. At the same time, however, the buffers provided are
larger than required and could be described as several buffers each. Staff feels
that the intent of this standard, to break -up what would otherwise be an
undifferentiated sea of parking, has been met by the applicant. The Commission
should, 'as a condition of approval, require the applicant to landscape these buffer
areas with trees to further differentiate this parking area visually, and to provide
summer shade. The Parks Department has not commented on this requirement.
23
RECOMMENDATION:
The Community Development Department recommends approval of the
amendment to the Official Zone District Map, conceptual and final Planned Unit
Development, subdivision, and special review for the Aspen Country Inn, with the
following conditions:
1. The following amendments to the approved Final Plat and PUD for the Maroon Creek
Club, Book 33, Page 4, and to the Subdivision Improvements Agreement for the
Maroon Creek Club, Book 730, Page 608, shall be made.
A.
In Section 2. (which begins on Page 2 of the agreement) the "Description of
Project" shall be amended to include on Page 4 a new item (iv), to read as
follows:
"(iv) Affordable Housing. On the south side of Highway 82, the Aspen
Country Inn shall be remodeled into an affordable housing project,
consisting of approximately forty (40) multi - family rental units, including
four (4) studio units , thirty -three (33) one bedroom units, and three (3)
two bedroom units."
B.
In Section 3 (which begins on Page 5 of the Agreement) the "Project
Construction" shall be amended by the addition of the following language to
Section (a):
"All direct and indirect references to the demolition of the Aspen Country
Inn (including the direct reference in Section )3 .b) shall be deleted and
shall be replaced by approval to convert the Aspen Country Inn to
affordable housing, with development associated with said conversion
anticipated to occur during 1997."
C.
In Section 15 (which begins on Page 14 of the Agreement), subsection (e)
shall be amended as follows (new language in bold, language to be deleted
has been nt):
"Upon dew final approval of this PUD amendment by the City
Council and filing of all appropriate documents with the County
Clerk and Recorder, of the Aspen Geunt -y 1f and py-evided sueh
t la4er- r-estefed in aeeefdanee with Seel „„ 7 , 133 ofthe Code, that
certain Agreement dated June 1, 1981, and recorded in Book 431 at Page
221 (and exhibits thereto) between the County and James A. Latham d/b /a
Pomegranite Inn shall be terminated and extinguished."
24
This same amendment shall be made to Plat note #20, filed in Plat Book 34,
Page 23.
All changes to said documents shall be reviewed by the City Attorney and the City
Manager before recordation.
2. The applicant shall enter into a contract with the City of Aspen, and any appropriate
utility agencies, for any utility improvements necessary for adequate service. Any
contract with the City shall be approved by the City Attorney and City Council prior
to issuance of a building permit.
Any additional utilities, or replacement of utilities, shall meet the design standards of
Section 26.88, and shall be approved by the City Engineer and the relevant utility
agencies before construction. All utility easements shall be delineated and described
on the final plat.
4. The replaced water service line, sewer service line and all other necessary utilities and
site improvements shall be provided prior to issuance of a certificate of occupancy.
5. The dimensional requirements shall be those of the AH1 -PUD zone district and as
follows:
a.
Minimum distance between buildings No requirement
b.
Maximum height (including viewplanes) 30' to the peak of the lobby
area(19' to the mid point) and 22 ' to the ridge of the residential wing.
C.
Minimum front yard
100'
d.
Minimum rear yard
15'
e.
Minimum side yard
25'
f.
Minimum lot width
As represented on the final plat
g.
Minimum lot area
169,884 square feet
h.
Trash access area
10' wide minimum
i.
Internal floor area ratio
No requirement
j.
Minimum percent open space
25%
6. Before issuance of a building permit, the applicant shall comply with all aspects of
the Residential Design Standards, Section 26.58 of the Code.
7. Prior to issuance of a certificate of occupancy, the applicant shall provide a legal
instrument of common interest describing the continual care and maintenance of open
spaces, recreational areas and communally -owned facilities and private streets in
compliance with Section 26.88.
8. The applicant shall landscape with trees the parking buffers and landscape the center
of the traffic circle. The applicant shall take into consideration the replacement of the
existing sewer line, and landscape this area with soft landscape treatments only.
25
0 9
9. All lighting of the subject parcel shall be downcast with a standard fixture approved
by the Community Development Director and arranged in such a way as to prevent
direct glare or hazardous interference with adjoining streets or lands.
10. Prior to issuance of a building permit, the applicant shall mitigate problematic traffic
movements associated with the proposed traffic circle, as expressed by City Staff
The Fire Marshal shall review and approve any changes to said traffic circle.
11. Prior issuance of a building permit, the applicant shall sign a curb, gutter, and.
sidewalk improvements agreement with the City.
12. Prior to issuance of a building permit, the applicant shall have the building tested for
asbestos. Any abatement measures necessary shall be performed by a certified asbestos
removal firm.
13. Prior to issuance of a building permit, the applicant shall meet design standards set
forth in Section 26.88.040. as applicable.
14. Prior to issuance of a building permit, the applicant shall obtain the appropriate
approval from the Colorado Department of Transportation.
15. A trail easement shall be provided for the proposed trail. This easement shall be
recorded and described on the final plat.
16. Prior to issuance of a building permit, the applicant shall submit a draft plat to the
City Engineering Department for evaluation with all applicable requirements of the
Code, make the appropriate corrections, and record a final plat.
17. The applicant shall monument the property boundaries, pursuant to Section 26.88 of
the Code, and delineate and describe all monuments on the final plat.
18. All utility meters and any new utility pedestals or transformers shall be installed on
the applicant's property and not in the public right -of -way. For pedestals, easements
must be provided. Building permit drawings must indicate all utility meter locations.
Meter locations must be accesible for reading and may not be obstructed by trash
storage.
19. Prior to issuance of a building permit, the applicant shall provide a drainage plan
compliant with the "Urban Runoff Management Plan ". Any detention basins, or
other such drainage mitigation measures, shall be constructed prior to issuance of a
certificate of occupancy.
20. Prior to issuance of a building permit, the applicant shall pay a $2,405.70 cash -in -lieu
payment for school land dedication.
21. The owner shall maintain 4' ) parking spaces available to residents year round, without
the encroachment of snow storage, or other obstructions. The applicant shall
26
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designate in an aesthetically sensitive manner the drop -off area as 20 minute
temporary parking and all other vehicular access ways as no parking areas, especially
the access road to the Pomegranite Condominiums. The owner shall landscape the
parking buffer areas with trees to further differentiate the parking area visually, and to
provide summer shade. All parking spaces, snow storage areas, trash areas, and trash
access ways shall be clearly delineated on the final plat.
22. The applicant is fully subject to all reviews and approvals by the Aspen City Council
as required in the Municipal Code. In no way shall this approval imply approval of
the required reviews by the Aspen City Council.
23. All material representations made by the applicant in the application and during public
meetings with the Aspen Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve an amendment to the Official Zone District Map, the
conceptual and final approval for a Planned Unit Development, Subdivision, and
special review for he Aspen Country Inn, 38996 Hwy. 82, with the conditions
listed in the Staff memo dated April 24, 1997."
ATTACHMENTS: Exhibit "A" - Amendments to the application
Exhibit "B" - Application
Exhibit "C" - Agency Referral Comments
27
0 0
MEMORANDUM
TO: Aspen Planning and Zoning Commission
ni
FROM: Christopher Bend on, Planner - UUM
9
RE: Revisions to April 24, 1997; Planning Memo
Aspen Country Inn Affordable Housing Project
DATE: . April 25, 1997
After distributing my memo, I received a revision to the landscape plan. Where appropriate I
have amended my comments and suggested additional conditions in response to this revised
plan.
The original landscape plan did not include a plant schedule. Tile landscape plan now includes
all required information and Staff feels this plant schedule is appropriate for the site. The Staff
memo refers to the missing schedule on page 8.
The original landscape plan showed 4' ) parking spaces. The new plan shows only 42. Staff feels
this was an oversight and that the parking space next to #1 is actually the 43rd space. Also, the .
area between parking spaces 7 and 8 was shown as a parking buffer in the prior landscape plan.
Staff feels this was again an oversight, and this area should be considered a parking buffer.
There are now eleven parking buffers shown on the landscape plan. The prior plan showed
twelve. Staff feels the design objectives are still reached with as the original twelve. The Staff
memo refers to the parking buffers on page 2' ).
The original site plan did not specify trees to be removed. The new landscape plan shows two
large Aspen trees to be removed which would require tree removal permits from the Parks
Department. Staff recommends adding a condition to the recommended approval
24. Before issuance of a building permit, the applicant must obtain tree removal permits
from the Parks Department for the two large Aspen trees to be removed.
The original landscape plan did not call for moving or piping the Stapleton irrigation ditch. The
City owns the ditch and leases the water to Aspen Ski Company for snowmaking. The
appropriate approvals from the Water Department will need to be acquired before moving or
altering the ditch. Staff recommends adding a condition to the recommended approval.
25. The applicant must gain the appropriate approvals from the City Water Department
before any alterations to the Stapleton Ditch.
�J
April 1, 1997
WEST BUILDING:
0
• El IN
COUNTRYINN
BREAK DOPVV
(16) One Bedrooms at approximately 625 square feet
(11) One Bedrooms ... (6) at approximately 675 square feet (55) at
625 square feet
(2) Studios at approximately 330 square feet
the di_lgram given to Dave Tolen has the incorrect number of
studios on it, some will be combined to form one bedrooms a
more detailed drawing will be provided shortly.
EAST BUILDING:
(3) Two Bedrooms at approximately 775 square feet
(6) One Bedrooms at approximately 630 square feet
(2) Studios at approximately. 330 square feet
per John Durso in a phone conversation on April 1.199-
' MEMORANDUM
TO: Aspen Planning and Zoning' Commission
THRU: Stan Clauson, Community Development Director OL�✓
Julie Ann Woods, Deputy Director ,
FROM: Christopher Bendon, Planner
RE: Aspen Country Inn Affordable Housing:
PUD Conceptual and Final Review (public hearing)
Subdivision Review (public hearing)
Amendment to the Official Zone District Map (public hearing)
Special Review
DATE: April 10, 1997
SUMMARY:
The applicant, Dave Tolen, Director of the Aspen/Pitkin County Housing
Authority, has requested a continuation of this public hearing to April 29, 1997.
The proposal includes a request for the conceptual and final approval (combined)
of a Planned Unit Development, subdivision approval, an amendment of the
Official Zone District Map, and a Special Review.
Staff recommends continuation of this public hearing to April 29, 1997.
APPLICANT:
City of Aspen. Represented by Dave Tolen, Aspen/Pitkin County Housing
Authority.
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 (just west of the Pomegranate
Condominiums),
RECOMMENDED MOTION:
"I move'to continue this public hearing for the Aspen Country Inn to April 29,
1997."
Chris Bendon
Aspen Community Development Department
130 S. Galena
Aspen, CO, 81611
Dear Chris,
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Housing Office
City of Aspen /Pitkin County
530 East Main Street, Lower Level
Aspen, Colorado 81611
(970) 920 -5050
Fax: (970) 920 -5580
Please accept this letter as a request to continue the public hearing for the Aspen Country
Inn, currently scher April 15, 1997. We are providing some additional materials
for your�iew.
IS�av e Tolen,
Executive Director
RESOLUTION OF THE ASPEN/ PITKIN COUNTY GROWTH MANAGEMENT
COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL EXEMPT
FORTY (40) AFFORDABLE HOUSING UNITS FROM THE SCORING AND
COMPETITION PROCEDURES OF GROWTH MANAGEMENT AND
APPROVE THE METHOD IN WHICH THE UNITS ARE PROPOSED.FOR THE
ASPEN COUNTRY INN, 38996 HIGHWAY 82, ASPEN, COLORADO
Resolution #97 - 9
WHEREAS, The Community Development Department received an application
(development proposal) from Aspen/Pitkin County Housing Authority (applicant) for the
provision of forty (40) Category 1 and 2 units at the Aspen Country Inn,
WHEREAS, Pursuant to Section 26.100.050(C) of the Aspen Municipal Code,
affordable housing deed restricted in accordance with the Housing Guidelines of the City
Council may be exempted from the growth management scoring and competition
procedures by the City Council after review and consideration by the Growth
Management Commission at a public hearing, and
WHEREAS, pursuant to Section 26.100.110(J) of the Aspen Municipal Code,
approval of the method by which the applicant proposes to provide affordable housing
shall be at the option of the City Council, upon the recommendation of the Growth
Management Commission; and,
WHEREAS, the Community Development Department reviewed the
development proposal and recommends the Growth Management Commission make a
recommendation to the City Council, with conditions; and,
WHEREAS, during a public hearing at a regular meeting on April 8, 1997, the
Growth Management Commission recommended by a 9 -0 vote the Aspen City Council
_exempt forty (40). affordable housing units from the scoring and competition procedures
of growth management and approve the method in which the units are proposed for the
Aspen Country Inn, 38996 Highway 82.
NOW, THEREFORE BE IT RESOLVED BY THE GROWTH MANAGEMENT
COMMISSION:
That the City Council should exempt forty (40) affordable housing units from the scoring
and competition procedures of growth management and approve the method in which the
units are proposed for the Aspen Country Inn, 38996 Highway 82, with the following
conditions:
The project shall consist of forty (40) affordable housing units deed restricted to
Categories 1 and 2. Priority shall be given to qualified seniors for between 24
r�
and 40 of these units. In the absence of a qualified senior, a qualified resident
shall be allowed to occupy the unit. Any change to the Housing Authority's
policy concerning this parcel shall be considered an insubstantial amendment,
subject to approval by the Community Development Director.
The applicant is fully subject to all reviews and approvals by the Aspen Planning
and Zoning Commission and the Aspen City Council as required in the
Municipal Code. In no way shall this recommendation imply approval of any
other required approval.
All material representations made by the applicant in the application and during
public meetings with the Growth Management Commission shall be adhered to
and considered conditions of this recommendation, unless otherwise amended by
other conditions.
APPROVED by the Growth Management Commission at its meeting on April 8, 1997.
APPROVED AS TO FORM:
Ci
City Attorney
ATTEST:
ackie Lothian, Deputy City Clerk
GROWTH MANAGEMENT COMMISSION:
,5�v� aat v►'��
Sara Garton, Chair
MEMORANDUM
TO: Growth Management Commission
THRU: Stan Clauson, Community Develop t Director
Julie Arm Woods, Deputy Director
FROM: Christopher Bendon, Planner
RE: Aspen Country Inn Affordable Housing
DATE: April 7, 1997
SUMMARY:
The applicant is requesting an exemption from growth management scoring and
competition for forty (40) affordable housing units at the Aspen Country Inn,.and
an approval as to the method of providing this affordable housing by the City
Council. The proposed method is 100% affordable housing provided on -site,
deed restricted to Categories 1 & 2. Priority shall be given to qualified seniors for
between 24 and 40 of the units. In absence of a qualified senior, qualified
residents shall be allowed to occupy these units.
Before City Council may consider exemption and the method proposed, the
Growth Management Commission must make a recommendation to City Council
as explained in Procedure.
Staff recommends that the Commission recommend approval to the City
Council, with conditions.
APPLICANT:
City of Aspen. Represented by Dave Tolen, Aspen/Pitkin County Housing
Authority.
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 (just west of the Pomegranate Inn)
r ZONING:
Park Planned Unit Development (P -PUD). The application is proposing a zone
change to AH1 -PUD, which will be considered by the Aspen Planning and
Zoning Commission and by City Council.
CURRENT LAND USE:
Temporary housing for construction workers associated with the Maroon Creek
Club. The building was formerly a lodge, but was scheduled to be demolished.
PROPOSED LAND USE:
Residential. Forty (40) Category 1 and 2 affordable housing units. Priority to
qualified seniors will be given for between 24 and 40 of the units.
PROCEDURE: Affordable Housing
Affordable housing projects are eligible for an exemption from the scoring and
competition components of growth management by the City Council. The
application must first, however, be reviewed and considered by the Growth
Management Commission at a public hearing. Affordable housing projects are
deducted from the annual allotment. Please refer to Exhibit "A" for the applicable
Code language.
PREVIOUS ACTION:
Not applicable.
BACKGROUND:.
The Aspen Country Inn was originally scheduled to be demolished as part of the
Maroon Creek PUD. During construction of the Maroon Creek Club, the entire
property was annexed into the City and rezoned to Park (P), earmarked for open
space purposes. During the annexation process, the City entered into an.
agreement with the owner to purchase the Aspen Country Inn and re- develop it as
affordable . housing to be operated by the Housing Authority..
The original proposal has been amended. There are now 40 units being proposed
for rental to qualified employees in Categories 1 and 2. Priority to qualified
seniors will be given for between 24 and 40 of these units.
CURRENT ISSUES:
These units are deducted from the pool of annual development allotments. The
number of allotments currently available in this category is:
Standard Maximum Allotment Pool = B + A
Where:
B = base allotment
A = accumulated allotment deficit /surplus (from preceding years; as
compared to base allotment
Standard Maximum Allotment Pool:;:: 43 -base allotment for current year, 96 -97
- 25 - development allotted in current year
+ 42 - allotments not used in 1995
+ 34 - allotments not used in 95 -96
= 94 Affordable Housing Allotments
The applicant is requesting 40 units of the 94 available.
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FINANCIAL IMPLICATIONS:
The City currently has a contract to purchase this parcel, contingent upon land use
approval and a thirty (3 0) day -grace period following the land use decision.
STAFF COMMENTS:
The exemption by City Council is subsequent to review and consideration by the
GMC. There are, however, no specific review criteria for this review and
consideration. To the extent possible, Staff has incorporated general merits of the
project in the `method' comments below.
"Approval of the method by which the applicant proposes to provide affordable
housing shall be at the option of the City Council, upon the recommendation of
the Growth Management Commission. In evaluating the applicant's proposal, the
advice of the Aspen/Pitkin County Housing Authority shall be sought in
considering the following factors:"
1. Whether the city has an adopted plan to develop affordable housing with
monies received from payment of affordable housing dedication fees.
Staff Findinz:
The City, through the Housing Authority, has developed an affordable housing
plan for both public and private monies. This project is also taking advantage of
Federal monies. The units produced on this site will potentially be less expensive
to develop than other units that the Housing Authority has produced in the past,
due to these potential Federal subsidies
2. Whether the city has an adopted plan identifying the applicant's site as being
appropriate for affordable housing.
Staff Finding:
The site is not identified in the AACP as a potential affordable housing site. This
is most likely due to the fact that the building was being used as a lodge when the
AACP was published. Because the site is now available, among other reasons,
the Housing Authority believes this site to be appropriate for affordable housing.
3. Whether the applicant's site is well suited for• the development of affordable
housing, taking into account the availability of services, proximity to
employment opportunities and whether the site is affected by environmental
constraints to development or historic preservation concerns.
Staff Finding:
The site is not constrained by historic preservation concerns.
The site is somewhat constrained, by environmental concerns. There are wetlands
on the western portion of the property. The proposed development, however, is
mostly remodeling and some reconstruction and will not affect these wetland
areas.
The site's location is somewhat removed from employment opportunities. Some
employment opportunities are within walking distance, namely the golf course
and possibly the base of Buttermilk Ski Area. Other employment opportunities
are certainly within a short bus ride, or via van service if one is initiated. Also to
be considered are the transportation needs of the residents. If the building is to
serve senior citizens, they may or may not require access to employment, but will
likely require access to other activities, recreation, volunteer work, etc., and
community facilities which are largely in the downtown area.
Overall, staff feels that this location is an appropriate proposal for affordable
housing. Category 1 and 2 housing is by far the most demanded housing in
Aspen. Providing forty (40) units in these two categories, although reserved in
part for a specific group, is certainly a step in the right direction. Also, many of
the residents of this project will be moving from existing affordable housing units
in town. This turn -over will provide affordable units to the general population
looking for affordable units.
The seniors involved in the planning and approval process have expressed the
suitability of this site for its location, removed from the downtown but still
accessible, for its design as apartments and not as special housing, and for its
creation of a sense of commonality between seniors. Nearby residents that have
been involved in the planning and approval process have also expressed their
acceptance of this project.
The character of Aspen is being eroded as the "critical mass" of permanent
residents move away so they can afford adequate housing. Important to this
character is not only the maintenance of an up valley work force but of the prior
and future work forces, which promotes the perception that Aspen is a real town
with real people. As a project that provides housing for area citizens who have
contributed over the years to `'Aspen, the Community," this project furthers goals
in the AACP of revitalizing, or at least maintaining, the permanent population and
encouraging a balanced permanent community.
4. Whether the method proposed i>>ill result in employee housing being produced
prior to or at the sane time the impacts of the development Neill be experienced
by the community.
Staff Finding:
By default, the proposed employee housing will be produced at the same time. as
the impacts of the development.
0
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1]
5. Whether the development itself requires the provision of affordable housing
on -site to meet its service needs.
Staff Findine:
Because the proposed project is 100% affordable housing, no other on -site
housing is required. There may be, however, an on -site manager associated with
the housing development renting one of the units.
RECOMMENDATION:
City Staff has reviewed this application according to the applicable criteria and
recommends that the Growth Management Commission recommend to the Aspen
City Council the exemption of forty (40) affordable housing units, via the
proposed method, at the Aspen Country Inn, with the following conditions:
The project shall consist of forty (40) affordable housing units deed
restricted to Categories 1 and 2. Priority shall be given to qualified seniors
for between 24 and 40 of these units. In the absence of a qualified senior,
a qualified resident shall be allowed to occupy the unit. Any change to the
Housing Authority's policy concerning this parcel shall be considered an
insubstantial amendment, subject to approval by the Community
Development Director.
2. The applicant is fully subject to all reviews and approvals by the Aspen
Planning and Zoning Commission and the Aspen City Council as required
in the Municipal Code. In no way shall this recommendation imply
approval of any other required approval.
All material representations made by the applicant in the application and
during public meetings with the Growth Management Commission shall be
adhered to and considered conditions of this recommendation, unless
otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to recommend to the Aspen City Council the growth management
exemption of forty (40) affordable housing units, via the proposed method, with
the conditions listed in the City Staff memo dated April 7, 1997."
ATTACHMENTS: Exhibit "A" - Applicable text from City Code
Exhibit "B" - Application
Exhibit "C" -.Agency referral comments
EXHIBIT A
PROCEDURE: Affordable Housing
26.100.050 (C) Exemption by City Council.
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"Procedure... the development application shall be forwarded to the
Growth Management Commission for review and consideration at a hearing for
which notice has been given pursuant to Section 26.52.060E a . After the
Growth Management Commission's review, the application shall be forwarded to
the City Council for consideration at a public hearing ...the City Council shall
approve, approve with conditions, or deny the application for exemption.
(3) "City Council exemptions that are deducted from the pool of annual
development allotments and from the metro area development ceilings."
(b) "Affordable Housing. All affordable housing deed restricted in accordance
with the housing guidelines of the City Council and its housing designee, shall be
exempt from the growth management competition and scoring criteria procedures
by the City Council."
"Approval of the method by which the applicant proposes to provide affordable
housing shall be at the option of the City Council, upon the recommendation of
the Growth Management Commission.
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MEMORANDUM
TO: Growth Management Commission
.d
FROM: Christopher Bendon, Planner (4,vv�
RE: Amendment to the Original Proposal
Aspen Country Inn Affordable Housing
DATE: April 3, 1997
The original proposal has been amended. There are now 40 units being proposed for
rental to qualified employees in Categories 1 and 2. Between 24 and 40 of these unit will
be further deed restricted to qualified seniors.
Attachments
f•
w •
April 1, 1997
CO UNTR Y LYN
BREAK DOWNT
WEST B UILDLNG:
(16) One Bedrooms at approximately 625 isquare feet
.SOUTH B UILDI_yG:
(11) One Bedrooms ... (6) at approximately 675 square feet (5) at
625 square feet
(2) Studios at approximately 330 square feet
the diagram given to Dave Tolen has the incorrect number of
studios.on it, some -will be combined to form one bedrooms a
more detailed drawing will be provided shortly.
FAST B UILDLVG:
(3) Two Bedrooms at approximately 775 square feet
(6) One Bedrooms at approximately 630 square feet
(2) Studios at approximately 330 square feet
per John Durso in a phone conversation on April 1. 1997
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