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HomeMy WebLinkAboutLand Use Case.610 S West End St.0075.2012.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0075.2012.ASLU PARCEL ID NUMBERS 2737 182 67 800 PROJECTS ADDRESS 610 WEST END ST PLANNER JESSICA GARROW CASE DESCRIPTION PUD AMENDMENT THE GANT REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 2.7.13 CLOSED BY ANGELA SCOREY ON: 2.11.13 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: i f CJ GWl , Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, 4-�Zc�-e,Q , (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is J� attached hereto. \ Signat e The foregoing "Affidavit of Notice" was acknowledged before me this g day of 20_16 by PUBLIC NOTICE RE: USE DETERMINATION-THEGANT WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN to the general public of the approval of a use determination pertaining to the following legally described property:The Gant (� Subdivision,Aspen,CO,the property commonly known as The Gant,by order of the City of Aspen My commission expires: "-7`l`-%(✓'��( Community Development Director on January 31, 2013.For further information contact Jessica Gar- row,at the City of Aspen Community Development Dept.130 S.Galena St,Aspen,Colorado(970) 429-2780. s/City of Ashen Published in the Aspen Times Weekly on February Notary Public 7,2013. [8874788] IS ATTACHMENTS: ' COPY OF THE PUBLICATION _.. ING My Commission Expires 0312912094 ADMINISTRATIVE DETERMINATION RELATED TO THE PERMITTED USES AT THE GANT,610 S WEST END STREET, CITY OF ASPEN,COUNTY OF PITKIN, STATE OF COLORADO, PARCEL ID 2737-182-67-800 APPLICANT: The Gant Condominiums,Homeowners Association REPRESENTATIVE: Alan Richman,Richman Planning Services SUBJECT& SITE: The applicant has requested an Administrative Determination to clarify the permitted uses at The Gant Condominiums. The Gant is zoned R-15 (Moderate Density Residential)with a Lodge(L) and Planned Unit Development(PUD) Overlays. BACKGROUND AND PROJECT SUMMARY: The Gant is a multi-family residential development with the ability to include short-term nightly rentals. It is considered a"hybrid"residential and lodge project. Originally approved in the 1970s, it includes 143 units, three of which are affordable housing units. Approximately 120 of the units are regularly rented today, and have been throughout the history of the project. The Gant was originally zoned AR-1 (accommodations and recreation), which allowed both lodging and multi-family residential uses. Shortly after the project was completed, the City began a series of down-zonings in town, including at The Gant. It was rezoned to R-15 PUD, making the project non-conforming in terms of use and dimensions. The R-15 zone district did not, and does not today, allow multi- family residential uses or lodge uses. The dimensions are those of single-family and duplex homes,much smaller than the 143 unit Gant complex. In 1989, in an effort to remove the non-conformities, the City rezoned the property to R-15 with a Lodge (L) and PUD Overlays. This rezoning brought the multi-family residential and lodge uses into conformance through the Lodge Overlay, while the PUD Overlay memorialized the existing dimensions and brought the property into conformance. Any changes to dimensions require a PUD Amendment. Today the property remains zoned R-15 with Lodge and PUD Overlays. Throughout the history of this property, there has been some confusion on the City's part related to the allowed uses on the property. The project was originally approved at a time when many condominium hotel style properties were developed in Aspen. The original zoning (AR-1) allowed and encouraged both residential and accommodations uses, allowing multi-family dwelling units and lodge units. The zone district was eliminated after The Gant was approved, and The Gant was downzoned to R-15, which did not allow multi-family residential uses or lodging uses. This led to some confusion about what the permitted uses at The Gant actually are. RECEPTION#: 596658, 02/01/2013 at 11:07:28 AM, Gant Use Determination-Jan,2013 1 OF 2, R $16.00 Doc Code Page 1 of DETERMINATION Janice K.Vos Caudill, Pitkin County, CO Oo-757 • ?A V2,- AS L A ` � AJ iia, .IJJJJ File Edit Record hlavicIate Form Reports Format Tab Help v- ,a, Rout ing 5katus (Fees Fee Summary Main Ackians Attachrrenks)Routing Hiskvey (Valuation Archf Enq Custom Fie1� Sub P_ermiks Peru type aslu Aspen Land Use Permit# 0075.2012.ASLU Address 610 SOUTHWEST END ST Aptj5uite THE GANT HOA ASSOCIATION City ASPEN 5tate CO "" Z 81611 i Permit Information A' Master permit Routing queue aslu07 Applied 10t29f2012 Z Project Status pending Approved R I Description APPLICATION FOR LAND USE CASE THE GANT-PUD THE GANT CONDOS Issued ClosediFinal Submitted ALAN RICHMOND 9291125 Clock ,Running Days F70 i Expires 10f24l2013 5ubmitted via Owner Last name GANT CONDO ASSOCIATE First name 610 S M ST END ST ASPEN CO 81611 1 Phone (970)925-5000 Address F Applicant Owner is applicant? F�ContfacIof is applicant? �E Last name GANT CONDO ASSOCIATE`." First name 610 S WEST END ST ASPEN CO 81611 I Phone (970)925.5000 Cust# 26286 Address i Lender i Last name First name Phone ( Address r Displays the permit larder's address AspenGM5(server); angel as 50,114,l Today, a Hotel or Lodge is defined, in part, as "A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on-site management and reception services... occupancy periods of a hotel or unit thereof, by any one (1)person or entity with an ownership interest in the hotel or units thereof, shall not exceed thirty (30) consecutive days or exceed ninety (90) days within any calendar year, regardless of the form of ownership." A multi-family dwelling unit is defined, in part, as "A residential structure containing three (3) or more attached.Dwelling Units in either an over-and-under or side-by-side configuration with common unpierced demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off streetparking used by the occupants." The applicant has indicated that throughout The Gant's operational history it has had a "hybrid personality" in that it included residential occupants and lodging occupants. The residential aspect of The Gant is reflected in that some of the condominium owners occupy their units for more than 30 consecutive days or more than 90 days year round (and therefore do not meet the definition of lodge use in the code). The lodging aspect is reflected in that a majority of units (approximately 120 units) are actively rented on a short-term basis (meeting the definition of lodge). STAFF EVALUATION: Staff finds that The Gant is a multi-family residential project with the ability to rent units on a short-term basis. This is reflected in the zoning as well as the operational characteristics. The R- 15 zone district does not allow multi-family residential units nor does it allow a lodge. However, the Lodge (L) overlay allows both, therefore making both permitted uses. Throughout The Gant's 30-plus year history, it has operated as both a multi-family residential complex and as a lodging complex,and can continue to do so. DECISION: The Community Development Director finds The Gant is a multi-family residential project with the ability to rent units on a short-term basis. Both Lodge and Multi-Family Residential uses are permitted. APP VED BY: Chris Bendon, Community Development Director Date ACCEPTED BY: r Donnie Lee,Manager Date Gant Use Determination-Jan,2013 Page 2 of 2 .Sevve?� Fax 3613,44#", e4&u d4 91612 ;V.1f4"15;74x (9 70)924-1125 a�icicNCa..cCavo4a..cet October 26, 2012 Ms. Jessica Garrow, Long Range Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ADMINISTRATIVE DETERMINATION TO CLARIFY THE EXISTING LAND USE OF THE GANT CONDOMINIUMS Dear Jessica, This is an application submitted by the Homeowners Association of the Gant Condominiums (hereinafter, "the applicant") to clarify the existing land use of the Gant. The applicant has provided proof of the ownership of the property in the form of a letter from the Association's attorney (see Exhibit #1). The applicant has designated Alan Richman Planning Services Inc. as its authorized representative for this application (see Exhibit#2). Background The Gant is a 143 unit condominium lodging complex that is located at 610 South West End Street. Development of the project was approved by the City in 1973 pursuant to its original AR-1/PUD zoning but the property was downzoned to R-15/PUD shortly thereafter. In 1989 the City applied a Lodge (L) Overlay to the property. The Lodge Overlay (now known as LO) lists both hotel/lodge and free market multi-family housing as permitted uses. The applicant recently submitted a land use application proposing to remodel and expand the Conference Center building at the Gant. During the course of preparing this application, Donnie Lee, the Association's General Manager, and I met with you to discuss the process that would apply to that project. Ultimately staff decided that the application should be submitted as a PUD Amendment, since the property has a PUD Overlay applied to it and a PUD variation is needed to allow for the added floor area. Staff also requested that the applicant submit a companion application to the PUD amendment to clarify the existing land use at the Gant (see pre-application summary attached as Exhibit#3). Ms. Jessica Garrow October 26, 2012 Page Two Staff felt the use clarification was necessary because the records surrounding the original City approval of the Gant are not readily available. Subsequent land use applications submitted with regard to the Gant have addressed the need for variations of the property's dimensional standards but have not designated an allowed use or uses for the property. Use Clarification During our pre-application discussions both staff and the applicant have recognized that the Gant can be characterized as either a hotel/lodge or a multi-family housing project. In fact, the recently submitted land use application describes the Gant as follows: "The Gant is a project with a "hybrid personality" that could be considered to be either a multi-family residential complex or a tourist accommodations property. This hybrid personality is based on the fact that what the Gant is — a multi-family residential property with no restrictions on how the units may be occupied, and how the Gant operates — as a condominium lodge which serves guests throughout the year; are two different things." The purpose of this administrative determination is to clarify that the existing land uses at the Gant have this dual character and that the City considers both hotel/lodge and multi- family housing to be permitted uses of the property. • The residential aspect of the Gant is reflected in the fact that some owners of condominium units occupy those units for more than 30 consecutive days or more than 90 days per year, thereby exceeding the definition of a lodge unit in the Aspen Land Use Code. In fact, some owners occupy their unit year round. The owners purchased their units with the knowledge that the condominium documents and the City's regulations do not place any limits on the number of days per year and the number of consecutive days they can occupy their unit. • The tourist accommodations aspect of the Gant is reflected in the fact that the vast majority of the units in the complex are actively rented on a short term basis, with approximately 120 of its units being rented regularly throughout the year. The Conference Center building is an accessory use that also has this dual character. The building supports both the residential and the lodging activities at the Gant. The conference facilities provide meeting space for groups of guests who are staying at the Gant. The meeting space is also used from time to time by persons not staying at the Gant (including occasional use by the City Council and City departments) and it has also hosted weddings and similar types of celebrations. The recreation facilities in the building are an important amenity to condominium owners but are also enjoyed by the guests. The proposed market cafe and rooftop bar that are included in the PUD amendment application would also serve both the owners and their guests. Ms. Jessica Garrow October 26, 2012 Page Three Conclusion So, in summary, we believe that the most logical outcome of this use clarification is to designate the Gant's permitted uses as hotel/lodge and multi-family housing, both of which are permitted uses in the Lodge Overlay. To do otherwise would be to ignore the reality of how the complex has been occupied and how it has operated for nearly forty years. We look forward to the staffs consideration of this land use clarification and your determination that the Gant's permitted uses are lodge/hotel and multi-family housing. Please let me know if there is anything else that we can provide to you. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. AL Q0.1 Alan Richman, AICP * EXHIBIT#1 LAW OFFICES OF PAUL J. TADDUNE, P.C. PAUL J.TADDUNE AFFILIATED OFFICE 323 WEST MAIN STREET,SUITE 301 FOWLER,SCHIMrrRG&FLANAC.AN,P.C. /ASPEN,COLORADO 81611 1640 GRANT STREET,SUITE 300 TFLEPHONE (970)925-9190 DENVER,COLORADO 80203 TELEFAX (970)925-9199 TEI.EPI30NE (303)298-8603 INTERNET:taddune@compuserve.com TELEFAX (303)298-8748 October 12, 2012 Ms, Jessica Garrow, AICP Long Range Planner Aspen/Pitkin Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 Re: Application for Amendment to Planned Unit Development The Gant Condominiums Dear Jessica: Please be advised that this firm represents The Gant Condominium Association ("Association"). The Gant Condominiums("Project") is a condominium project created under the Colorado Condominium Act. The common elements of the Project are owned by all of the owners within the Project as tenants in common. Pursuant to the governing documentation for the Project, the Association is charged with the administration of the affairs of the Project,acting by and through its duly elected Board of Directors and Officers. Pursuant to the provisions of the condominium documentation for the Project, the Association is constituted as the attorney in fact for all of the owners of condominium units within the Project to make and process land use applications. The Board of Directors by its actions has authorized its General Manager,Mr.Donnie Lee, to act for and on its behalf in connection with the processing of the present land use application for amendment to the Gant's PUD. If you should need any further clarification or supplementation of this letter,please give me a call. Very truly yours, PAUL J. TADDUNE, P.C. Paul J. Taddune' - HT:nwe cc:Donnie Lee EXHIBIT #2 Ms. Jessica Garrow, Long Range Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR THE GANT LAND USE CLARIFICATION Dear Jessica, The Gant Condominium Association, Inc. hereby authorizes Alan Richman Planning Services, Inc. to submit an application for an administrative determination to clarify the status of the approved/existing land use at the Gant. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application please do so by calling me directly or by contacting Mr. Richman. Si erely, Gant Condominium Association, Inc. Donnie Lee, General Manager 610 West End Street Aspen, CO 81611 970-920-6070 EXHIBIT#3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 970-429-2780 DATE: 9.19.2012 PROJECT: The Gant Land Use Clarification APPLICANT: The Gant TYPE OF APPLICATION: Administrative Determination DESCRIPTION: The Gant and Staff are interested in clarifying the land use that exists at The Gant. A brief history, as researched by staff, is outlined below. The actual approved land use is a bit of a question, and as The Gant moves forward with remodels and additions, both Staff and the applicant are interested in clarifying what lad use(s) exist and what is approved. This clarification can be done through an Administrative Determination. Project History: The Gant was originally approved in 1973 with 143 total units, 3 of which were deed restricted affordable housing units. At the time it was zoned AR-1 with a PUD overlay. Staff was not able to find an original development plan as part of the original planning file. Because the property was approved with zoning that did not address dimensional requirements for the Lodge Use it essentially became a legally established non-conformity following the approval. In the 1980s, the applicant and staff were interested in cleaning up the zoning to recognize the lodge use on the property. A number of different options were considered, and it was determined that adding the Lodge Overlay made the most sense. In 1989, the property was rezoned to R-15 L PUD, Residential Moderate-Density with a Lodge and PUD Overlay. The Lodge Overlay (now LO) was applied in an effort to better memorialize the existing use on the property. However, the Lodge Overlay did not amend the non-conformity issue as it related to dimensional requirements. At the time, there was a portion of the non-conformities section of the code that enabled a lodge to increase its size as long as the enlargement did not exceed 2,500 square feet or result in a final floor area of more than 1:1. Based on a staff memo from 1989, the property is approximately 240,588 square feet in size, with improvements totaling approximately 157,763 square feet. As part of the rezoning, The Gant received approval through the non-conformities section of the code to increase its front office by 820 square feet. In 1997, The Gant underwent a remodel and expansion of the conference center. Because the non-conformities section of the code related to lodge expansion was eliminated the request was processed as a PUD Amendment. The expansion was for approximately 1,926 square feet. In 2002, a second PUD amendment was approved allowing the creation of a 60 square foot elevator. Below are links to the Land Use Application Form and Land use Code for your convenience. Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011%2Oland%20use%20app %20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning[Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures Review by: Community Development Staff. Public Hearing: No Planning Fees: $315. This includes one (1) hours of staff review time. Additional time over fourteen (3) hours will be billed at $315 per hour. Total Deposit: $315 ' Total Number of Application Copies: 2 Copies, including appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 2) To apply, submit the following information: Q Total Deposit for review of application. Q Pre-application Conference Summary. Q Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Q Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Q Completed Land Use application and signed fee agreement. Q An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. O 2 copies of the complete application packet. Q A written description of the project and the applicant's understanding of the approved land use(s) and how that may impact future development Q All previous land use approvals, City Council Ordinances, etc. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. OCTI 2012 COMMUNITY DEVELOPMENT 1 Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property The Gant Condominium Association Phone No.:970-925-5000 Owner("I"): Email: Address of 610 South West End Street Billing 610 South West End Street Property: Aspen, CO 81611 Address: Aspen, CO 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $.0 flat fee for Select Dept $0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 315 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Pro caner: Chris Bendon / Community Development Director Name: _A- City Use: Title:__ C) e v�e,�c�. e`�, �✓'" Fees Due:$315 Received:$ JaIlLfary, 201 2 City of • (9 70)920-5090 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 31, 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0075.2012.ASLU e. The planner assigned to this case is Jessica Garrow. Tv b a ❑ Your Land Use Application is incomplete: -� Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, (j3q� Jennifer Phelan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Subdivision (creating more than l additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F.