HomeMy WebLinkAboutLand Use Case.18 Truscott Pl.51A-89a._._A &=Rgo-f Inn PUD Final Plat
2735-122-00-002 51A-89
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PLANNED UNIT DEVELOPMENT AND `ys�
SUBDIVISION IMPROVEMENTS AGREEMENT e?
FOR TRUSCOTT PLACE
AFFORDABLE HOUSING PROJECT
THIS PLANNED UNIT DEVELOPMENT AND SUBDIVISION IMPROVEMENTS
AGREEMENT ("Agreement") is made and entered into by and between the
City of Aspen, a municipal corporation and home rule charter city
(hereinafter referred to as the "City") and the Aspen/Pitkin County
Housing Authority, a multi -jurisdictional housing authority
established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT recorded in Book 605 and Page 751 of the records of the
Pitkin County Clerk and Recorder's Office (herinafter referred to
as "Lessor").
W I T N E S S E T H
WHEREAS, in 1989 the Lessor submitted to the City for
approval, a Final Planned Unit Development of a residential project
consisting of forty-six (46) affordable rental housing units
(Buildings 200 and 300), conversion of fifty (50) lodge rooms (in
the old Red Roof Inn Building - Building 100), a reduction in
parking spaces form 114 to 86 parking spaces and rezoning of
154,890 square feet to the Public Zone district; and
WHEREAS, in 1989 the Project received approvals pursuant to
the following sections in the Aspen Municipal Code: Rezoning from
GCS (Golf Course Support) to PUB (Public) pursuant to Chapter 24,
Article 7, Division 11; Conditional Use for Affordable Housing
pursuant to Chapter 24, Article 7, Division 3; Final Planned Unit
Development approval pursuant to Section 7-903(B); Special Review
for Parking pursuant to Section 7-404 (B)(2); and GMQS Exemption
for Affordable Housing pursuant to Section 8-104 (C) (1) (c) ; and
Vesting of Development Rights pursuant to Section 24-6-207; and
WHEREAS, the Project requested improvements in 1993 for
Building 100 to provide 50 private storage closets for an increase
in floor area of 1,325.0 square feet and replacement of the balcony
railings with a solid railings for the studio units, enclose the
two existing trash/recycle bins, provide eight additional on -site
parking spaces at the end of the cul-de-sac area; remodel the old
Housing Office into a two -bedroom manager's unit; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (8) (c) of the Municipal Code and did conduct
a public hearing therein on May 4, 1993; and
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5 � i i 199 B- 7 5C i P-964 C i 5 / 19 / 94 1 1 : C� 5A PG 1 OF 86 REC DOC.
SILVIA DAVIS PITF:::IN COUNTY CLERk:: & RECORDEF: 47 ). tii>
WHEREAS, upon review and consideration of the amendments,
agency and public comment thereon, and those applicable standards
as contained in Section 24-7-907(B) of the Municipal Code, to wit,
(Planned Unit Development), the Planning and Zoning Commission has
recommended approval of the substantial amendments to the Truscott
Place Final PUD Development plan subject to conditions, to the City
Council; and
WHEREAS, the Lessor upon further review of the auto
disincentive parking plan was approved to provide an additional
eight (8) on -site parking spaces; and
WHEREAS, the City has imposed on the Lessor conditions and
requirements in connection with the approvals described above such
conditions and requirements being necessary to protect, promote and
enhance the public health, safety and welfare. Such conditions are
set forth in Ordinance No. 30, (Series of 1993), attached as
Exhibit "C" and incorporated herein; and
WHEREAS, under Section 7-904 and 7-1006 of Article 7, Chapter
24 of the Municipal Code of the City of Aspen (hereinafter "Land
Use Regulations"), the City is entitled to assurance that the
matters agreed to herein will be performed by the Lessor and its
successors or assigns; and
WHEREAS, the Lessor is willing to enter into such Agreement
with the City and to provide assurances set forth herein to the
City; and
WHEREAS, prior to entering into this Agreement, the City fully
considered the development applications dated May, 1993 and June,
1993, filed by the Lessor with the City Planning Department and has
reviewed the anticipated benefits and burdens to neighboring or
adjoining properties by reason of this Project. Further, the City
has considered the requirements, terms and conditions of the
Municipal Code of the City of Aspen and such laws, rules and
regulations as are applicable; and
WHEREAS, the Lessor has submitted to the City for approval,
execution and recording an Amended Final Planned Unit Development
Plat (hereinafter referred to as the "Plat") pertaining to the
development of a residential project consisting of forty-six deed
restricted affordable rental units and the conversion of fifty (50)
deed restricted affordable studios known as the Truscott Place
Development (hereinafter collectively known as the "Project") on
real property owned by the City of Aspen which is more particularly
described as Lot 2, the Aspen Golf Course Subdivision. A reduced
copy of Plat is attached as Exhibit "B" and is incorporated herein;
and
WHEREAS, the City is willing to approve, execute and accept
for recordation the Plat; and
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WHEREAS, this Agreement, the Plat and Ordinance No. 30,
(Series of 1993), shall constitute the amended and final
development plan and development regulations for the Project
pursuant to Section 7-906, of Chapter 24 of the Municipal Code.
NOW, THEREFORE, in consideration of the mutual covenants
herein and the approval, execution and acceptance of the Plat for
recordation by the City, it is agreed as follows:
1. Description of Protect. The existing Building 100
contains 30,781 square feet of floor area to include; fifty (50)
studios of 367 square feet, one (1) 2-bedroom 1,000 s.f. on -site
property management dwelling unit, laundry room at 800 s.f., APCHA
office at 200 s.f. The upper level golf course accessory uses
include bar/lounge area at 2,448 s.f., dining area at 2,348 s.f.,
upper loft/office at 620 s. f. , kitchen and kitchen storage at 1,121
s.f. and restrooms at 260 s.f. The lower level golf course
accessory uses include APCHA maintenance area at 1,104 s.f., Aspen
Jr. Golf area at 1,400 s.f., liquor storage area at 272 s.f., and
general restaurant storage area at 368 s.f.
The 1993 PUD amendments shall add a total of 1,527 square
feet of floor area to the PUD development plan to include; addition
of 1,325 s.f. of floor area to Building 100, enclosure of the
existing two trash/recycle bins for approximately 202 s.f. and
replace the open deck railing with a solid deck railing for each
studio unit.
Building 200 contains 17,950 square feet of floor area to
include: Ground Floor - One (1) 2-bedroom unit at 694 s.f., four
(4) 1-bedroom units at 502 s.f, seven (7) 2-bedroom units at 698
s.f.; Second Floor - One (1) 2-bedroom loft unit at 871 s.f., two
(2) studio loft units at 556 s.f. and nine (9) 2-bedroom loft units
at 931 s.f. Subterranean floor area includes storage, mechanical
rooms and stairs equaling 2,514 s.f.
Building 300 contains 16,321 square feet of floor area to
include: Ground Floor - One (1) 2-bedroom unit at 694 s.f., four
(4) 1-bedroom units at 502 s.f., six (6) 2-bedroom units at 698
s.f.; Second Floor - One (1) 2-bedroom loft unit at 871 s.f., two
(2) studio loft units at 556 s.f., and eight (8) 2-bedroom loft
units at 931 s.f. Subterranean floor area includes mechanical
space equaling 410 s.f.
2. Acceptance of Plat. Prior to filing, the amended plat
shall be reviewed and approved by the Engineering and Planning
Departments. The amended plat and agreement shall include prior
approval and approved amendments. Upon execution of this Agreement
by all parties hereto, and upon approval of the amended final plat
by the Engineering Department and Planning Office, the City agrees
to approve, and execute the final plat for the Project submitted
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370199 B- 7 50 P-96 7 05 / 19 / 94 1 1 : 05A PG 4 OF 86
herewith, which conforms to the requirements of the Section 24-7-
1004 of the Aspen Municipal Code. The City agrees to accept the
Plat for recording and the Lessor shall file with the Pitkin County
Clerk and Recorder an amended PUD development plan and PUD
agreement within 180 days of final approval (June 14, 1993) or the
approval is rendered invalid. Reduced size copies of the following
documents, representing plat and plans that have been approved as
part of this Subdivision Improvements Agreement, are attached as
the following Exhibits:
A. Legal description, Exhibit "A".
B. Reduced Copy of Plat, Exhibit "B".
C. Ordinance 30, (Series of 1993), Exhibit "C".
D. Aspen City Council Minutes dated June 29, 1989,
Exhibit "D".
E. Ordinance No. 37, (Series of 1989), Exhibit "E".
F. Ordinance No. 31, (Series of 1989), Exhibit "F".
G. Truscott Place Occupancy Deed Restriction and
Agreement for Employee Dwelling Units, Located in
Building 100, Approved Pursuant to Section 3-8.13
of the Pitkin County Land Use Code, Exhibit "G".
H. Truscott Place Occupancy Deed Restriction and
Agreement for Employee Dwelling Units, Located in
Buildings 200 and 300, Approved Pursuant to Section
3-8.13 of the Pitkin County Land Use Code, Exhibit
nHn.
I. Final Landscape Plan, Exhibit "I".
J. Private Utilities Plan, Exhibit "J".
K. Subsoil Study for Foundation Design, prepared by
Chen -Northern, Inc., dated June 20, 1989, Exhibit
'OK".
L. "Ownership and Encumbrance Report, Exhibit "L".
3. Construction and Phasing. The construction for Buildings
200 and 300 were completed in the fall of 1990. Remodeling of the
fifty studio apartments and enclosure of the outside storage space
for Building 100 were completed in the summer of 1993. Remodeling
of Building 100 construction costs, which included adding parking
spaces and storage units, totaled $657,000.
4. Parking. The Lessor is to provide the Planning Office
with the revised Plat depicting the ninety-two (92) parking spaces.
The Lessor shall insure that parked vehicles will not encroach into
the cul-de-sac.
The City may require the Lessor to provide more than the
ninety-two (92) approved parking spaces on -site. The Lessor shall
not construct any permanent facilities on the location of the west
parking lot. This parking lot was removed to pursue auto
disincentives and must remain an option for future parking
expansion, if necessary. Paving of the basketball and volleyball
courts could provide a substantial number of on -site parking
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370199 B- i 5C. ) P-968 05/ 19/94 1 1 : 05A PG 5 OF 86
spaces, if required. For this reason, the recreational
improvements are located as temporary uses in case more parking is
needed.
The Lessor commits to a parking management/auto
disincentive program which shall be surveyed on an annual basis to
determine if the program is effective. If it is proven non-
effective, the Lessor shall return to the City to increase the
number of on -site parking spaces.
5. Landscaping. The Lessor agrees that it shall landscape
the Project in accordance with the Final Landscape Plan attached
hereto as Exhibit "I", which plan shows the extent and location of
plants installed, all landscape features, flowers and shrub
definition, the treatment of all ground surfaces (paving, sod,
etc.) and other elements of the landscape plan, including
associated irrigation systems and revegetation of all disturbed
areas. The Lessor shall promptly replace any plants which have not
survived for a period of one growing season following the final
Certificate of Occupancy for the Project.
6. Public Improvements. The Lessor is to comply with the
Aspen Consolidated Sanitation District (ACSD) for connecting to the
district system and providing for the ACSD to take over ownership
and maintenance of the sewer line for the Project.
The Lessor is to provide a fire hydrant at the turnaround
as requested by the Aspen Fire Marshall.
a. Sewer Tap Fees. The Lessor has paid sanitary sewer
tap fees to the Aspen Consolidated Sanitation District (ACSD)
in the amount of $42,004.25 for the development of affordable
housing for Buildings 200 and 300.
b. Water Tap Fees. The Project is developed as 100%
affordable housing and is therefore exempt from payment of
water tap fees.
7. Private Utilities. The Lessor agrees to extend the
utility lines as provided on the Private Utility Plans attached as
Exhibit "J".
8. Residential Fire Safety. The Lessor commits to providing
a residential sprinkerled fire alarm system equipped with an
automatic system capable of notifying all occupants of any pending
fire hazard problems.
9. Private Amenities. The Project shall be constructed to
include provision of basketball and volleyball in conjunction with
the existing tennis facilities.
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10. Site Drainage. The Lessor shall provide the Engineering
Department with a subsoil study to determine the impact of existing
fill materials. See Exhibit "K" prepared by Chen -Northern, Inc.,
dated June 20, 1989.
Environmental Health should review and approve the grease
traps that are proposed to be installed on the outflow of the
proposed detention ponds. This has been accomplished. See Exhibit
"B", Utilities and Drainge Plan.
11. Private Road Improvements. The Lessor agrees to provide
the private road meeting City road construction specifications
identified on the Final Plat to provide access to the Project.
12. Highway 82 Intersection Improvements. The Lessor commits
to a continued working relationship with the Colorado Department of
Highways (CDOH) and RFTA (HOV) to pursue a satisfactory resolution
of the Highway 82 intersection problem.
The Lessor has budgeted $40,000.00 for improvements to
the intersection of Highway 82 and the Project access.
The Lessor shall work with the CDOH to provide a safe
pedestrian crossing of Highway 82 at the entrance of the Project.
The ultimate solution may require a traffic signal or pedestrian
underpass or both.
Prior to issuance of a building permit, the Lessor shall
submit a plat to the Engineering Department that includes any
applicable information required by Sections 24, Article 7-1004
(D)(1)(a)(3) and (D)(2)(a) of the Aspen Municipal Code.
13. Access Easement. Access is hereby granted to the City of
Aspen Parks Department through Lot 2 to access to soils storage as
shown on plat.
14. Parking Easement. A parking easement shall be obtained
from the City to increase the amount of parking. City Council may
grant the easement to be shown on the final plat.
15. Auto Disincentive Program. The City may require the
Lessor reconsider a shuttle van program with RFTA, a bicycle fleet
or another form of auto disincentive to provide for the needs of
the residents.
16. Transit Plan. The Lessor shall develop a detailed
Transit Plan in cooperation with the Music Associates of Aspen
(MAA) and the Roaring Fork Transit Agency (RFTA). Suggested
elements of this plan include free transit, safe crossing of
Highway 82 or a RFTA turn around on the site, provision of a
covered bicycle rack(s) and provision of a fleet of bicycles for
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use by the MAA students and other residents. This condition of the
original 1989 approval is no longer relevant as MAA does not occupy
this property.
17. Soil Storage Area. The Parks Department request that if
problems arise between residents and the upkeep of the City's soil
storage area, the Lessor shall construct a privacy fence or install
landscaping to shield the soil storage area from resident housing
and parking.
18. Deed Restrictions. Attached as Exhibit "H" is the
recordation information of the Truscott Place Occupancy Deed
Restriction and Agreement for Employee Dwelling Units, Located in
Buildings 200 and 300, approved pursuant to Section 3-8.13 of the
Pitkin County Land Use Code to be used for the Buildings 200 and
300. Occupancy of these units shall be governed by the
Aspen/Pitkin County Housing Authority's guidelines for Category #2
and #3 income, occupancy and residency guidelines.
Attached as Exhibit "G" is Truscott Place Occupancy Deed
Restriction and Agreement for Employee Dwelling Units, Located in
Building 100, approved pursuant to Section 3-8.13 of the Pitkin
County Land Use Code to be used for occupancy of Building 100.
Prior to issuance of a Certificate of Occupancy, the Lessor shall
execute and record in the Pitkin County Real Property Records these
Master Deed Restrictions as incorporated and attached hereto.
Occupancy of these units shall be governed by the Aspen/Pitkin
County Housing Authority's guidelines for Resident Occupied (R/O)
category as to residency and employment requirements.
19. Wood Burning Devices. No wood -burning devices are
provided for Buildings 200 and 300. A wood -burning device located
in Building 100 has been rendered inoperable and shall be approved
for operation by the Environmental Health Department prior to any
proposed use.
20. Recycling Program. The Lessor commits to working with
Jim Duke to provide recycling containers on -site.
21. Vesting of Development Rights.- The rights granted by the
site specific development plan approved by Ordinance No. 30,
(Series of 1993) shall remain vested for three (3) years from the
date of final adoption (June 14, 1993). However, any failure to
abide by the terms and conditions attendant to this approval shall
result in forfeiture of said vested property rights. Failure to
timely and properly record all plats and agreements as specified
herein and or in the Municipal Code shall also result in the
forfeiture of said vested rights. The approval granted hereby
shall be subject to all rights if referendum and judicial review.
Nothing in the approvals provided in Ordinance No. 30, (Series of
1993) shall exempt the site specific development plan from
subsequent reviews and or approvals required by Ordinance No. 30,
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3 7o 199 B-75� � P-971 t y5/ 19/94 1 1: 05A PG 8 OF 86
(Series of 1993) or the general rules, regulations or ordinances or
the City provided that such reviews or approvals are not
inconsistent with the approvals granted and vested herein. The
establishment herein of a vested property right shall not preclude
the application of ordinances or regulations which are general in
nature and are applicable to all property rights subject to land
use regulations by the City including, but not limited to,
building, fire, plumbing, electrical and mechanical codes. In
this regard, as a condition of this site development approval, the
Lessor shall abide by any and all such building, fire plumbing,
electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
22. Material Representations. All material representations
made by the Owner on record in accordance with the approval of the
Project shall be binding upon the Owner, its successors and
assigns.
23. Notice. Notices to the parties shall be sent by the
United States Certified Mail, Return Receipt Requested, Postage
Prepaid, to the addresses set forth below or to any other address
received, three (3) days after the date of mailing the same.
To the Owner: c/o City Manager
130 S. Galena
Aspen, Colorado 81611
To the Lessor: Aspen/Pitkin County Housing Authority
530 E. Main, Lower Level
Aspen, Colorado 81611
24. Applicable Law. This Agreement shall be subject to and
construed in accordance with the laws of the State of Colorado and
the Aspen Municipal Code of the City of Aspen, Colorado.
25. Severability. If any of the provisions of this Agreement
are determined to be invalid, it shall not effect the remaining
provisions hereof.
26. Binding Effect. The provisions of this Agreement shall
run with and constitute a burden on the land on which the Project
is located and shall be binding on and enure to the benefit of the
Owner, its successors and assigns and the Owner, its successors and
assigns.
27. Enforcement. In the event the Owner determines the
Lessor is not in substantial compliance with the terms of this
Agreement or the final plat, the Owner may serve a Notice of Non -
Compliance and request that the deficiency be corrected within a
period of six (6) months. In the event the Lessor believes that it
is in compliance or that the non-compliance is insubstantial, the
Lessor may request a hearing before the City Council to determine
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370199 E- i 5C ) P-972 05 / 19 / 9A. 1 1 : 05A PG 9 OF 86
whether the alleged non-compliance exists or whether any amendment,
variance or extension of time to comply should be granted. On
request, the Owner shall conduct a hearing according to standard
procedures and take such actions as or then deems appropriate. The
City shall be entitled to all remedies at equity and at law to
enjoin, correct and/or receive damages for any non-compliance with
the Agreement.
28. Recording. This Agreement shall be recorded in the
records of the Pitkin County Clerk and Recorder's Office.
29. Effective Date. This Agreement shall be effective from
the latest date of signature as illustrated below.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year below.
CITY OF ASPEN, a municipal corporation
John BLnnett, Mayor
ASPEN/PITKIN COUNTY HOUSING OFFICE
Date
Thomas Baker, 2xecutive Director Date
ATTEST:
Katherip# Koch, City Clerk
APPROVED AS TO FORM:
Date
�y
�T-Ohn orce ter, City Attorney Date
L. sZ9z
Amy gerum, C y Manager Date
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370199 P-750 P-973 cis/ 19/94 1 1 : 05A PG 1 Cf OF e6
EXHIBIT "All
Parcel described as Lot 2, The Aspen Golf Course Subdivision as
shown on plat thereof recorded in Plat Book 7 at Page 34.
EXHIBIT "B"
Page 1 of 11
PLAT OF LOT 2, ASPEN GOLF COURSE SUBDIVISION (THIS PLAT AMENDS THE ASPEN GOLF COURSE SUBDIVISION RECORDED IN BOOK 17. PAGES 34-401
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Page 2 of 11
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EXHIBIT "B"
Page 6 of 11
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Page 5 of 11
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Page 7 of 11
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Page 8 of 11 '
370199 B— i 5c i P-9$1 c i5 / 19 / 94 1 1 : i5A F'G 18 OF 86
/ SERY
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ASPEN GREENS UTILITIES 7`210• '°°x0
AND DRAINAGE PLAN fT.NO 9 OF 12
CI
EXHIBIT "B"
Page 9 of 11
� r (- 199 B--75C) F-98^ ti-'/ 19/94 1 1 : 05A PG 19 OF 2.6
'GRAPHIC SCALE'
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SONOP Lou. ASPEN. COLORA00 TRUSCOTT PLACE NEW ADDITION Oil!A'VERI.
GRAM 916R-n
o.er er .P en REVISE s!. Lt
P.r.O.
SEWER PLAN AND PROFILE 6-16t9C2
EXHIBIT "B"
Page 10 of 11
370199 B-750 Fr-983 05/19/94 11:05A F'G ^C? OF 86
BANNER,
' """tlrrlu�''�11MP• M1♦UII V m•` nY1uu muY�r.lN � ��
M1 � ...r\ ..� r w . 1\pl♦ •.Inll rul af. ... r�
TRUSCUTr-PI-ACE NEW AOOITION
SEWER DETAILS
mu
C3
370199 B-750 F-964 (75/19/94 11:015A F'G 211 OF e6
an 1. o 1.
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EXHIBIT "B"
Page 11 of 11
ITFILAI 1AU VALVF r. (IIRY
TRERIN 11
.AM AREA
punnImm,
TF?OS[ 01 F PIA(E NEW ADDITIDN
WATER LINE
0=99, =
C4
#358411 ���/ii1/93 1�•54 Rec=?��•c"icj $F:: 716 PG 604
Silvia. Davis, F'itE::in Cnty Clerk:, Dac•�?�=
EXHIBIT "C"
ORDINANCE N0.30 Page 1 of 6
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL
AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN AND VESTED RIGHTS FOR
THE TRUSCOTT PLACE FINAL DEVELOPMENT PLAN , 39551 STATE HIGHWAY 82
CITY OF ASPEN, PITRIN COUNTY, COLORADO.
WHEREAS, in 1989 the Truscott Place final PUD development plan
was approved by the City Council; and
WHEREAS, the final development plan included the conversion
of 50 lodge rooms (in the Old Red Roof Inn building) to studio
apartments and 46 new affordable dwelling units; and
WHEREAS, the applicant, Aspen Pitkin County Housing Authority
(APCHA) requested a reduction in the required number of parking
spaces from 114 to 86; and
WHEREAS, Council, seeking to minimize the impact of the
,1
automobile and set an example for managing the auto disincentive
granted the reduction in parking from 114 to 86 spaces; and
WHEREAS, the applicant has now submitted a request to amend
the 1989 PUD development approval and vest development rights for
three years; and
WHEREAS, the applicant proposes to provide 50 private storage
closets and replace the balcony railings with a more solid railing
for the studio units, enclose the two existing trash/recycle bins,
and provide eight additional on -site parking spaces; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (8) (c) of the Municipal Code and did conduct
a public hearing therein on May 4, 1993; and
1
370199 B- 7 50 P-985 05/ 19/94 11 : 05A PG 22 OF 86
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#k358411 i)7;._,4 nee= Doc
Silvia Davis, Pitk:in Cnty Clerk,
EXHIBIT "C"
Page 2 of 6
WHEREAS, upon review and consideration of the amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
9 of Article 7 (Planned Unit Development), the Planning and Zoning
Commission has recommended approval of the substantial amendments
to the Truscott Place final PUD development plan subject to
conditions, to the City Council; and
WHEREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the amendments, with
conditions, are consistent with the approved final PUD development
plan meets and the continued effort toward auto disincentives 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:
Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code,
and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
amendments of the final Planned Unit Development plan:
2
#35841 1 C) /01 /93 15: 54 Rec s:30. 00 B:: 716 PG 606
Silvia Davis, Pitkin Cnt y Clerk:, Doc :P.()Q
EXHIBIT "C"
Page 3 of 6
-� 1. The applicant's amendments to the final plan submission is
complete and sufficient to afford review and evaluation for
approval.
2. The amendment to the final PUD plan is consistent with or an
enhancement of the approved final development plan.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council grants a substantial amendment to the Final PUD
development plan approval at Truscott Place for the addition of 50
private storage closets, replacement of balcony railings for the
studio units, enclosure of two trash/recycle bins, and the addition
CO
CO of eight on -site parking spaces subject to the following
0
conditions:
1. The applicant shall file with the Pitkin County Clerk and
0
LL Recorder an amended PUD development plan and amended PUD agreement
within 180 days of final approval or the approval is rendered
It7 invalid.
2. Prior to filing, the amended plat shall be reviewed and
approved by the Engineering and Planning Departments. The amended
p`r plat and agreement shall include prior approval and approved
o
amendments.
3. All representations made by the applicant regarding this
amendment shall be adhered to during any development.
a)
4. The
applicant shall insure that
parked vehicles will not
encroach
into the cul-de-sac.
u_
S. A 14
foot driveway shall be provided,
as an easement, for Parks
and Golf
access to soil storage area and
an 18" PVC irrigation pipe
r`
(schedule 40 rates) shall be installed
to protect the irrigation
im
ditch.
6. An access easement shall be obtained from the City to increase
°'
the amount of parking. City Council may grant
the easement to be
01
1-+
shown on
the final plat.
C.
r-
r'
7. The
Parks Department has requested that
if problems arise
between residents and the upkeep of the City's
soil storage area,
the Aspen
Pitkin County Housing Authority shall
construct a privacy
fence or
install landscaping to shield the soil
storage area from
.j
resident
housing and parking.
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#358411 15:54 Rec Df::: 716 PG 607
Silvia Davis. F'itk:in Cnty Clerk, Doc
EXHIBIT "C"
Page 4 of 6
8. The PUD amendments shall add a total of 1,527 square feet of
floor area to the PUD development plan.
Section 3: All material representations and commitments made by
the applicant pursuant to the amended PUD plan approvals as herein
awarded, whether in public hearing or documentation presented
before the 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 4: Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
Truscott Place PUD development plan as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three
(3) years from the date of final adoption specified
below. However, any failure to abide by the terms and
conditions attendant to this approval shall result in
forfeiture of said vested property rights. Failure to
timely and properly record all plats and agreements as
specified herein and or in the Municipal Code shall also
result in the forfeiture of said vested rights.
2. The approval granted hereby shall be subject to all
rights of referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or
the general rules, regulations or ordinances or the City
provided that such reviews or approvals are not
inconsistent with the approvals granted and vested
herein.
4. The establishment herein of a vested property right shall
not preclude the application of ordinances or regulations
which are general in nature and are applicable to all
property subject to land use regulation by the City of
Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this
regard, as a condition of this site development approval,
the developer shall abide by any and all such building,
' 4
15" J FEC '•U. llt) cr-. t� F'IJ 60d
#?--8411 iii !()1%9'' .
s, Pit4::in Cnty
Silvia DaviCL?r4t, Doc
EXHIBIT "C"
Page 5 of 6
fire, plumbing, electrical and mechanical codes, unless
an exemption therefrom is granted in writing.
Section 5: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
.� of a site specific development plan, and the creation of a
a) vested property right pursuant to Title 24, Article 68,
LL o Colorado Revised Statutes, pertaining to the following -
described property:
N The property shall be described in the notice and appended to said
c9
u- notice shall be the ordinance granting such approval.
LO
Section 6: This Ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
d-
Q now pending under or by virtue of the ordinances repealed or
01
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
01
00 Section 7: If any section, subsection, sentence, clause, phrase,
01
i
`�- or portion of this Ordinance is for any reason held invalid or
uO unconstitutional in a court of competent jurisdiction; such portion
r-
i
shall be deemed a separate, distinct and independent provision and
Q, shall not affect the validity of the remaining portions thereof.
Section 8: That the City Clerk is directed, upon the adoption of
r-
r:�
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
day of , 1993 at 5:00 in the City Council Chambers,
Aspen City H 11, Aspen Colorado, fifteen (15) days prior to which
5
# 35E41 1 uT/C 1 /9^ 15: 54 Rec � • <��? BF': F1`56 PG 609
Silvia. Davis, Pitkin Cnty Clerk, Doc �.c'ii; EXHIBIT "C"
Page 6 of 6
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the day of
1993. 3 1
e„1� John/Bennett, Mayor
est•
toc , City Clerk
FINALLY, adopted, passed and approved this day of
1993.
John ennett, Mayor
t ; f
Atte
l
Kathryn ti Koch, City Clerk
\1
170199
B_^,• 50 P•-990 05 / 19 / 94 1 1 : 05A PO ;_' i OF 86
[1
EXHIBIT "D"
Page I of 2
Continued Meeting Aspen City Council June 29, 1989
city is passing on a subsidy in an equitable way to employees
throughout the city and will the subsidy be directly reflected in
rents. Mayor Stirling agreed with supporting this request if there
is accessibility to these units from employees in general.
Peter said the hospital paid for a study done by RMI on water
conservation and suggested this may be transferrable to other
projects. Peter said they could also look at how tap fees affect
the rents. Tom Stevens said after looking at a couple of housing
projects, the single largest budget item is tap fees which trans-
lates into a lot of money per month for rents. Swanson said if
they could get an extension of when they have to pay the tap fees
until Council decides which way they are going, this would help the
project.
Councilman Crockett withdrew his motion.
Council requested a policy be set in the next 60 days.
FINAL PUD - Red Roof inns Employee Housing
Tom Baker, planning office, told Council P & Z is recommending
approval of the 86 parking space alternative. Rezoning of the land
will be on July 17. Tom Stevens, architect, pointed out the
architecture has remained the same, the square footages have been
refined. There will be 4 studios at 306 square feet; 4 one -bedroom
units at 556; 38 two -bedrooms ranging between 694 and 931 scruare
feet, a total of 46 units. The rents will be studio $300; one -
bedroom $500 and two -bedrooms $650 to $830. Jim Adamski, housing
office, said these rents are based on the costs they have right
down. If costs are lowered, the rents can be lowered.
Stevens said there are two buildings. The parking lot to the west
of the units, with 28 spaces, has been dropped. The total parking
is 86 spaces as part of an auto disincentive program. The plan
calls for renting on a priority level to non -car owners, providing
a van shuttle service to the project. Stevens told Council this
program will be monitored over a yearly period; it is a pilot
program. Stevens said if this program does not work, they have the
ability to come back and put in that parking lot. The area where
the parking lot used to be is now a volleyball and basketball
court. There is 51 percent open space on the project. Stevens
said they are working with the leisure services department on
coordinating this project with the golf course.
Baker said this project meets the GMQS exemption standards.
P & Z felt the applicant responded well to Council suggestions
about auto disincentive. P & Z focused on the intersection. All
criteria have been met with the exception of the intersection at
highway 82. Baker said condition T#3 deals with plowing the trail
14
370 199 B-750 P-991 05 / 19 / 94 1 1 : 05A PG 28 OF 86
EXHIBIT "D"
Page 2 of 2
Continued Meeting Aspen Citv Council June 29, 1989
between the golf course and Cemetery Lane to promote pedestrian and
bicycle travel. Stevens said this is a city -owned trail. Stevens
said the residents of this project are encouraged to use the
trails, but all citizens of Aspen are encouraged to use trails.
Stevens said the housing authority is not in the business of snow
plowing nor is it in the business of covering the liability for
plowing. Councilman Crockett said he feels the city should plow
this trail. Bill Efting, leisure services department, said the
city should be careful about setting precedents because there are
other trails the city does not take care of. Council agreed to
strike condition #3.
Baker said this project was well handled. There were a number of
neighborhood meetings held before going into the process, which
made things a lot smoother. Baker told Council the energy conser-
vation and environmental concerns that went into this project make
it a model affordable housing project. Baker recommended Council
approval final PUD and GMQS exemption, with the conditions approved
by P & Z.
Councilman Gassman moved to approve the growth management quota
system exemption and final PUD for Truscott place; seconded by
Councilman Peters.
Mayor Stirling asked if the public areas on the original building
will be renewed and brought up to a certain standard. Adamski said
the exteriors will be taken care of. Adamski said the housing
office would like to work with the vendor on the interior spaces.
Councilman Peters asked if it would make more sense to have the
restaurant used for the project rather than for the golf course.
Mayor Stirling said the sense of Council has been there needs to
be support facility for the golf course. Councilman Peters
suggested massing models be kept for affordable housing projects.
Baker told Council the rear yard setback is 3 feet rather than 5
feet. Stevens said this is to provide for an entrance to storage
facilities below the units. Stevens told Council under the public
zone district, dimensional requirements are set during special
review. Efting said the golf course alignment will not be
affected. Council agreed with the setback. Baker said options
suggested for solution to the highway problems are use of the HOV
lanes or a traffic signal or a pedestrian underpass. Baker told
Council the applicant is still working with the highway department,
who will require an access permit. Councilman Peters said he wants
staff to also pursue the speed limit near this project.
All in favor, motion carried.
370199 B-750 P-992 05/19/94 11.05A PG 29 OF 86
15
EXHIBIT
" E"
Nay=_5 :
�,�Q'r�
Page 1
of 3
w
=
Co
ORDINANCE NO.3 -7-
(Series of 1989)
m
C�
c
c=
a
AN ORDINANCE
REZONING THAT' PROPERTY IN THE CITY
OF.
ASPEN,
COLORADO,
]KNOWN AS LOT 2 OF THE ASPEN GOLF
COURSE
SUBDIVISION
FROM GCS
(GOLF
COURSE SUPPORT) OVERLAY TO PUB
(PUBLIC).
WHEREAS, the Aspen City Council has been presented with a
recommendation from the Planning and Zoning Commission to rezone
Lot 2 of the Aspen Golf Course Subdivision from GCS to PUB for
the purposes of providing affordable housing for the Community's
employees; and
WHEREAS, the City Council agrees with the Planning and
Zoning Commission; and
WHEREAS, a public hearing for this rezoning was held by the
Planning and Zoning Commission on June 20, 1989.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO
Section 1
That it does hereby rezone Lot 2 of the Aspen Golf Course
Subdivision to PUB (Public).
Section 2
That the Official Zone District Map be amended to reflect
the zoning described in Section 1 and the Planning Director be
authorized and directed to amend the map to reflect the zoning
change.
Section 3
That the City Clerk is directed upon adoption of this
ordinance to record a copy in the office of the Pitkin County
Clerk and Recorder.
-3; p 199 B-750 R-993 i �5 / 19 / 94 1 1 : i � 5A PG 30 OF B6
EXHIBIT "E" cou 61 — P;;uW
Page 2 of 3
Section 4
If any section, sub -section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by and court of competent jurisdiction, such
portion shall be deemed a separate, district and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 6
A public hearing on the Ordinance shall be held on the /%
day of 1989, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
1989.
if .{SP William L. Stizling, Mayor
ATTEST:
K thryp, Koch, City Clerk
�C4.?'
2
3 i i )199 B- i 50 P-994 05/ 19/94 1 1 : 05A PG 31 OF 86
EXHIBIT "E"
Page 3'of 3
FINALLY, adopted, passed and approved this /7 day of
1989.
V1 ! :)
OA U-
Michael'Gas',saan, D1-a o,r -P-r-o Tem
ATTEST:
:loch, City Clerk
aspen;,gr".rezon.ord.cc
37o199 B-750 P-995 05/19/94 11:05A F-G 32 OF 86
3
EXHIBIT "F"
Page 1 of 21
WHEREAS, the
State of Colorado
duly organized an
Article XX of the
the Charter of th
ORDINANCE NO. 5�
(Series of 1989)
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY
OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION
HOUSING BONDS, SERIES 1989A IN THE PRINCIPAL AMOUNT
OF $4,600,000, FOR THE PURPOSE OF PROVIDING FUNDS
FOR THE RENOVATION AND EXPANSION OF THAT PROPERTY
FORMERLY KNOWN AS THE "RED ROOF INN" LOCATED AT
22475 STATE HIGHWAY 82 IN THE CITY OF ASPEN, AND
�'
FOR THE REIMBURSEMENT OF CAPITAL EXPENDITURES
PREVIOUSLY INCURRED BY THE CITY WITH RESPECT
THERETO, TOGETHER WITH ALL NECESSARY INCIDENTAL AVD
APPURTENANT COSTS AND EXPENSES INCURRED IN
CONNECTION THEREWITH; PRESCRIBING THE FORM OF SAID
BONDS; PROVIDING FOR THE SALE OF SAID BONDS;
ESTABLISHING CERTAIN FUNDS WITH RESPECT THERETO;
PROVIDING A PLEDGE OF THE FULL FAITH A D CREDIT AF
THE CITY AS SECURITY FOR SAID BONDS; APPOINTING
PAYINGAGENT FOR SAID BONDS; APPROVING THE FORM OF
A LEASE WITH THE ASPEN/PITKINCOUNTY
AHOUSING
AUTHORITY AND THE FORMS OF A PAYING
GENCY
AGREEMENT AND BOND PURCHASE AGREEMENT; AND
PROVIDING OTHER DETAILS IN CONNECTION WITH SAID
BONDS.
of Pitkin and
co-rporation
pursuant to
Colorado and
e
Citv of Aspen, in the County
(the ,City"), is a municipal
d existing as a home rule city
Constitution of the State o�f
City (the "Charter"); ant
WHEREAS, Section 10.3 of the Charter provides in
pertinent part as follows:
paa
No bonds or other evidencthefuroceedsdness of general le
in whole or in part from t _ and
property taxes or to which the full faithissued,
credit of the City are pledged, shall be
except in pursuance of an ordinance, nor until the
Question of their issuance shall, at a special or
general election, be submitted to a vote of the
electors and approved by a majority of those voting
on the cruestion; .
and
WHEREAS, Section 13.4: of the Charter orovides ,n
pertinent Dart as follows:
Council shall not sell, exchange or dsosof use
public building, utilities or real property c
for public purposes, including real p Y
170199 B- 7 5i1 P-996 05/ 19/94 11,05A PG 33 OF 86
EXHIBIT "F"
Page 2 of 21
acquired for open space purposes, without first
obtaining the approval of a majority of the
electors voting thereon . . .
and
WHEREAS, the following question regarding the issuance
of general obligation bonds and the leasing of City property
was submitted to the electors of the City at the May 2, 1989
general election, and was approved by a majority of those
voting on the question:
QUESTION NO. 3 - ISSUANCE OF A GENERAL OBLIGATION
BOND NOT TO EXCEED $4.6 MILLION FOR THE PURPOSE OF
RENOVATION/EXPA_VSION OF THAT PROPERTY FORMERLY
KNOWN AS THE RED .ROOF INN FOR EMPLOYEE HOUSING/MAA
HOUSING PURPOSES, AND REIMBURSING THE CITY FOR
PREVIOUS CAPITAL EXPENDITURES THEREFOR
"Shall the City Council of the City of Aspen,
Colorado, be authorized to issue general obligation
bonds, in an amount not to exceed Four Million Six
Hundred Thousand Dollars ($ea600,000 the ithereste term
not to exceed t�renty (20) y
rs, andrate not to exceed ten percent (10a) for thormerly
renovation and expansion of that-properLy
known as the "Red Roof Inn" located at 22475 State
Highway 82 in the Citv of Aspen ($3,600,000.00),
such facility to be leased to the Aspen/Pitkin
Housing Authority, and for the reimbursement of
capital expenditures previously incurred by the
City with respect thereto ($1,000,000.00)?
Improvements shall not exceed seventy-five thousand
(75,000) square feet in size, comprising not more
than an additional one hundred (100) rooms and
accessory facilities, including, but not limited
to, bathrooms, living rooms, laundry facility and
kitchens. Proceeds from the reimbursement of the
capital expenditures shall be deposited in the Land
Fund, subject to appropriation therefrom by the
City Council. -Said parcel is also described as
Lot 2, The Aspen Golf Course Subdivision, as shown
on plat thereof -recorded in Plat Book 7 at Page 34,
Pitkin County records.
; and
37i )199 9--75t i P-997 i �5 / 19 / 94 1 1 : i �5A PG 34 OF 86
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EXHIBIT "F"
Page 3 of 21
WHEREAS, Section 10.4 of the Charter provides as follows:
The city shall not become -indebted for any purpose
or in any manner in an amount which, including
existing indebtedness, shall exceed twenty (20)
percent of the assessed valuation of the taxable
property within the city, as shown by the last
preceding assessment for city purposes; provided,
however, that in determining the limitation of the
City's power to incur indebtedness there shall not
be included bonds issued for the acquisition or
extension of a water system or public utilities; or
bonds or other obligations issued for the
acquisition or extension of enterprises, works or
ways from which the City will derive a revenue in
accordance with Section 10.5 of this article.
and;
WHEREAS, the City Council (the "Council") of the City
hereby determines that it is in the best interest of the City
to issue the bonds hereinabove referred to in the question
submitted to the electors of the City; and
WHEREAS, the Council hereby determines to issue its
"City of Aspen, Colorado,.General Obligation Housing Bonds,
Series 1989A" (the "Bonds") in the aggregate principal amount
of $4,600,000, in order to provide t*Ie funds necessary for
the renovation and expansion (the "Project") of that property
formerly known as the "Red Roof Inn" located at 22475 State
Highway 82 in the City (the "Existing Facility"), including
payment of interest on the Bonds during renovation and
expansion of the Project, and for reimbursement of capital
expenditures previously incurred by the City with respect
thereto, together with all necessary incidental and
appurtenant costs and expenses incurred in connection
therewith, the Bonds to be general obligations of the City
and secured by the full faith and credit thereof; and
WHEREAS, -the issuance of the Bonds will not exceed the
limitations provided in Section 10.4 of the Charter and will
be in pursuance of the election question set forth above; and
WHEREAS, the Council hereby determines to lease the
Existing Facility, as renovated and expanded by the Project,
to the Aspen/Pitkin County Housing Authority (the
"Authority") pursuant to a Lease Agreement dated as of
August 1, 1989 (the "Lease") between the City and the
Authority, pursuant to which the Authority will act as agent
for the City in carrying out the Project; and
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EXHIBIT "F"
Page 4 of 21
WHEREAS, the Council hereby determines to sell the Bonds
to George K. Baum & Company and Kirchner Moore & Company (the
"Underwriters") pursuant to a Bond Purchase Agreement (the
"Bond Purchase Agreement") as provided herein; and
WHEREAS, it is now necessary by ordinance to authorize
the issuance, sale and delivery of the Bonds, and to provide
for the details of and the security for the Bonds, and to
authorize the execution and delivery of the Lease, the Bond
Purchase Agreement and the hereinafter defined Paying Agency
Agreement and related matters;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO THAT:
Section 1. Definitions. In this Ordinance, the
capitalized words and terms not otherwise defined herein
shall have the following meanings:
o "Bond Fund" means the Bond Fund established pursuant to
Section 9 hereof.
rO "Bond Proceeds Fund" means the Bond Proceeds Fund
CD established pursuant to Section 9 hereof.
L
a "Bond Year" means the one-year period beginning on the
date of delivery of the Bonds and ending the day before the
first anniversary date of the delivery date of the Bonds, and
-� each one-year period thereafter.
"Bondowner" or "Owner" or "Owner of Bonds" means the
a person or persons in whose name or names a Bond shall be
registered on the registration books of the City maintained
by the Paying Agent.
01 "Code" means the Internal Revenue Code of 1986, as
U amended.
"- "Governmental Obligations" means direct general
obligations of, or obligations the payment of the principal
Ih of and interest on which are unconditionally guaranteed by,
the United States of America.
i
"Investment Instructions" means the letter of
instructions provided to the City on the date of issue of the
Bonds in accordance with Section 12 hereof.
"Ordinance" means this Ordinance and any supplements
hereto as may be adopted by the Council.
"Paying Agency Agreement" means the Paying Agency
Agreement dated as of August 1, 1989 between the City and the
Paying Agent.
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1362I
EXHIBIT 'Y'
Page 5 of 21
"Paying Agent" means The Colorado National Bank of
Denver, Denver, Colorado, which financial institution has
been appointed by the City as Paying Agent for the Bonds, and
any successor or additional paying agents with respect
thereto. .
"Rebate Fund" means the Rebate Fund established pursuant
to Section 12 hereof.
"Rebate Income Account" means the Rebate Income Account
established pursuant to Section 12 hereof.
"Rebate Principal Account" means the Rebate Principal
Account established pursuant to Section 12 hereof.
"Record Date" means the June 15 or December 15 preceding
each interest payment date with respect to the Bonds.
Section 2. Authorization of Bonds. For the purpose of
providing funds for the Project, together with all necessary
incidental and appurtenant costs and expenses incurred in
connection therewith, the City shall issue the Bonds in the
aggregate principal amount of $4,600,000. The principal of
and interest on the Bonds shall constitute general
obligations of the City and shall be payable from and secured
by a pledge of the full faith and credit of the City, as more
particularly hereinafter set forth.
Section 3. Bond Details. The Bonds shall be issued as
fully registered bonds without coupons in the denomination of
$5,000 or any integral multiple thereof. The Bonds shall be
dated August 1, 1989, and shall bear interest payable from
their date as hereinafter provided; provided that Bonds
issued in exchange for Bonds surrendered for transfer or
exchange shall bear interest from the date to which interest
has been paid, or if no interest has been paid thereon, then
from August 1, 1989. Interest on the Bonds shall be payable
on each January 1 and July 1, commencing on January 1, 1990.
The Bonds shall be numbered in such manner as the Paying
Agent shall determine, and shall bear interest at the rates
(per annum) and shall mature in the principal amounts and on
January 1 in the years as follows:
370199 B- i 50 P-1000 05 / 19 / 94 1 1 : 05A PG 37 OF 86
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EXHIBIT "F"
Page 6 of 21
Maturity
January 1) Principal Amount Interest Rate
1991
$ 120,000
6.400
1992.
130,000
6.45
1993
135,000
6.50
1994
145,000
6.55
1995
160,000
6.60
1996
170,000
6.65
1997
180,000
6.70
1998
195,000
6.75
1999
210,000
6.80
2000
225,000
6.90
2001
240,000
7.00
2009
2,690,000
7.20
The principal of, premium, if any, and interest on the
Bonds shall be payable in lawful money of the United States
of America. The principal of and premium, if any, on the
Bonds is payable at the principal corporate trust office of
the Paying Agent in Denver, Colorado. Interest on any Bond
is payable by check or draft of the Paying Agent mailed on
the interest payment date to the Owner thereof at his or her
address as it appears on the registration books of the City
or at such other address as is furnished to the Paying Agent
in writing by such Owner as of the Record Date. if any Bond
shall remain unpaid upon presentation at maturity, interest
shall continue to accrue until paid at the rate designated in
the Bond.
Section 4. paying Agent; Transfer and Exchange. The
Paying Agent is hereby appointed as paying agent, bond
registrar and authenticating agent for the City for purposes
of the Bonds. The Paving Agent shall maintain on behalf of
the City books for the purpose of registration and transfer
of Bonds, and such books shall specify the persons entitled
to the Bonds and the rights evidenced thereby, and all
transfers of Bonds and the rights evidenced thereby. Bonds
may be transferred or exchanged at the principal corporate
trust office of the Paying Agent upon payment by the Owner of
the Paying Agent's transfer fee, and any tax or governmental
charge required to be paid with respect to such transfer or
exchange. Bonds may be exchanged for a like aggregate
principal amount of Bonds of other authorized denominations
of the same maturity and interest rate. Upon surrender for
transfer of any Bond, duly endorsed for transfer or
accompanied by an assignment duly executed by the Owner or
his or her attorneys duly authorized in writing, and upon
payment of the fees, taxes, charges and costs described
above, the City shall execute and the Paying Agent shall
authenticate and deliver in the name of the transferee or
1362I
EXHIBIT "F"
Page 7 of 21
i transferees a new Bond or Bonds of the same maturity and
interest rate for a like aggregate principal amount. The
person in whose name any Bond shall be registered shall be
deemed and regarded as the absolute Owner thereof for all
purposes, whether or not payment on any Bond shall be
overdue, and neither the City nor the Paying Agent shall be
affected by any notice to the contrary.
Section 5. Redemption. The Bonds maturing on and after
January 1, 1996 are subject to prior redemp-ion, at the
option of the City, in whole or in part, and if in part, in
inverse order of maturities and by lot within a maturity, on
January 1, 1995 and on any interest payment date thereafter,
at the redemption prices (expressed as a percentage of
principal amount), plus accrued interest to the redemption
date as follows:
Redemption Date Redemption Price
January 1, 1995 and July 1, 1995 102.0%
January 1, 1996 and July 1, 1996 101.5
January 1, 1997 and July 1, 1997 101.0
January 1, 1998 and July 1, 1998 100.5
January 1, 1999 and thereafter 100.0
The Bonds maturing on January 1, 2009 shall be subject
to mandatory sinking fund redemption and shall be redeemed at
a price of par plus accrued interest to the redemption date
on January 1 of each of the following _years, and in the
following amounts:
Redemption
Date Principal
(January 1) Amount
2002 $255,000
2003 275,000
2004 295,000
2005 320,000
2006 345,000
2007 370,000
2008 400,000
2009 (maturity) 430,000
Not more than forty-five days nor less than thirty days prior
to the sinking fund redemption date for the Bonds maturing on
January 1, 2009, the Paying Agent shall proceed to select for
redemption (by lot in such manner as the Paying Agent may
determine), from all Bonds maturing on January 1, 2009
outstanding, a principal amount of such Bonds equal to the
aggregate principal amount of such Bonds redeemable with the
MAE
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EXHIBIT "F"
Page 8 of 21
required sinking fund payment, and shall call such Bonds for
redemption from the sinking fund on the next January 1, and
give notice of such call. At the option of the City to be
exercised by delivery of a written certificate to the Paying
Agent not less than forty-five days next preceding any
sinking fund redemption date, it may (i) deliver to the
Paying Agent for cancellation Bonds maturing on January 1,
2009 in an aggregate principal amount desired by the City or,
(ii) specify a principal amount of such Bonds which prior to
said date have been redeemed (otherwise than through the
operation of the sinking fund) and cancelled by the Paying
Agent and not theretofore applied as a credit against any
sinking fund redemption obligation. Each Bond maturing on
January 1, 2009 so delivered or previously redeemed shall be
credited by the Paying Agent at 100% of the principal amount
thereof against the obligation of the City on such sinking
fund redemption date and any excess shall be so credited
against future sinking fund redemption obligations in
chronological order. In the event the City shall avail
itself on the provisions of clause (i) above, the certificate
required above shall be accompanied by the Bonds to be
cancelled.
Notice of any redemption shall be given by the Paying
Agent in the name of the City by sending a copy of such
notice by certified or registered first-class, postage
prepaid mail, at least thirty (30) days prior to the
redemption date, to the owners of each of the Bonds being
redeemed. Such notice shall specify the number or numbers of
the Bonds to be redeemed (if redemption shall be in part) and
their redemption date. If any of the Bonds shall have been
duly called for redemption, then said Bonds shall become due
and payable at -such redemption date, and from and after such
date (if on or before the redemption date there shall have
been deposited with the Paying Agent funds sufficient to pay
the redemption price of such Bonds at the redemption date)
interest will cease to accrue tht•reon. Any Bonds redeemed
prior to their maturity shall not be reissued and shall be
cancelled.
Section 6. Execution, Delivery and Replacement of
Bonds. The Bonds shall be executed in the name and on behalf
of the City with the manual or facsimile signature of the
Mayor or Mayor Pro Tem, shall bear a manual or facsimile of
the seal of the City and shall be attested by the manual or
facsimile signature of the City Clerk or Deputy or Assistant
City Clerk. Should any officer whose manual or facsimile
signature appears on the Bonds cease to be such officer
before delivery of any Bond, such manual or facsimile
signature shall nevertheless be valid and sufficient for all
purposes. The Mayor and the City Clerk are hereby authorized
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EXHIBIT "F"
Page 9 of 21
and directed to prepare and to execute the Bonds in
accordance with the requirements of this Ordinance. When the
Bonds have been duly executed, the officers of the City are
authorized to, and shall, deliver the Bonds to the Paying
Agent for authentication. No Bond shall be secured by this
Ordinance or entitled to the benefit hereof, or shall be
valid or obligatory for any purpose, unless the certificate
of authentication of the Paying Agent, in substantially the
form set forth in this Ordinance, has been duly executed by
the Paying Agent. Such certificate of the Paying Agent upon
any Bond shall be conclusive evidence and the only competent
evidence that such Bond has been authenticated and delivered
hereunder. The Paying Agent's certificate of authentication
shall be deemed to have been duly executed by it if manually
signed by an authorized officer of the Paying Agent, but it
shall not be necessary that the same signatory sign the
certificate of authentication on all of the Bonds issued
hereunder.
Upon the authentication of the Bonds, the Paying Agent
shall deliver the same to the Underwriters or their designees
as directed by the City as hereinafter provided. Prior to
the delivery by the Paying Agent of the Bonds, there shall be
filed with the Paying Agent the following;
(a) A certified copy of this Ordinance.
(b) A request and authorization to the Paying
Agent on behalf of the City and signed by the Mayor to
authenticate and deliver the Bonds to the Underwriters
upon payment to the City of a sum specified in such
request and authorization plus accrued interest thereon
to the date of delivery. The proceeds of such payment
shall be paid over to the City and deposited as provided
in this Ordinance.
(c) An executed copy of the Paying Agency
Agreement.
If any outstanding Bond shall become mutilated, lost,
stolen or destroyed, the City shall execute and the Paying
Agent shall authenticate a new Bond of like maturity,
interest rate and denomination to that mutilated, lost,
stolen or destroyed, provided that, in the case of any
mutilated Bond, such mutilated Bond shall first be
surrendered to the Paying Agent, and in the case of any lost,
stolen or destroyed Bond, there shall be first furnished to
the City and the Paying Agent evidence of such loss, theft or
destruction satisfactory to the City and the Paying Agent,
together with an indemnity satisfactory to the City and the
Paying Agent. In the event any such Bond shall have matured,
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EXHIBIT "F"
Page 10 of 21
instead of issuing a duplicate Bond, the Paving Agent may pay
the same without surrender thereof, making such requirements
as its deems fit for its protection, including a lost
instrument bond. The City and the Paying Agent may charge
the Owner of such Bond with its reasonable fees and expenses
in this connection.
Section 7. Form of Bond. The Bonds shall be
substantially in the form hereinafter set forth, with such
variations, omissions and insertions as are permitted or
required by this Ordinance.
3 7 o 199 B-750 P-1005 i �5/ 19/94 1 1: Q5A PG 42 OF 86
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EXHIBIT "F"
Page 11 of 21
(Form of Bond)
(FRONT OF BOND]
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF PITKIN
CITY OF ASPEN
GENERAL OBLIGATION HOUSING BOND
SERIES 1989A
No. R $
INTEREST RATE: MATURITY DATE: ORIGINAL ISSUE DATE: CUSIP:
January 1, August 1, 1989
REGISTERED OWNER:
PRINCIPAL SUM: DOLLARS
The CITY OF ASPEN, in the County of Pitkin and State of
Colorado (the "City"), for value received, hereby promises to
pay to the order of the Registered Owner named above, or
registered assigns, on the Maturity Date stated above, the
Principal Sum stated above, with interest thereon from the
Original Issue Date stated above, at the Interest Rate per
annum stated above, payable on January 1, 1990, and
semiannually thereafter on.the 1st day of July and the 1st
day of January of each year, the principal of and premium, if
any, on this Bond being payable at the principal corporate
trust office of The Colorado National Bank of Denver , in
Denver, Colorado, as Paying Agent, or its successor (the
"Paying Agent"), and the interest hereon to be paid to such
person as is the Registered Owner hereof as of the close of
business at the principal corporate trust office of the
Paying Agent on the Record Date by check or draft of the
Paying Agent mailed on the interest payment date to said
Registered Owner, The Record Date is the June 15 or
December 15 (whether or not a business day) preceding any
interest payment date. All payment of the principal of,
premium, if any, and interest on this Bond shall be made in
lawful money of the United States of America.
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND
SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES
HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.
It is hereby certified, recited and declared that all
conditions and acts required to be performed precedent to and
in the adoption of the Ordinance, and the issuance of this
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EXHIBIT "F"
Page 12 of 21
Bond, have been performed in due time, form and manner as
required by law; and that the issuance of this Bond and the
series of which it forms a part does not exceed or violate
any constitutional, statutory or home rule charter limitation
or requirement applicable hereto.
This Bond shall not be entitled to any benefit under the
Ordinance, or become valid or obligatory for any purpose,
until the Paying Agent shall have signed the certificate of
authentication hereon.
IN WITNESS WHEREOF, the City of Aspen, Colorado, has
caused this Bond to be signed with the manual or facsimile
signature of its Mayor, sealed with the impression of its
seal or a facsimile thereof, and attested with the manual or
facsimile signature of its City Clerk.
[SEAL] CITY OF ASPEN, COLORADO
By
Attest:
By
(` City Cler
Mavor
(Form of Paying Agent's Certificate of Authentication)
Date of Authentication:
This is one of the Bonds described in the Ordinance
described herein.
The Colorado National Bank of
Denver, as Paying Agent
By (Manual Signature)
Authorized Officer
(End of Form of Paying Agent's
Certificate of Authentication)
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EXHIBIT "F"
Page 13 of 21
[BACK OF BOLD]
This Bond is one of a duly authorized series of Bonds
designated "City of Aspen, Colorado, General Obligation
Housing Bonds, Series 1989A" (the "Bonds"), limited in
aggregate principal amount to $4,600,000, issued under and
pursuant to the Constitution and laws of the State of
Colorado, the home rule charter of the City of Aspen,
Colorado, and an ordinance duly adopted by the City Council
of the City (the "Ordinance") prior to the issuance hereof.
The Bonds are being issued by the City for the purpose of
providing funds for the renovation and expansion of a housing
facility to be owned by the City and leased to the
Aspen/Pitkin County Housing Authority, and the reimbursement
to the City of capital expenditures previously incurred by
the City with respect thereto, and for payment of all
necessary incidental and appurtenant costs and expenses
incurred in connection therewith.
The principal of and interest on the Bonds, including
this Bond, shall constitute general obligations of the City
and shall be pavable from and secured by a pledge of the full
faith and credit of the City.
The Bonds are issuable solely in the form of fully
registered bonds, without coupons, in the denomination of
$5,000 or anv integral multiple thereof. This Bond may be
transferred or exchanged at the principal corporate trust
office of the Paying Agent in Denver, Colorado; but only in
the manner, subject to the limitations and upon payment by
the Registered Owner of the fees and charges provided in the
Ordinance (including any transfer fee of the Paying Agent and
any tax or governmental charge required to be paid with
respect thereto), and upon surrender and cancellation of this
Bond. Upon surrender for any transfer, duly endorsed.for
transfer or accompanied by an assignment duly executed by the
Registered Owner hereof or his or her attorneys duly
authorized in writing, a new registered Bond or Bonds of the
same maturity and interest rate and of authorized
denomination or denominations ($5,000 and integral multiples
thereof) for the same aggregate principal amount will be
issued to the transferee in exchange therefor. In addition,
this Bond may be exchanged for a like aggregate principal
amount of Bonds of other authorized denominations of the same
maturity and interest rate. Any Bond issued upon transfer or
exchange shall bear interest from the last interest payment
date to which interest has been paid, or if no interest has
been paid, then from the original issue date. The City and
the Paying Agent may deem and treat the Registered Owner
hereof as the absolute owner hereof (whether or not payment
on this Bond shall be overdue) for the purpose of receiving
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payment of or on
anv, and interest
neither the City
any notice to the
EXHIBIT "F"
Page 14 of 21
account of principal
due hereon and for
nor the Paying Agent
contrary.
hereof, premium, if
all other purposes, and
shall be affected by
The Bonds maturing on and after January 1, 1996 are
subject to prior redemption, at the option of the City, in
whole or in part, and if in part, in inverse order of
maturities and by lot within a maturity, on January 1, 1995
and on any interest payment date thereafter, at redemption
prices (expressed as a percentage of principal amount), plus
accrued interest to the redemption date as follows:
Redemption Date
Redemption Price
January
1,
1995
and
July
1,
1995
102.0%
January
1,
1996
and
July
1,
1996
101.5
January
1,
1997
and
July
1,
1997
101.0
January
1,
1998
and
July
1,
1998
100.5
January
1,
1999
and
thereafter
100.0
The Bonds maturing on January 1, 2009 are also subject
to mandatory redemption at a price of par plus accrued
interest to the redemption date in the amounts and on the
dates set forth in the Ordinance.
Redemption shall be made upon not less than thirty (30)
days prior notice by sending a copy of such notice by
certified or registered first-class, postage prepaid mail at
least thirty (30) days prior to the redemption date specified
in such notice to the Registered Owners of each of the Bonds
being redeemed. Such notice shall specify the number or
numbers of the Bonds so to be redeemed (if redemption shall
be in part) and the redemption date. If this Bond shall have
been duly called for redemption, then this Bond shall become
due and payable at such redemption date, and from and after
such date (if on or before the redemption date there shall
have been deposited with the Paying Agent funds sufficient to
pay the redemption price of such Bonds at the redemption
date) interest hereon shall cease to accrue.
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EXHIBIT "F"
Page 15 of 21
[Form of Assignment]
ASSIGNMENT
FOR VALUE RECEIVED the undersigned transfers unto
(Tax Identification or Social Security
No. ) this Bond of the•City of Aspen, Colorado, and
does hereby irrevocably constitute and appoint
Attorney to transfer this Bond on the books kept for the
registration thereof, with full power of substitution in the
premises.
Dated:
NOTICE: The signature to this
assignment must correspond with
the name as it appears upon the
face of the within Bond in
every particular, without
alteration or enlargement or
any change whatever.
[Form of Bond Counsel Opinion to be inserted here]
(End of Form of Bond)
Section 8. Sale; Official Statement. The Bonds, when
executed as provided by law, shall be delivered to the
Underwriters in accordance with Section 6 hereof. The Bonds
shall be sold to the Underwriters for the price set forth in
the Bond Purchase Agreement, plus accrued interest from
August 1, 1989 to the date of delivery thereof. Such sale of
the Bonds is hereby found to be to the best advantage of the
City and is hereby approved, subject to the Bond Purchase
Agreement.
The proceeds of the Bonds shall be used exclusively for
payment of the cost of the Project, reimbursing the City for
capital expenditures previously incurred with respect to the
Existing Facility, and all necessary incidental and
appurtenant costs and expenses incurred in connection
therewith and for payment of the costs of issuing the Bonds.
Neither the Underwriter nor the subsequent Owner or
Owners of any of the Bonds shall be responsible for the
application or disposal of the funds derived from the sale
thereof by the City or any of its officers. The issuance of
the Bonds by the City shall constitute a warranty by and on
behalf of the City, for the benefit of each and every Owner
of the Bonds, that the Bonds have been issued for a valuable
consideration in full conformity with law.
3i'C )199 B-750 F-1010 05 / 19 / 94 1. 1 : 05A Pc 47 OF 86
-15-
13621
EXHIBIT 'Y'
Page 16 of 21
The Preliminary Official Statement relating to the Bonds
is hereby approved and the use thereof by the Underwriter is
hereby approved. The Mayor is authorized and directed to
execute and deliver a final Official Statement in
substantially the form of the Preliminary Official Statement.
Section 9. Funds. The "City of Asper., Colorado,
General Obligation Housing Bonds, Series 1989A Bond Fund" and
the "City of Aspen, Colorado, General Obligation Housing
Bonds, Series 1989A Bond Proceeds Fund" are hereby created by
and established with the City.
Upon the issuance, sale and delivery of the Bonds, the
accrued interest on the Bonds from August 1, 1989 to the date
of delivery of and payment for the Bonds shall be deposited
into the Bond Fund. The remaining proceeds from the sale of
the Bonds will be deposited into the Bond Proceeds Fund.
In addition, there shall be deposited by the City into
the Bond Fund at least three days prior to each principal and
interest payment date, sums sufficient to pay the principal
of, premium, if any, and interest on the Bonds when due.
Moneys in the Bond Fund shall be transferred to the Paying
Agent on each date on which the principal of, premium, if
any, or interest on the Bonds shall become due in amounts
sufficient to pay the same. Moneys in the Bond Fund shall be
used solely for the purpose of paying the principal of,
premium, if any, and interest on the Bonds when due. Moneys
on deposit in the Bond Proceeds Fund shall be used as
follows: (a) $1,000,00o shall be transferred on the date the
Bonds are issued to the City's Land Fund, to be used as
permitted by law, and (b) the remaining moneys shall be used
for payment of the costs of issuing the Bonds and for costs
of the Project (including interest on the Bonds during
construction of the Project) in accordance with the Lease.
Section 10. Security for the Bonds. The Bonds
constitute general obligations of the City. The full faith
and credit of the City are hereby pledged as security for the
paylr,ent of the principal of, premium, if any, and interest on
the Bonds. The Bonds are not secured by a pledge of any
payments received under the Lease.
Section 11. Further Assurances. In furtherance of said
pledge of the full faith and credit of the City, it is hereby
irrevocably covenanted and agreed that if at any time while
any of the Bonds remain outstanding, the payments required to
be made into the Bond Fund pursuant to Section 9 hereof are
not made in strict accordance with the terms thereof, the
Council shall promptly pass and adopt supplementary or
emergency appropriation ordinances or resolutions and make
-16-
1362I
370199 B-75� � P-1 0 1 1 05 / 19 / 94 1 1 : 05A PG 48 OF 86
EXHIBIT "F"
Page 17 of 21
such allocations and deposits of moneys from general funds of
the City to the Bond Fund as are necessary to bring the
amount on deposit in the Bond Fund to the level at which it
would have been had the City strictly complied with the
provisions.of said Section 9. Said actions shall be
initiated at the first regular or earlier scheduled emergency
meeting of the Council subsequent to such event and completed
as promptly as possible. Thereafter, said appropriations,
allocations and deposits shall continue to be made in such
amounts and with sufficient frequency to assure that the sums
of money required to be deposited into the Bond Fund,
together with other moneys on deposit in the Bond Fund, shall
be sufficient to pay the principal of and interest on the
Bonds when due.
Section 12. Rebate. There is hereby created and
established with the City a separate fund to be designated
the "City of Aspen, Colorado, General Obligation Housing
Bonds, Series 1989A Rebate Fund," which shall be expended in
accordance with the provisions hereof and the Investment
Instructions, and there is further established within said
Rebate Fund the Rebate Principal Account and the Rebate
Income Account. The City shall make deposits and
disbursements from the Rebate Fund in accordance with the
Investment Instructions, shall invest the Rebate Fund
pursuant to said Investment Instructions and shall deposit
income from said investments immediately upon receipt thereof
in the Rebate Income Account, all as set forth in the
Investment Instructions. The City shall employ, at its
expense, a person or firm with recognized expertise in the
area of rebate calculations, which person or firm shall make
the calculations, deposits, disbursements and investments as
may be required by the immediately preceding sentence. The
Investr..ent Instructions may be superseded or amended by new
Investment Instructions drafted by, and accompanied by an
opinion of, nationally recognized bond counsel addressed to
the City to the effect that the use of said new Investment
Instructions will not cause the interest on the Bonds to
become includible in gross income for the purposes of federal
income taxation.
The City shall annually make the rebate deposit
described in the Investment Instructions. Records of the
determinations required by this Section 12 and the Investment
Instructions shall be retained by the City until six (6)
years after the final retirement of the Bonds.
Not later than thirty (30) days after the end of the
fifth Bond Year and every five (5) years thereafter, the City
shall pay to the United States of America ninety percent
(90%) of the amount required to be on depos-t in the Rebate
-17-
370199 B-750 P-1012 05/19/94 11:05A FG 49 OF 86
EXHIBIT 'Y'
Page 18 of 21
Principal Account as of such payment date and one hundred
percent (100a) of the amount on deposit in the Rebate Income
Account as of such payment date. Not later than sixty (60)
days after the final retirement of the Bonds, the City shall
pay to the United States of America one hundred percent
(100%) of the balance remaining in the Rebate Principal
Account and the Rebate Income Account. Each payment required
to be paid to the United States of America pursuant to this
Section 12 shall be filed with the Internal Revenue Service
Center, Philadelphia, Pennsylvania 19255. Each payment shall
be accompanied by a copy of the Internal Revenue Form 8038-G
originally filed with respect to the Bonds and a statement
summarizing the determination of the amount to be paid to the
United States of America.
Section 13. Investments; No Arbitrage; Tax Covenants.
Any moneys on deposit in the Bond Fund, the Bond Proceeds
Fund and the Rebate Fund shall be invested only in
obligations, securities or instruments which are legal
investments for funds of the City. All earnings, income,
profits and losses (other than on moneys in the Rebate Fund)
shall be credited to the Bond Proceeds Fund prior to
completion of the Project, and thereafter to the Bond Fund.
The City covenants that it shall not use or permit the
use of any proceeds of the Bonds or any other funds of the
City from whatever source derived, directly or indirectly, to
acquire any securities or obligations and shall not take or
permit to be taken any other action or actions, which would
cause any of the Bonds to be an "arbitrage bond" within the
meaning of Section 148 of the Code, or would otherwise cause
the interest on the Bonds to be includible in gross income
for federal income tax purposes. The City covenants that it
shall at all times do and perform all acts and things
permitted by law and which are necessary or desirable in
order to assure that interest paid by the City on the Bonds
shall, for purposes of federal income taxation, not be
includible in gross income under the Code or any other valid
provision of law.
In particular, but without limitation, the City further
represents, warrants and covenants to comply with the
following restrictions of the Code, unless it receives an
opinion of nationally recognized bond counsel stating that
such compliance is not necessary:
(a) Gross proceeds of the Bonds will not be used
in a manner which will cause the Bonds to be considered
"private activity bonds" within the meaning of the Code.
(b) The Bonds are not and shall not become
directly or indirectly "federally guaranteed."
-18-
13621:
37o199 B-75r� P-1013 05/19/94 11:O5A PG 50 OF 86
EXHIBIT "F"
Page 19 of 21
(c) The City shall timely file Internal Revenue
Form 8038-G which shall contain the information required
to be filed pursuant to Section 149(e) of the Code.
(.d) The City shall comply with the Investment
Instructions delivered to it on the date of issue of the
Bonds with respect to the application and investment of
Bond proceeds, subject to Section 12 hereof.
Section 14. Refundings and Defeasance. The Bonds may
be refunded at the discretion and by action of the Council,
subject to provisions concerning their payment and any other
contractual limitations set forth in this Ordinance, as
authorized and permitted by the Charter. A Bond shall not be
deemed to be outstanding hereunder if it shall have been paid
and cancelled or if cash funds or Governmental Obligations
shall have been deposited in trust with an escrow agent for
the payment thereof (whether upon or prior to the maturity of
any such Bond). In computing the amount of the deposit
described above, the City may include interest to be earned
on the Governmental Obligations.
Section 15. A_n_pointment of Paying Agent. The City
hereby appoints The Colorado National Bank of Denver, in
Denver, Colorado, as the Paying Agent.
( Section 16. Approval of Lease, Bond Purchase Aqreement
and Paying Agencv Agreement. The Lease, the Bond Purchase
Agreement and the Paying Agency Agreement, in substantially
the forms presented to the Council, are hereby authorized and
approved, and the Mayor or Mayor Pro Tem and the Clerk or any
Assistant Clerk are hereby directed to execute and deliver
the Lease, the Bond Purchase Agreement and the Paying Agency
Agreement, in substantially the forms approved, but with such
changes therein as shall be deemed necessary or desirable by
the officers executing the same, their execution to be
conclusive evidence of the City's approval of any changes
from the forms hereby approved.
Section 17. Miscellaneous Documents. The officers of
the City are authorized and directed to take all action
necessary or appropriate to effectuate the provisions of this
Ordinance, including, without limiting the generality of the
foregoing, the printing of the Bonds and the execution of
such certificates may be required by the Underwriters
relating to, but not limited to, the signing of the Bonds,
the use of the proceeds thereof, the tenure and identity of
the municipal officials, the receipt of the Bonds' purchase
price, the tax status of the Bonds, and the absence of
litigation, pending or threatened, if in accordance with the
facts, affecting the validity thereof.
-19-
1362I
370199 9-75C) P-1014 05/19/94 11:05A PG 51 OF 86
EXHIBIT "F"
Page 20 of 21
Section 18. Severability. If any provision of this
Ordinance shall be held or deemed to be or shall, in fact, be
illegal, inoperative or unenforceable, the same shall not
affect any other provision or provisions hereof or render the
same invalid, inoperative or unenforceable to any extent
whatever.
Section 19. Governing Law. This Ordinance will be
governed by and construed in accordance with the laws of the
State of Colorado.
Section 20. Repeals. All ordinances or resolutions, or
parts thereof, in conflict with this Ordinance are hereby
repealed. This repealer shall not be construed to revive any
ordinance or part of any ordinance heretofore repealed.
After the Bonds have been issued, this Ordinance shall be and
remain irrepealable until the Bonds and the interest thereon
shall be fully paid, satisfied and discharged in the manner
herein provided, or sufficient provision shall have been made
for such payment, satisfaction and discharge such that no
Bonds are deemed to be outstanding hereunder.
Section 21. Public Hearing. A public hearing on this
Ordinance shall be held on the 26th day of June 1989, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
INTRODUCED-, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen on the 12th day
of June 1989.
[ s �. AL ] By :L�.
Mayor
Attest:
City Cle K
370199 B- 7 50
1362I
P-1015 05/19/94 11 c 05A F'G 52 OF 86
—20-
EXHIBIT "F"
Page 21 of 21
FINALLY adopted, passed and approved and ordered
published as provided by law this 26th day of June 1989.
(SEAL] By �.
Mayor
Attest;
B J
Y
City Cle x
370199 D-750 F-1016 05/ 19/94 1 1 : 05A F'6 53 OF 86
—21-
1362I
EXHIBIT "G"
Page 1 of 3
TRUSCOTT PLACE OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR AN EMPLOYEE DWELLING UNIT
LOCATED IN BUILDING 100
APPROVED PURSUANT TO SECTION 3-8.13
OF THE PITRIN COUNTY LAND USE CODE
THIS AGREEMENT is made and entered into this day of
, 19_, by the City of Aspen (hereinafter
referred to as "Owner") , whose address is 39551 Highway 82, located
in the County of Pitkin, and the Aspen/Pitkin County Housing
Authority, a multi -jurisdictional housing authority established
pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
recorded in Book 605 at Page 751 of the records of the Pitkin
County Clerk and Recorder's Office (hereinafter referred to as
"Authority").
W I T N E S S E T H
WHEREAS, Owner owns real property more specifically described
as Lot 2, Aspen Golf Course Subdivision (hereinafter referred to as
"Real Property"), which Real Property shall contain 50 studios at
375 net liveable square feet, exterior accessory storage spaces, a
200 square foot property management office, and a two -bedroom,
1,000 net liveable square foot unit specific to occupancy by on -
site management, (hereinafter "Units"), approved by the Aspen City
Council pursuant to Ordinance 30 (Series of 1993). See Exhibit "B"
as attached. For purposes of this Agreement, the Unit, the Real
Property, and all appurtenances, improvements and fixtures
associated therewith shall hereinafter be referred to as the
"Property"; and
WHEREAS, this Agreement imposes certain covenants upon the
Property which restrict the use and occupancy of the Unit to
employees and their families who are employed in Pitkin County and
meet the qualification guidelines established and indexed by the
Authority on an annual basis.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained herein, the Owner hereby covenants and agrees
as follows:
1. The Units as identified hereinabove shall not be condomini-
umized unless final approvals are received and shall be rented
only in accordance with the guidelines as adopted and as may
be amended from time to time by the Aspen/Pitkin County
Housing Authority (hereinafter "Authority") governing
"resident -occupied" dwelling units.
1
P-75C-) P-1017 cis/ 19/94 11:050 Pl'._j 54 OF _
EXHIBIT "G"
Page 2 of 3
2. The use and occupancy of the Units shall henceforth be limited
exclusively to housing for employees and their families who
are employed in Pitkin County and who meet the definition of
"employee" as that term is defined by the qualification
guidelines established and indexed by the Authority on an
annual basis. Owner shall have the right to lease the Units
to a "qualified employee" of his own selection. Such
individual may be an employee of the Owner, provided such
person(s) fulfills the requirements of a qualified employee.
3. Written verification of employment of employee(s) proposed to
reside in the Units shall be completed and filed with the
Authority prior to occupancy thereof, and such verification
must be acceptable to the Authority.
4. The Units shall be required to be rented for periods of no
less than three (3) consecutive months.
6. Lease agreements executed for occupancy of the Units shall
provide for a rental term of not less than three (3)
consecutive months. A signed and executed copy of the lease
shall be provided by the Owner within ten (10) days of
approval of employee(s) for the Units.
7. This Agreement shall constitute covenants running with the
Real Property as a burden thereon for the benefit of, and
shall be specifically enforceable by, the Authority, the Aspen
City Council, and their respective successors, as applicable,
by any appropriate legal action including, but not limited to,
injunction, abatement, or eviction of non -qualified tenants.
IN WITNESS HEREOF, the parties hereto have executed this
instrument on this date and year above first written.
THE CITY OF ASPEN
ATTEST:
John S. Bennett, Mayor
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM AND CONTENT:
John Worcester, City Attorney
2
70199 B-750 P-1018 05/19/94 11:05A PG 55
OF 86
EXHIBIT "G"
Page 3 of 3
ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
By:
David J. Myler, Chairman
Mailing Address:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 19 , by David J. Myler.
WITNESS MY hand and official seal.
My Commission expires:
Date
Notary Public
\work\dr\tp1100.dr
37o199 9-750 P-1019 05/19/94 11:05A PG 56 OF 86
3
EXHIBIT "H('
Page 1 of 3
TRUSCOTT PLACE OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR AN EMPLOYEE DWELLING UNIT
LOCATED IN BUILDINGS 200 AND 300
APPROVED PURSUANT TO SECTION 3-8.13
OF THE PITRIN COUNTY LAND USE CODE
THIS AGREEMENT is made and entered into this day of
, 19_, by the City of Aspen (hereinafter
referred to as "Owner") , whose address is 39551 Highway 82, located
in the County of Pitkin, and the Aspen/Pitkin County Housing
Authority, a multi -jurisdictional housing authority established
pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
recorded in Book 605 at Page 751 of the records of the Pitkin
County Clerk and Recorder's Office (hereinafter referred to as
"Authority").
W I T N E S S E T H
WHEREAS, Owner owns real property more specifically described
in Exhibit "A" as recorded in Book at Page of the Pitkin
County Clerk and Recorder's Office which is attached hereto and
incorporated herein (hereinafter referred to as "Real Property"),
which Real Property shall contain a total of 46 units listed as
follows: 8 one -bedroom flats approximately 447 net liveable square
feet; 4 one -bedroom lofts approximately 506 net liveable square
feet; 15 two -bedroom flats approximately 595 net liveable square
feet; and 19 two -bedroom loft approximately 794 net liveable square
feet (hereinafter known as "Units"), approved by the City Council
pursuant to Ordinance No. 31 (Series of 1989), which was approved
by an election held on May 2, 1989. For purposes of this
Agreement, the Units, the Real Property, and all appurtenances,
improvements and fixtures associated therewith shall hereinafter be
referred to as the "Property"; and
WHEREAS, this Agreement imposes certain covenants upon the
Property which restrict the use and occupancy of the Units to
employees and their families who are employed in Pitkin County and
meet the qualification guidelines established and indexed by the
Authority on an annual basis.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained herein, the Owner hereby covenants and agrees
as follows:
1. Owner hereby covenants that the Units described above shall at
all times remain rental units and shall not be
condominiumized.
1
.370199 H- 7 ;O P-1 0.�c i 05/ 19/94 1 1 : 05A PG 57 OF 86
EXHIBIT "H"
Page 2 of 3
2. The use and occupancy of the Units shall henceforth be limited
exclusively to housing for employees and their families who
are employed within Pitkin County and who meet the definition
of "employee" as that term is defined by the qualification
guidelines established and indexed by the Authority on an
annual basis. Owner shall have the right to lease the Units
to a "qualified employee" of his own selection. Such
individual may be an employee of the Owner, provided such
person(s) fulfills the requirements of a qualified employee.
3. Written verification of employment of employee(s) proposed to
reside in the Units shall be completed and filed with the
Authority prior to occupancy thereof, and such verification
must be acceptable to the Authority.
4. The Units shall be required to be rented for periods of no
less than six (6) consecutive months.
5. The maximum rental rate shall not exceed the Category #3
rental rate as set forth in the Rental Guidelines established
by the Authority and may be adjusted annually as set forth by
the Guidelines. Employees shall be qualified by the Authority
as to employment, maximum income and asset limitations.
6. Lease agreements executed for occupancy of the Units shall
provide for a rental term of not less than six (6) consecutive
months. A signed and executed copy of the lease will be on
file with the Authority.
7. This Agreement may be removed by the Aspen City Council,
subject to the requirement that the Units are removed or
modified. If modified, the remaining improvements must no
longer be capable of occupancy as a "dwelling unit" as defined
in the Aspen Municipal Land Use Code and must meet otherwise
applicable code requirements.
8. Unless modified as stated above, this Agreement shall
constitute covenants running with the Real Property as a
burden thereon for the benefit of, and shall be specifically
enforceable by, the Authority, the Aspen City Council, and
their respective successors, as applicable, by any appropriate
legal action including, but not limited to, injunction,
abatement, or eviction of non -qualified tenants.
IN WITNESS HEREOF, the parties hereto have executed this
instrument on this date and year above first written.
370199 B-750 P-1021 05/ 19/94 1 1 : 05A PG 58 OF 86
EXHIBIT "H"
Page 3 of 3
THE CITY OF ASPEN
ATTEST:
John S. Bennett, Mayor
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM AND CONTENT:
John Worcester, City Attorney
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
David J. Myler, Chairman
Mailing Address: Executive Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 19 , by David J. Myler.
WITNESS MY hand and official seal.
My Commission expires:
Date
\work\dr\tpt2&3.dr
Notary Public
3
3 r(--)199 E4- 7 50 P-1 022 05 / 19 / 94 1 1 : (:)'5A PG 59 OF 86
EXHIBIT "I"
Page 1 of 1
1�
Building
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EXHIBIT "J"
Page 1 of 4
2�1
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EXHIBIT "J"
Page 2 of 4
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WATER LINE
7
370199 B-750 P-1026 05/19/94 11:05A PG 63 OF 86
EXHIBIT "Jo
Page 3 of 4
�
EXHIBIT "J"
Page 4 of 4
37()199 1jr7 P 102 ciS/19!94 1 1 : ci5A FG 64 OF
96
wMl ,ww„M.
1C31 _•Y_`v
rim\
/ApOHtlY _• l� •«
�IIYYYY rpO � �w,l �
An Arnpnnrn 1
nur YaA
Iltlll Atlp
NNYntl YYtl YA - �-'L-�" L
Y IIYrYtl YY - v
�- 1(C*f11__-_
BANNER
111\\I N ANIII NII N. Kf ' I11\NI IIM 1\I4\11 N\N AIN 4,411 VI
DETAILS
lilt I t"MN1101\ INN 1111ANIU IANNtlI \I INION,(YNINM4p1,111 211Y .
t ;t.; ,.. ,.W11�NII..N111i R; /:a1\t1A,Nl �,IN14 �,/0•Mi%.lq/SEWER
Cher] -Northern, Inc. 5080 Road 15a Billings Great Faits
Glenwood Springs, Golorado 81601 66se Helena
303/945-7458 i C�s;er Phoenu
Fax: 303I945-2363 I Cbtoraco Springs Poca,eilc
Oer.ver Rock Springs
I
Elko Sa;t Lace City
i E•fanston San Antonio
i Gille'te . Tri Cities
Glenwood Springs Yakima
3 (-)199 B— 7 50 P-1028 05/ 19/94 1 1 : 05A PG 65 OF 86
EXHIBIT "K" _
I
Page 1 of 19
' I
. I
I'
I.
i
SUESOIL STUDY
0-1 FOUNDAT--ON DESIGN
PRO'?OSED nS 'N GREENS ZMFL.CYE—, HCUS
tiE--.R RED ROOF INN
CCLORADO
AS-
. I
i
I
r.
I
i
Prepared For:
I Asper,/Fitkin Housing Author'ty
ettn; James Adartski
130 South Galena
Aspen CO 81611-1902
. I
Job No. 4 326 89
A member of the HIE group of companies
June 20, 1989
i
i
MLE OF CONTENTS
i
CONCLUSIONS i
. i
i
PURPOSE AND SCOPE OF STUDY
PROPOSED CONSTRUCTION
SITE. CONIDITIONS
FIELD EXPLORATION
SUBSOIL CONDITIONS
FOU:�bATION RECO;-IEIC, ATICOS
FLOOR SLAES
UP�EP.DRAIN SYSTEM
. I
SURFACE DRAINAGE
LiI�iI � A 1 _CMS
p"GURE 1 - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGE.NTD AND NOTES
F.'IGURES 4 AM 5 - GRADATION TiST RESULTS
TABLE I - SUhi'�LARY OF LABORATORY TEST RESULTS
i
I
I.
370199 B- i 50 P-10-�9 05 / 19 / 94 1 1 : 05A PG 66 OF 86
i
1
Chen -Northern, Inc.
I
Exhibit "K"
i
1
1
2
2
2
3
5
6
6
7
I
I
Page 2 of 19
370199 B-750 P-1 03C ) 05 / 19/94 1 1 : (-.)5A PG 67 OF 96
CONCLUSIONS
The proposed apartment buildings should be founded wi h spread
footings bearing on 'the natural granular soils acid design d for an
allowable soil beading pressure of 3000 psf. 1. Other design and
construction criteria relating to geotechnica1. aspect of the
proposed apartment 'buildings are presented in
body of the
report.
FURPOSE M SCOPE OF STUDY
i
I
This report presents the results of a subsoil study fdr the proposed
employee housing to be located between the Red Roof Inn and tse 10th Fairway
of the Aspen Golf Course, Aspen, Colorado. ire p,oject site is shown on
Fij. 1. The study was conducted in accordance with our proposal for profes-
sional services letter to Aspen/Pitkin Housirg Auttority, dated April 10,
1989 •
A field exploration prcgrarr. consisting of expl ratcry b rings wzs con-
ducted to obtain irformaticn on subsurface conditions. Samples obtained
during the field exploration were tested in the laboratory to determine their
engineering characteristics. The results of the field explcration and labora-
tory testing were analyzed to develop recommendations for foundation types,
depths and allowable pressures for the proposed bui�ding foundations. The
results of the field exploration and laboratory testing are p esented in the
i
I
report. i
This report has been; prepared to sur=,arize the data obtained during this
study and to present our conclusions and recommendations based pn the proposed
f
construction and the subsoil conditions encountered. IDesign plrameters and a
discussion of geotechnical engineering considerations o construction
of the proposed apartment buildings are included in the report.)
Chen -Northern, Inc.
Exhibit "K"
I
Page 3 of 19
-2-
PROPOS D CONSTRUCTION
�. The proposed employee housing will consist of iwo apar�_ent buildings
located as shown on Fig: 1. The buildings will bo� two stol,•y, wood frame
structures with no basement. Ground floor will likely be Islab-on-grade.
Grading for the structures is expected to be relatively minor with cut depths
i
between about 3 to 4 feet. We assure relatively light foundation loadings,
typical of the proposed type construction.
If building loadings,; location or grading plans c ange sag ificantly from
those described above, weshould be notified to reevalate the 7ecommendations
coxitained in this report.;
I I
' I
SITE COIdDITIONS
The subject site is 'a vacant lot located between the exi tirg Red Roof
i
1nrn and the 10th Fairway, of the Aspen Golf Course.I Five existing tennis
co:Grts are located on the:kest side of the lot. Various amounts of fill have
I
been placed on the site.+ ',he fill between doles 2! and 4 is about 8 feet
higher than the rest of the building area. The site is generally flat except
for the piles of fill. The area between Holes 1 andI2 is currently used for
pajrking. There is very little vegetation at the site.!
' I
FIELD r'XPLORATION
The field exploration for the project was conducted on May 24, 1989.
Four exploratory borings !were drilled at the locations sho on Fig. 1 to
evaluate the subsurface conditions. The borings were advanced with 4-inch
diameter continuous flight augers powered by a truck -mounted CME-55 drill
rig. The borings were locoed by a representative of Ckier.-Northlrn, Inc.
3 o199 B-75o P-1C.>31 o5/19/94 11:05A PG 68 OF 86
I
i
Chen -Northern, Inc.
i
Exhibit "K" Page 4 of 19
-3-
Samples cf the subsoils were taken with a 1 3/8-inch I.�. spoon samp-
ler. The sampler was driven into the subsoils at various depths with blows
from a 140-pound hammer: falling 30 inches. This lest is limilar to the
standard penetration test described by ASTM Method DL1586. t1he penetration
resistance values are an indication of the relative density or consistency of
the subsoils. Depths at which the samples were taken and tlhe penetration
resistance values are shown on the Logs of Exploratory Baring, Fig. 2. The
samples were returned to our laboratory for review by the project engineer and
testing.
SUBSCTL CONDITIONS j
i
The subsoil conditions encountered at the site are shoiNm graphically on
Fig. 2. Generally, the site is covered with 6 to 10 f6et of fiil. 'Mole 3 was
drilled on top of the 8-foot high pile of fill and a total depth of 16 feet of
fill was encountered in Hole 3. The fill. consisted of loose to mediuim dense
silty sand and gravel with cobbles. Underlying thei fill, relatively dense
slightly silty sand and gravel with cobbles was enccujitered at depths of 6 to
16 feet to the maxim= depth explored, 21 feet. Drilling in the dense gravels
with auger equipment was difficult due to the cobbles Gnd drilling refusal was
I
encountered in the deposit.
Laboratory testing performed on samples obtaineO from t �e borings con-
sisted of natural moisture content and gradation analyses. Results of grada-
tion analyses performed :on small diameter drive samples (minus 1 1/2-inch
fraction) of the natural coarse granular soils are shown on Figs. 4 and 5.
The laboratory testing is sumrearized in Table I. I
Free water was encountered in Hole 2 at a deptY of 15 11/2 feet at the
time of drilling. The subsoils were generally moist.
370 199 B-750 P-1032 05 / 19 / 94 1 1 : 0 5A PG 69 OF 86
Exhibit "K" Page 5 of 19
-4-
FOUNDATION RECOMEMDATIONS
�-` Considering the subsoil conditions encountered in'the exploratory borings
and the nature of the proposed construction, we rec�mend the buildings be
' I
founded with spread footings bearing on the natural granular moils below all
I
l
fill. I
I
The design and construction criteria presented telow shou!ld be observed
for a spread footing foupdation system. The construction criteria should be
considered when preparing project documents.
1) Footings placed on 'the undisturbed natural granular sails should be
designed for an allqwable soil bearing pressurelof 3000 psf. Based on
I '
experience, we expect settlement of footings designed and constructed as
discussed in this section will be about 1 inch r less and essentially
occur during construction.
2) All existing. fill, topsoil and any loose or disturbed soils should be
remijoved and the footing bearing level extended down to relatively dense
natural granular soils. i
I
3) The footings should. have a min_rnum width of 16 inches or continuous
i
walls and 2 feet for isolated pads.
I'
4) Exterior footings and footings beneath unheated yeas should be provided
with adequate soil cover above their bearing elevation for frost protec-
t i
tion. Placement of ;foundations at least 42 inches below !exterior grade
is typically used in�this area.
5) Continuous foun-datioh walls should be reinforced top and ibottom to span
an unsupported length of at least 10 feet. Foundation Malls acting as
retaining structures; should also be designed toiresist a lateral earth
pressure corresponding to an equivalent fluid unit weight of 40 pcf.
t
37� � 199 B-754 P-1033 05 / 19 / 94 1 1 : Q5A PG 7o OF 86
Chen -Northern, Inc.
Exhibit "K" Page 6 of 19
-5-
Eackfill should consist of predominantly granular soil, Ile the cn-site
soils.
i
6): A representative of the soil engineer should observe all ooting excava-
tions prior to concrete placement to evaluate bearing conditions.
i
FLOOR SLABS
i
The natural cn-site soils, exclusive of topsoil, are suitable to support
• i
lightly to moderately loaded slab -on -grade construction. To reduce the
effects of somne differential rmvement, floor slabs should be separated from
all bearing walls and colurnrs with expansion joints which alloF unrestrained
vertical movement. Floor .slab control joints should be used tc� reduce darase
i
due to shrinkage cracking'. We suggest joints be provided o the order of
15 feet on center. The requirements for slab reinforcement shpuld be estab-
lished by the designer based on experience and the intended slab use. A
minimum 4-inch layer cf free -draining gravel should be ;placed b eath slabs to
facilitate drainage. This r„aterial should consist of:Iminus 2-inch aggregate
with less than, 5Cp passing the tio. 4 sieve and less than 2� passing the
;yo. 200 sieve.
All fill materials for support of floor slabs should be cbrjpacted to at
I
least 95p of maximum standard Proctor density at a: moisture! content near
optimum. Required fill can consist of the on -site gravels devoid of vegeta-
tion, topsoil and oversized rock. The existing on -site fill can probably be
used as structural fill provided organics, oversize rock and othr deleterious
i
;materials are removed. All of the existing fill should be removed before
placing the structural fill below slab areas. Ij
370199 B-750 P-1 034 05/ 19 / 94 1 1 : 05A P6 71 OF e6
Chen -Northern, Inc.
Exhibit "K" Page 7 of 19
UNDERDRAIN SYSTDf
�- Although free water was encountered in our borings below poposed devel-
opment depths, it has been our experience in mv-untainous Greys that local
perched groundwater may develop during times of heavy; precipitiation or sea-
sonal runoff. Frozen ground during spring runoff can create a perched condi-
i �
lion. We recommend below;'grade construction, such as;retaining walls, crawl
space and basement utility areas be protected from vetting and hydrostatic
pressure buildup by an underdrain system.
The drains should consist of drainpipe placed inithe bottom of the wall
backfill surrounded above the invert 'Level with free-driini;,g glacent
aular materi-
al. The drain should be placed at least 1 foot below i lowest finish
grade and sloped at a minimum 1% to a suitable gravity; outlet. Free -draining,
granular material used in :the underdrain system should contain less than 2%
passing the No. 200 sieve,; less than 50% passing the NO. 4 sieve and have a
' I
rnaxi",rn size of 2 inches. T'ae drain gravel backfill s::ould be ai least 2 feet
deep.
SU&FACE DRAITTNAAGE
Site grading should be planned to provide positive surface drainage away
from all building and parking areas. The buildings and parking areas should
be placed as high as possible on the site so that positive drainage away from
these features can be provided. Surface diversion features should be provided
I
around parking areas to prevent surface runoff from flawing across the paved
I
surfaces.
The following drainage precautions should be observed during constructicn
and maintained at all tines after the buildings have been comple�ed:
374199 P-T�_0 p-1035 05/ 19/94 11 : 0 5A PG 72 OF 86
Chen -Northern, Inc.
Exhibit "K" Page 8 of 19
I
-T
I
1) Inuncation of the foundation excavations and underslab yeas should be
avoided during construction.
2) Exterior backfill should be adjusted to near optic=- moisture and
compacted to at least 9% of the craximum standard Pro 'tor density in
pavement and slab areas and to at least 0� bf the m� ximum standard
p 9
Proctor density in landscape areas.
3) The ground surface surrounding the exterior of .the buil�ings should be
sloped to drain away:from the foundation in all directicnsi. We recommend
a minimum slope of 12 inches in the first 10 feet in unpaved areas and a
minilimu.-i slope of 3 Inches in the first 10 feet; in pave areas. Free -
draining wall backfill should be capped with at least 2 feet of the
on -site soils to reduce surface water infiltration.
4) Roof downspouts and drains should discharge well beyond th� limits of all
back-JL%ll.
LIMITAT Olds
This report has been' prepared in accordance with.generall� accepted soil
and foundation engineering practices in this area far use by the client for
design purposes. The conclusions and recommendations submitted in this report
are based upon the data obtained from the exploratory boringsl drilled at the
locations indicated on Fig. 1 and the proposed type of construction. The
i
nature and extent of subsurface variations across the site ay not become
evident until excavation.is performed. If during construction, fill, soil,
I
rock or water conditions appear to be different from those described herein,
this office should be advised at once so reevaluation of the recommendations
may be made. We recorizend on -site observation of excavations and foundation
i
i
37" B-75� � F' 1036 i36 05/ 19/94 1 1 : C_ )5A F'6 73 OF 86
Chen -Northern, Inc.
Exhibit "K" Page 9 of 19
Im
bearing strata and testing of structural fill by a representatiive of the soil
engineer.
I
Verytruly yous,
CHE.N-NORTHERN,! I"1C.
I
By
Daniel E. Hardin, P.E.
Reviewed By
Steven L. Pawlak, P.E.
DE:'-f ec
i
cc: Sunup, Ltd., Architects, Attn: Peter Dobrovolny
Banner Associates, Attn: Pat Dobie
' I
i
i
3701998—r (a
1037 05/ 19/94 1 1 : c i5A PG 74 OF 86
Chen -Northern, Inc.
Exhibit "K" Page 10 of 19
U
r�
0
L.
L-)
It
co
t
U�
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Im
\r 14PPROXIMATE SCALE
PROPERTY
BOUNDARIES
EXISTING
TENNIS
COURTS
EXISTING
a ul
TDING 1
1
I
� I
{
I j PROPOSED
BUILDING -
(
I
I
I I
1
I � I
I�
I I
I (
I I
W
W
HOLE I
I �
O
I �
o
CD
Z
I F—
o�
I w
HALE 3
i
I
I
1
i
i
BENCH MARK - PRCPERTY CORNER PW ;
--- ELEV.= 7890.84, AS
PROVIDED,
4 326 891 Chen -Northern, InC. 1 LOCATION OF EXPLORATORY BORINGS Fig. I
Exhibit "K" Page 11 of 19
Hole 1 11ole 2 Hole 3 Hole 4
Elev. = 7879.0' Elev. = 7878.6' Elev. = 7886.1' Elev. = 7878.3'
I
I
-7890 7890
I
I
I
-7885 7885
I
4/12 7880
-7880
Y
49/12
7 870
26/12
15/12
45/6
31/6
786544/12
K
WC=5. 8
S1/12
4=43
-200=22
WC=7.0
*4=34
-200=23
7860
14/12
21/12
R=8. 4
+4=30
-200=18
88/12
a
U
i
L'
'
I
7875
c
o
25/12
U
7870
j 40/12
NP
i
i
I
7865
7860
I
I
i
Note: Explanation of symbols presented on Fig. 3.
I
i
370199 B- 7 5Q P-1039 05/ 19/94 1 1 : 05A PG 76 OF 86
4 326 89 Chen -Northern, Inc. Logs of Exploratory Borings Fig. 2
Exhibit "K"
Page 12 of 19
i
LEGEND:
® Fill; .sand and gravel, :silty, h'iLh cobbles, medium dense, slightly moist, brown.
I
t
Sand and Gravel (c;M); slightly silty, with cobbles, occasional silty sand layers,
moist, reddish brown.
, I
Drive sample; standard penetration test (SPT), 1 3/8-inch I.D. split spoon
sample, ASTM 0-1586.
49/12 Drive sample blow count; indicates that 49 blobs of a 140-pond hammer falling
30 inches were required to drive the SPI' sampler 12 inches.
TPractical rig refusal. -
Free water level in boring at time of drilling.
. I
VOTE S :
1. Exploratory borings were drilled on May 24, 1989 with a 4-inch continuous
flight power' auger.
I
2. Locations of exploratory borings were measured approximately by pacin from
features shorn on the site plan provided.
S. Elevations of exploratory borings were measured by instrument Ievel and refer to
the Lench Mark on Fig.1. I
4. The exploratory boring' locations and elevations should be considered accurate
only to the degree implied by the nethod used.
S. The lines between materials shown on the exploratory boring'•Iogs represent the
approximate boundaries between material types and transitions may be gradual.
6. Water level readings shown on the logs were made at the time and under the
conditions indicated. Fluctuations in water level may occur: with time.
i
7. Laboratory 'Testing Results:
KC = Water Content (a)
+4 = Percent retained on No. 4-sieve
-200 = Percent passing:No. 200 sieve
NP = tionplastic
370199 B- 7 50 P- i o40 0 5 / 19 / 94 1 1 : o5A PCB 77 OF 86
4 326 89 1 Chen -Northern, Inc.
Legend and Notes
Fg
3
Exhibit "K"
Page 13 of 19
c0
LL
O
a)
r-
U
CL
Q
!r)
0
,-4
N
U7
r�
i
m
—
o��>_�a�ar•�>_a�odw�+.r—
a
10
20
50
u
Z
C
z
v
c
a
a
0
JOi •077 .00 G=9 ,9 .077 Cif .up.•Z 9,] t Set `2i 110J
2 A
20 1 I:2
DIAMETEa OF PARTICLE IN MILLIMETERS
S�r::) IG GAVEL
CLAY TO SILT �COAFQjEj N= COARSE CCBgL_S
GRAVEL 34 °e SAND 43 % SILT AND CLAY 23 5al
% all I
LIOU17 LIMIT PLASTICITY INDEX
I
SAMPLE OF silty sand and gravel FROM Hole 1 at 161 feet
NYDROIAETE.R ANALYSIS SIEVE ANALYSIS
T1A+� ASAGI'�3S U 5. 57ay011AD 5EAIES CLEAR SOUAFS O?!N'NGS
N r'2. 7 HA'10
•] Ml,l .S 4 `�, CV 1..1l '"i M .N-, Mln 1 (.11 V aV Z.
z
W
U
2
i
.42 20 UZ
DIAMETER OF PARTICLE IN MILLIMETERS
CLAY TO SILT I SAND GRAVEL COSIBLES
FINE I ,.,5OIVM CO'Lr'SE I FINE I iCCARSE
GRAVEL 43 % SAND 35 % SILT AND CLAY .22
UOUIO LIMIT A PLASTICRY INDEX %
SAMPLE OF silty sand and gravel FROM Hole 2 at 15 feet
14 -126 39 1 Chen -Northern, Inc. I GRADATION TEST RESULTS Fig. 4
CA-2-7 9
Exhibit "K" Page 14 of 19
ri
LL
01
01
�t
HYD^nCk!E-c::, ANALYSIS T'EvE ANALYSIS
;;s'icLA=:vGS :5 ,,;SUOLS
.��......��
������
,tttttttttttttttn�ttttttw
� tIIIIIIIIIIIIIIII�s
i
W� - I d I�
��a•
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ttttttttttttttttttt��t�i�t
��r'
I�������tttttt
�tttttttttttttt�
,a
23
C
zcz
r
u
Z
J
ry U
1
70
,�1 002 .00i .CL�9 Ot9 :S7 U-c I: :3 .. ._ ,57�
,c2 20 1L-2
DIAMETER OF PARTICLE IN MILLIQETER.S
C'_lY'D •;tLT C035_SS
p!vc LIEUIU!J7,777, 1 :InS CGa=_=
GRAVEL 30 °.o SAND 52 % SILT AND CLAY
LIQL::O L(MiT PLASTICITY INDEX
SAMPLE OF silty sand and gravel FROM Hole 3 at 15 feet
i
=R ANIA.LYSIj' =icv'c Ati IYS:S
TueS :�'.vid5 U S 0A;q
e21 1rR. c Ha., —.,.., � � " 1 °.:N •700 -1CC) -1:C •c0'30 •15 tOtl ,� '�„ `•'I '.. 5"6` ..
.W1 WI
12
COS .OZ9 019 Aa7 .074 149 .297 9 590 1.19 12—A A.PO _.:z INA
s2 20 �152
DIAMETER OF PARTICLE IN MILLIMETERS
Tn cn T snyp GRAVEL 0SLE5
GRAVEL % SAND % SILT AND CLAY %
LIQUID LIMIT % PLASTICITY INDEX %
SAMPLE OF FROM
a 325 8s I Chen-l�lorthern, Inc.
CA-2-79
GRADATION TEST RESULTS I Fig. 5
Exhibit "K"
Page 15 of 19
370199 B-750 P-1043 05/19/94 11:05A PG 80 OF 86
ro
w
m
H
ON
0
M
t0
Chen -Northern, Inc.
T A 8 L E I
SUMMARY OF LABORATORY TEST RESULTS
4 326 89
SAAIf'LF I.0CATrOW
IJATIInAI.
n1OIS)UnE
CAMLN[
(�`
NAlUnA1
Onv
DChISITY
(1A)
GnAM110N
Pf-Il('f-SIT
IYS nINU
nx) 71xI
SIEVC
nT'rennrnGnnuTs
Ut21X1NfINED
COn1VIWSSIVE
SIHENGTH
(pall
SOIL On
OEDnOCx TYPE
IgLE
DEPTH
(fuaq
orim 1.
1'�I
SAND
Ivl
LCOUID
LOWT
PLASTICITY
IIJUEX
1
16
7.0
34
43
23
silty sand $ gravel
2
15
5.8
43
35
22
silty sand 4 gravel
3
15
8.4
30
52
18
silty sand $ gravel
4
10
NP
silty sand
,r
Chen -Northern, Inc. 5080 Road 154
Billings
Great Falls
Glenwood Springs, Colorado 81601
Boise
Helena
303/9454458
Casper
Phoenix
Fax: 303/945-2363
Coloraoo Springs
Pocatello
Denver.
Rock Springs
Elko
Salt Lake City
Evanston
San Antonio
Gillette
Tri Cities
Glenwood Springs
Yakima
July 5, 1989
Subject: Supplemental Subsurface Study,
Existing Fill Conditions,
Proposed Aspen Greens Employee
Housing, Aspen,,Colorado.
Job No. 4 326 89
Aspen/Pitkin Housing Authority
a Attn: James Adamski
°° 130 South Galena i
o Aspen CO 81611-1902
-, Gentlemen:
im
(D As requested by Colorado First Construction, we met with theta to log
iL subsurface profiles exposed in backhoe pits excavated at the site. The pur-
pose of the backhoe pit excavations was to evaluate the types, and depths of
the existing fill material at the site with respect to the proposed building
construction. Chen -Northern, Inc., previously conducted a subsoil study for
-i design of foundations for the employee housing project and reported our find-
ings on June 20, 1989, Job No. 4 326 89.
tr.
01 We met on the site as requested by the contractor June 27, 28 and 29.
� The excavation work was cancelled on June 27 and 28. Four backhoe pits were
LO excavated on June 29 at the approximate locations shown on Fig. 1. The pits
were excavated through the existing fill and into the natural granular sub-
Ct
soils. The fill depths encountered in the pits are presented in the following
table. I
I
C- Surface Fill
c
Location Elevation (ft) Depth (ft)
u�
LM 2 s7879.0' *11'-121 (Stockpile)
3 ±7878.01 &83- 9'
tr 4 _t7878.0 1 +5 1- 61,
Q-
"� The fill materials encountered in the pits are similar to those described
�'- in our previous report and consist mainly of a mixture of loose silty sand,
gravel and cobbles. Scattered construction debris such as wood was also
observed. The existing fill material is not suitable for support of building
foundations, floor slabs or pavement areas due to its extensive depth and
loose condition.
The buildings are recommended to be supported on spread footings placed
on the natural subsoils completely below the existing fill material. As an
A member of the MD group of companies
Exhibit "K" Page 17 of 19
Aspen/Pitkin Housing Authority
July 5, 1989
Page 2
alternative, the existing fill material could be replaced compacted to at
least 100% of standard Proctor density at a moisture content near optimum.
The recommended 3000 psf maximum bearing pressure can be used for footings
placed on properly compacted structural fill. A representative of the soil
engineer should be present on the site full-time to evaluate ;the fill con-
struction including foundation, floor slab and pavement areas. The structural
fill should extend beyond the perimeter of the foundation, slab or pavement
areas a lateral distance equal to at least the depth of fill below the struc-
ture. It appears that most of the existing fill other than topsoil, vegeta-
tion, debris and oversized rock can be reused as structural fill material.
We will be available to perform the testing of the fill construction at
00 your request. If you have -any questions regarding the information provided in
this report or if we can be of further assistance, please let usiknow.
LL
Very truly yours,
r4
00 CHEN-NORTHERN, INC.
C
LL
�7 I
. By
�+ Steven L. Pawlak, P.E.;
SLP/ec '
° Attachment
0 cc: Colorado First Construction, Attn: E.J. Olbright
In Sunup, Ltd, Attn: Peter Dobrovolny
Banner Associates, Attn: Pat Dobie
LL
Chen -Northern, Inc.
Exhibit "K" Page 18 of 19
LL
0
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00
IL
41
0�
Q�
CL
r�
4ve
APPROXIMATE SCALE
1" - 80,
PROPERTY.
BOUNDARIES
EXISTING
TENNIS
COURTS
EXISTING
BUILDING
1 i
LEGEND
• EXPLORATORY I
BORING
O EXPLORATORY PIT '
FOR RECENT STUDY I
I
1 �
PROPOSED
j�
BUILDING
I
I
f�
1
IT I
sl
iOLE I
:,IT 12
I
i
HOLE 3
Lu
0
U
lt..
J
O
cD
PROPERTY CORNER PIN;
ELEV.=787.9.�84; AS
PROVIDED.
14 326 891 Chen -Northern, lnC. I LOCATION OF EXPLORATORY BORINGS I Fig. I I
TOTAL P.19
Exhibit "K" Page 19 of 19
EXHIBIT "L"
STEWART TITLE OF ASPEN, INC. Page 1 of 3
OWNERSHIP AND ENCUMBRANCE REPORT
PREPARED FOR: CITY OF ASPEN ORDER NO.: 20867
HEREBY CERTIFIES from a search of the books in this office that
the owner of:
Lot 2, THE ASPEN GOLF COURSE SUBDIVISION, according to the Plat
thereof recorded in Plat Book 17 at Page 34.
Situated in the County of Pitkin, State of Colorado, appears to
be vested in the name of:
CITY OF ASPEN, COLORADO
and that the above described property appears to be subject to
m
the following:
LL
A Deed of Trust dated December 5, 1986, executed by City of
Aspen, to the Public Trustee of Pitkin County, to secure an
indebtedness of $100,000.00, in favor of Red Roof Inns, Inc.,
0 recorded December 5, 1986 in Book 524 at Page 310 as Reception No.
a_
283835.
Security interest under the Uniform Commercial Code affecting the
-� subject property, notice of which is given by Financing Statement
from City of Aspen, debtors, to Red Roof Inns, Inc., secured
party, as Filing No. 10417, recorded December 5, 1986 in Book 524
Cr-
"I at Page 522 as Reception No. 283836.
a`
Right of the proprietor of a vein or lode to extract and remove
to
^ his ore therefrom, should the same be found to penetrate or
�•� intersect the premises hereby granted, as reserved in United
States Patent recorded October 27, 1892 in Book 55 at Page 31 as
-+ Reception No. 49768.
I
a_
Right of the proprietor of a vein or lode to extract and remove
0 his ore therefrom, should the same be found to penetrate or
�0 intersect the premises hereby granted, as reserved in United
States Patent recorded October 27, 1892 in Book 55 at Page 33 as
as
Reception No. 49768.
Cr- Easement and right of way to construct and maintain telephone and
tr
.-+ telegraph lines granted to The Mountain States Telephone an
Telegraph Co. as set forth in instrument recorded December 11,
1929 in Book 162 at Page 172 as Reception No. 85109.
Easement and right of way for communication and other facilities
granted to The Mountain States Telephone and Telegraph Company as
set forth in instrument recorded July 26, 1971 in Book 256 at Page
689 as Reception No. 146599.
Easement and right of way for sewer facilities granted to Aspen
Metropolitan Sanitation District as set forth in Deed of Easement
-1-
Continuation Page
EXHIBIT "L"
Page 2 of 3
,0
0
k
0
0
co
IL
07
Q`
�7
recorded February 10, 1971 in Book 253 at Page 636 as Reception
No. 144336.
Easement and right of way for sewer facilities granted to Aspen
Metropolitan Sanitation District as set forth in Deed of Easement
recorded February 10, 1971 in Book 253 at Page 638 as Reception
No. 144337.
Easement and right of way for communication and other facilities
granted to The Mountain States Telephone and Telegraph Company as
set forth in instrument recorded October 31, 1973 in Book 280 at
Page 927 as Reception No. 163217.
Private Roadway and Utility Easement (driveway) as set forth on
the Plat of the Aspen Golf Course Subdivision recorded June 20,
1985 in Plat Book 17 at Page 34 as Reception No. 269092.
Electric Easements (5 feet in width along the North line of the
"tennis courts" and 10 feet in width in all other instances) as
set forth on the Plat of the Aspen Golf Course Subdivision
recorded June 20, 1985 in Plat Book 17 at Page 34 as Reception No.
269092.
Golfers Easement (Southeast corner of subject property) as set
forth on the Plat of the Aspen Golf Course Subdivision recorded
June 20, 1985 in Plat Book 17 at Page 34 as Reception No., 269092.
Utility Easement (20 feet in width) as set forth on the Plat of
the Aspen Golf Course Subdivision recorded June 20, 1985.in Plat
Book 17 at Page 34 as Reception No. 269092.
00 Right of way for 10' irrigation ditch and culvert (Southline of
subject property) as set forth on the Plat of the Aspen Golf
Course Subdvision recorded June 20, 1985 in Plat Book 17 at Page
ie 34 as Reception No. 269092.
Covenants and restrictions as set forth and established by
Declaration of Covenants and Restrictions recorded December 2,
1985 in Book 500 at Page 327 as Reception No. 273627.
Terms and obligations as set forth in (appurtenant) Deed of
Q Easement granted by the City of Aspen recorded December 2, 1985 in
Book 500 at Page 344 as Reception No. 273632.
Terms, conditions and obligations as set forth in City Ordinance
No. 53 (Series of 1986) recorded December 5, 1986 in Book 524 at
Page 302 as Reception No. 283833.
Underground Right -of -Way Easement granted to Holy Cross Electric
Association, Inc. recorded January 2, 1990 in Book 610 at Page 874
as Reception No. 318642, and Bill of Sale recorded in Book 610 at
-2-
Continuation Page
EXHIBIT "L"
Page 3 of 3
Page 876 as Reception No. 318643.
City of Aspen Ordinance No. 37 (Series of 1989) rezoning the
property, recorded January 10, 1990 in Book 611 at Page 612 as
Reception No. 318975.
Lease evidenced by Aspen Sports, Inc. recorded January 7, 1994 in
Book 738 at Page 32 as Reception No. 365545.
EXCEPT all easements, rights -of -ways, restrictions and
reservations of record.
EXCEPT any and all unpaid taxes and assessments.
This report does not reflect any of the following matters:
1) Bankruptcies which, from date of adjudication of the most
'a recent bankruptcies, antedate the report by more than fourteen
00
(14) years.
LL
O
2) Suits and judgements which, from date of entry, antedate the
�
report by more than seven (7) years or until the governing statue
of limitations has expired, whichever is the longer period.
0
3) Unpaid tax liens which, from date of payment, antedate the
Ln report by more than seven (7) years.
Although we believe the facts stated are true, this Certificate
is not to be constructed as an abstract of title, nor an opinion
of title, nor a guaranty of title, and it is understood and agreed
that Stewart Title of Aspen, Inc., neither assumes, nor will be
charged with any financial obligation or liability whatever on any
statement contained herein.
p, Dated at Aspen, Colorado, this 7th day of February A.D. 1994
at 8:00 A.M.
i
BY:
r,
Authorized Signa ure
i
o,
01
r)
-3-
CITE' CLERK
130 S. GALENA
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 5 18 89
DATE COMPLETE: \5 `6
PARCEL ID AND CASE NO.
2735-122-00-002 51A-89
STAFF MEMBER: : O —
PROJECT NAME: Red Roof Inn PUD Final Plat
Project Address:
Legal Address:
APPLICANT: The Aspen/Pitkin County Housing Authority
Applicant Address:
REPRESENTATIVE: Tom Stevens, The Stevens Group
Representative Address/Phone: 230 E. Hopkins Avenue.
Aspen, CO 81611 5-6717
-----------------------
PAID: YES NO AMOUNT: N/C NO. OF COPIES RECEIVED: 21
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
CC Meeting Date
VESTED RIGHTS: YES (iO
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
---------------------------------------------------------------
-------------------------------------------------------------
REF�RRALS :
ti
City Attorney
Mtn. Bell
School District
V
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
�� Fire Marshall
State Hwy Dept(GJ)
City Electric
Building Inspector
Envir. Hlth.
Roaring Fork
Other
Aspen Consol.
Energy Center
S.D.
DATE REFERRED: �S �� �� INITIALS: `, S
FINAL ROUTING:
DATE ROUTED: j%O L26 h° , INITIAL: '
City Atty City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
Regular Meeting Aspen City Council May 8 1989
CONSENT AGENDA
Councilman Gassman moved to take Summit Place Insubstantial PUD
amendment off the consent agenda; seconded by Mayor Stirling.
Councilman Gassman said he would like an explanation of this item.
Council placed it at the end of the action items. All in favor,
motion carried.
Councilwoman Fallin moved to accept the consent agenda as amended;
seconded by Councilman Isaac. The consent agenda is:
A. Extension of Lease - Wheeler Opera House
B. Liquor License Renewals - Gordon's; O'Leary's;
Wheeler
C. Minutes - April 24, 1989
D. Cooper Street Greystone Condominiumization
E. Amending Minutes October 24, 1988, RE: Ordinance
#41. This amends the minutes of October 24, 1988,
page 16, line 20 to read "APPROPRIATING WATER FUND
EXPENSES OF $900,000"
F. Special Event Permit - Thrift Shop
G. Housing Unit at Animal Shelter
H. Mountain House Lodge Employee Unit Covenant
Councilman Tuite brought up the housing unit at the animal shelter
and asked if the funds going to the city are restricted. Deputy
City Manager Ron Mitchell said these funds are going to the police
department. Mitchell said the police department has budgeted for
the debt service payments and associated costs, so they are
receiving the revenues.
All in favor, motion carried.
CONCEPTUAL PUD - Aspen Greens (Red Roof Inns)
Councilwoman Fallin brought up the name of the project. Mayor
Stirling pointed out the P & Z resolution states the name should
be changed to something not using Aspen or Greens. Tom Baker,
planning office, said this project is implementing part of the
city's housing plan. The housing authority has had an extensive
public process. The P & Z is pleased with the results of this
projects. The applicant has already addressed conditions of
approval imposed by P & Z.
Baker said two issues Council is to look at are rezoning and
conditional use. These will be dealt with formally at final SPA.
The rezoning entails rezoning a 154,000 square foot parcel from
golf course support to public. Affordable housing is a conditional
use in the public zone district. Baker reminded Council last month
they made a program change, wanting permanent residents in the new
5
Regular Meetina Aspen City Council Mav 8. 1989
units and seasonal residents in the existing facility. Up to that
point, staff had been focusing on seasonal residents for the entire
facility. Baker said there are some concerns about parking,
transit and traffic, which will be focused on at final approval.
Tom Stevens, design team, told Council originally the buildings
were designed around the concept of seasonal employees. With the
new program for permanent employees, the design started over with
a new plan at the same square footage and similar footprint.
Stevens said the new design is geared specifically to permanent
employees. The new design is 38 two -bedroom apartments and 8
studio apartments. Stevens said they have increased the parking
to 1 space per bedroom and .6 per bedroom for the seasonal to
accommodate 114 spaces on site. Stevens said there are 20 spaces
on the golf course lot for overflow in the winter months. Stevens
said the open space will be more usable than the original design;
two tennis courts will be retained. The MAA will be using the
seasonal, existing portion of the project. The MAA will put older
students or faculty in the new portion.
Stevens said the new project will cost about $200,000 more than the
original for a total of $3,800,000. Stevens said the rental rate
for a two -bedroom units will be $675 to $700 per month and a studio
of $350 to $375. Stevens said the second floor units will be
larger and will rent for $750 and $800. Stevens said an advantage
of the new project will be rentals on a 12 month basis and makes
the economies of the project better. Stevens said permanent
residency requires less maintenance, which also enhances the
economics of the project. Stevens said with the program change,
they have been able to lower the building, which has mitigated the
visual impact concerns.
Stevens said one issue is the highway 82 access for vehicles and
pedestrians. P & Z has placed addressing this as a conditional of
final approval. Stevens told Council he has contacted the highway
department and will continue to work with them and the city
engineering department. Stevens said they have looked at solutions
from doing nothing to a signal light at this intersection. Stevens
said the. highway department is producing the EIS for the highway
right now. Baker told Council P & Z felt comfortable with rezoning
and conditional use as part of the affordable housing production
plan. Council agreed they had no problems with these two requests.
Baker said this project will also require special review for
parking and the GMQS exemption at final approval. Baker went
through the standards for rezoning. There are no conflicts with
the land use code. This proposal is consistent with the affordable
housing plan as well as the state highway corridor master plan.
The existing facility will screen the proposed new construction.
11
( Regular Meeting Aspen City Council May 8, 1989
Baker said the public zone district is compatible with the
surrounding area. The residential use is also acceptable.
Mayor Stirling entered into the record a letter received from C.
E. Hopkins urging Council to vote no on the rezoning request.
Hopkins said if affordable housing is built it will not be in
keeping with the original open area use, and create an eyesore that
would detract from the golf course.
Baker said a standard of rezoning deals with the effect on traffic
generation and road safety. Baker told Council this was of concern
to P & Z, and there is not enough information to make a final
determination on. This will be addressed at final. Baker said
staff wants a sense from Council if they feel comfortable that this
site can be rezoned if all issues can be mitigated. Baker said
this intersection is a problem now, and adding residents will add
to this impact. Stevens suggested Council request a warrant study
from the highway department for this intersection.
Pat Dobie, Banner Engineers, told Council the highway EIS and
improvements of the highway department will be done at some point.
Dobie said the issue whether to spend housing authority money and
make some improvements to the highway or to defer this is a Council
decision. Dobie said the applicant can apply to the highway
department and make some improvements. These are estimated at
$250,000, which will effect the rents by $60 per month. The other
way to deal with the improvements is request a warrant study. If
it is found the existing intersection is deficient, then the burden
of the improvements is on the highway department. Frank Peters
said there is pedestrian access and vehicle access to the highway.
Peters asked if an underpass has been considered, and how much this.
would cost.
City Manager Bob Anderson said he has been in contact with the
highway department, and part of their position is if there is a
change in use, this will require a change in the access permit.
Anderson said an overpass ,or underpass is probably an expensive
alternative. Councilman Gassman said the emphasis should be on not
having cars, which is more consistent with what is being done in
the rest of the community. Councilman Gassman pointed out this
project is on a major bicycle/pedestrian route and there are buses
going by here. Baker said a pedestrian underpass has been costed
out at $75,000. Anderson said if this is to be for employees of
Aspen, there will either be left turn into traffic or right turn
into the project, which would argue for a deceleration lane, rather
than a stop light. Jim Adamski, housing office, told Council they
would prefer to manage the project with a de -emphasis on cars
rather than designing it to encourage people to use cars. Sy
Coleman suggested charging for people to park their cars at this
project, rather than raising the rent for everyone to make
7
Regular Meeting Aspen City Council May 8, 1989
improvements. Steve Crockett suggested in the guidelines for
tenants there might be extra points for people who do not have
cars.
Dobie said an issue is whether this project is solving employee
housing or is solving employee housing and highway 82 problems
both. Dobie said if the city asks the highway department for a
warrant study, the recommendations for the intersection will get
merged into the improvements for highway 82 as a whole. Mayor
Stirling said if a warrant study is presented to the applicant,
the city cannot just ignore it. Councilman Tuite asked if the
highway department has the right to tell the city they cannot build
the project, if the city does not ask for a warrant. Councilman
Tuite said the city can deal with this on their own. Councilwoman
Fallin said there should be a way to get the bus into this project
or a better way to get the pedestrians to the bus stop. Harry
Truscott, housing authority, told Council making highway improve-
ments will delay schedule of this project. Truscott said he would
rather see these problems worked out through the management of the
project. Council agreed not to ask for a warrant study unless
there is no other way to go.
Baker said another standard deals with demands on public facil-
ities. Baker said the proposal is to deal with management as a way
of dealing with the traffic issue. Truscott said the non-profit
corporation that manages Hunter Longhouse will manage this project.
Mayor Stirling said he would like the reasons why this corporation
will manage the project at final consideration. Baker said the
applicants have amended the drainage plan, and it is no longer an
issue. Baker said another standard is adverse impacts on the
natural environment. Baker said this site is beat up. Baker said
there is an existing affordable housing project, and this is an
expansion of that.
Baker said some of the conceptual issues have already been
addressed in the rezoning. Baker said the applicant will pursue
a growth management exemption before final approval. Baker told
Council the.original proposal was about 22.5 units per acre; this
proposal is 27 units per acre. Baker said staff looked at this
site if it were zoned RMF. The lot area requirement would be
137,000 square feet and this lot is 154,000 square feet. The
proposal is within the lot area requirement. These units will
range from 700 to 900 square feet. Baker told Council the public
zone sets all dimensional requirements by special review.
Baker said the landscape plan is adequate for conceptual submis-
sion. The applicant has committed to use low level incandescent
lights. Stevens told Council the sewer line is not adequate to
service this project and they propose to put in a new line built
to the Sanitation District's standards. Stevens said the housing
L
Reaular Meetina Aspen City CouncilMay 8, 1989
authority has not addressed refurbishing the pool. Two of the
tennis courts will remain for residents of the project. Councilman
Isaac said he would like the tennis courts opened for the public;
they were paid for by the public. Councilman Isaac said it might
be better to get rid of the pool. Councilwoman Fallin agreed.
Baker told Council this proposal will not cause the golf course
maintenance vehicles to have to go around the site. The streets
will be privately maintained. Baker said staff and P & Z find this
proposal creative; however, there are concerns about transit,
traffic and parking. The applicants have already addressed 3 of
P & Z's conditions. There are other conditions to be met before
final presentation. Councilman Gassman suggested taking out
condition #11, affordable rents, as this has already been ad-
dressed.
Councilman Gassman moved to accept the conceptual planned unit
development proposal on the golf course project; seconded by
Councilman Tuite.
Councilwoman Fallin said the support facility for the golf course
should be emphasized so that in the future the residents do not try
to do away with them. Stevens told Council they are aiming for a.
December 1 occupancy. This may necessitate a special Council
meeting in June.
All in favor, motion carried.
ORDINANCE #16, SERIES OF 1989 - Historic Landmarks GMQS Exemption
Alan Richman, planning office, said this ordinance is an attempt
to relieve historic landmarks of some of the exactions imposed in
the adoption of the new code. Richman said some of these are to
permit change in use to occur without impact mitigation. Richman
said P & Z normally requires low income housing be provided; this
ordinance allows moderate income housing to be provided. This
ordinance permits sub -grade space be exempt from the affordable
housing requirements. HPC has authority over the parking review.
No cash -in -lieu for parking will be required in the CC or office
zone for historic landmarks.
Richman said one issue of discussion has been to what degree the
affordable housing requirement will be reduced. P & Z's recommen-
dation is that affordable housing mitigation will be at the 50
percent threshold level. In commercial development in the growth
management system a project is required to provide impact mitiga-
tion for 60 percent of the employees generated. The requirement
in this ordinance would be for 50 percent of that 60 percent, or
30 percent of employees generated at 100 percent of allowable FAR.
9
TO JIM GIBBARD
From: Bob Nelson
Postmark: Nov 02,89
MESSAGE DISPLAY
9:25 AM
TO TOM BAKER
Subject: TRUSCOTT PLACE DRAINAGE PLAN (EAST END)
Message:
I HAVE REVIEWED THE NEW DESIGN OF BANNER ENGINEERING FOR THE
REDESIGNED PERCOLATION PIT FOR RUNOFF CONTAINMENT. IT APPEARS
ACCEPTABLE AND IS THE PREFERRED ALTERNATIVE TO IMPROVE THE QUALITY OF
THE STORMWATER RUNOFF. WE WOULD RECOMMEND THAT A VOID BE CREATED
WITH SLOTTED CONCRETE RINGS TO PREVENT THE GRAVEL JUST UNDER THE
RECEIVING PIPE FROM CLOGING WITH SEDIMENT. OTHERWISE THE RAPIDLY
PERMEABLE SOILS SHOULD ASSURE THE RAPID DISSIPATION OF STORMWATER.
MEMORANDUM
TO: Mayor and Council
THRU:
Robert S.
Anderson,
Jr., City
Manager Z �`--
FROM:
Tom Baker,
Planning
Office.—,'-''
RE: Final PUD: Aspen Greens
DATE: June 26, 1989
SUMMARY: The Planning and Zoning recommends approval of the plan
alternative with 86 parking spaces for the following:
Rezoning from GCS to Public for this 154,890 s.f. parcel;
Final PUD Review; and
GMQS Exemption for the construction of affordable housing
(this is a Council action only).
PREVIOUS COUNCIL ACTION: Council granted the applicant
Conceptual PUD approval at their meeting on May 8, 1989. At that
meeting Council reviewed the standards for rezoning.
BACKGROUND INFORMATION
APPLICANT: The Aspen/Pitkin County Housing Authority (APCHA).
REQUEST: There are several areas of review for this application.
Conceptual PUD (the Public zone is a mandatory PUD), Rezoning
(from GCS to Public) Conditional Use for affordable housing (P&Z
action only), Final PUD, Special Use Review for Parking (P&Z
action only) and GMQS Exemption. P&Z has recommended and City
Council has granted Conceptual PUD approval for this project.
Both P&Z and Council have reviewed the application for Rezoning;
however, formal action will not be taken on these areas of review
until Final PUD. This memorandum will address GMQS Exemption,
and Final PUD.
PROGRAM DESCRIPTION: Both P&Z and Council are aware that the
program for this affordable housing project has changed since the
original concept plan was developed, (see Exhibits 1 & 2).
Originally the concept was to house seasonal employees in the
winter and MAA students in the summer. The current plan is to
house permanent employees. This change was made after Conceptual
review by P&Z, but before the Council's Conceptual review. The
change in program caused the design team to redesign the project
in a manner more suited to permanent housing. The current
proposal provides 38 two bedroom and 8 studio apartments with a
total of 84 bedrooms. The unit mix and type are described in
table 1.
TABLE 1
PROGRAM DESCRIPTION/RENTAL RATES
SQUARE
MONTHLY
RENT/
QUANTITY
UNIT TYPE
FEET
RENT
SF
4
Studio
308
$275
.89
4
Studio
413
369
.89
17
2 BR
694
619
.89
2
2 BR
700
625
.89
2
2 BR
854
780
.89
17
2 BR
897
801
.89
Area and Bulk - The project consists of two buildings. The west
building contains 20 two bedroom and four studio units which
total 15,856 s.f. The east building contains 18 two bedroom and
four studio units which total 17,459 s.f. Total square footage
for the project is 33,315 s.f. (pp. 16, 17 of the proposal give a
detailed accounting of building square footage). The total
footprint of the two buildings equals 14,706 s.f. Building
height to the peak of the tallest portion of the buildings is
just over 29 feet.
Design and Site Improvements - The buildings are designed to be
energy and cost efficient and the design can be stick built or
modular. The buildings are located on the site in a linear
fashion which undulates to break-up the perceived mass.
The landscape plan provides for beaming and plantings along the
north boundary of the property (9th fairway) which will help
screen the project from the golf course. Further, small open
space pockets occur on each end of the project and in the middle.
The middle open space pocket has a children's play area and
outdoor grill.
Energy Conservation - A substantial amount of thought and design
effort has gone into addressing energy and environmental
concerns. Each apartment has south exposure. Building materials
have been selected which do not use CFCs. Insulation levels of
R-28 in the walls and R-40 in the roofs are used. Low-E glass is
utilized and all apartments will be weatherized with the use of a
blower door to achieve low infiltration rates. Finally,
apartments will be individually metered to provide incentives for
conservation.
Transportation - At Council's direction the applicant has
investigated methods of reducing the demand for parking. In
terms of parking, the applicant identifies a need of one space
per bedroom in the new project and .6 space per unit in the
2
existing facility for a total of 114 spaces. The application
proposed that the Housing Authority pursue a joint agreement with
the City of Aspen to lease off-season parking in the golf course
parking lot for winter residential needs and reduce on -site
parking to 86 spaces. The application identifies several
measures to off -set the need for parking.
1. The installation of pedestrian crossing signs and a
partial crosswalk at SH 82.
2. The installation and paving of a deceleration lane at
the entrance to the Golf Course.
3. Work with the CDOH to explore the installation of a
pedestrian crossing signal. In addition, the posted
speed limit could be reduced through this area.
4. The exploration of an on -site bicycle program.
5. The institution of a van pool program in cooperation
with RFTA.
6. The institution of a parking sticker/management program
which charges a monthly fee for parking and gives
priority to residences applying for leases which do not
own cars.
In addition, RFTA provides frequent service to this site as part
of the Snowmass, Down Valley and Airport Shuttle services (the
Airport Shuttle service will be extended throughout the summer.)
Drainage - The applicant has amended the original drainage plan
so that parking lot runoff enters a drain fitted with a grease
trap and piped to either a dry well or to the existing golf
course irrigation ditch system.
Development Schedule - Site construction is scheduled to begin
July 11; building construction July 18; and completion December
15, 1989.
REFERRAL AGENCY COMMENTS: All referral agency comments are
compiled as Exhibit 3.
Fire Marshall - Good project, no comment.
Water Department - There is sufficient capacity to serve this
project. The 6" main shall be extended by the applicant as
illustrated on pg. 3 of the drawings.
Aspen Consolidated Sanitation District - If project approval is
conditioned upon building a new line to District standards with
the appropriate easements granted to the District and ownership
3
granted to the District for that portion which is to be
maintained by the District, then the ACSD concerns are met.
Engineering Department - The drainage plan is acceptable, but
Environmental Health should comment on the grease traps.
There is inadequate information on the parking management plan
and van shuttle service.
The CDOH contacted the Engineering Department and indicated that
they were concerned about change of use of access to this
development.
Prior to the issuance of a building permit, the applicant needs
to submit a plat to the Engineering Department that includes any
applicable information required by Sec. 24, Art. 7-
1004 (D) (1) (a) (3) and (D) (2) (a) of the Municipal Code.
STAFF COMMENTS: The areas of review which apply to this phase of
the process are GMQS Exemption, Special Review for parking and
Final PUD.
GMQS Exemption - Sec. 8-104(C)(1)(c) states that
of ...Development which may be exempted by the City
Council shall be as follows .... c. Affordable Housina.
All housing deed restricted in accordance with the
housing guidelines of the City Council and its housing
Designee.
The review of any request for exemption of housing
pursuant to this section shall include a determination
of the City's need for such housing, considering the
proposed development's compliance with an adopted
housing plan, the number of dwelling units proposed and
their location, the type of dwelling unit proposed,
specifically regarding the number of bedrooms in each
unit, the rental/sale mix of the proposed development,
and the proposed price categories to which the dwelling
units are to be restricted.
Response - This proposal is consistent with the Affordable
Housing Production Plan (Draft). The Plan identifies this site
for affordable housing. The rental price is in the moderate
income range and the unit mix is a direct response to steering
committee desires with the approval of City Council.
Special Review - Off -Street Parking - Sec. 7-404(B)(2) states
"...the applicant shall demonstrate that the parking
needs of the residents, guests and employees of the
project have been met, talking into account potential
uses of the parcel, its proximity to mass transit
4
routes and the downtown area, and any special services,
such vans, provided for residents, guests and
employees."
Response - Council gave the applicant direction to minimize the
use of the automobile and the number of parking spaces as much as
possible. The Council feels very strongly that the City's
affordable housing projects should be examples for managing the
automobile.
As was stated earlier, the applicant projected a need for 114
parking spaces (1/bedroom for the new development and .6/room for
the existing facility). The applicant would like P&Z and Council
to consider reducing the on -site parking from 114 to 86. This
would eliminate the need for the parking lot west of building one
and could be used for basketball, volleyball and additional
landscaping.
In order to make the 86 space parking plan work the applicant
proposes the following management plan.
Priority Rental to Non -Drivers - During the lease
application period applicants without cars will have
priority for housing in this project. Further, parking
stickers/permits will be issued to residents with cars and
will be charged a monthly fee in addition to their rent.
Shuttle Service/Van Pool - The applicant proposes to
participate in RFTA's van pool program. Van(s) will be
leased from RFTA for a monthly fee and be operated by
residents of this project. The RFTA lease will include
maintenance, insurance and gas. This van service will be in
addition to the existing RFTA service on SH 82.
Staff finds that the applicant has responded to Council's desires
and finds that this kind of management approach will demonstrate
the potential of reducing automobile use in the Community. Staff
would urge both P&Z and Council to approve the 86 parking space
option and require the applicant to audit the parking situation
on an annual basis. The results of this audit will provide
future projects with valuable information about automobile use.
The applicant has proposed non -permanent facilities on the
location of the west parking lot, this will provide the project
with a safety valve for the provision of future parking should
the need become apparent.
Final PUD - Sec. 7-903(B) lists review standards for PUD. Many
of these review standards have been addressed in Conceptual or
previously in this memorandum, therefore, staff will summarize
where appropriate.
1. General Requirements.
R
a. The proposed development shall be consistent
with the Aspen Area Comprehensive Plan. The
Affordable Housing Production Plan identifies
this site as appropriate for affordable
housing. The State Highway 82 Corridor
Master Plan identifies this site as part of
the Scenic Foreground. The purpose of a
Scenic Foreground is to steer development
away from highly visible sites and to
minimize the visual impacts of the limited
development which may occur in the foreground
so as to obtain an aesthetically pleasing
rural approach to Aspen. The proposed site
is in the Scenic Foreground, but it is
screened from SH 82 by the existing Red Roof
Inn and a large stand of cottonwoods on the
east side of the site. This screening
effectively minimizes the visual impact of
the development. The Applicant shall be
required to demonstrate that the proposed
structures do not extend above the height of
the existing structure, as viewed from SH 82.
b. The proposed development shall be consistent
with the character of existing land uses in
the surrounding area. The zone districts
which surround this site are Park in the City
and R-30, AF-2 in the County. The reason the
PUB zone district was selected is to ensure
that the parcel remains in the Community's
control. Further, the PUB zone district is a
community facility related zone district
which is compatible with land uses in the
area (golf course, affordable housing, pro
shop, residential uses across highway).
C. The proposed development shall not adversely
affect the future development of the sur-
rounding area. This project is an addition
to an existing facility which is surrounded
by a City owned golf course. No adverse
impact to future development is anticipated.
d. Final approval shall only be granted to the
development to the extent to which GMQS
allotments are obtained by the applicant.
The applicant is requesting GMQS Exemption
for the construction of affordable housing.
2. Density. Density is set by Conceptual and Final
L
Development Plan in the Public Zone. The issue of
density was discussed at Conceptual PUD. In
summary the density for this project is 27
units/acre (38 two bedroom and 8 studio units in
this proposal and 50 rooms in the existing
facility on a site of 3.56 ac. This density is
within the allowable density for free market
development in the R/MF zone. Further, the
project is surrounded with City owned open space
(Golf Course).
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 by the
underlying Zone District. Affordable housing is a
conditional use in the Public zone.
4. Dimensional Requirements. (DIMENSIONAL
REQUIREMENTS ARE SET BY CONCEPTUAL AND FINAL
DEVELOPMENT PLAN IN THE PUBLIC ZONE).
Parcel size
Existing building footprint
Proposed building footprint
Proposed roads and parking
Proposed open space
Existing floor area
Proposed floor area
Proposed FAR
Proposed Density
Proposed Dimensions
Minimum side yard
Minimum front yard
Minimum rear yard
154,890 s.f.
31,200 s.f.
14,706 s.f.
36,550 s.f.
27/ac Maximum
5 ft
5 ft
5 ft
The applicant shall provide information on dimensional
requirements at the P&Z meeting. Staff finds the project plan
acceptable, but need the above information for the PUD agreement.
5. Off-street parking. Off-street parking is set by
special review in the Public zone. This issue was
addressed earlier in this memorandum.
6. Open Space. The open space requirement is set by
special review. Staff finds the plan acceptable
and realizes that it will be enhanced if the west
parking lot is converted to open space.
7. Landscape Plan. There shall be approved as part
7
of the Final Development Plan a landscape plan,
which exhibits a well designed 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 finds the proposed landscape plan
adequate; however, the existing drawings
illustrate the 114 parking space plan. Adequate
landscape treatment shall also be given to the
area where parking is removed if the 86 parking
space plan is acceptable.
8. Architectural Site Plan. There shall be approved
as part of the Final Development Plan an architec-
tural site plan, which ensures architectural
consistency in the proposed development, architec-
tural character, building design, and the preser-
vation of the visual character of the City.
Staff finds that the Architectural Site Plan meets
the standards of the Code and is a significant
improvement over the initial concepts that were
developed prior to the series of steering
committee/public meetings. The current proposal
minimizes the mass of the structures and provides
usable open space on the site.
9. Lighting. All lighting shall be arranged so as to
prevent direct glare or hazardous interference of
any kind to adjoining streets or lands.
The applicant has committed to low level
incandescent lights with down lit lenses.
10. Clustering. Clustering of dwelling units is
encouraged.
This standard competes with other goals of the
proposal and while the buildings are not
"clustered" the intent of this section is
realized.
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 con-
structed, 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.
In terms of public facilities the referral
agencies have indicated only minor concerns
regarding water and sewer. Further, emergency
vehicle access and fire safety have been
addressed. The Engineering Department suggested
that Environmental Health review and comment on
the grease traps in the drainage system in order
to ensure that pollutants to not run-off into the
Golf Course irrigation system.
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. This
standard has been addressed.
b. Principal vehicular access points shall be
designed to permit smooth traffic flow with
controlled turning movement 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
Engineering Department is not satisfied with
the information provided in the traffic
analysis or with the information provided for
parking management.
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 or arterial roads shall be improved
so that they will not be adversely affected.
See above comments.
d. Every residential building shall not be
farther than sixty (601) feet from an access
roadway or drive providing vehicular access
to a public street. This standard has been
addressed.
e. All non-residential land uses 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. This standard has
E
been addressed.
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.
The Golf Course parking and street system
will be privately maintained.
The following are the conditions which Council directed the
applicant to address as part of the Final PUD submission.
1. Provide staff with a geotechnical study to determine the
impact of existing fill material on the proposed
development. This standard has been addressed in Exhibit 5
of the proposal.
2. Work with the CDOH and Engineering Department to develop a
detailed traffic study to determine the traffic impacts that
this proposal will have on SH 82 and develop an adequate
"interim" strategy until SH 82 is improved, (eg. traffic
light). At Council's conceptual review many concerns were
raised about the issue of SH 82. Council urged that the
applicant and staff work to develop a plan which reduced the
traffic generation impact of the project and therefore the
need for intersection improvements.
The applicant has committed to a parking management program
and van pool program. Further, the applicant has indicated
to staff in a phone conversation that $40,000 is available
for improvements to the SH 82 intersection. Perhaps this
money can be combined with RFTA's HOV funds to develop
adequate intersection improvements.
3. Provide a plan for plowing the trail along the golf course
in the winter to encourage winter bike riding as a way of
commuting into town. The applicant requests that the P&Z
and Council reconsider this condition because of its impact
on cross country skiing. Staff finds that plowing this path
will have little impact on cross country skiing because the
golf course is utilized for skiing and not the trail. Staff
finds that a plowed trail provides an attractive route for
pedestrians and bicyclists.
4. Develop a detailed Transit Plan in cooperation with MAA and
RFTA. Suggested elements of this plan include free transit,
safe crossing of SH 82 or a RFTA turn around on the site,
provision of a covered bike rack(s) and provision of a fleet
of bikes for use by MAA students and other residents.
During conceptual review Council directed the applicant to
implement auto disincentives and the applicant has
10
responded. Staff finds the van pool concept a good one and
would like the applicant to explain how it would work for
MAA students. Perhaps a small fleet of bicycles could be
made available for seasonal residents.
5. Comply with the ACSD standards for connecting to the
District system and providing for the ACSD to take over
ownership and maintenance of the sewer line at the Aspen
Greens. The applicant indicates that exhibit 7 outlines the
sewer service plan. This exhibit was reviewed by ACSD and
found to be incomplete.
6. Provide a fire hydrant at the turnaround as requested by the
Fire Marshal. This condition has been addressed.
7. The structures shall be sprinkled with a residential system
and be equipped with an automatic fire alarm system capable
of notifying all occupants of a pending problem, to the
satisfaction of the Fire Marshal. This condition has been
addressed.
8. The Land Use Code allows for 8 people in a dormitory unit.
The Applicant should be aware that the current proposal does
not meet this requirement. Since this is only Conceptual
review staff has not taken issue with this design concern,
but the Applicant should make the appropriate design change
in the Final Application. This condition no longer applies.
9. Provide basketball and volleyball in conjunction with the
tennis facilities. The 86 parking space plan will address
this condition.
10. Change the name of the project to something which does not
use the word Aspen. The applicant will rename the project.
11. The Applicant shall undertake a wage survey to provide the
P&Z with information which will be used to determine whether
or not the proposed rents are affordable. Council deleted
this condition.
12. The P&Z is aware that since P&Z's Conceptual review the City
Council has changed the program for this proposal from a mix
of seasonal and permanent housing to all permanent housing.
Therefore, the applicant must be prepared to address program
aspects of this proposal which the P&Z dealt with at
Conceptual during Final PUD, if the P&Z deems it necessary.
This condition has been addressed, in large part. Staff
requires that the applicant provide us with dimensional
requirements for the project so that zoning and building
checks will be less confusing.
CONCLUSION: The Housing Authority has developed a process and
11
project which should be replicated by all affordable housing
projects. The aspects of this project which staff would like
incorporated into all affordable housing projects are as follows.
Neighborhood Meetings - The Housing Authority established a
steering committee for the Red Roof and Marolt sites at the
beginning of the process. They did not develop plans and
then present them to committee members, instead they spent
months discussing housing needs which could be addressed by
these sites. Then the Housing Authority held neighborhood
meetings/open houses to critic various concepts which had
been developed. After this public input the Housing
Authority submitted an application into the Planning Office.
Staff finds the result of this effort is an excellent
product (even though the program changed at conceptual).
Energy Conservation/Environmental Concern - The design team
understands the importance of long term affordability.
Solar orientation, insulation and weatherization techniques
used on this project should be models for all affordable
housing projects. Further, the selection of building
materials which do not use CFC's shows a concern for the
environment which seldom is seen in at this level of detail;
this should be a model for all affordable housing projects.
Automobile Disincentives - The Housing Authority is willing
to work with Council to achieve a more auto independent
community. Parking management, priority to non -driving
residents and van pools are disincentive measures that if
successful will reduce the impact of the automobile in the
Community.
RECOMMENDATION: P&Z and staff recommends approval with
conditions for the project plan alternative with 86 parking
spaces for the following:
Rezoning from GCS to Public for this 154,890 s.f. parcel,
1st Reading of Ordinance_, Series of 1989, attached;
Final PUD Review; and
GMQS Exemption for the construction of affordable housing.
Note: The approvals for Final PUD, GMQS Exemption and
Conditional Use (P&Z action) are conditioned upon rezoning.
Rezoning will not be complete until 2nd Reading which will occur
during Council's July 24th meeting. The Housing Authority's
construction schedule is designed to provide finished units this
ski season , that is if construction can begin in early July. At
tonight's meeting the Housing Authority will be prepared to
discuss construction schedule.
12
Conditions to be met prior to the issuance of a building permit.
1. Comply with the ACSD standards for connecting to the
District system and providing for the ACSD to take over
ownership and maintenance of the sewer line at the Aspen
Greens.
2. Provide the Planning Office with revised drawings for the 86
parking space alternative, landscape plan, drainage plan,
site plan.
Provide the Planning Office with the dimensional
J requirements information for the project.
--41—�The applicant shall provide covered bike storage.
- The applicant shall commit to plowing the bike path from the
golf course drive to Cemetery Lane.
6. The applicant shall provide the Engineering Department with
a plat which depicts the applicable information required by
Section 7-1004 (D) (1) (a) (3) and (D) (2) (a) .
7. The applicant shall provide, to the satisfaction of the
Environmental Health Department, a drainage plan which keeps
automobile pollutants from entering the irrigation ditch
system.
Conditions to be addressed as part of project
operation/management.
1. The applicant shall survey the parking management/auto
disincentive measures employed for this project, on an
annual basis, to determine if the program is working. If it
is not working, then return to the P&Z and Council to
increase the number of parking spaces.
2. The applicant shall not construct any permanent facilities
on the location of the west parking lot. This parking lot
was removed to pursue auto disincentives and must remain an
option for future parking expansion, if necessary.
3. The applicant shall continue to work with CDOH and perhaps
RFTA (HOV) to pursue a satisfactory resolution of the SH 82
intersection problem. The Housing Authority has $40,000
programed for this effort.
4. The applicant shall work with the CDOH to provide a safe
pedestrian crossing of SH 82 at the entrance to the project.
The ultimate solution may require a traffic signal or
pedestrian underpass or both.
13
5. The applicant shall work with Jim Duke to provide recycling
containers on -site.
PROPOSED MOTION: I move to approve Ordinance _, Series of 1989
Rezoning Lot 2 of the Aspen Golf Course Subdivision from GCS
(Golf Course Support) to PUB (Public). I move to approve with
the above conditions GMQS Exemption for the construction of
affordable housing and Final PUD.
CITY MANAGER COMMENTS:
aspen.greens.final.pud.cc
14
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CONCEpP'TUAL PUQ
Fl♦ lllLf SUBMISSION
Exhibit 1
Exhibit 2
Exhibit 3
Referrals
ASPEN WATER DEPARTMENT
TO: Tom Baker
FROM: Jim Markalunas
SUBJECT: Red Roof Inn PUD Final lat
DATE: 6/6/89
------------------------------ ---- -----------------------------
We have reviewed the ap lic tion for water service and it appears the
applicant intends to extend th 6" main easterly as referred on pg. 3 of the
drawings. Although there still remains some details to be worked out as to
the exact location and configuration of the water utility line, we can advise
you at this time, that there is sufficient capacity to service the facility.
cc: The Stevens Group
Banner Assoc.
Aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601
.iune 12, 1989
Tom Baker, Acting Director
Planning Department
130 S. Galena
Aspen, CO 81611
Re: Red Roof Inn PUD Final Plat
Dear Tom:
Tele. (303) 925-2537
The applicant's engineer states in exhibit 7 of the application
that he is in the process of working with us in order to design
the new line that wil service this project. So far we haven't
seen any plans for the required new line.
Our understanding with the applicant is that
built to District standards, the appropriate
granted to the District, and ownership will
District for that portion of the line which is
by the District. If these conditions could be
the resolution approving the project then
approval without waiting to review the "work in
Sincerely,
Br C2 Ma' her''Y
District Manager
a new line will be
easements will be
be granted to the
to be maintained
incorporated into
we can expedite
progress".
J11 2
MEMORANDUM
TO: Tom Baker, Planning Office
FROM: Jim Gibbard, Engineering Department �U
DATE: June 5, 1989
RE: Red Roof Inn PUD Final Plat
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
1. The drainage plan which has been submitted is acceptable,
however, Environmental Health should comment on the grease traps
that are proposed to be installed on the outflow of the proposed
detention ponds.
2. The applicant needs to submit more detailed plans regarding
the parking managing plan and a plan as to the schedule for the
proposed van pool service. It should be noted that the State
Highway Department contacted the Engineering Department and
informed us that they are concerned about a change of use of
access to this development from Highway 82.
3. Prior to issuance of a building permit, the applicant needs to
submit a plat to the Engineering Department that includes any
applicable information required by sec. 24 art. 7-1004 (D) (1)
(a) (3) and (D) (2) (a) of Municipal Code.
jg/Redroof
cc: Chuck Roth
JUN 1 2
MEMORANDUM
ft
City Attorney
City Engineer
Aspen Water
Aspen Consolidated
2-
Fire Marshall
T
Tom Baker., Planning Department
RE:
Red Roof Inn PUD Final Plat
Parcel ID # 2735-122-00-002
DATE:
May 22, 1989
------------------------ ------- -------------
Attached for your review and comments is an application for the
Red Roof Inn PUD Final Plat, submitted by Tom Stevens of the
Stevens Group, on behalf of the Aspen/Pitkin County Housing
Authority.
Please review this material and return your comments no later
than June 12, 1989, so I may have time to prepare for the P&Z.
Thank you.
4
l�� YA1 �-
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Tom Baker, Planning Office
RE: Final PUD: Aspen Greens
DATE: June 15, 1989
APPLICANT: The Aspen/Pitkin County Housing Authority (APCHA).
REQUEST: There are several areas of review for this application.
Conceptual PUD (the Public zone is a mandatory PUD), Rezoning
(from GCS to Public) Conditional Use (affordable housing), Final
PUD, Special Use Review for Parking and GMQS Exemption. P&Z has
recommended and City Council has granted Conceptual PUD approval
for this project. Both P&Z and Council have reviewed the
application for Rezoning and Conditional Use approval; however,
formal action will not be taken on these areas of review until
Final PUD. This memorandum will address GMQS Exemption, Special
Review for parking and Final PUD.
PROGRAM DESCRIPTION: Both P&Z and Council are aware that the
program for this affordable housing project has changed since the
original concept plan was developed, (see Exhibits 1 & 2).
Originally the concept was to house seasonal employees in the
winter and MAA students in the summer. The current plan is to
house permanent employees. This change was made after Conceptual
review by P&Z, but before the Council's Conceptual review. The
change in program caused the design team to redesign the project
in a manner more suited to permanent housing. The current
proposal provides 38 two bedroom and 8 studio apartments with a
total of 84 bedrooms. The unit mix and type are described in
table 1.
TABLE 1
PROGRAM DESCRIPTION/RENTAL RATES
SQUARE
MONTHLY
RENT/
QUANTITY
UNIT TYPE
FEET
RENT
SF
4
Studio
308
$275
.89
4
Studio
413
369
.89
17
2 BR
694
619
.89
2
2 BR
700
625
.89
2
2 BR
854
780
17
2 BR
897
801
.89
.89
Area and Bulk - The project consists of two buildings. The west
building contains 20 two bedroom and four studio units which
total 15,856 s.f. The east building contains 18 two bedroom and
four *tudio units which total 17,459 s.f. Total square footage
for the project is 33,315 s.f. (pp. 16, 17 of the proposal give a
detailed accounting of building square footage). The total
footprint of the two buildings equals 14,706 s.f. Building
height to the peak of the tallest portion of the buildings is
just over 29 feet.
Design and Site Improvements - The buildings are designed to be
energy and cost efficient and the design can be stick built or
modular. The buildings are located on the site in a linear
fashion which undulates to break-up the perceived mass.
The landscape plan provides for beaming and plantings along the
north boundary of the property (9th fairway) which will help
screen the project from the golf course. Further, small open
space pockets occur on each end of the project and in the middle.
The middle open space pocket has a children's play area and
outdoor grill.
Energy Conservation - A substantial amount of thought and design
effort has gone into addressing energy and environmental
concerns. Each apartment has south exposure. Building materials
have been selected which do not use CFCs. Insulation levels of
R-28 in the walls and R-40 in the roofs are used. Low-E glass is
utilized and all apartments will be weatherized with the use of a
blower door to achieve low infiltration rates. Finally,
apartments will be individually metered to provide incentives for
conservation.
Transportation - At Council's direction the applicant has
investigated methods of reducing the demand for parking. In
terms of parking, the applicant identifies a need of one space
per bedroom in the new project and .6 space per unit in the
existing facility for a total of 114 spaces. The application
proposed that the Housing Authority pursue a joint agreement with
the City of Aspen to lease off-season parking in the golf course
parking lot for winter residential needs and reduce on -site
parking to 86 spaces. The application identifies several
measures to off -set the need for parking.
1. The installation of pedestrian crossing signs and a
partial crosswalk at SH 82.
2. The installation and paving of a deceleration lane at
the entrance to the Golf Course.
3. Work with the CDOH to explore the installation of a
pedestrian crossing signal. In addition, the posted
speed limit could be reduced through this area.
4. The exploration of an on -site bicycle program.
2
5, The institution of a van pool program in cooperation
with RFTA.
6. The institution of a parking sticker/management program
which charges a monthly fee for parking and gives
priority to residences applying for leases which do not
own cars.
In addition, RFTA provides frequent service to this site as part
of the Snowmass, Down Valley and Airport Shuttle services (the
Airport Shuttle service will be extended throughout the summer.)
Drainage - The applicant has amended the original drainage plan
so that parking lot runoff enters a drain fitted with a grease
trap and piped to either a dry well or to the existing golf
course irrigation ditch system.
Development Schedule - Site construction is scheduled to begin
July 11; building construction July 18; and completion December
15, 1989.
REFERRAL AGENCY COMMENTS: All referral agency comments are
compiled as Exhibit 3.
Fire Marshall - Good project, no comment.
Water Department - There is sufficient capacity to serve this
project. The 6" main shall be extended by the applicant as
illustrated on pg. 3 of the drawings.
Aspen Consolidated Sanitation District - If project approval is
conditioned upon building a new line to District standards with
the appropriate easements granted to the District and ownership
granted to the District for that portion which is to be
maintained by the District, then the ACSD concerns are met.
Engineering Department - The drainage plan is acceptable, but
Environmental Health should comment on the grease traps.
There is inadequate information on the parking management plan
and van shuttle service.
The CDOH contacted the Engineering Department and indicated that
they were concerned about change of use of access to this
development.
Prior to the issuance of a building permit, the applicant needs
to submit a plat to the Engineering Department that includes any
applicable information required by Sec. 24, Art. 7-
1004 (D) (1) (a) (3) and (D) (2) (a) of the Municipal Code.
3
STAFF COMMENTS: The areas of review which apply to this phase of
the process are GMQS Exemption, Special Review for parking and
Final PUD.
GMQS Exemption - Sec. 8-104(C)(1)(c) states that
if ..Development which may be exempted by the City
Council shall be as follows .... c. Affordable Housing.
All housing deed restricted in accordance with the
housing guidelines of the City Council and its housing
Designee.
The review of any request for exemption of housing
pursuant to this section shall include a determination
of the City's need for such housing, considering the
proposed development's compliance with an adopted
housing plan, the number of dwelling units proposed and
their location, the type of dwelling unit proposed,
specifically regarding the number of bedrooms in each
unit, the rental/sale mix of the proposed development,
and the proposed price categories to which the dwelling
units are to be restricted.
Response - This proposal is consistent with the Affordable
Housing Production Plan (Draft). The Plan identifies this site
for affordable housing. The rental price is in the moderate
income range and the unit mix is a direct response to steering
committee desires with the approval of City Council.
Special Review - Off -Street Parking - Sec. 7-404(B)(2) states
"...the applicant shall demonstrate that the parking
needs of the residents, guests and employees of the
project have been met, talking into account potential
uses of the parcel, its proximity to mass transit
routes and the downtown area, and any special services,
such vans, provided for residents, guests and
employees."
Response - Council gave the applicant direction to minimize the
use of the automobile and the number of parking spaces as much as
possible. The Council feels very strongly that the City's
affordable housing projects should be examples for managing the
automobile.
As was stated earlier, the applicant projected a need for 114
parking spaces (1/bedroom for the new development and .6/room for
the existing facility). The applicant would like P&Z and Council
to consider reducing the on -site parking from 114 to 86. This
would eliminate the need for the parking lot west of building one
and could be used for basketball, volleyball and additional
landscaping.
l
4
In order to make the 86 space parking plan work the applicant
proposes the following management plan.
Priority Rental to Non -Drivers - During the lease
application period applicants without cars will have
priority for housing in this project. Further, parking
stickers/permits will be issued to residents with cars and
will be charged a monthly fee in addition to their rent.
Shuttle Service/Van Pool - The applicant proposes to
participate in RFTA's van pool program. Van(s) will be
leased from RFTA for a monthly fee and be operated by
residents of this project. The RFTA lease will include
maintenance, insurance and gas. This van service will be in
addition to the existing RFTA service on SH 82.
Staff finds that the applicant has responded to Council's desires
and finds that this kind of management approach will demonstrate
the potential of reducing automobile use in the Community. Staff
would urge both P&Z and Council to approve the 86 parking space
option and require the applicant to audit the parking situation
on an annual basis. The results of this audit will provide
future projects with valuable information about automobile use.
The applicant has proposed non -permanent facilities on the
location of the west parking lot, this will provide the project
with a safety valve for the provision of future parking should
the need become apparent.
Final PUD - Sec. 7-903(B) lists review standards for PUD. Many
of these review standards have been addressed in Conceptual or
previously in this memorandum, therefore, staff will summarize
where appropriate.
1. General Requirements.
a. The proposed development shall be consistent
with the Aspen Area Comprehensive Plan. The
Affordable Housing Production Plan identifies
this site as appropriate for affordable
housing. The State Highway 82 Corridor
Master Plan identifies this site as part of
the Scenic Foreground. The purpose of a
Scenic Foreground is to steer development
away from highly visible sites and to
minimize the visual impacts of the limited
development which may occur in the foreground
so as to obtain an aesthetically pleasing
rural approach to Aspen. The proposed site
is in the Scenic Foreground, but it is
screened from SH 82 by the existing Red Roof
Inn and a large stand of cottonwoods on the
east side of the site. This screening
5
effectively minimizes the visual impact of
-- the development. The Applicant shall be
required to demonstrate that the proposed
structures do not extend above the height of
the existing structure, as viewed from SH 82.
b. The proposed development shall be consistent
with the character of existing land uses in
the surrounding area. The zone districts
which surround this site are Park in the City
and R-30, AF-2 in the County. The reason the
PUB zone district was selected is to ensure
that the parcel remains in the Community's
control. Further, the PUB zone district is a
community facility related zone district
which is compatible with land uses in the
area (golf course, affordable housing, pro
shop, residential uses across highway).
C. The proposed development shall not adversely
affect the future development of the sur-
rounding area. This project is an addition
to an existing facility which is surrounded
by a City owned golf course. No adverse
impact to future development is anticipated.
d. Final approval shall only be granted to the
development to the extent to which GMQS
allotments are obtained by the applicant.
The applicant is requesting GMQS Exemption
for the construction of affordable housing.
2. Density. Density is set by Conceptual and Final
Development Plan in the Public Zone. The issue of
density was discussed at Conceptual PUD. In
summary the density for this project is 27
units/acre (38 two bedroom and 8 studio units in
this proposal and 50 rooms in the existing
facility on a site of 3.56 ac. This density is
within the allowable density for free market
development in the R/MF zone. Further, the
project is surrounded with City owned open space
(Golf Course).
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 by the
underlying Zone District. Affordable housing is a
6
conditional use in the Public zone.
4. Dimensional Requirements. (DIMENSIONAL
REQUIREMENTS ARE SET BY CONCEPTUAL AND FINAL
DEVELOPMENT PLAN IN THE PUBLIC ZONE).
Parcel size
Existing building footprint
Proposed building footprint
Proposed roads and parking
Proposed open space
Existing floor area
Proposed floor area
Proposed FAR
Proposed Density
Proposed Dimensions
Minimum side yard
Minimum front yard
Minimum rear yard
154,890 s.f.
31,200 s.f.
14,706 s.f.
36,550 s.f.
27/ac Maximum
5 ft
5 ft
5 ft
The applicant shall provide information on dimensional
requirements at the P&Z meeting. Staff finds the project plan
acceptable, but need the above information for the PUD agreement.
5. Off-street parking. Off-street parking is set by
special review in the Public zone. This issue was
addressed earlier in this memorandum.
6. Open Space. The open space requirement is set by
special review. Staff finds the plan acceptable
and realizes that it will be enhanced if the west
parking lot is converted to open space.
7. Landscape Plan. There shall be approved as part
of the Final Development Plan a landscape plan,
which exhibits a well designed 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 finds the proposed landscape plan
adequate; however, the existing drawings
illustrate the 114 parking space plan. Adequate
landscape treatment shall also be given to the
area where parking is removed if the 86 parking
space plan is acceptable.
8. Architectural Site Plan. There shall be approved
as part of the Final Development Plan an architec-
tural site plan, which ensures architectural
consistency in the proposed development, architec-
tural character, building design, and the preser-
vation of the visual character of the City.
7
conditional use in the Public zone.
4. Dimensional Requirements. (DIMENSIONAL
REQUIREMENTS ARE SET BY CONCEPTUAL AND FINAL
DEVELOPMENT PLAN IN THE PUBLIC ZONE).
Parcel size
Existing building footprint
Proposed building footprint
Proposed roads and parking
Proposed open space
Existing floor area
Proposed floor area
Proposed FAR
Proposed Density
Proposed Dimensions
Minimum side yard
Minimum front yard
Minimum rear yard
154,890 s.f.
31,200 s.f.
14,706 s.f.
36,550 s.f.
27/ac Maximum
5 ft
5 ft
5 ft
The applicant shall provide information on dimensional
requirements at the P&Z meeting. Staff finds the project plan
acceptable, but need the above information for the PUD agreement.
5. Off-street parking. Off-street parking is set by
special review in the Public zone. This issue was
addressed earlier in this memorandum.
6. Open Space. The open space requirement is set by
special review. Staff finds the plan acceptable
and realizes that it will be enhanced if the west
parking lot is converted to open space.
7. Landscape Plan. There shall be approved as part
of the Final Development Plan a landscape plan,
which exhibits a well designed 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 finds the proposed landscape plan
adequate; however, the existing drawings
illustrate the 114 parking space plan. Adequate
landscape treatment shall also be given to the
area where parking is removed if the 86 parking
space plan is acceptable.
8. Architectural Site Plan. There shall be approved
as part of the Final Development Plan an architec-
tural site plan, which ensures architectural
consistency in the proposed development, architec-
tural character, building design, and the preser-
vation of the visual character of the City.
7
Staff finds that the Architectural Site Plan meets
the standards of the Code and is a significant
improvement over the initial concepts that were
developed prior to the series of steering
committee/public meetings. The current proposal
minimizes the mass of the structures and provides
usable open space on the site.
9. Lighting. All lighting shall be arranged so as to
prevent direct glare or hazardous interference of
any kind to adjoining streets or lands.
The applicant has committed to low level
incandescent lights with down lit lenses.
10. Clustering. Clustering of dwelling units is
encouraged.
This standard competes with other goals of the
proposal and while the buildings are not
"Clustered" the intent of this section is
realized.
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 con-
structed, 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.
In terms of public facilities the referral
agencies have indicated only minor concerns
regarding water and sewer. Further, emergency
vehicle access and fire safety have been
addressed. The Engineering Department suggested
that Environmental Health review and comment on
the grease traps in the drainage system in order
to ensure that pollutants to not run-off into the
Golf Course irrigation system.
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. This
8
standard has been addressed.
b. Principal vehicular access points shall be
designed to permit smooth traffic flow with
controlled turning movement 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
Engineering Department is not satisfied with
the information provided in the traffic
analysis or with the information provided for
parking management.
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 or arterial roads shall be improved
so that they will not be adversely affected.
See above comments.
d. Every residential building shall not be
farther than sixty (601) feet from an access
roadway or drive providing vehicular access
to a public street. This standard has been
addressed.
e. All non-residential land uses 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. This standard has
been addressed.
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.
The Golf Course parking and street system
will be privately maintained.
The following are the conditions which Council directed the
applicant to address as part of the Final PUD submission.
1. Provide staff with a geotechnical study to determine the
impact of existing fill material on the proposed
development. This standard has been addressed in Exhibit 5
of the proposal.
Oj
2. Work with the CDOH and Engineering Department to develop a
detailed traffic study to determine the traffic impacts that
this proposal will have on SH 82 and develop an adequate
"interim" strategy until SH 82 is improved, (eg. traffic
light). At Council's conceptual review many concerns were
raised about the issue of SH 82. Council urged that the
applicant and staff work to develop a plan which reduced the
traffic generation impact of the project and therefore the
need for intersection improvements.
The applicant has committed to a parking management program
and van pool program. Further, the applicant has indicated
to staff in a phone conversation that $40,000 is available
for improvements to the SH 82 intersection. Perhaps this
money can be combined with RFTA's HOV funds to develop
adequate intersection improvements.
3. Provide a plan for plowing the trail along the golf course
in the winter to encourage winter bike riding as a way of
commuting into town. The applicant requests that the P&z
and Council reconsider this condition because of its impact
on cross country skiing. Staff finds that plowing this path
will have little impact on cross country skiing because the
golf course is utilized for skiing and not the trail. Staff
finds that a plowed trail provides an attractive route for
pedestrians and bicyclists.
4. Develop a detailed Transit Plan in cooperation with MAA and
RFTA. Suggested elements of this plan include free transit,
safe crossing of SH 82 or a RFTA turn around on the site,
provision of a covered bike rack(s) and provision of a fleet
of bikes for use by MAA students and other residents.
During conceptual review Council directed the applicant to
implement auto disincentives and the applicant has
responded. Staff finds the van pool concept a good one and
would like the applicant to explain how it would work for
MAA students. Perhaps a small fleet of bicycles could be
made available for seasonal residents.
5. Comply with the ACSD standards for connecting to the
District system and providing for the ACSD to take over
ownership and maintenance of the sewer line at the Aspen
Greens. The applicant indicates that exhibit 7 outlines the
sewer service plan. This exhibit was reviewed by ACSD and
found to be incomplete.
6. Provide a fire hydrant at the turnaround as requested by the
Fire Marshal. This condition has been addressed.
7. The structures shall be sprinkled with a residential system
and be equipped with an automatic fire alarm system capable
of notifying all occupants of a pending problem, to the
10
satisfaction of the Fire Marshal. This condition has been
addressed.
8. The Land Use Code allows for 8 people in a dormitory unit.
The Applicant should be aware that the current proposal does
not meet this requirement. Since this is only Conceptual
review staff has not taken issue with this design concern,
but the Applicant should make the appropriate design change
in the Final Application. This condition no longer applies.
9. Provide basketball and volleyball in conjunction with the
tennis facilities. The 86 parking space plan will address
this condition.
10. Change the name of the project to something which does not
use the word Aspen. The applicant will rename the project.
11. The Applicant shall undertake a wage survey to provide the
P&Z with information which will be used to determine whether
or not the proposed rents are affordable. Council deleted
this condition.
12. The P&Z is aware that since P&Z's Conceptual review the City
Council has changed the program for this proposal from a mix
of seasonal and permanent housing to all permanent housing.
Therefore, the applicant must be prepared to address program
aspects of this proposal which the P&Z dealt with at
Conceptual during Final PUD, if the P&Z deems it necessary.
This condition has been addressed, in large part. Staff
requires that the applicant provide us with dimensional
requirements for the project so that zoning and building
checks will be less confusing.
CONCLUSION: The Housing Authority has developed a process and
project which should be replicated by all affordable housing
projects. The aspects of this project which staff would like
incorporated into all affordable housing projects are as follows.
Neighborhood Meetings - The Housing Authority established a
steering committee for the Red Roof and Marolt sites at the
beginning of the process. They did not develop plans and
then present them to committee members, instead they spent
months discussing housing needs which could be addressed by
these sites. Then the Housing Authority held neighborhood
meetings/open houses to critic various concepts which had
been developed. After this public input the Housing
Authority submitted an application into the Planning Office.
Staff finds the result of this effort is an excellent
product (even though the program changed at conceptual).
Energy Conservation/Environmental Concern - The design team
understands the importance of long term affordability.
11
Solar orientation, insulation and weatherization techniques
used on this project should be models for all affordable
housing projects. Further, the selection of building
materials which do not use CFC's shows a concern for the
environment which seldom is seen in at this level of detail;
this should be a model for all affordable housing projects.
Automobile Disincentives - The Housing Authority is willing
to work with Council to achieve a more auto independent
community. Parking management, priority to non -driving
residents and van pools are disincentive measures that if
successful will reduce the impact of the automobile in the
Community.
RECOMMENDATION: Staff recommends approval with conditions for
the project plan alternative with 86 parking spaces for the
following:
Rezoning from GCS to Public for this 154,890 s.f. parcel;
Conditional Use for affordable housing in the Public zone;
Special Use Review for the 86 parking space plan;
Final PUD Review; and
GMQS Exemption for the construction of affordable housing
(this is a Council action only).
Conditions to be met prior to the issuance of a building permit.
1. Comply with the ACSD standards for connecting to the
District system and providing for the ACSD to take over
ownership and maintenance of the sewer line at the Aspen
Greens.
2. Provide the Planning Office with revised drawings for the 86
parking space alternative, landscape plan, drainage plan,
site plan.
3. Provide the Planning Office with the dimensional
requirements information for the project.
�4. The applicant shall commit to providing a small bike fleet
for seasonal residents.
5. The applicant shall commit to plowing the bike path from the
golf course drive to Cemetery Lane.
6. The applicant shall provide the Engineering Department with
a plat which depicts the applicable information required by
Section 7-1004 (D) (1) (a) (3) and (D) (2) (a) .
12
Conditions to be addressed as part of project
operation/management.
1. The applicant shall survey the parking management/auto
disincentive measures employed for this project to determine
if the program is working. If it is not working, then
return to the P&Z and Council to increase the number of
parking spaces.
2. The applicant shall not construct any permanent facilities
on the location of the west parking lot. This parking lot
was removed to pursue auto disincentives and must remain an
option for future parking expansion, if necessary.
3. The applicant shall continue to work with CDOH and perhaps
RFTA (HOV) to pursue a satisfactory resolution of the SH 82
intersection problem. The Housing Authority has $40,000
programed for this effort.
4. ' / The applicant shall work with the CDOH to provide a safe
�pedestrian crossing of SH 82 at the entrance to the project.
aspen.greens.final.pud.pz
13
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PUBLIC NOTICE
RE: RED ROOF INN AFFORDABLE HOUSING FINAL PUD, REZONING,
CONDITIONAL USE, SPECIAL REVIEW AND GMQS EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
June 20, 1989 at a meeting to begin at 4:30 P.M. before the Aspen
Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South
Galena Street, Aspen, CO 81611 to consider an application
submitted by the Aspen/Pitkin Housing Authority requesting Final
PUD approval in order to construct affordable housing. The
applicant is also requesting rezoning of the 154,890 square foot
parcel from Golf Course Support zone to Public (PUB) zone,
Conditional Use approval for affordable housing in the PUB zone,
Special Use Review for off-street parking and GMQS Exemption for
affordable housing. The applicant proposes to construct low
income housing, consisting of 38 two bedroom apartments and 8
studio apartment (a total of 84 bedrooms) located in 4 buildings
totaling 28,532 square feet of floor area, adjacent to the
existing Red Roof Inn on Highway 82 on the Aspen Golf Course.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 81611 (303) 920-5090.
s/C. Welton Anderson, Chairman
Aspen Planning and Zoning Commission
Published in The Aspen Times on June 1, 1989.
City of Aspen Account.
f
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
May 23, 1989
Tom Stevens
The Stevens Group
230 E. Hopkins Avenue
Aspen, Colorado 81611
RE: Red Roof Inn PUD Final Plat
Dear Tom,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled this application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
June 20, 1989 at a meeting to begin at 4:30 p.m. The Friday
before the meeting date, we will call to inform you that a copy
of the memo pertaining to your application is available at the
Planning Office.
Notice of the public hearing must be mailed to adjacent property
owners and a sign posted on the property.
If you have any questions, please call Tom Baker, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
cc: Jim Adamski, Housing Director
MEMORANDUM
TO: City Attorney
City Engineer
Aspen Water
Aspen Consolidated
Fire Marshall
FROM: Tom Baker, Planning Department
RE: Red Roof Inn PUD Final Plat
Parcel ID # 2735-122-00-002
DATE: May 22, 1989
---------------------------------------------------------------
---------------------------------------------------------------
Attached for your review and comments is an application for the
Red Roof Inn PUD Final Plat, submitted by Tom Stevens of the
Stevens Group, on behalf of the Aspen/Pitkin County Housing
Authority.
Please review this material and return your comments no later
than June 12, 1989, so I may have time to prepare for the P&Z.
Thank you.
Exhibit 3
Referrals
MEMORANDUM
City Attorney
City Engineer
Aspen Water
Aspen Consolidated
Fire Marshall
C
Tom Baker, Planning Department
RE:. Red Roof Inn PUD Final Plat
Parcel ID # 2735-122-00-002
DATE: May 22, 1989
Attached for your review and comments is an application for the
Red Roof Inn PUD Final Plat, submitted by Tom Stevens of the
Stevens Group, on behalf of the Aspen/Pitkin County Housin(
Authority.
Please review this material and return your comments no late:
than June 12, 1989, so T may have time to prepare for the PSZ.
Thank you.
ASPEN WATER DEPARTMENT
TO: Tom Baker
FROM: Jim Markalunas
SUBJECT: Red Roof Inn PUD Final lat
DATE: 6/6/89
------------------------------ -----LL-----------------------------
We have reviewed the ap lic tion for water service and it appears the
applicant intends to extend the 6" main easterly as referred on pg. 3 of the
drawings. Although there still remains some details to be worked out as to
the exact location and configuration of the water utility line, we can advise
you at this time, that there is sufficient capacity to service the facility.
cc: The Stevens Group
Banner Assoc.
Aspen consolidated Sanitation District
_ 565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601
June 12, 1989
Tom Baker, Acting Director
Planning Department
130 S. Galena
Aspen, CO 81611
Re: Red Roof Inn PUD Final Plat
Dear Tom:
Tele. (303) 925-2537
The applicant's engineer states in exhibit 7 of the application
that he is in the process of working with us in order to design
the new line that will service this project. So far we haven't
seen any plans for the required new line.
Our understanding with the applicant is that a new line will be
built to District standards, the appropriate easements will be
granted to the District, and ownership will be granted to the
District for that portion of the line which is to be maintained
by the District. If these conditions could be incorporated into
the resolution approving the project then we can expedite
approval without waiting to review the "work in progress".
Sincerely,
Bruce Ma'herly
District Manager
q��
12
MEMORANDUM
TO: Tom Baker, Planning Office
FROM: Jim Gibbard, Engineering Department 4
DATE: June 5, 1989
RE: Red Roof Inn PUD Final Plat
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
1. The drainage plan which has been submitted is acceptable,
however, Environmental Health should comment on the grease traps
that are proposed to be installed on the outflow of the proposed
detention ponds.
2. The applicant needs to submit more detailed plans regarding
the parking managing plan and a plan as to the schedule for the
proposed van pool service. It should be noted that the State
Highway Department contacted the Engineering Department and
informed us that they are concerned about a change of use of
access to this development from Highway 82.
3. Prior to issuance of a building permit, the applicant needs to
submit a plat to the Engineering Department that includes any
applicable information required by sec. 24 art. 7-1004 (D) (1)
(a) (3) and (D) (2) (a) of Municipal Code.
jg/Redroof
cc: Chuck Roth
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alan Richman, Planning Office
RE: Gant Condominiums Rezoning
DATE: June 9, 1989
ISSUE: The Gant Condominiums, an existing multi -family
development, is a nonconforming use in the R-15 PUD zone
district. The homeowners would like to remove the stigma of
nonconformity from their property, in order to be able to make
some very minor improvements to the facilities. Since this is a
nonconforming use (that is, a use not allowed in the zone
district), no expansion of its square footage is permitted. The
Applicant requests rezoning to one of several zone districts or
amendment of the Code, allowing the requested changes to occur.
HISTORICAL PERSPECTIVE: The Gant was developed in the early
19701s, at a time when Aspen's zoning was undergoing great
changes. To the best of our knowledge, it was approved pursuant
to Ordinance 19, an interim zoning regulation in effect while the
City completed and the implemented the 1973 Aspen Land Use Plan.
The Gant is designated "mixed residential" on the 1973 Plan. The
purpose of the mixed residential land use designation is "To
allow for a mix of residential uses... and visitor accommodation
uses in areas where these conditions presently exist. Only
existing lodges should be considered for expansion in order to
provide additional guest rooms...".
While the 1975 rezoning intended to implement the 1973 Plan, it
can readily be seen that the R-15 designation for the Gant went a
step beyond the Plan, by prohibiting all expansion potential for
the facility. In this respect, the Gant's situation is most
similar to that which led to the class action taken in 1982 to
rezone all of our small, nonconforming lodges to LP. These
facilities had also become nonconforming uses in 1975 and had
lost their expansion potential. The result was the economic
stagnation and physical deterioration of a key segment of Aspen's
accommodations inventory.
The staff believes that the Gant's situation may be symptomatic
of several other older lodge/multi-family facilities in Aspen,
which will require our attention in the coming years. We
recommend that until a new Land Use Element is adopted our
approach to these uses be similar to that for LP lodges, which is
to view them as important resources, which should be supported,
provided their impacts on surrounding uses can be mitigated.
EXISTING SITUATION/PROPOSED IMPROVEMENTS: According to the
Applicant's submission, the property consists of approximately
240,588 square feet of land, with 157,763 sq. ft. of buildings.
It contains 143 dwelling units, of which 3 are for employees.
Approximately 115 to 120 of the units are rented short term.
There are a total of 305 bedrooms on the property, but only 105
parking spaces. The Gant is required to operate two vans,
pursuant to its original approval. Other hotel -type services
include front desk, reservations, bellman and conference
facilities. Building heights range from 25 to 45 feet, measured
to the midpoint of the roof.
The Applicant's proposed changes at this time are as follows:
1. Expand existing office by approximately 820 sq. ft;
2. Reconfigure existing arrival and departure area; and
3. Relocate 8 existing parking places.
The application also speaks to several other possible changes to
the project in future years, including the following:
4. Relocate check -in area to conference center building on Ute
Avenue and expand that facility. Change entry area
accordingly and convert existing office to employee housing
or free market dwelling unit;
5. Expand conference center operations to include liquor
license and small restaurant for Gant guests; and
6. Construct small tennis facility on south side of Ute Avenue
on tennis court property located on 1001 claim.
As noted previously, the Applicant's requests are quite modest.
In fact, items 2 and 3 are not prohibited by the property's
zoning. The items which are currently prohibited from even being
considered are those which expand its area or use.
ALTERNATIVES: The Applicant has gone to a great deal of effort
to identify a range of alternatives to resolve the property's
current zoning dilemma. The alternatives are as follows:
1. Amend Lodge Preservation (LP) zone district and rezone
property to LP.
2. Amend Lodge (L) Overly and rezone property to R-15 (L) PUD.
3. Rezone property Lodge/Tourist Residential (L/TR).
4. Create new zone district and rezone property accordingly.
2
5. Amend lodge preservation section of the Code (Sec. 9-105) to
permit small expansions of non -conforming uses.
We commend the Applicant for the thought which has gone into
looking at these alternatives. We believe that a successful
rezoning approach can be found among this list. We suggest that
in evaluating these alternatives, the following fundamental
criteria, adapted from the Code's review criteria, be considered:
* The extent to which the alternative is consistent with
adopted plans and current thinking for this
neighborhood.
* The extent to which the alternative will adversely
affect similarly situated properties or offer positive
or negative opportunities to such properties.
* Whether the alternative is the simplest, most direct
solution to the problem at hand.
Following is an explanation and analysis of each alternative.
Alternative 1: Amend Lodge Preservation (LP) zone district and
rezone property to LP.
Explanation: The LP zone district is intended to permit limited
expansion of what were previously nonconforming lodge properties.
The Gant does not conform to several of the existing LP zone
district requirements. Most significantly, the zone district
does not permit multi -family units. The Gant exceeds several of
the zone district's dimensional requirements and does not meet
its parking requirement.
Analysis: Many of the lodges now zoned LP do not meet the
district's underlying dimensional requirements. Therefore, it
would not be unusual for certain structural or parking
nonconformities to remain. If the Gant were rezoned to LP,
additions would be limited to those which do not increase its
nonconformity (for example, certain heights could not be
increased and parking would have to provided for new bedrooms).
The fundamental problem with this option is that multi -family
units were purposely excluded from the LP zone district and
should not be introduced at this time. The LP zone district is
intended -to preserve existing lodges. If we add multi -family
uses to this zone district, we are sure to see existing lodges
demolished and replaced with free market condominiums, which will
be held off the tourist market and used as second homes. This
type of proposal was recently made for the Bell Mountain Lodge
rezoning and was rejected. We strongly recommend not expanding
the LP zone district use list to include multi -family units.
3
Alternative 2: Amend Lodge (L) Overlay and rezone property to R-
15 (L) PUD.
Explanation: The (L) Overlay is a designation used in
conjunction with the R-15 zone district, making lodges a
conditional use, limited by the dimensional requirements of the
R-15 zone district. The only properties currently designated R-
15 (L) PUD are directly against Aspen Mountain, within Hadid's
Top of Mill site and adjacent to the Barbee/Mine Dumps lot, on
relatively steep lands bordered by detached residential uses.
Analysis: The Applicant contends that the Gant was designated
with an (L) Overlay subsequent to the 1975 rezoning, but is no
longer shown in this manner on the City's Official Zone District
Map. Staff review of zoning maps from the 1970's and 1980's
shows the property to have been consistently zoned R-15 PUD.
Because the (L) Overlay is limited by the R-15 dimensional
requirements, the Gant would still be nonconforming as to FAR if
we simply rezone it. Therefore, it would also be necessary to
change this limit in the (L) Overlay to permit a much greater
FAR, such as 0.75:1. We do not recommend this amendment to the
(L) Overlay, because of its potential effect on other properties
now covered by this designation.
One option which might be considering would be to establish a
limited FAR by right in the (L) Overlay (0.25.1?), increasable to
0.75:1 or even 1:1 by P&Z review. While this could have the
effect of substantially increasing the buildout potential of the
Aspen Mountain properties, it may be no more than a recognition
that a lodge cannot be built at R-15 densities, explaining why we
have seen rezoning requests in every prior development plan for
these lands. This option is not ideal, since it is a less
direct, more difficult approach to resolving the problem than may
be needed.
Alternative 3: Rezone property Lodge/Tourist Residential (L/TR).
Explanation: The L/TR zone district, which was created out of
the L-1 and L-2 zone districts, permits both lodges and multi-
family units. It has an allowable external FAR of 1:1. The Gant
would be a conforming use in this zone district, with significant
expansion potential.
Analysis: Rezoning the Gant to L/TR would be inconsistent with
adopted plans for this area. The 1973 Plan and current zoning
map show the lodge district ending at Original Street. Further,
the 1982 Short Term Accommodations Report suggests that rezonings
to permit additional tourist accommodations not be supported.
Instead, actions to preserve and enhance the existing inventory
were recommended.
4
If this property were rezoned L/TR, surrounding properties might
request L/TR or R/MF designation. These properties, now zoned
either R-6 or R-15 include the following: Clarendon, Midland,
Little Nell and Black Swan Condominiums. Because of potential
effect on other properties, we do not recommend rezoning this
property L/TR prior to completion of the Land Use Element.
Alternative 4: Create new zone district and rezone this property
accordingly.
Explanation: Since the LP zone district is not intended for
multi -family uses, another option might be to create a
"Residential Preservation" zone district which addresses such
uses, while also permitting the tourist amenities found
at/proposed for the Gant.
Analysis: We have not given this alternative a great deal of
attention. If there were no other way to resolve this property's
dilemma, we might have no choice but to support this approach.
It will be the most time consuming to implement and may be much
more solution than we need for this limited problem. We
recommend that this option be considered a last resort, to be
implemented only if a simpler solution is unavailable.
Alternative 5: Amend lodge preservation section of the Code
(Sec. 9-105) to permit small expansions of non -conforming uses.
Explanation: Section 9-105 of the Aspen Land Use Regulations,
"Lodge and Hotel Preservation", was initially adopted about 1980,
before the City enacted the class action rezoning of
nonconforming lodges to LP. This provision, shown in the
attachment labeled "Existing Language", was intended to permit
restoration of nonconforming lodges, provided there was no
expansion of floor area or lodge units. Expansion for employee
housing was permitted, subject to conditional use review by P&Z.
The reason this provision was not entirely successful was its
limit on expansion of FAR and units. While this Section did not
go far enough for the owners of the lodges, it may work for the
Gant, if amended. We suggest that Subsection B be amended to
also permit expansion of the "non -unit space" (defined as that
area within the lodge which is commonly shared, such as lobbies,
hallways, stairways, recreational areas and dining rooms). The
expansion would have to also meet the following criteria:
* The total size of the facility could not be expanded by more
than 10% of its existing floor area or 2,500 sq. ft.,
whichever is less, in a one-time or cumulative expansion.
* The property's resulting FAR would have to be equal or less
than 1:1 (1:1 is the maximum FAR allowed on lodge parcels).
5
* Viere could be no expansion in the size of rooms or the
number of units. However, the new space could be used for
rooms if an equal amount of existing square footage in rooms
is converted to non -unit space.
I have discussed this approach with the Applicant's
representative, who concurs that it meets the Gant's needs. It
is the simplest approach we can identify. It would seem most
reasonable to have the expansion be subject to special review by
P&Z, since expansion of a lodge in the LP zone district carries
this same requirement. However, this is a minor requirement as
compared to many other review procedures. Furthermore, because
of the very limited extent of the applicant's current requests (#
1 through 3 on page 1 of this memo), P&Z can grant the necessary
Special Review approval to the Gant, subject to the following:
1. The attached Code Amendment shall be approved by Council
prior to the issuance of a building permit for the office
expansion.
2. An amended condominium plat shall be recorded showing the
changes made to the project.
3. The applicant shall agree to join any future improvement
district affecting the property.
4. An insubstantial PUD amendment shall be processed by the
Planning Office staff for the subject application.
This will save the applicant from making a return visit to P&Z.
RECOMMENDATIONS: That P&Z recommend that Council amend Section
9-105 of the Aspen Land Use Regulations, as shown on the
attachment labeled "Proposed Amendment.
That P&Z grant special review approval to the Gant Condominiums
to expand its office space by approximately 820 square feet,
subject to the four conditions listed above.
pzgant
0
EXISTING LANGUAGE
Sec. 9-105. Lodge and hotel preservation.
All lodge and hotel uses and structures that are lawfully
established at the time of adoption of this chapter or an
amendment which would be considered to make the lodge or hotel a
nonconforming use or structure under this chapter are hereby
declared to be conforming and not subject to the provisions of
this article as long as the following standards and requirements
are met.
A. Demolition or destruction.
1. Ability to restore. Any nonconforming lodge or
hotel which is demolished or destroyed to the
extent of less than seventy-five (75%) percent of
the floor area or exterior wall area of the entire
structure may be restored as of right if a
building permit for reconstruction shall be issued
within twelve (12) months of the date of demoli-
tion. Any nonconforming lodge or hotel which is
demolished or destroyed to the extent of seventy-
five (75%) percent or more of the floor area or
exterior wall area of the entire structure shall
meet the dimensional requirements of the underly-
ing Zone District.
2. Non -willful destruction. Any nonconforming lodge
or hotel which is demolished or destroyed by an
act of God or through any manner not willfully
accomplished by the owner may be restored as of
right, regardless of the extent of demolition or
destruction, if a building permit for reconstruc-
tion shall be issued within twenty-four (24)
months of the date of demolition or destruction.
B. Increase in units or size. There shall be no increase
in the number of units in the lodge or hotel, or the
total square footage in the lodge or hotel, unless the
enlargement is for the purpose of constructing deed
restricted employee housing units accessory to the
principal use.
C. Construction of employee housing. The enlargement of
the lodge or hotel for the purpose of constructing
employee housing shall be reviewed and considered as a
Development Application for a conditional use pursuant
to Art. 7, Div. 3. In determining whether to approve,
approve with conditions, or disapprove the application,
the Commission shall ensure all the following standards
and requirements are met.
r
1. There is no increase in lodge or hotel units.
2. The proposed employee housing units are in
compliance with the adopted housing plan, and
specifically the need for seasonal employee rooms.
3. The construction quality and unit size of the
proposed employee housing units meet the standards
of the City's housing designee.
4. There are adequate public facilities to serve the
proposed development, and off-street parking is
provided pursuant to Art. 5, Div. 3.
5. The proposed employee housing is compatible with
surrounding land uses and the dimensional require-
ments of the underlying Zone District.
6. The proposed employee housing is deed restricted
to the employee rental guidelines, and against
commercial rental or sale. In the event the lodge
is condominiumized, the deed restricted units must
be retained as a portion of the common elements of
the lodge or hotel.
7. The proposed employee housing receives health,
safety and fire inspection and commitments are
made to comply with the results of said inspec-
tion.
8. The deed restricted employee housing units are
limited in their rental solely to employees of the
lodge or hotel, and shall not be rented to other
employees of the City nor rented on the open
market.
9. The expansion may be in rental rooms, provided an
equal amount of existing square footage of space
is converted from rental rooms to deed restricted
employee housing units.
D. Abandonment. The intent of the owner notwithstanding,
when a lodge or hotel subject to this section is
discontinued or abandoned for twelve (12) consecutive
months, then the use may not be re-established or the
structure occupied, without conforming to the standards
and requirements of the underlying Zone District.
`.
v
PROPOSED AMENDMENT
B. Increase in units or size. There shall be no increase
in the number of units in the lodge or hotel, unless
the enlargement is for the purpose of constructing deed
restricted employee housing units accessory to the
principal use, consistent with the requirements of
Section 9-105 C.
gantamend
Enlargement of the square footage of a lodge or hotel
shall also be permitted if the expansion shall be for
the purpose of improving the facility's non -unit space.
The enlargement for the purpose of improving the
facility's non -unit space shall be reviewed and
considered as a Development Application for Special
Review, pursuant to Art. 7, Div 4. In determining
whether to approve, approve with conditions, or
disapprove the application, the Commission shall ensure
all the following standards and requirements are met.
1. The lodge or hotel shall not be expanded by more
than ten percent (10%) of its existing floor area
or two thousand -five hundred (2,500) square feet,
whichever is less. Enlargement which occurs in
phases shall not exceed these limits, measured on
a maximum cumulative basis.
2. The external floor area of the lodge or hotel
shall be equal to or less than 1:1 following the
enlargement.
3. The expansion may be in rental rooms, provided an
equal amount of existing square footage is
converted from rental rooms to non -unit space.
THE
EMPLOYEE
ASPEN
110'',
CONCEPTUAL F-,,U,,D
ARCHITECTURE
SumUp Architects, Ltd.
Box 1669
Basalt, Colorado 81627
303-927-3369
D EVE LC)?j 1 E N T
CONSULTANT'
SITE PLANNING:
GREENS
EXPANSION
SUBMISSION
The Stevens Group, Inc.
450 S. Galena, Suite 202
Aspen,olorado 81611
303-925-.671 7
ENGINEERING:
Banner Associates
605 E. Main
Aspen, Colorado 81611
303-925-5857
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Vicinity Map
SHEET INDEX
Sheet Title:
Existing Condition
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450 South C alen.a -
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Aspen, Colowdu 8161 1
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SHEET TITLE:
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SHEET NO.
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SHEET TITLE:
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SHEET NO.
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••
• •- BANNEAEVIEWED
• BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECT!
CHECKED BY 2777 CROSSROADS BOULEVARD • GRAND JUNCTION, CO 81506 • (303) 243-224:
• ' • " BANNER • 605 E. MAIN • SUITE 6 • ASPEN, CO 81611 • (303)925-585
EVISION I DATE
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BY I CK'D
F
9
PROPOSED UTILITIES
SCALE JOB NO DATE
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