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HomeMy WebLinkAboutagenda.apz.20001121AGENDA ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING TUESDAY, NOVEMBER 21, 2000 4:30 PM SISTER CITIES ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST 310o apo1v-? d 4-0 IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. L'AUBERGE CONDITIONAL USE AMENDMENT, CHRIS BENDON, CONTINUED FROM 11/14/00 A py p-ro7 ' 4---o '�:= C° �-�, V. PLANNING AND ZONING COMMISSION OTHER ACTIONS A. REFERRAL ON PITKIN COUNTY LIGHTING PLAN, CHRIS BENDON, CONTINUED FROM 11 / 14/00/�? p ®' e;0 VI. ADJOURN MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Chris Bendon, Senior Planner RE: L'Auberge Conditional Use Amendment — Public Hearing Owner Occupancy Allowance DATE: November 14, 2000 SUMMARY: The owners of the L'Auberge Lodge, located on Main Street, have applied for an amendment to their conditional use to specifically set forth the amount of time in which owners of individual lodge units can occupy their unit. If approved, L'Auberge units would need to be available to the general public on a short-term basis for at least six months of each year. DISCUSSION: In 1995, the applicant proposed a code amendment to allow a "Lodge" as a conditional use in the Office Zone District and the amendment was adopted by the City. Until that time, lodges were not a recognized land use along Main Street, although many lodges existed there for quite some time. The code amendment resulted in the addition of "Lodge units and Lodge units with Kitchens" as a conditional use in the Office Zone District. The applicant also obtained conditional use approval for the existing and proposed lodge units in their redevelopment scheme, pursuant to P&Z Resolution 95-41. In the current application, the applicant raises a question as to whether the L'Auberge units are in fact "Lodge Units" due to their detached configuration. Because the conditional use criteria are designed to recognize unique development configurations and designs, visual impacts, and operating styles and the conditional use review recognized the particular configuration of the L'Auberge project, staff believes these units are in fact "Lodge Units" regardless of their detached nature. Moreover, the project is referred to as a "Lodge" throughout the 1995 application materials, minutes, staff reports, referral comments, and approving documents and staff finds it hard to believe their could be such confusion regarding the intended use of the land. Since 1995, when the development approvals were granted to the L'Auberge project, the City of Aspen re -codified the Lodge Preservation Program in a manner that is more conducive to small lodge redevelopment. As a part of the new LP provisions, lodges in the LP Overlay Zone District were allowed to be available to the general public only 6 months (or more) of the year. This change specifically recognized the nature of small lodge operations and the possible redevelopment incentive this flexibility could offer. It is important to remember that this provision was considered as an incentive to LP development and not available to other non -LP projects. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE AMENDMENT REGARDING OWNER OCCUPANCY OF INDIVIDUAL UNITS FOR THE L'AUBERGE LODGE, 435 WEST MAIN STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN. Parcel No. 2735.124.50.053 Resolution No. 00 - WHEREAS, the Community Development Department received an application from ALH Holding Company — Gunnison, a Colorado Corporation, owner of the L'Augberge D'Aspen located at 435 West Main Street, Aspen, Colorado, for an amendment to the conditional use approval granted by the City of Aspen, pursuant to Planning and Zoning Commission. Resolution 95-41, to set forth the manner in which owners of individual lodge units can occupancy their unit; and, WHEREAS, pursuant to Planning and Zoning Commission Resolution No.95-41, substantial changes in the manner in which the property operate as a lodge are required to be reviewed as an amendment to the conditional use approval and may be approved by the Planning and Zoning Commission pursuant to the criteria and procedures of conditional use review, Chapter 26.425 and the City of Aspen Land Use Code; and, WHEREAS, the Community Development Director reviewed this application pursuant to the review criteria set forth in Chapter 26.425 and recommended the Planning and Zoning Commission not approve the amendment to the approved conditional use; and, WHEREAS, during a duly noticed public hearing on November 14, 2000, the Planning and Zoning Commission considered the recommendation made by the Community Development Director and comments from the general public and approved, with conditions, by a to (_-_) vote, the conditional use amendment regarding the manner in which owners of individual lodge units may occupy their units. NOW, THEREFORE BE IT RESOLVED by the Commission: The conditional use for the L'Auberge D'Aspen lodge operation is hereby amended to permit owners of individual lodge units to occupy their unit such that each unit remains available to the general public for short-term occupancy periods at least six months of each calendar year, subject to the following conditions: 1. The general public includes all persons with no ownership interest in the property. Unit owners are not considered the general public for the purposes of this conditional use amendment. 2. The applicant shall provide a copy of the condominium declarations to the City of Aspen Community Development Department and said documents shall clearly identify this six-month owner occupancy provision, require amendments to the condominium declaration regarding this provision to be reviewed by the City of PZ Reso. No. 00-_. Page 1 In contrast, all other lodge properties (non -LP lodges) did not benefit from this 6- month change and remain under the requirement of "available to the general public on a short-term basis." (Short-term is defined as one month, or less.) In recent code amendment discussions, staff and the Commission have discussed how "available to the general public on a short-term basis" generates a certain complexity for condominiumized lodge units that are not in the LP system. The language suggests that owners of those non -LP units cannot stay in their own unit. The City is prepared to address this complexity in a more comprehensive manner. In light of the City's direction on this larger topic, L'Auberge representatives have requested the specifics of the L'Auberge project be examined under an amendment to the conditional use. Despite its non -LP status, the L'Auberge property is typical of many of the small lodges that are in the LP Overlay Zone District. When the LP designation originated, it was a voluntary system and many properties are not included in the LP system that fit the small lodge mold. In fact, Main Street is a good example of the random pattern of the LP Overlay -- Hotel Aspen (LP), Tyrolean (non -LP), Innsbrook (LP), L'Auberge (non -LP), Christiannia (LP). Another contributing factor and an argument in support of the L'Auberge request is the following: If the 1995 redevelopment were requested today, staff would encourage the applicant to look at the benefit of rezoning into the LP System. In light of recent concerns about our lodge base, a rezoning into the LP system with a redevelopment request would probably receive favorable reviews from staff. And in that scenario, the 6-month allowance would automatically apply to the property and the provision could actually induce the redevelopment. Staff s primary concern regarding this request is to establish a regulation that is simple to understand and enforce. Both staff and the applicant have an interest in a regulation that is simple, clear, easy to convey to prospective owners, and easy for staff and the owners to enforce. Staff does have a concern, however, about the possible reduction in occupancy rates and tourist turn -over. Lodges serve a very important role in a resort economy and the prospect of this property functioning less like a traditional lodge and more like a second home, even if for only a portion of the year, could have an effect upon our economic sustainability. Although, it is difficult to know for certain whether this change will have any effect and even more difficult to ascertain the level of that impact on the City, especially considering this project only represents 18 units. It is for this last reason, however, that staff does not support the conditional use amendment. As mentioned above, staff is more concerned with a regulation, if one is adopted, that is clear and easy for staff and prospective owners to understand. The most straight -forward regulation would mirror that. of the LP overlay properties. The Resolution has been structured to provide this simplicity with a few administrative checks to ensure compliance. 2 APPLICANT: L'Auberge Lodge. ALH Holdings, owner. Represented by Gideon Kaufman, Kaufman Peterson Attorneys, and Alan Richman, AICP, Alan Richman Planning Services. LOCATION: 435 West Main Street, Aspen ZONING: Office (0) CURRENT LAND USE: Lodge (condominiumized). PROPOSED LAND USE: Lodge. The conditional use request is for owner -occupancy of each unit of up to six months of each year. PREVIOUS ACTION: The Commission has not previously considered this application, with the exception of code amendment discussions in October related to the Hotel definition. REVIEW PROCEDURE: Conditional Use. The Commission shall, by Resolution, approve, approve with conditions, or deny the request during a public hearing. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." RECOMMENDATION: Staff recommends the Commission not approve the conditional use amendment. ALTERNATE RECOMMENDATION: Staff recommends an approval, if granted, be simple and easy to understand and apply. Staff believes the proposed Resolution accomplishes this simplicity. RECOMMENDED MOTION: "I move to adopt Resolution No. 00- , approving an amendment to the conditional use for the L'Auberge Lodge to allow six-month owner occupancy periods." ATTACHMENTS: . Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application I Aspen, and shall permit the owners association to enforce the six month owner occupancy provision. 3. The L'Auberge D'Aspen Condominium Owners Association shall diligently enforce the six-month provision on their own and upon written request by the City of Aspen. 4. The six month owner occupancy provision shall apply only to the lodge units, identified as "cabin units" on the condominium plat, and shall not apply to the single family home located at the corner of Fourth and Main Streets, identified as "house" on the condominium plat. The house shall operate consistent with regulations that apply generally to single-family houses, unless otherwise approved. 5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza. Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on November 14, 2000 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Robert Blaich, Chair PZ Reso. No. 00-_. Page 2 STAFF COMMENTS: CONDITIONAL USE 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes the request is consistent with other applicable requirements of the Land Use Code. The request is consistent with the stated purpose of the Office Zone District as an acceptable place for high volume commercial uses. The lodge use is not mentioned in the Office Zone purpose statement, but lodging typically represents a high volume of activity. Staff does not believe the request demonstrates consistency with the Economic Sustainability goals and objectives of the Aspen Area Community Plan. Specifically, a possible reduction in the number of guests and lessened tourist turn -over activity could result with the proposed six-month owner occupancy periods. This in turn could negatively affect the retail and restaurant activity that is typically associated with short- term occupancy traditional lodge operations upon which a resort economy is predicated. This request has not demonstrated the creation of long-term sustainability that respects the resort underpinning of Aspen's economy. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Staff believes the property will remain compatible with surrounding properties with this amendment. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding Staff does not expect any noticeable changes in these adverse effects that would require remediation. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding There are adequate facilities to serve the property and no additional services would be required with this change. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding No increase in affordable housing is expected and no employee housing mitigation measures have been requested. The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. �4C�uc ;e&1tM" dw 3613 444AZWo &ele14d4 91612 October 20, 2000 Mr. Chris Bendon, Senior Planner Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 �g s 0 ;V"aI Sax (9 70) 920-1125 RE: APPLICATION TO AMEND CONDITIONAL USE PERMIT FOR VAUBERGE Dear Chris, This is an application submitted pursuant to the Planning Office's direction to amend the conditional use permit previously granted to L'Auberge to operate a lodge in the Office (0) zone district. The conditional use permit was granted by the Aspen Planning and Zoning Commission pursuant to Resolution 95-41 (attached hereto as Exhibit #1). L'Auberge is located at 435 West Main Street (Lots A through I, Block 38, City and Townsite of Aspen). A copy of the recorded condominium plat, depicting the property's existing conditions, has been provided. The location of the site in -relation to neighboring properties is shown on the vicinity map contained on the condominium plat. This application is being submitted by ALH Holding Company - Gunnison, a Colorado Corporation, which is the property owner (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #2, an attorney's letter and warranty deed. Authorization for Alan Richman Planning Services to represent the applicant is provided by Exhibit #3. A pre -application conference was held with a representative of the Community Development Department on October 18, 2000 (see Exhibit #4, Pre -Application Conference Summary). At this meeting, the staff confirmed that the applicant would be subject to conditional use review by the Planning and Zoning Commission, to amend (if necessary) the previously approved conditional use permit. Since conditional use review requires notice as a public hearing, the applicant has provided a list of all owners of property within 300' feet of the subject property (see Exhibit #5). The list was obtained from the City's records through the GIS Department. The next section of this application identifies the applicable standards of the Aspen Land Use Regulations for this conditional use review and provides a response to each of these standards. Mr. Chris Bendon October 20, 2000 Page Two Conditional Use Amendment The Office (0) zone district lists "Lodge units and lodge units with kitchens" as a conditional use. This listing was added to the conditional use table for the Office zone district pursuant to Ordinance 31, Series of 1995, concurrent with the approval of L'Auberge's conditional use permit and with the granting of a growth management allotment to the owners to add new lodge units to the property. The amendment to the use table was adopted by the City as a way of legitimizing the historic use of the property as a lodge. Pursuant to the approvals granted in 1995, the applicant has built additional lodge units that were authorized for the property and has operated these units as tourist accommodations. The applicant has also submitted to the City a condominium plat for the property, and has recorded that plat in the office of the Pitkin County Clerk. The City questioned whether a change in the form of the ownership of the property, coupled with a potential change in use, represents a substantial change to the approved conditional use. According to Condition #20 of Resolution 95-41, "Any substantial change in the use of this conditional use as a lodge shall require an amendment to the conditional use review and other applicable requirements of the code". Section 26.425.080 of the Aspen Land Use Code lists the types of activities that may be considered to be insubstantial amendments to an approved conditional use. Although the applicant believes the proposed changes are a technical clarification, not a substantial change, the staff has determined that the Planning and Zoning Commission should review this as a conditional use amendment. Section 26.425.080 B. of the Code therefore requires that the applicant must repeat the conditional use review to amend the prior permit. The standards for conditional use review, as listed in Section 26.425.040 of the Aspen Land Use Code, and the applicant's responses to these standards, are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the Zone District in which it is proposed to be located, and complies with all other applicable requirements of this Title. Response: L'Auberge has long been one of Aspen's most recognizable small lodges, offering a unique lodging experience to guests in the Aspen area. The small cabins that dot this site are consistent with the historic character of West Main Street, and also evoke images of this community's ties to the traditions of European alpine resorts. The new additions to the site have continued this style, while upgrading the entire image of the property in terms of both architecture and landscaping. Mr. Chris Bendon October 20, 2000 Page Three The lodging use and its visual appearance make the property consistent with the intent of the Office zone district, which is "To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that are now adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares". The applicant proposes that the condominiumized lodge be permitted to operate consistent with the definition of the term "lodge" in the Aspen Land Use Code. This definition reads as follows: "Lodge. Same, as hotel; except that. lodges in the Lodge Preservation (LP) Zone District must be available for overnight lodging by the general public on a short-term basis for at least six months of each calendar year, and- may have kitchens within individual lodge rooms." The cabins on the property contain kitchens so, by definition, they are not hotel rooms. The applicant hereby represents that the units will be made available for overnight lodging by the general public on a, short-term basis for at least six months of each calendar year. This occupancy restriction will be included in the condominium documents for this property, along with a mechanism for the condominium association to enforce the limitation. The occupancy restriction will also be disclosed in all real estate brochure and marketing for the units. The applicant would also point out that the building at the corner of Fourth and Main is a house that has historically been occupied as .a residence, and has not been rented out to guests as part of the lodge. It is the applicant's intention to maintain this use, and not to make it available for overnight lodging by the: general public on a short-term basis. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses -and activities in the immediate vicinity of the parcel proposed for- development. Response: L'Auberge is consistent and compatible with the character of West Main Street. There are several other lodges operating in this area, including the Innsbruck Inn, Christmas Inn, Aspen Mountain Lodge, Hotel Aspen, Molly Gibson Lodge, and Sardy House. What is unique about L'Auberge is the small scale of its buildings and their unique mountain character, which have long been a very distinctive part of this historic district. The small scale of these structures is one factor that ensures these lodge units will continue to be used as short term accommodations after they have been sold to individual owners. The very nature of these units will make them unattractive to persons looking to purchase a dwelling in Aspen that they will use solely for their own occupancy. Mr. Chris Bendon October 20, 2000 Page Four C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: No changes are proposed to the size or design of the existing lodge, or in the manner in which it operates. Therefore, there will be no adverse visual effects from this proposal, nor will there be any impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: This property already is served by the full compliment of public facilities and services. The proposed amendment to the conditional use should not cause any increase in the demand for these services. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Response: There will not be any increased employee generation caused by the proposed amendment to the conditional use. Conclusion I believe we have submitted all of the materials requested during the pre -application conference and have responded to the applicable standards of the Aspen Land Use Code and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, we will respond in a timely manner. Please feel free to contact us as necessary. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP MAP AND EXHIBITS A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING CONDITIONAI, IISE FOR A LODGE IN THE OFFICE ZONE DISTRICT FOR L'AUBERGE LODGE LOCATED AT 435 A. MAIN STREET (LOTS A -I, BLOCK 38) CITY AND TOWNSITE OF ASPEN, COLORADO Resolution No. 95-)-h- WHEREAS, the applicants proposed a code amendment to allow a lodge in the office zone district in order to legitimize the current use of the lodge and to allow an expansion of the lodge; and WHEREAS, the Commission approved the proposed code amendment at a public hearing on April 18, 1995, but tabled the associated conditional use review to May 91 1995, in order to allow staff and the applicant to continue work on the conditional use application; and WHEREAS, the lodge proposal was reviewed by the Engineering Department, Aspen Consolidated Sanitation District, the Aspen Fire Marshal, Parks Department, and the Environmental Health Department, and referral comments were sent to the Planning Office; and WHEREAS,- Planning staff reviewed the request and referral comments and recommended approval for a conditi.onal use for the proposed lodge, with conditions, pursuant to Section 24-7-304; and WHEREAS, on May 9, 1995, the Planning and Zoning Commission continued the public hearing, reviewed the proposal and staff recommendations, and voted unanimously to approve the request with conditions; and WHEREAS, in addition to the conditional use approval, the Commission voted unanimously to recommend to City Council the addition of a parking requirement for lodges in the office zone district as stated in staff's May 9, 1995 memorandum and amended on the same date. NOW, THEREFORE BE IT RESOLVED by the Commission that does hereby eby approve a conditional use for the L'Auberge Lodge following"conditions: 1. Prior to the lodge GMQS allocation by the City Council, the applicant shall submit a revised service utilityplan that asict been reviewed and approved by the ACSD, and the water, engineering departments. 2. Any costs fob new public services that martial or full be led or upgraded shall ioe borne by the applicant on a p is depending upon the specific agency's requirements. 3. Prior to the issuance of any building permits, the applicant shall file restrictions against future installation of fireplaces and woodstoves with the Environmental Health Department. 4. Prior to the issuance of any building permits', the applicant shall submit a fugitive dust control plan, to be reviewed and approved by the Environmental Health Department. 5. Prior to the issuance'of any building permits the applicant shall submit a revised site plan that includes: a. all transformer and utility easements; b. a detailed drawing of the area for all service/trash and recycling areas; c. proposed and city specified sidewalks on 3rd and 4th streets between Main Street and the alley; d. a revised parking plan to be reviewed and approved by the engineering and planning staff; e. elimination of the curb cut adjacent to the manager's residence. 6. Prior to the issuance of any building permits the applicant shall submit a detailed landscape plan approved by the Parks Department. 7. Prior to the issuance of any building permits: a. tree removal permits and a mitigation plan for removing or relocating any trees 6" in caliper or greater shall be required from the Parks Department and any trees proposed to be saved shall be protected during construction, including no digging or over digging within the drip line; b. the applicant shall enter -into an agreement with the Engineering Department to construct curb and gutter in the future; C. the applicant shall pay all applicable water and -sewer tap fees; and d. the applicant shall file the appropriate deed restrictions with the Housing Office for the deed restricted dwelling unit if required by Council. 8. Any irrigation system that is installed shall be incompliance ,with the Water Conservation Code. 1 9. As'required in Section 24-7-1004 C.4.f, the applicant shall maintain the historic runoff patterns that are found on the site and shall correct any runoff or erosion problems that 2 currently exist on the site. 10. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way. 11. All lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways will be low to the ground (approximately 3' in height) and shielded. 12. All work in the alley and public right-of-way shall require a permit from the Streets Department. 13. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. 14. Early warning devices and fire extinguishers shall be provided in all cabins and the manager's residence. 15. If the applicants intend to use the ditch for irrigation, a utilization plan must be reviewed by the Parks and Water Departments which may include a raw water agreement. The agreement must be signed prior to the issuance of any building permits. 16. Prior to the issuance of any building permits the applicant shall apply for an encroachment license. 17. This conditional use approval is conditioned upon successful completion of the variance request process or PUD review, Council approval of the text amendment, and Council allocation of the lodge allotments. 18. The applicant acknowledges Municipal Code sidewalk maintenance requirements for all sidewalks abutting the applicant's property. These property owner obligations include timely snow removal as provided for in Section 19, Article VIII, and sweeping and maintenance against hazardous conditions as provided for. in Section 19, Article IV. 19. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and joint GMQS Commission meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 20. Any substantial change in the use of this conditional use as a lodge shall require an amendment to the conditional use review and other applicable requirements of the code. 3 APPROVED by the Commission at their regular meeting on May 91 1995. ATTEST: Jan Ca ey, Deputy City Clerk n ASPEN PLANNING AND ZONING COMMISSION Bruce Kerr, Chairman EXHIBIT #2 BROOKE A. PETERSON GIDEON I. KAUFMAN* OF COUNSEL: HAL S. DISHLER** TERRI J. KAFRISSEN ALSO ADMITTED IN MARYLAND ALSO ADMITTED IN TEXAS LAW OFFICES OF KAUFMAN & PETERSON, P.C. TELEPHONE (970) 925-8166 315 EAST HYMAN AVENUE, SUITE 305 FACSIMILE ASPEN, COLORADO 81611 (970) 925-1090 October 20, 2000 Mr. Chris Bendon Aspen/Pitkin Community Development 130 South Galena Street Aspen, Colorado 81611 Re: L'Auberge D'Aspen Dear Chris: As you can see from the enclosed copy of the General Warranty Deed recorded October 28, 1992, in Book 692 at Page 829, the owner of the Property is The ALH Holding Company -Gunnison, a Colorado corporation. If you have any additional questions, please do not hesitate to call. Sincerely, KAUFMAN & PETERSON, P.C. A Professional Corporation By Gidedd Kaufman GK/bw Enclosure • ��-L (� vitJN�s dN a. k ` '�•+i• [ 9J r:.�«i'� •+•. .fir`. ♦� �. 4; 1 7, S'c; 4350179 10/28/92 14:2Q ec $;5.00 PY 692 PG 829 S:,via Davis, Pitkin Cnty Clerk, Doc 3127.50 7:1- K GENERAL WARRANTY DEED ' y THIS DEED, made this day of October 1992, between SWISS CHALET/XIT380HEL PARTNERSHIP, a Colorado general partnership of the ? County of Pitkin and State of Colorado ("Grantor"), and THH AL3 fl- pp, HOLDING COMPi,NY-c3MXSqx , a C orado corporatio whose legal W . 0 a �� address is '.S VLF. /I'i<<I,� i7s 1� �� ,/� // of the County of �j and State of ("Grantee") _ WITNESSETH! ' e That the Grantor for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, i and by these presents does grant, bargain, sell, convey and n confirm, unto to the Grantee, its successors and assigns forever, U Ll t' z all the real property together with improvements, if any, situate, m a H lying and being in the County of Pitkin and state of Colorado m described as Lots 1 and 2, Perkins Subdivision, consisting of Lots �_ A, B, C, D, E, F, G, H and I, Block 38, City and Townsite of Aspen, n of-r'1'. as shown on the Plat thereof recorded in Plat Book 10 at Page 25. m H TOGETHER with all and singular the hereditaments and appurte- �* U C�; nances thereto belonging, or in anywise appertaining, and the D � reversion and reversions, remainder and remainders, rents, issues 0 O and profits thereof, and all the estate, right, title, interest, ;0 claim and demand whatsoever of the Grantor, either in law or n equity, of, in and to the above bargained premises, with the m hereditaments and appurtenances. < ro l� TO HAVE AND TO HOLD the said premises above bargained and CL described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors IS and assigns does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, is well seized of the U premises above conveyed, has good, sure, perfect, absolute and 171) indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form ab aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, mRsessments, encumbrances and restrictions of y whatever kind or nature soever, except those items of record listed on Exhibit "A" attached hereto, R The Grantor shall and will WARRANT AND FOREVER DEFEND the d above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gander shall be applicable to all genders. t 4Y' r• Y r -''. .`*� L Vie-y.,.... �T • v .�"+ i' ,a ln;=9/92 14::9 Rec s.5.00 692 PS S31 EXH_3TT "All Rea- estate taxes due 'n 1992 and payaL\le in 1993. 2 Reservations and excett'_ons as set forth in the Deed from the City of Aspen of record, prsviding as follows. "That no title shall be hereby acquired to my mina of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws." ? Easements, rights of :ray and all matters as disclosed on ?!at of subject property recorded in Plat Book 10 at Page 25. s. Te-^s, conditions, obligations and provisions of Statement of Exemption from the Sefiniticn of Subdivision for Perkins Subdivision as set forth in inst=ument recorded in Book 391 at Page 574. Terns, conditions, cbigations and provisions of Subdivision in :n:+trlment recorded in Book 393 Agreement as sac fort.; at Page 49, 4, P.ny loss or damage as the result of re -subdividing of Lot 2, Perkins Subdivision. ne' dor\a1h. Twd 3:1 3 Mr. Chris Bendon, Senior Planner Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION TO AMEND CONDITIONAL USE PERMIT FOR L'AUBERGE Dear Mr. Bendon, We hereby authorize Gideon Kaufman of Kaufman and Peterson, P.C., and Alan Richman of Alan Richman Planning Services to act as our designated representatives with respect to the land use application being submitted to your office for L'Auberge, located at 435 West Main Street. Gideon Kaufman and Alan Richman are authorized to submit an application to amend the conditional use permit previously issued to our property. They are also authorized to represent us in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. Should you have any need to contact us during the course of your review of this application, please do so through Kaufman and Peterson, P.C. or Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely t ALH Holdings/Gunnison Michael Haisfield CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 10.18.00 PROJECT: L'Auberge Conditional Use Amendment # 1 REPRESENTATIVE: Alan Richman, 920.1125; Gideon Kaufman, 925.8166 OWNER: Tracy Haysfield TYPE OF APPLICATION: 1 step — Planning and Zoning Commission DESCRIPTION: The L'Auberge Lodge Owners are interested in amending their Conditional Use approval to specifically set forth the manner in which owners of individual lodge units can utilize their unit, including the amount of time each unit must be available to the general public as a traditional rental unit. P&Z Reso 95-41 allows for such an amendment to the conditional use. Land Use Code Sections: 26.425 Conditional Use Review 26.302 Common Development Review Procedures Review by: Staff for Completeness, Community Development Director for recommendation, Planning and Zoning Commission. Public Hearing: Yes, P&Z. Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Aeferral Agencies: None. Planning Fees: $1,110 Minor Review (6-hour deposit) Referral Agency Fees: None. Total Deposit: $1,110 (additional hours are billed at a rate of $195/hour). To apply, submit the following information: l . Proof of ownership and letter signed by the applicant stating representative authorization. 2. Signed fee agreement. 3. improvement survey, site plan, or a plat map of the property. Include one large version for presentation and a reduced version for the application packet. 4. Proposed timeframes for owner usage and general public usage. 5. Response to the criteria for amending the text of the Land Use Code contained in Section 26.425. 6. A copy of Reso. 95-41. Notes: • A current site improvement survey is not necessary but a plat map of other site plan that describes the property should be included. • A description of a typical unit (floor plan or pictures, etc.) would be helpful to include in the application. Nsclaimer: ie foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is ,abject 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. EXHIBIT #5 LIST OF OWNERS WITHIN 300' OF PROPERTY 5r- "VEST MAIN LLC :BC #202 i4, CO 81611 ASPEN HOMEOWNERS' ASSOCIATION A COLO NON PROFIT CORPORATION 311 W MAIN ST ASPEN, CO 81611 BECK GLENN A PO BOX 1102 VICTORVILLE, CA 92392 ALG SECOND QUAL PERS RES TRUST C/O GILDENHORN ALMA L 2030 24TH ST NW WASHINGTON, DC 20008 BAILEY MIRANDA 1994 TRUST 50% C/O JANUS CAPITAL 620 E COOPER ASPEN, CO 81611 BLAU SETH J BLAU JUDITH 3896 DOGWOOD LN DOYLESTOWN, PA 18901 ALH HOLDING COMPANY GUNNISON A COLORADO CORPORATION 435 W MAIN ST ASPEN, CO 81611 BARTON META PACKARD 6507 MONTROSE AVE BALTIMORE, MD 21212 BLONIARZ JOHN W & DONNA L 1839 N ORLEANS ST CHICAGO, IL 60614 BOOMERANG LTD BRAFMAN STUART REVOCABLE TRUST BROWDE DAVID A 500 W HOPKINS AVE BRAFMAN LOTTA BEA REVOCABLE 176 BROADWAY STE 7A ASPEN, CO 81611 TRUST NEW YORK, NY 10038 161 E CHICAGO #30B CHICAGO, IL 60611 CARINTHIA CORP CHAMBERS PETE CITY OF ASPEN 45 E LUPINE DR PO BOX 10086 130 S GALENA ST ASPEN, CO 81611 MULONN, VA 22106 ASPEN, CO 81611 CLICK JANE COMCOWICH WILLIAM L CONDER CANDIDA E 333 W MAIN ST 420 W MAIN ST 19816 GRAND VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 TOPANGA, CA 90290-3314 CRUSIUS FRANKLIN G CRETE ASSOCIATES LP CROWLEY SUE MITCHELL CRUSIUS MARGARET J 3418 SANSON STREET 409 S GREENWOOD AVE 5855 MIDNIGHT PASS RD APT 507 PHILADELPHIA, PA 19104 COLUMBIA, MO 65203 SARASOTA, FL 34242 FLECK KATHRYN DEREVENSKY PAULA DEROSE VINCENT 27 N MOORE 1128 GRAND AVE 1209 N 14TH AVE TOWER B GLENWOOD SPRINGS, CO 81601 MELROSE PARK, IL 60160 NEW YORK, NY 10013 FRANKEL KATHY REVOCABLE TRUST GOLD RANDAL S GOLDENBERG STEPHEN R & CHERYL J 444 N WELLS #303 EPSTEIN GILBERT AND MOLLIE 430 W HOPKINS AVE CHICAGO, IL 60610 PO BOX 9813 ASPEN, CO 81611 ASPEN, CO 81612 HANSEN WERNER AND HARRIET HOPP ROSALIND HUGGIN H SCOTT WINTER ERNST & SON INC C/O HOPP CLEMENT A JR AS JOINT 205 S MILL ST #3 ORDINGER WEG 12 TENANTS ASPEN, CO 81611 HAMBURG GERMANY, 22609 107 S WARBLER LN SARASOTA, FL 34236 ILGEN EILEEN L & JACK D & ELOISE JACOBY FAMILY LTD PARTNERSHIP JACOBY FAMILY LTD PARTNERSHIP ILGEN IN JOINT TENANCY CASPER J JACOBY III CASPER J JACOBY III GEN PARTNER V MAIN ST PO BOX 248 PO BOX 248 :V, CO 81611 ALTON, IL 62002 ALTON, IL 62002 JOHNSTON DANIEL R & MARGARET S 2018 PHALAROPE COSTA MESA, CA 92626 KEIM JAMES T PEITZ H QUINN JR 17550 BAR X RD COLORADO SPRINGS, CO 80908-1500 MARCUS RENEE A 432 W HOPKINS ASPEN, CO 81611 MCDONALD FAMILY TRUST MCDONALD W SCOTT & CAROLINE TRUSTEES 320 W MAIN ST ASPEN, CO 81611-1614 PATERSON CHARLES G 500 W HOPKINS ASPEN, CO 81611 PRICE DOUGLAS L AND VALERIE 8611 MELWOOD RD BETHESDA, MD 20817 RISCOR INC 200 CRESCENT CT STE 1320 DALLAS, TX 75201 ROSENTHAL DIANNE PO BOX 10043 ASPEN, CO 81612-7311 KARP MICHAEL 3418 SANSOM ST PHILADELPHIA, PA 19102 KENDIG ROBERT E KENDIG MARILYN SUE 450 S GALENA ST STE 202A ASPEN, CO 81611 MARTEN RANDOLPH 129 MARTEN ST MONDOVI, WI 54755 MCDONALD FAMILY TRUST 320 W MAIN ST ASPEN, CO 81611 PEITZ H QUINN JR KEIM JAMES T 17550 BAR X RD COLORADO SPRINGS, CO 80908-1500 RANKIN CONSULTING LLC 336 VINE ST ASPEN, CO 81611 RIVA PARTNERS LP 1717 MAIN ST STE 5200 DALLAS, TX 75201 SAMIOS CAROLE SAMIOS NICHOLAS A P 0 BOX 867 WESTMINSTER, MD 21158 KASPAR THERESA DOSS PO BOX 1637 ASPEN, CO 81612 MAC DONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 MARTIN SCOTT M C/O PARAMOUNT PICTURES 5555 MELROSE AVE HOLLYWOOD, CA 90038 MOUNTAIN STATES COMMUNICATIONS INC PO BOX E ASPEN, CO 81612 PRICE DOUGLAS 8611 MELWOOD BETHESDA, MD 20817 RICKEL DAVID 8324 BROODSIDE RD ELKINS PARK, PA 19027 ROGERS REGINA 6 WOOD ACRES RD GLEN HEAD, NY 11545 SCOTT MARY HUGH C/O RUSSELL SCOTT III & CO LLC 7000 E 8ELLVIEW AVE STE 120 ENGLEWOOD, CO 80111 ,r MARY HUGH SEALS JOHN R & CAROLYN SHEEHAN WILLIAM J AND C/O RUSSELL SCOTT III & CO LLC 4410 MEDICAL DR #400 SHEEHAN NANCY E 38 SUNSET DR SAN ANTONIOTX 78229 10 GOLF VIEW LN , ENGLEWOOD, CO 80110 FRANKFORT, IL 60423 SHERWIN KITTY P & WALTER J 8.2% NT 7r ZANDALE RD & FDA, MD 20817-4701 SLOVITER DAVID SLOVITER ROSALIE 1358 ROBINHOOD RD MEADOWBROOK, PA 19046 STASPEN LIMITED PARTNERSHIP C/O JOHN STATON 191 PEACHTREE STREET SUITE 4900 ATLANTA, GA 30303-1763 TAD PROPERTIES LTD LIABILITY CO PO BOX 9978 ASPEN, CO 81612 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 TWIN COASTS LTD 110 WEST C ST STE 1901 SAN DIEGO, CA 92101 WOLOFSKY MOIRA 50% INT 129 CLARENDON AVE PALM BEACH, FL 33480 SILVERSTEIN PHILIP SIMON LOUIS & EILEEN SILVERSTEIN ROSALYN 1576 CLOVERLY LN 25 KNOLLS CRESCENT RYDAL, PA 19046 BRONX, NY 10463 SLOVITER DAVID SLOVITOR DAVID AND ELAINE SLOVITER ROSALIE 1358 ROBIN HOOD RD 1358 ROBINHOOD RD MEADOWBROOK, PN 19046 MEADOWBROOK, PA 19046 STRANDBERG JOHN J & JANE T STRANDBERG JOHN J & JANE T 2510 GRAND AVE APT 2403 2510 GRAND AVE APT 2403 KANSAS CITY, MO 64108 KANSAS CITY, MO 64108 TAD PROPERTIES LTD LLC TEMPKINS HARRY TOWNE CENTRE PROPERTIES LLC TEMPKINS VIVIAN 323 W MAIN ST STE 301 420 LINCOLN RD STE 258 ASPEN, CO 81611 MIAMI BEACH, FL 33139 TORNARE RENE TORNARE RENE 308 W HOPKINS AVE 308 W HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ULLR COMMONS DEVELOPMENT CORP WHYTE RUTH 75 S THIRD ST PO BOX 202 CARBONDALE, CO 81623 ASPEN, CO 81612 YOUNG PAUL III 13355 NOEL RD LB 28 DALLAS, TX 75240 i 0 i 20 40 i ; } I I JGE D 10 FOUND SUR EY MONUMENT AS DESCRIBED ® MANHOLE STREET!LI T �❑ UTILITY 8 X -CO . ♦ SURVEY TROL TENT -� ) CITY MON ® GASi m ELECTRIC i .��.. UNIIlT BOU ARY TI f0 RIGHT ANGLES LINES ., ZONE DIS RICT: 0 , WATER ; LINE IS LO, UT I'L IT,IE i t ARE L0, )UNDARIES ARE AT IERNAL PROPERTY :E' IN MAIN STREET ALL OTHER IN THE ALLEY. DITCH ORATE I i We 0 j vl i , o S Y J U O Z 20' 25947 RESEgyED OPEN SPACE � , O v"% t VA~,F�' "L PLAT 1. cERftFtCAltON OF OWNERSHIP • • _ -- ALH HO�DING COMPANY-GUMJ)SON INC. A COLORADO CORPORATION KHON ALL BY THESE'PRE5ECOM: L A U B E R G E D / 1 - M HEREBY CONFIRMS AND ACKNOWLEDGES TRAT IT IS THE SOLE OWNER OF THE THAT ALH HOLDING COMPANY-GUNNI30Nr INC. !'OE0.ARANT'1 PROPER7Y.DESCRIBED HEREIN. :IS THE O OF THAT. REAL PROPERTY SITUATED IN PITKIN COUNTY, - A COMMON INTREST COMMUNITY - ALH HOLDINQ COMPANY-GUNNM30N,-I NC. OFLTTHE6f4 P,MLY)COUNTYCOFOPSTKIA,75TATE 6FRCOLORA60 ('PROPERTY'I, THIS PLAT AMENDS PERKINS SUBDIVISION PLAT JJ////� BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: RECORDED IN PLAT BOOK 10 hT PAGE 25. d1Cil A/ I�P/D ' LEGAL ElCPERKINS .,.._- " BY: LOTS 1 AND Z PERKINS SUBOIYISiON CONSISTING OF LOTS A B, C, 0 E, F, Gr AUDR E HA FIEL , PRall DENT H AND I L6CK 38, CITY AND TOWN31TE Of ASPEN AS SHOWC! ON THE t�LAi STATE�OF'GbT-O RgiYfl 1:' - TIiEREOF AE ORVEO IN PLAT BOOK IO.AT PAGE 25,._ CONTAINI NG 0 620 ACAESr MORE OR LE 3. -y;•�: ;i 1• - COUNTY OF' P•('FP.T►1 1 SS. - HAS CAUSED SAID REAL PROPERTY TO BE LAID '. -.. 2; THAT DECLARANT 'THIS`PLAj�t'BEEN-DULY ACXNOWLEDGED BEFORE h1E THIS J T OUT SURVEY D AND SUBDIVIDED AS 'L'AU8ERGE D'ASPEN ('SUBOIYISION'1 IN - DAY OF .4i' Y�,,.�,�/ 1KNO 0Y GEDRBE LEE ME THIELO AS PRESt �XOF B��C PITKIN COU TYtCCOLORADO SUBJECT TO THE EASEMENTS AND OTHER LIENS + _ : ALH HOLDING,COMPANY-GUN61SON,,.INC. ti l ._ ''�, - AND ENCUMB ANDES SHOWN 6R DESCRIBED ON THIS PLAT OR IN THE AND REST ICTIONS, RE D ' DECLARATIO OF COVENANTS,: CONOtTIONS R CORDE - - WITNESS MY -HAND ANO OfF IAL SEA :, b/ WS,,,,RR..�� 0 _ - - ORATE OB NR • _ MY COMMISSIONEEEXP'nIIR--ES:- Z(6v� O 1'OECLARAT ON'I.AND INCORPORATED BY. REFERENCE HEREIN. I THE RESERVA710N5 • -NOTARY PUBLIC . - lq TE 0l'00 CLA ES RVES TO ITSELF ANOITS SUCCESSORS AND, lENOER'A"CERTIFICATE y FOR .- -: - EDEVELLOPMENTPOFPANYYPROPERTY, THE NT HEREBY R ASS( FOLLOWINGS .:. ( DEVE OpMEHT `TAE RttTHT Td ENT - THE UNDERSIONEbFOR 7HEM3ElVE5 THEIR SUCCESSOR9,ANDASSIGNS A! THE PERFOR NCE,OF ANY_WORK FOR THE BENEFICIARY (OR ASSIGNEE) OF THE DEEDS OF TRUST.. OR ASSIGNMENTS, RECORDED IN AND THE RI T TO GRANT AODIf1--WITAERESPECTS AND RELOCATE ANO/OR BFOTHE92 AT- P►GES OF2C'AUB�940 RGE D^ASPENIANORAOREESNTMATSNOOFORECLOSUREIOR SPECIFICAL BSTITUTE YXSET IFORTRAND RESERVEDRINPTHE DECLARATHE TRION. OECLARRNTE TTHE ENFORCEMENT Of ANY REMEDY PURSUANT TO THAT DEED OF TRUST HAS RESERY D THE 'RIGHT -TO DEVELOP AND SELL THE DEVELOPMENT AS, - - SHALL IM►AIRt INVALIDATE, SUPERSEDE, OR OTHERWISE AFFECT THE. ".APPROVED I THE DEVELOPMENT APPROVALS AND RESERVES THE RIGHT TO COVENANTS. , RESTRICTIONS, AND EASEMENTS ESTABLISHED HEREIN. "GRANT AND EI.00ATE .EASEMENTSAS MAY BE NECESSARY FOR THAT DEVELOPMEN . YECTRA`.ANR F6RMERLY PITK N SWISS CHALET/KITZSUHEL . - .. -. C ANR, A T T_ . ,rj -. PARTNER F 2,- '.RS SSORS A 'ASSIGNS: SIICCEpE ANO ASSIGN OF : DECLA T, AS,U E HEREIN ,SHALL E E D A SUCCESSOR ANO ASSIGN 0 ,DECLARANT OR-THE.PURPOSE4'HEREOF ONLY IF SPEC IFICALLY DESIGNATED T BY.OECLAR T BY'AN-"INSTRUMENT,RECORDED IN THE RECORDS OF PITKIN - - BY: - BY: .`, COUNTY C ORAD6 AND "ONLY TO'THE PARTICULAR RIGHTS AND IN7ERES S r "SPECIFiCAL Y DESIGNATED THEREIN- - - STATE'- COLORiAjOTkAy WOR 'AND pH11,15ES'.-�.THEMEANIN()OF WORDS AND PHRASES R COUNTY OF'►ITK 1 \ DUSED ECLhRATEI SHALLHAVE THE SAME MEANING AS TH09E DEFINED IN THE y x� IO ROOF EICIOAO/ENT - _ \ 4412T8 't T FOREGOfNb Wil ACKNOWLEDGED` TH13 Y OFF NNEE y "er -1 [vAs CUT 'IVIOFORE 4A1 Carl &r iMe A$ OF vEtTRA BA Er,;. • 1 V EASEMENTS N Sry. uYcc i531o"1 DECLARANT RE -BY'_ ESERVES FOR ITSELF ITS SUCCESSORS AND S p i R 0 ( R t+ WITNESS'M'"OFFICIAL"SEAL' " uAY22,�Oot ASSIGNS -GRANTS,-'SUBJECT TO THE EASEMENTS AND OTHER 'G C, Zj J R I `C`•T' _ MY COh1M(��,I Qji �NP)RES: `Y.-.{ CREATED NCUMBROA E9 SHOWN OR DESCRIBED ON THIS PLAT AND OTHERWISE 'pQ ' - OO.Op. - NOTARYV UBLIG ` _ '•n �\ l :-I'. A UTI 17YSEA4EMEH RE:'ArNONEEXCLUSIIVE CASEMENT TO DECLARANT,A'- (� J {R . 01TCk `- "1a^t '� `' -t T9 SUCCE HORS AND. ASS)p(5 ('DECLARANT -),.THE ASSOCIATION AND TO .•-' �.� STATE OF COLORADO) _ 1'SS UTILITY P OVIDERS OVER, ACROSS AND UNDER (A), ANY PORTION6 OF THE ' - - '+ G- - IGNATED. AS UTILITY EASEMENT' ON THIS PLAT FOR THE - COUNTY OF PITKIN t .. ppe RPROPERTYT ES + 14 tNSTALLAT ON AND MAINTENANCE OF ALL UTILITIES INCLUDING WITHOUT + + �_ - - - -- ' a-�r... LIMITATI I: ELECTRIC 'GAS CABLETELEVISION,fELEPHONE WATERAND CABIN J`7 .'' C - - NATED fRML.EI�•tE•NG WA AC �,E��O H(S lq D> OFQmi YtB�Y:��'�, t ti SEWER: A -t01 ANYPORTIONS OF THE IONS ANDTY_WNICN MAY 6E DECLDESIARANT OF ARANT HOUSE • / i S 09• "`�• WA(K - • tlR KIT TZBUHEL. ? ''PROY 0 D EREPNRORTI)N " THE DECLARATION CONCERNING THE PROPERTY' UNIT A • • UNIT + LAW , ))•E ?O . `_ CUgB ^ - _ _ _ _'INCWD)NG THOSEI'Y COMP'ANCIESEEXERCIHE TFIE RNGATS HEREIN ORANTE0730 AS u ' r 9.6,, k0WITNESS NY OFFICIALSEAC !HALL THE UTILITY I .0 • : UNIT �� BASIS\�, >FR -- ` MY C 1 N E%PtRE3: TO INTERF RE WITH THE USE OF THE UNITS PURPOSES EXCEPT TO THE; EXTENT +r!/T •• 22 / _ _ A OF gFAR) PIEIESENI'LY US 0 FOREOVERHEADSUTILTTDIESCBETMEEN,ROVERS UNDER EAND OACCROSS • •4l( olTa aATW NOTA Y P BLIC �bNA THE CABIN UNITS' ANO.COHMON AREAS. - „ 3 / , the f N Atom 'Ty LL f OCf' by IN�9Q BArTstl / + • _-'.. �'` it CABIN = . F 6it C 4p0. •� "� �_Y. THE UNDER$I GNIED FOR Tme"9LVES' THEIR SUCCESSOR AND SIGNS AS BENEFICIARIES 2. '- iRR CATION ANO DRAINAGE EASEMENT. A NONE%CWSIVE 2 OPwYO �'- ( ,.`�:. OF THE DEED OF TRUST RECORDED ON JULY"21 1946 IN BOOK 514 AT PAGE 790 HEREBY IRRIGATION AND DRA tNAGE EASEMENT TO THE DECLARANT AND THE ' • UNIT / . J n• N AREA �, _ - CONSENT TO THE RECOROINO OF THIS f)NAL PCA7 ANO AGREES THAT NO FORECLOSURE OR ASSOCIATION, INCLUDING THE RIGHT OF VEHfCULAR. ACCESS TO MAINTAIN • 2 / • "�'•• ��..- - ® THE. ENFORCE NT OF ANY OTHER REMEDY WILL IMPAIR THE VALIDITY OF, THIS FINAL PLAT. THEM AS Y BE ADVISABLE FOR THE INSTALLATION: CONSTRUCTION AND • L, ®. - �- - - MAINTEN OF.. IRRIGATION AND DRAINAGE WITHIN THE SUBDIVISION:. ,`• !' - �• I CABIN-, ' " _" ".' - THE OWNER RAND GUESTS-OFETHE HOUSE-UNITNFOR DRIVEWAYASPEDESTRIAN CABIN • - + T '+`'• • '! UNBT" •'" - MARYE_ PERKINS-.ACCE33 'PARKING --PURPOSES OVER-AND"ACROSS THE COMMON AREA • UNIT .J • h CABIN . �.,. 29 ., / .... - _ - ..�LOCATE6 0 TW'EEN THE -'_.BOUNDARY OF THE H005E UNIT AND THE COMMON COAYtON • 21 / / ti , / - - TO THEA55pC1AT10N'S RULES AR UNIT CABIN • w STATE OF �qOpLLyOORADO) SOUNDAR-!E OF UNITS-'20 24 AND -SUBJECT ! fA if / n • / • or , AB I N9 COUNTY Or1 }1CM R A AN R GU T IONS 0 SCR 16ED TFIE DECLARATION. + .t / BY THE ASSOC ATION FOR THE PARKING OF ONEOPERA" , • R' 'UN6T , • - , _ _ �Jl :190 4. C ON AREA PARKING. THE COMMON AREAS SMALL BE MADE AVAILABLE BY THE / �� �'•� j "' ,4 '- ern 8 VEHICLE FOR THE USE OF THE / 3 I •` / - S THE FOREGERKI MAS ACKNOWLEDGED THIS DAY LE v .O1N& MARY OR PERKINS Of THE ASSOCIATION AND.THEIR QUESTS OF EACH'-CA81N UNIT, FOR A TOTAL OF PARKING • CABIN WITNESS MY OFFICIAL SEAL �P SPACES AS SUCH IS"FURTHER DEFINED AND-NATE SPECIFIC IN THE DECLAAREAS FOR THE ASSCCIATION MAY RELOCATE AND DESIGNATE SPECIFIC PARKING AREAS FOR USE BY UNIT b ' ' �`,' - - „'? MY COMMISSION EXP/_RES: I./TI.i�� ITAR * - OWNERS A GUESTS'AND ,IMPOSE'REGULATIONS- FOR THE USE THEREOF. i 20 b' CA � / 1�` - rNOTARY�"� L—="`"Y� * `•••�/^�� 5: Co1EOWN 1f� FOR AREA`. SPAN � THE COMMON"AREAS SHALL BE MADE r ,j 7 1♦, - - - Y ASASUC!1L !N SHOWNEONYTNI(S"PUATRANO ASAND T FURTHERI It EDEFISTS NED ANDR A SPA DESIGNATEDK J •.J „ .J UNIT i • ., CO/N //,s•� u _\` �fi, �/•ry"��;+ IN THE 0E� LARATION., THE ASSOCIATION -MAY RELOCATE IRIS SPA AND DECK i I 3 f + _ - I-VINCENT J. HIGENS AS PRESIDENT OF PITKI IN CSUKf'/ rPN INC. DO - II ' CABIN AgEA o 3 TITLE EXAMINER'S CERTIFICATE UNIT • �•• RECEFTION AC WITHIN 7)E COMMON AREA AS IT DEEMS NECESSARY AND ADVISABLE AND 3 12 j • :.i�. -->: 44I278 REBY CERTIFY THAT I HAVE CAUSED AN EXAMINATION.TO-'Bc* E OF THE SEE E�CMOP94ON AREAS SMABE MADE �11 MAY IMPO REGULATIONS FORT .: HE 6. PE STRIAN PATH:" THE �,, CABIN +. r•. COMMON ' 3 CABIN ;u (.;r - PROPERTY AND BASED ON THAT EXAMINATION ALH HOLDING COMPANY- _.AVAILABL FOR A PEDESTRIAN'PAT AND W L WAY AND 'MAINTENANCE UNIT • • AREA SPA _ J UNIT c+ GUNNISON, INC...IS THE OWNER IN FEE SIMPLE OF THE PROPERTY FREE AND THEREOF VER AND ACROSS THOSE PORTIONS OF THE COMMON AREAS.' THE • 3 13 "• J� //�/ / - 16 'r CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT AS SHOWN AND DESCRIBED ASSOCIVI MAY RELOCATE THIS PEDESTRIAN PATH AS IT DEEMS NECESSARY """�� • / '! CABIN / �' V NCH' ('` c`� Ct% 1 ON THIS PLAT AND,IN TITLE C"I TMENT NO. PCT 6747P WHICH WOULD OR ADVIS BLE_ AND MAY " IMPOSE.AEGULATIONS FOR' THE USE THEREOF. / • �/ SUNIT - •� - ! _ + ADVERSELY AFFECT THE INTENDED USE OF THE PROPERTY TO WHICH - r'•r /♦ 14 CABIN f'\�� COMMON AREA 'A'L r,� _ DEDICATIONS AR MADE TO -THE PUB IC. - - 7. NAREA"A. THE AREA'SHOWN ON THE PLhT PAVp sUTj)ST • • _ � : '�•.,t Z "1 -DATED HE Y OF � , I999. AS 'C N AREA A• !FO BE MAINTAINED 8Y THE. • /�.• - ESSOCIMAENION ASTORAGE.. TSRT E RTH IN THE_DECLARATION FOR MECHANICAL 1'%EAII +?., • r / CABIN ♦ r V c 1 AN 0 AG ••J • UNIT • . n - S 73.09.,,, i • S 16 1 ,�• CABIN �• Q h - BYc - THE -ASSOCIATION SHALL OWN THE BOILER ROOM AND ITS CONTENTS ALA ` E 26y �`•.J = UNIT VINCENT J. N 7 WHICH SMALL BE USED FOR THE BENEFITS OF CABIN OU D 6: BO LER ROOM. Y UONC(ATSE13 THRIONUfi:C(A89N INCLUSIVE. o/ 3,9 J COLORADO q•O N, �� Q CX ® STATE OF 33. - ' 9.. RE ERVEO'OPEN SPACE:''- NO PARKING OR STRUCTURES SHALL BE PERMITTED COUNTY OF PITKIN ..1 - WITHIN T AT AREA WITHIN HOUSE UNIT,A DESIGNATED AS-.'RESERVED:.OPEN SPACE'. THE FOREGOING "TITLE EXAMINER'S' RT IFICATE HA LY. • ACKNOWLEDGED BEFORE !1E THIS DAY OF ,i 999 0 BY VINCENT J: HIGENS AS PR FPITKIN C OUNT Y TITLE, INC.. R�rTI�. 33000 OM Q•W' Q - 80 fLER ROOM 25947 WITNESS COMM MY WINO AND OFf tJtt• iE`AC'� - gy,}jgR p j�yq , PUNIC MY COMMISSION EXPIRES; S".A _ V: PLAT NOTES • # ) �1a6 y A " AL REFERENCES�TO THE RECORDED DOCUMENTS REFERRED TO RE—MER OF PITKIN COUNTY 7. CLERK AND RECORDER'S CERTIFICATE _ STATE OF COLORADO I SS COUNTY OF PITKIN I I HERE Y CERTIFY THAT THI INSTRUMENT WAS F4,ED IN MY OFF CE A O'CLOCX, .M. THIS DAY OF AN IS DULY RECO I AT 8ODK AT PA E AS RECEPTION NO. IN THE RECORD IN COUNTY, COLORADO. _ 00 '► PI I COUN ER A ORDER N t�� v a _1 MY C MY AND ANDS FFICIAL SE N ••, 00%, NOTARY m7M9^.4MLt,"81M ". THE REAL COLORADO NOT L 1 COF ESTATE RECORDS OF THE. CLERK ANO , . COIF V1: - SURVEYOR'$ NOTES. _ 4. COMMUNITY DEVELOPMENT :DIRECTOR -APPROVAL . - . I. OA E OF PREPARATION'AUGUST, 1999. - THIS PLAT IS HEREBY APPROVED 8Y THE COMMINITY D MENT. CTOR OF THE T'L OF ASPEN COLOIA. DQ, THIS_ DAY OF - 2 8E D�,�jpE Cj�tiB� RINDS ARE BASED ON NORTH LINE OP BLOCK 36 AS SHOWN PURSANf TO �LL.��II��,u OF THE NCNIC l.- DE 6F-THE,CfTY OF ASPEN. - 3. RE ORDER CASEMENTS AND RIGHTS OF WAYARE -SHOWN - -- ACCORD( - CASE NO. TO PITKIN'COUNTY TITLE INC. TITLE. 6747P,, EFFECTIVE DATE: f/0114. 4. TH Sr PROPERTY IS SUBJECT TO MINERAL RIGHTS AND RIGHTS OF WAY FOR UNITED S ITCHES OR,CANALS CONSTRUCTED BY THE AUTHORITY OF THE ATES.IN UNITED STATES PATENTS RECORDED IN BOOK AT PAGE 5. CITY ENGINEER'S APPROVAL. - �' S. I COLORAD ACCORDANCE WITH C.R.S. 3-60-105! NOTICE: ACCORDING TO LAW YOU MUST COMMENCEANY LEGAL ACTION BASED UPON ANY THIS PLAT IS HEREBY APPROVED FOR CONTENT AND FORM ONLY AND DEFECT I THE ACCURACY OF SURVEYS CALCULATIONS OR DRAFTING PURSUANT TO SUCH DE THIS SURVEY WITHIN THREE 131 YEARS AFTER YOU FIRST DISCOVER CT IN.NO EVENT MAY' ANY ACTION BASED UPON ANY DEFECT IN NOT C.R.S. 1973 36-51-1 AS AMENDED, HE ENGINEER O� THE CITY OF ASPEN, THISSURNEY COLORADO, THIS DAY OF x1arG/l—,—, ,j,1w LOGO THE CERTIFICATION BE COMMMORE THAN TEN (101 YEARS FROM THE DATE OF SHOWN HEREON. -/AL ATTEST:��A._. CLERK .. BY' - CITY ENGINEER - -" ,. - 6. SURVEYOR'S CERTIFICATE- " -I JOHN HOWORTH �A DULY REGISTERED PROFESSIONAL'-. ORAWI LJtNO SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS - INDEX - PLAT OF L'AUBERGE D'ASPEN' TRULY AND CORRECTLY REPRESENTS THE SHEET 1, SITE PLAN, CERTIFICATES RESULTS OF A SURVEY MADE UNDER MY DIRECT pg!R PONSIBILI TY SUPERVISION AND CHECKING WHICH SURVEY WAS PREPARED1i', ' ORDANCE WITH SHEET' , 51 OF TITLE 36 OF THE COLORA 0•. V, 13"6TATUTES AND THAT THIS UNIT DIMENSIONS PREPARED BY ; ARTICLE PLAT CONTAINS ALL THE INFORMATION D6 1�.COLORA00 REVISED A STATUTES 36-33.3-209. SURVEY PR R THAN 1:10,000. ASPEN SURVEY ENGINEERS,, I NC. DATE: COLORADO R OIS EKED PR OFESSIDRA = a JJ'i/ 210 SOUTH GALENA STREET .LAND SURVEYOR NO. 25947 71p - ASPEN, COLORADO 81611 n - Eta PHONE/FAX (970) 925-3816 DATE JOB SHEE 10/99 120341 IOF 2 MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director FROM: Joyce Ohlson, Deputy Director�-� RE:. Pitkin County Library Lighting Exemption DATE: November 14, 2000 SUMMARY: The Pitkin County Library would like to install two outdoor lights on the Mill Street Plaza (western entrance) that do not conform to the Outdoor Lighting Standards of the Land Use Code. The proposed lighting would utilize City light standards common to the downtown area. These standards are not downcast, but are recognized as the traditional lighting typology in downtown and, therefore, because of the typology, may be exempted from the lighting code provisions by the Historic Preservation Officer, when in the Downtown Historic District. Because the Library is outside of the Downtown Historic District (the Library parcel borders the District) the Historic Preservation Officer does not have the authority to consider this particular exemption. The Community Development Director may consider an exemption from the Lighting Code for lighting that demonstrates "community benefit." The Director may also refer such a case to the Planning and Zoning Commission for its recommendation to the Director. In this case, Staff is requesting such a referred decision from the P&Z. Staff believes the provision of two City light standards on the Mill Street Plaza represents a community benefit by identifying the entrance to the Pitkin County Library as a public space, an extension of the public areas where these light standards are commonplace. In fact, use of this light standard is a preferred alternative to lighting standards differing from the more traditional typology as this might create an aesthetic unfamiliar with other public spaces in town. The Historic Preservation Officer has raised a contrasting perspective that this light type is normally found along public rights of way, usually in a road -side planting strip and not usually found or appropriate for on -site lighting. Staff requests that the Planning and Zoning Commission provide its perspective and recommendation to the Community Development Director with focus on whether this lighting type is appropriate for the site and provides a "community benefit". APPLICANT: Pitkin County Library. LOCATION: 120 North Mill Street. ZONING: Public Specially Planned Area (PUB -SPA). REVIEW PROCEDURE: Section 26.575.150 Lighting, allows for the Community Development Director to approve lighting plans conforming with the provisions of said section or refer the lighting plan to the P&Z or the HPC, as deemed appropriate. Subsection H detail the types of lighting that may be exempted from the lighting code and includes the Director's ability (paragraph 6) to exempt lighting fixtures that have "demonstrable community benefit." STAFF COMMENTS: There are no specific criteria for determining whether an application represents a "community benefit." This lighting typology, however, is used throughout town in public areas, especially in areas of frequent pedestrian activity such as the downtown and Main Street. The traditional design of these fixtures characterizes civic spaces while private property typically employs more contemporary applications. Because the Mill Street plaza is the primary entrance and public fagade of the Pitkin County Library, this space is very much a part of the civic realm and should be developed as such. In this light, staff believes that the traditional City light standard could be appropriate for this plaza and found to be a "community benefit". I' 039►E___I► Staff recommends the Planning and Zoning Commission review the application and provide its recommendation to the Community Development Director for the exemption of the two City light standards proposed for Mill Street Plaza adjacent to the Pitkin County Library (west entrance). Staff is generally in favor of the proposal. PROPOSED MOTION: "I move to recommend approval of this exemption from the Lighting Regulations of the Land Use Code for two City light standards to be installed on Mill Street Plaza adjacent to the Pitkin County Library, finding that the siting, location and type of lighting will provide a community benefit." ATTACHMENTS: Exhibit A -- Application and drawing 2 JOt117 C. WHEELER - AIA AP<►iIT CTUPC & PLAnflln6 October 5, 2000 City of Aspen Planning Department 130 S. Galena St. Aspen Colorado 81611 JP,►�N L ... � Attn: Chris Bendon Dear Chris: The Pitkin County Library located at 120 N. Mill Street is requesting a review by appeal for the proposed light standards at the main entry plaza. The proposed light standards match the City of Aspen street lights with a single globe fixture. The lights were submitted to your office for review under the City of Aspen lighting ordinance. At that time the Historic Preservation Office took an exception to the light standards. We have since then photographed the standards in the proposed locations. Copies of the photographs have been delivered to your office along with a site plan showing the proposed locations. It is the Library Board's opinion that the light standards are appropriate for the entry plaza. There is one existing light standard at the Mill street corner as well as two light standards on the parking garage roof top plaza. It appears from the photographs that the two new additional light standards would visually tie this area together. Alternate fixtures for the Plaza have been reviewed however the alternate fixtures were not as acceptable. The Board has indicated a preference for the light standards as proposed We would appreciate a further review of this item by the Planning and Zoning Committee or the Historic Preservation Committee to consider this item further. Thank you for your consideration in this matter. Please contact me if you need additional information or if you have questions. Sincerely, RECEIVED John Wheeler AIA ASPEN / PITKIN COMMUNITY DEVELOPMENT �" 48 KATYDID LANE SNOWMASS COLORADO 81654 PHONE: 970 927 9765 FAX: 970 927 0778 Ki 0 APR-25-2000 14:05 WHEELER ARCHITECTURE W, All- C A A Pole top lurninaires with radius arm and pole fitter. Twin pole top luminaires at 1800. Triple pole top luminaires at 1201. Slip fits any 3' O.D. pole top. Specu)ar anodized aluminum reflector. Clear tempered glass. Color: Black. Note: 120V,l00W Metal Halide units reqvire ball2St location in base of S' butt pole. Lamp Lumen A 6 C 9364S Single 1 BOW E-17 HPS 4000 15 28A 43 Y3 9364MH Single 100W ED,1,7 101-1 8500 15 28% 431/a 9365� Single DOW 17 HPS 9500 20 '/,a 3 4 13/, a 9A 936$MH Single 1 %iv-w cD-17 VH • -14000 20 'A 341-1/is 491/3 9461i Ton, 2 50W E, 17 HPS 8000 15 62 V; 45 V4 9461�IH Twin' 2 100W ED-17 MH - 17000 15 62 V; 45 YL Twin 17 HPS 20-,A 76% 51 /a 9662S n 2 1OOW E 1 9GOO 9662mm ^ Twin :2 175W 5D- 17 MH 28000 207A 75% SVA 9561$ Triple 3 50W E, 17 HPS 12000 15 53Vi; 45'/, 9561 M,H Triple 3 10OW ED-17 MH 25500 15 531-1/11 451/! 9254$ Triple 3 10QV/ E,17 HIPS 29500 20'15 65%i 51A 9264MH TripLe 3 175W ED. 17 MH 42000 20 'A 6 54 5 1 Va Po(es for &'DovQ luminaires - See Fzge 217 IL r+aw,dlen ��{ �b� �1�;, 5,1C1 S-10. (ZS -rA IN w C, WALL IBM 1 '15:Xo U1 � 1 2 } W V, R g d W U + he ��� leg, Jill tg el to 3E WIN � ite 91 19 I fie A J5 d Ir [� 1 e X 11 �' Al F, ! s� � lb1p,R :57,4, MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director} FROM: Nick Lelack, Planne RE: Cemetery Lane Character Area Plan Work Session DATE: November 14, 2000 SUMMARY As a follow-up project to the AACP, the City is being divided into character area neighborhoods and individual meetings will be held to identify ways to meet neighborhood and, ultimately, overall community goals. The character area plan will be developed for each area of the City to identify issues that need to be addressed and to establish priorities for actions in the area. These areas will primarily be composed of neighborhoods, but may also include special character areas such as Main Street that cross several neighborhoods. An inventory of existing land use, public facilities and other area features, and proposed improvements will be mapped on GIS, creating a detailed database for the entire community. By the end of five years, staff would expect to have all neighborhoods completed, leading to a more area specific and comprehensive community plan when pieced together. This project will be on -going over five years with one or more character plans completed each year. Additional benefits to creating the plan may include: • Respond to local characteristics, needs, and problems. Because of the manageable size of most neighborhoods it is much easier to take a comprehensive look at existing conditions. Land use, building and site conditions, ownership patterns can be analyzed on a parcel by parcel basis. • Increase citizen participation in planning. The smaller geographic size means that from start to finish more people can be directly contacted and thus participate in the planning process. Participation is also facilitated by the shared concerns of many residents and the focusing of the plan on the issues that affect people on a daily basis. • Address a wider range of problems. This occurs because the problems addressed by a character area plan are those that have been selected by the people who participate in its development. There is- no up front intent to only deal with certain issues and not others. This flexibility ensures that a wider range of concerns can be addressed. • Improve the delivery of public services. Planning for the wide range of challenges faced by city neighborhoods includes involving the various departments and agencies of local government. Building these partnerships alerts the city to unique needs of neighborhoods and educates citizens about who to contact for service. • Results in more physical improvements versus general policy statements. This naturally evolves from the focus on more localized issues and problems. In general, character area plans are more specific about improvements that need to be made. This greater specificity makes implementation easier and quicker. NEIGHBORHOOD SELECTION & DESCRIPTION: CEMETERY LANE NEIGHBORHOOD In February 2000, Community Development staff met with City Council at a brown bag session to discuss which neighborhood should be selected for Aspen's first Character Area Plan. In February 2000, Staff proposed and Council agreed that the Cemetery Lane area, compared to other areas of the City, is relatively homogeneous, primarily resident occupied, lacking major development proposals under review, and ripe for redevelopment. The combination of these factors allows the residents to focus on creating a plan rather than responding to a pending development application. In addition, Community Development wanted to start with an area in the City that has not recently been studied in-depth such as the Commercial Core (Downtown Enhancement and Pedestrian Plan), Civic Center (Civic Center Master Plan), or West End (West End Traffic Study), to gain new information on the community. The Cemetery Lane Character Area is defined by natural and man made features. Specifically, the area can be described as the neighborhood west of Castle Creek, south of the Roaring Fork River, east and south of Red Butte, north and east of the Aspen Golf Course, and north of Highway 82. INVENTORY OF EXISTING CONDITIONS In Spring 2000, Community Development staff inventoried and mapped existing conditions in the Cemetery Lane area. Staff discussed the physical conditions to be inventoried and mapped with the other City departments at a Development Review Committee meeting in March. In April and May, staff completed the inventory and mapping phase of the project. The following conditions were inventoried and mapped: ♦ Land Use ♦ Structures ♦ Public Facilities ♦ Sidewalks, Curbs, and Gutters ♦ Streetlights ♦ Accessory dwelling units (ADUs) and accessory buildings ♦ Street Trees ♦ Driveways ♦ Parks and Recreation Amenities ♦ Deed restricted affordable housing units ♦ Historic Properties ♦ Bus Stops ♦ Speed Bumps/Humps ♦ Recreation trails ♦ Photos of Homes Defining Character of Neighborhood ♦ Historical Characterization ♦ Subdivision Documents NEIGHBORHOOD MEETINGS In June, the first Cemetery Lane Character Area Plan meeting was held to present the inventory presentation and identify issues important to neighborhood residents. Residents identified several major issues of interest and concern to them. These issues include the following: Traffic ♦ Street width should be varied to allow traffic calming and lessen the perception of a "thoroughfare" ♦ Manage speed control thru various means ♦ Increase signage for children's safety ♦ Street Parking should be limited and not interfere with recreation paths ♦ Improve street maintenance �1 Decrease and manage non-resident traffic volume ♦ Decrease and manage construction traffic ♦ Entrance divider at Cemetery Lane traffic light is difficult to see Parks, Bike Paths and Landscaping ♦ Implement Streetscape Plan ♦ Install more street trees along Cemetery Lane ♦ Develop Recreational Path from Silver King to Slaughter House Bridge ♦ Connect Cemetery Lane Recreational Path around the Golf Course ♦ Improve landscaping at Power Plant Road intersection ♦ Perform Weed Management in the public right-of-way and public open space ♦ Separate recreational paths from the street- utilize landscape strip ♦ Enhance children's amenities and parks ♦ Manage flooding of irrigation ditch Lighting and Utilities ♦ Need more street lighting on Cemetery Lane (not on side streets) & lights should be downcast and shielded to prevent glare ♦ Remove the short utility poles left from overhead power lines ♦ Improve stormwater drainage on streets Interface with City Hall ♦ Residents would like more action on neighborhood needs ♦ Generally increase enforcement efforts The majority of issues identified during the first meeting concerned the Cemetery Lane streetscape plan, trails, and traffic flow through the area. To respond to residents immediate concerns, representatives from the Streets, Parks, Utilities, and Police Departments discussed existing and future plans for the area at the second meeting in mid -July. The main issue discussed was the development and implementation of the Cemetery Lane streetscape plan, which will be funded by the 1999 Sales Tax Revenue Bonds. Aspen's Park's Department notified residents that Park planners and landscape architects will begin working on the plan this fall with Cemetery Lane area residents. The purpose of the improvements is to restore the country lane atmosphere of Cemetery Lane. Specifically, the plan is expected to include landscape improvements, including street trees; drainage improvements; an 8- to 10-foot wide detached bicycle/pedestrian lane, access to the Henry Stein Park via a new pedestrian bridge or improvements to the existing bridge; traffic calming improvements, such as road realignments, bottlenecks, and/or speed humps; and safe pedestrian road crossings. The third meeting in mid -August focused on the application of the City's residential design standards to the Cemetery Lane area, as well as a presentation of house size analysis and meeting 2 survey results. City Council and several City review boards have expressed interest in revising the residential design standards in a manner that tailors them to each neighborhood. During this meeting, Community Development staff presented the residential design standards through an in-depth PowerPoint presentation, discussion, and question and answer session. Then, the residents voted on a scorecard sheet on whether they thought the standard was important or not important for their area. Residents favored the elimination of about half of the standards for their neighborhood. Staff is now preparing a draft plan to present to neighborhood residents, as well as additional clarifying questions. After review by the residents, Staff will present the plan to the Planning and Zoning Commission and City Council for adoption. PLANNING & ZONING COMMISSION DIRECTION Staff is interested in the Commission's input on the project thus far, additional areas of interest that the Commission would like to see included in the plan, or any additional questions for the neighbors. This map shows the area surrounding Cemetery Lane included in this plan.