HomeMy WebLinkAboutagenda.council.regular.20160321
CITY COUNCIL AGENDA
March 21, 2016
5:00 PM
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT scheduled for a public hearing. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #22, Series of 2016 - LED Lighting Replacement in Recreation
Facilities
b) Resolution #34, Series of 2016 - Mill Street Complete Streets - ADA/Alley north of
Library Construction Contract with FCI Constructors, Inc.
c) Resolution #33, Series of 2016 - Change Order to Mill Street Storm Water and
Water Line Improvement Project: Waterline Relocation with Aspen Digger, Inc.
VII. Notice of Call-Up
VIII. First Reading of Ordinances
a) Ordinance #5, Series of 2016 - Rubey Subdivision Water Service Agreement
IX. Public Hearings
a) Ordinance #6, Series of 2016 - 730 E. Cooper Ave. (Base1), Ordinance
Amendment
X. Action Items
a) Resolution #35, Series of 2016 - Shadow Mtn Lodge addition to Small Lodge
Preservation Program
XI. Executive Session
a) C.R.S. 24.6.402(4)(a) purchase, lease, transfer or sale of property, (b) conference
with attorney for the local public body for the purposes of receiving legal advice
on specific questions and (e) determining positions relative to matters subject to
negotiation relating to purchase, lease, transfer or sale of property
XII. Adjournment
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Next Regular Meeting April 11, 2016
COUNCIL’S ADOPTED GUIDELINES
• Make Decisions Based on 30 Year Vision
• Tone and Tenor Matter
• Remember Where We’re Living and Why We’re Here
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: TIM ANDERSON, RECREATION DIRECTOR
THRU: JEFF WOODS, MANAGER OF PARKS &
RECREATION
DATE OF MEMO: MARCH 1ST, 2016
MEETING DATE: MARCH 14th, 2016
RE: LED LIGHTING RETRO-FITS
REQUEST OF COUNCIL: Staff is requesting approval of the attached contract with Financial
Energy Management in the amount of $142,019.27 (attachment “A”). This contract is for the
installation of LED lighting in the Lewis Ice Arena, Aspen Ice Garden, and Red Brick Gym. A
matching funds grant has been received from CORE in the amount of up to $75,000 to assist
with this project (see attachment “B”). The installation of LED lighting takes strides towards
meeting the City of Aspen Canary Initiative Goals.
BACKGROUND: In 2013 staff requested proposals from qualified firms for the purpose of
energy assessment of recreation facilities. The specific focus was on LED lighting and the
potential for energy savings in recreation facilities. Financial Energy Management was hired to
assess potential energy saving opportunities, provide options, quantify savings in both financial
and energy, and provide the installation of recommended equipment.
Through a CORE grant of matching funds in 2015, the City of Aspen retro fitted lighting in the
ARC, Aspen Ice Garden and Red Brick Recreation offices with LED lighting. That phase of
installation was specific to office lighting, common areas and pool lighting only.
DISCUSSION: The attached contract with Financial Energy Management is once again for the
retro fitting of LED lighting to recreation facilities. Specifically, we will be addressing the
sports lighting directly over the ice in the Lewis Ice Arena, the Aspen Ice Garden, and the Red
Brick Gym.
Once again we have been awarded a CORE matching funds grant to assist in the accomplishment
of this project. CORE will match up to 50% or $75,000 of the costs to complete this retro fit.
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Staff has worked with Financial Energy Management and contacted other ice rinks in the U.S.
and Canada regarding the use of LED lighting. Staff have found other rinks to be quite satisfied
with the implementation of such lighting and find it to be even better than past technologies.
Financial Energy Management placed a couple of test bulbs with different spectrums at the
Aspen Ice Garden so we could select the LED lighting which users preferred.
FINANCIAL/BUDGET IMPACTS: The estimated savings on utility expenses is $16,267
annually based upon current rates and as identified in exhibit “A” below. The simple payback is
8.73 years.
Exhibit “A”
ENVIRONMENTAL IMPACTS: While the reduction in utility costs is important, the focus of
this project and reasoning for the CORE grant was directed more towards the Canary Initiative
and a reduction of carbon emissions. The metric tons are identified in Exhibit “A” above. These
CO2 reductions are equal to:
• 17.1 Passenger Vehicle emissions for 1 year
• 4.2 Garbage trucks of waste recycled rather than going to the landfill.
• 7.4 average homes annual energy use
RECOMMENDED ACTION: Staff and CORE recommend funding this contract as the cost
will be split 50/50 by the City and CORE. Furthermore, the LED installations addressed in this
contract address established Canary Initiative goals.
ALTERNATIVES: Alternatives are limited at this time if Council wishes to continue pursuing
Canary Initiative Goals. Financial Energy Management has completed an exhaustive study and
calculations to ensure we are receiving the best return on our investment. Alternatives could be:
• Hold off and see if technology significantly changes in the next 3 to 5 years.
• Hold off and fold this project in with other city facilities that might be ready for
upgrades.
Coal Equialent
Total Estimated Total Total Metric Tons Savings Savings Metric Tons
Installed Utility Net Net Simple kWh btu CO2 Over to Investment CO2
Option Cost Rebate Cost Savings Payback Savings Savings Reduction Life Ratio Reduction
Option 2 $ 142,019 $ - $ 142,019 $ 16,267 8.73 117,458 4.009E+08 91.50 $ 314,441 2.25 110.85
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PROPOSED MOTION: I, Council Member Name , motion to approve
resolution #22, a contract with Financial Energy Management for energy efficient improvements
to recreation facilities.
CITY MANAGER COMMENTS:
ATTACHMENTS:
“A” Financial Energy Management Contractual agreement
“B” Confirmation of grant award from CORE to City of Aspen
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Attachment “A”
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Attachment “B”
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C:\Program Files (x86)\Neevia.Com\Document Converter\temp\8611.doc
RESOLUTION NO. 22
Series of 2016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT WITH FINANCIAL ENERGY MANAGEMENT FOR
THE PURPOSE OF INSTALLING LED LIGHTING IN CERTAIN RECREATION
FACILITIES, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there exists between the City of Aspen and Financial Energy
Management; a mutual interest in providing LED lighting for the Lewis Ice Arena, Aspen
Ice Garden and Red Brick Gymnasium;
AND WHEREAS, the City of Aspen has adopted certain Canary Initiative Goals
which this contract addresses;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves this contract for the
installation of LED lighting in certain recreation facilities; and does hereby authorize the
Mayor or City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 22nd day of March, 2016.
__________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
__________________________
Linda Manning, City Clerk
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MEMORANDUM
TO: Mayor and City Council
FROM : Justin Forman, P.E., Senior Project Manager
THRU: Trish Aragon, P.E., City Engineer
DATE OF MEMO: March 14th, 2016
MEETING DATE: March 21st, 2016
RE: Mill Street Complete Streets: ADA/Alley North of Pitkin County Library
Construction Contract (Resolution #34, Series of 2016)
SUMMARY: Staff recommends Council approve the Mill Street Complete Streets: ADA/Alley North
of Pitkin County Library improvements contract with FCI Constructors, Inc. in the amount of
$72,818.00.
BACKGROUND: This project follows the ideals of The City of Aspen Civic Master Plan (CMPAG)
adopted by City Council in December 2006. The Plan states:
“Aspen’s future should be one in which the automobile plays a smaller role in people’s
everyday lives. Other modes of travel should be made as safe and convenient as possible to
facilitate that goal…the level of investment in…more and better bikeways and walkways
should increase.”
This project is part of the phased implementation of the North Mill Street Complete Streets
Project. To date, staff has completed the zone from Rio Grande Place to Puppy Smith Road
minus the permanent island. The permanent island will be installed later this summer. The Mill
Building and Galena Plaza Alley will be finishing their improvements this year.
The ADA/alley improvements proposed in this Memo include the work the City agreed to with
the County to complete roadway and alley changes needed for the Library improvements. The
Pitkin County Library will be completing their portion of the Complete Streets project this
spring. To accommodate the Library improvements, new grade changes are required for the
alley and ADA ramp to the north of their property. Staff determined that it is most beneficial to
work on the City improvements concurrently with the County improvements to assure proper
ADA requirements are met, assure proper drainage and reduce the total cost.
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The current schedule for this phase of the project is from April 4th to May 9th (weather
dependent). Proposed construction is scheduled to coincide with the spring shoulder season in
an effort to minimize disruption to the community. Two lanes of traffic are expected to be
maintained during this construction. Periodic closures to the Rio Grande garage alley are
anticipated. The sidewalk will be closed in this corridor during the construction, however there
will be full sidewalk access along the west side of Mill Street to allow safe pedestrian
movement.
Staff utilized the proposal provided by the contractor who is currently working on the Pitkin
County Library. The proposal implemented their competitive bid prices to yield the greatest
economies of scale, minimize disturbance, and produce the highest quality finished product. The
contractor used for this project will be FCI Constructors, Inc.
DISCUSSION: The Mill Street Complete Streets: ADA/Alley North of the Library Project uses the
Pitkin County Library construction bid prices from FCI Constructors, Inc. established during Pitkin
County’s competitive bid process.
The construction bid for this project is summarized below:
FCI Constructors, Inc. $ 72,818.00
Staff evaluated the bid in the best interests of the City of Aspen. In making that evaluation, total price,
key project staffing, project experience, specialty work experience, subcontractor’s experience and
criteria set forth in bidding documents were used to make the selection. Staff determined FCI
Constructors, Inc. was responsive to the evaluation criteria and could complete the scope of work
outlined for this project. Staff recommends that it is in the City’s best interests to award the final
construction contract to this vendor.
FINANCIAL IMPLICATIONS:
Future and past projects along Mill Street are efforts to reduce overlapping construction and create
economies of scale for all projects in the corridor. With all of the work being performed in the Mill
Street corridor, staff intentionally allocated limited funds allowing the scope and involvement of other
projects in the corridor to guide future funding determinations for later phases of the project. This
scheduling assessment of future phases is intended to reduce overlap and mitigate construction impacts
of this heavily traveled corridor.
Funding Allocated
Mill Street Complete Streets Project (000.15.94077) $1,067,347.82
Previous Expenditures
Mill Street Complete Street Survey, Planning, Public Outreach, Phase II, Design $799,432.48
Current Funding Remaining $267,915.34
2016 Expenditures
FCI Constructors, Inc. Construction Bid- Alley/ADA North of Library $72,818.00
Contingency – 10% $7,281.80
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Total Funding Remaining $187,815.54
RECOMMENDATION: Staff recommends Council approve the Mill Street Complete Streets:
ADA/Alley North of Library contract with FCI Constructors, Inc. in the amount of $ 72,818.00.
PROPOSED MOTION: “I move to approve Resolution No. 34, Series of 2016.”
CITY MANAGER COMMENTS:
Attachment A: Construction Contract – FCI Constructors, Inc.
Attachment A: Mill Street Complete Streets: Library Plan Set
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RESOLUTION # 34
(Series 2016)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND FCI CONSTRUCTORS, INC. AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for Mill
Street Complete Streets: ADA/Alley Improvements North of Library project,
between the City of Aspen and FCI Constructors, Inc. a true and accurate copy of
which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Mill Street Complete Streets: ADA/Alley Improvements North of Library
project, between the City of Aspen and FCI Constructors, Inc., a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 21st day of March, 2016.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, March 21, 2016.
Linda Manning, City Clerk
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MEMORANDUM
TO: Mayor and City Council
FROM : Justin Forman, P.E., Senior Project Manager
THRU: Trish Aragon, P.E., City Engineer
April Long, P.E., Stormwater Manager
Tyler Christoff, P.E., Deputy Director of Utilities
DATE OF MEMO: March 14th, 2016
MEETING DATE: March 21st, 2016
RE: Mill Street Storm Sewer and Water Main Improvement Project: Change Order
for Waterline Relocation Construction Approval
SUMMARY: Staff recommends Council approve the change order with Aspen Digger, Inc to perform
a waterline relocation in the amount of $181,409.00.
BACKGROUND: This project is part of the Mill Street Storm Sewer and Water Main
Improvement Project that was performed in 2014. This project included the installation of a
stormwater treatment vault, pipe infrastructure, electric conduit, potable water line and a raw
water line.
During the installation of the stormwater treatment vault located near the Mill Street parking lot
entrance to Community Banks, it was discovered that the proximity of gas, water, sanitary
sewer and stormwater utilities produced unacceptable separation distances. Based on these
field conditions and the storm system’s reliance on gravity to flow, the storm utility
infrastructure is currently located directly above the existing waterline. This configuration
creates an undesirable long term condition for the water line as it does not meet standard
separation distances. Due to construction season coming to an end, Engineering and Utilities
decided it was in the best interest of the project to finish the stormwater improvements and
relocate the waterline in the spring of 2015. In 2015, there were multiple City and private
development projects along Mill Street that prevented a safe relocation of the waterline. All
other items associated with the project are complete.
DISCUSSION:
This project will be a change order to the existing Mill Street Storm Sewer and Water Main
Improvement Project with Aspen Digger, Inc. that Council approved in 2014.
The change order received is summarized below:
Aspen Digger, Inc $ 181,409.00
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The City staff evaluated the quote in the best interests of the City of Aspen. In making that evaluation,
total price, key project staffing, project experience, specialty work experience, subcontractor’s
experience and criteria set forth in bidding documents were used to make a selection. Staff determined
Aspen Digger, Inc. was responsive to the evaluation criteria and would provide good value for this
project. Staff recommends that it is in the City’s best interests to award the change order to this
vendor.
FINANCIAL IMPLICATIONS:
Funding
Mill Street Utility Improvement (000.15.95180) $ 69,865.00
Stormwater Funding (160.94.94121) $ 82,000.00
Utilities Funding (421.94.95534) $ 25,000.00
Mill Street Complete St reets (000.15.94077) $ 14,000.00
Total Funding $ 190,865.00
Expenditures
Aspen Digger, Inc. – Change Order $ 181,409.00
Contingency – 5% $ 9,070.45
Total Expenditures $ 190,479.45
RECOMMENDATION: Staff recommends Council approve the waterline relocation change order
for Mill Street Storm Sewer and Water Main Improvement Project with Aspen Digger, Inc. in the
amount of $ 181,409.00.
PROPOSED MOTION: “I move to approve Resolution No. 33, Series of 2016.”
CITY MANAGER COMMENTS:
Attachment A: Change Order #1 – Aspen Digger, Inc.
Attachment B: Waterline Relocation Plan Set
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RESOLUTION # 33, Series of 2016
(Reference Resolution # 51, Series 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ASPEN DIGGER INC. AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for Mill
Street Storm Water and Water Main Improvement Project: Waterline Relocation
project, between the City of Aspen and Aspen Digger Inc., a true and accurate
copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Mill Street Storm Water and Water Main Improvement Project: Waterline
Relocation project, between the City of Aspen and Aspen Digger Inc., a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 21st day of March, 2016.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, March 21, 2016.
Linda Manning, City Clerk
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MEMORANDUM
TO: Mayor and City Council
FROM: Debbie Quinn, Assistant City Attorney; Cynthia Covell, Water Counsel
THRU: Jim True, City Attorney; Scott Miller, Director of Public Works, David
Hornbacher, Director of Utilities and Environmental Initiatives
DATE OF MEMO: March 16, 2016
MEETING DATE: March 21, 2016
RE: Rubey Subdivision: Water Service Agreement
_____________________________________________________________________________
REQUEST OF COUNCIL: Council is requested to approve on first reading an ordinance
approving and authorizing the Mayor and City Clerk to execute a Water Service Agreement with
the owners of the five lots that make up the Rubey Subdivision, on Red Mountain. This is an
opportunity to formalize the terms of existing treated water service that Aspen has provided for
decades to some of the lots in this subdivision, and to provide for water service to currently
unserved lots, and lots seeking additional service consistent with their County-approved
development plans.
PREVIOUS COUNCIL ACTION: In 1967, Council approved a contract with developers for
construction of water system infrastructure to serve up to 200 single-family residences (3/4”
taps) on Red Mountain north of the city limits. This agreement also provided for the City’s
contribution to the cost of construction. At the time, Aspen already served twelve lots, including
William Rubey’s home, located on what is now lot 5 of the subdivision, built in 1965. The 1967
agreement provided that the twelve existing customers could use the new system without
payment of other fees. The history of the construction and use of this 1967 water system
infrastructure is not complete, as noted below. There was no council action in connection with
the construction of city infrastructure for the Rubey Subdivision after it was approved by the
county in 1976. In 1984, the Mayor was authorized to enter into an easement agreement for the
benefit of the City for additional water system infrastructure located within the Rubey
Subdivision.
BACKGROUND: The 1967 agreement predates Aspen’s home rule charter, adopted in 1970,
which requires an ordinance in order to extend water service beyond City boundaries. After
1970, at least one home was built in what is now the Rubey Subdivision, but no ordinance was
enacted. In 1975, Pitkin County approved a sketch plan Rubey Subdivision, which determined
that project would be served by City water. The plan references a City Engineer letter setting
forth conditions of service, but no copy has been located. The County approved the subdivision
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in 1976, although the final plat was not signed by the City. During this time period, Aspen had
also agreed to provide water service to other areas of Red Mountain.
Some of the system infrastructure to serve Rubey Subdivision was constructed in 1976, and
transferred to the City. Additional infrastructure was built in 1984 pursuant to the 1984
Easement Agreement. The records do not contain further details of these transactions, and do
not confirm that the City was provided as-built locations or accepted conveyance of the
infrastructure. However, since then the City has operated and maintained the water system
infrastructure, provided water service to different homes and remodels within the Rubey
Subdivision, and made agreements to obtain and relocate easements.
In 2006, the County approved minor plat amendments for lots within the Rubey Subdivision.
These required, among other things, an amended plat identifying all City water facilities,
approval of a Water Service Agreement from Aspen City Council, and payment of all applicable
fees. County Resolution 125-2006 granted 15 year vested property rights, finding that the Rubey
Subdivision provided significant benefits to the County: “the option to purchase Lot 6 of the
subdivision, where the Williams Woods affordable housing project was subsequently developed;
the conveyance of Lot 7 to the County, which was later included with the hospital property that
was redeveloped into the Common Ground affordable housing project; the conveyance of two
parcels to the County for the right-of-way for Red Mountain Road; and the dedication of a 15’
trail easement across the lots where a portion of the Hunter Creek Trail is now located.”
The County vested rights and the 2007 Development Agreement for Rubey Subdivision provide
vested rights for the approvals (which have the conditions listed above for City water) and for
specifically defined 15,000 square feet of floor area, as determined by the definitions in the
County land use code, and include the lot owners’ agreement not to petition the City for
annexation. However, the Development Agreement provides that if the City requires annexation
as a condition of water service, the owners agreed that the lots would remain subject to and
would only be developed in accordance with the requirements and provisions of the then-
effective Pitkin County Land Use Code, as amended by the Development Agreement.
In 2009, the water department authorized a small caretaker unit on Lot 1, acknowledging that
service for Lot 1 existed since the early 80’s. This letter required a Utility Connection Permit-
Water Service Agreement for this unit, and states that the City will not assess a tap fee for the
existing service, although it has no record that a tap was paid, and therefore there would be no
tap fee credit in the event of a substantial rebuild or remodel of the then-existing residence.
The status of City water service within the Rubey Subdivision currently is as follows:
Lot 1: H. Baar Trust, owner, billed to H. Baar, 334 Red Mountain Road, and R. Baar, 332 Red
Mountain Road, 2.28 ECUs two separate meters
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Lot 2: Red Mountain Estates LLC (service previously billed to Robert Rubey) 362 Red
Mountain Road, -1.86 ECUs
Lot 3: Marian Rubey Trust, owner, no current service
Lot 4: Lot 4 Rubey Subdivision , LLC, owner, no current service
Lot 5: numerous owners, billed to Marian Davis, 322 Red Mountain Road, 2.84 ECUs
Some of the lot owners within the Rubey Subdivision now wish to develop the homes authorized
by the Pitkin County Development Agreement. Staff has determined that it is appropriate to
develop a Water Service Agreement for service to all five lots of Rubey Subdivision in order to
confirm and formalize the terms and conditions of City water service to this subdivision, in light
of the long period of service to this subdivision, and the need to have a single agreement for
provision of water service to all lots within the Rubey Subdivision.
DISCUSSION: Staff has spent considerable time, both independently and in consultation with
representatives of the Rubey Subdivision lot owners, investigating historical records to determine
the terms and conditions on which the City now provides water service to the Rubey
Subdivision, and which may inform provision of water service in the future, as the lot owners’
development approvals are implemented. Staff and representatives of the Subdivision’s lot
owners have developed a proposed water service agreement (attached hereto) that is intended to
address provision of water service to the Rubey Subdivision, including recognition that City
treated water service has been provided for many decades, that certain tap fee credits and other
credits should be available to some lot owners, that certain as-built easements must be finalized
and recorded, and that the lot owners have historically used private untreated water supplies for
irrigation and amenities. Moreover, the proposed agreement is intended to set forth the parties’
agreement as to past transactions and their consequences, and potential future annexation of the
subdivision. The Water Service Agreement is timely, as it will define the terms and conditions
of City water service to this subdivision currently, and in the future as the vested rights and
Development Agreement are implemented by the lot owners.
FINANCIAL/BUDGET IMPACTS: The lot owners have agreed to reimburse the City’s
consultants and staff for time already involved, and to be involved, in preparing and reviewing
the Water Service Agreement. In addition, the lot owners will, at their cost, obtain and record
the needed easements for water system infrastructure, and, if necessary, relocate certain
infrastructure on private property if an easement cannot be obtained. The tap fees, payment in
lieu of water rights, and well system development fees provided for in the Water Service
Agreement will be subject to certain credits consistent with the Code and prior City agreements
regarding this subdivision.
ENVIRONMENTAL IMPACTS: Continued service to existing uses at the Rubey Subdivision
will not generate new environmental impacts. The environmental impacts of the vested rights
and Development Agreement that were granted by the County in 2007 were considered in that
approval process. The County noted a particular benefit in the dedication of a 15’ trail easement
across the lots where a portion of the Hunter Creek Trail is now located. The Water Service
Agreement also includes a provision that future development of these lots will comply with the
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City’s Urban Runoff Management Plan whether or not annexation occurs, which will also
minimize stormwater impacts.
CONSISTENCY WITH POLICY RESOLUTIONS: Resolution No. 5 (Series of 1993) and
subsequently amended by Resolution No. 49 (Series of 1993) provides guidance in providing
water service outside of the City boundaries, and identifies implementation steps. Staff has
determined that the service to be provided under the Water Service Agreement meets the
requirements of Resolution No. 5. Locating existing infrastructure and finalizing easements will
indirectly improve the water delivery capacity of the system and not adversely impact services to
existing water system users. The City has sufficient water and water treatment capacity to
provide the new or expanded service without jeopardizing water reserves and the treatment
facilities. The water service to be provided will not result in an operational financial deficit nor
will the required capital costs, if any, be borne by the City.
A dedication of water rights is not provided for; instead, the lot owners will make a payment in
lieu of water rights for additional service. This subdivision has historically been irrigated with
raw water supplies owned by the lot owners, despite the long-standing delivery of treated water
service by the City. Staff has determined that in this unique case, it is appropriate to permit
continuation of the lot owners’ current and historical practice of using their own untreated water
supplies for irrigation and other amenities, consistent with Colorado water law. The Water
Service Agreement limits treated water irrigation to 3,000 square feet per lot, and requires a
payment in lieu of water rights for expanded service.
Resolution No. 5 also requires consistency with the Aspen Area Community Plan and an
agreement to annex the served property if requested by the City. A memorandum from the
City’s Community Development Department that includes the Aspen Area Community Plan
review is attached. The annexation provisions in the proposed water service agreement were
developed jointly by the Community Development, Engineering, and Building Departments and
the City Attorney’s office.
RECOMMENDED ACTION: Council is requested to adopt on first reading Ordinance No. 5,
Series of 2016, to hold a second reading and hearing as provided by the Code, approving the
Rubey Subdivision Water Service Agreement and authorizing the Mayor and City Clerk to
execute the Water Service Agreement with the owners of the Rubey Subdivision lots, in
substantially the form provided with this memo and to be attached as Exhibit A to the Ordinance.
ALTERNATIVES: The Council may decline to authorize a Water Service Agreement. This
will result in uncertainty as to current City water service obligations to the Rubey Subdivision,
and the possible inability of the Rubey Subdivision lot owners to develop their vested rights,
inasmuch as their current county approvals require a City Water Service Agreement.
PROPOSED MOTION: “I move to approve Ordinance No. __, Series of 2016, approving the
Water Service Agreement with owners of lots within the Rubey Subdivision, in substantially the
form attached as Exhibit A, subject to final approval by the City Attorney.”
CITY MANAGER COMMENTS: _______________________________________________
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_____________________________________________________________________________
_____________________________________________________________________________
ATTACHMENTS:
- Community Development Staff Memo dated November 16, 2015
- Ordinance No. 5, Series of 2016
- Proposed Water Service Agreement (without Exhibits)
- Exhibits to Water Service Agreement
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Page 1 of 3
MEMORANDUM
TO: Mike McDill, Deputy Utility Operations Director
THRU: Chris Bendon, Community Development Director
FROM: Jennifer Phelan, Deputy Planning Director
RE: Rubey Subdivision, request for water service
MEMO DATE: November 16, 2015
____________________________________________________________________________
APPLICANTS:
HBaar, LLC (Lot 1); Robert Neal Rubey Trust
(Lot 2); Marian Rubey Trust (Lot 3); Rubey
Subdivision, LLC; (Lot 4); Hunter Curtis Baar,
Robert Neal Rubey Trust, and Marion Rubey Trust
each own an undivided one-fourth interest and
Robert Bonner Rubey, Karen Elizabeth Rubey
Bering, and Catherine Bonner Rubey McMurty
each own an undivided one-twelfth interest in Lot
5.
LOCATION:
Rubey Subdivision is a seven lot subdivision
located within Pitkin County and accessed via Red
Mountain Road. Only five lots are included in the
request.
SUMMARY:
The subdivision is located outside the city’s
jurisdictional boundary but is requesting to
be served by city water. The request for water
service is expected to meet certain standards
previously adopted by the City Council.
PROJECT BACKGROUND:
Rubey Subdivision consists of seven lots that were approved in 1976. Two of the lots were
conveyed to the county (now the location of Williams Woods housing) and the balance of the lots
can be developed with a single family residence and accessory dwelling unit each. Three of the
lots currently have residences located upon them and have City water service. In 2007, a
development agreement was entered into between Pitkin County and the property owners outlining
the development allowances for the lots and providing vested rights until 2021. A city water main
and pump station are located within the subdivision pursuant to a 1984 easement agreement with
the City.
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Page 2 of 3
Figure 1: Rubey Subdivision
Resolution No. 5 (Series of 1993) and subsequently amended by Resolution No. 49 (Series of
1993) provides guidance in water system development and services. As part of the resolution, a
‘Statements of Policy’ requires “the extension or expansion will be consistent with and further
the goals of the Aspen Area Community Plan and those growth management regulations
adopted pursuant thereto.” The document also includes multiple ‘Policy Goals’ inclusive of
Goal 7, which states that a policy is “to accommodate only such community and area growth
and land uses as are consistent with the planning goals and standards as adopted by the City
of Aspen and Pitkin County and which do not require new water treatment facilities or the
expansion of the existing water treatment plant capacities.” The resolution also has
implementation steps including, “there is sufficient water treatment capacity to provide the
new or expanded service without jeopardizing water reserves and the treatment capacities
necessary for the build out of areas where service is already provided or where service is
contemplated with the Aspen Area Community Plan” and “no extension or expansion of
service shall be approved without the prior execution of a written water service agreement
incorporating a contractual obligation on the part of the user to annex the property
Lot 1 Lot 2
Lot 3
Lot 4
Lot 5
City
Boundary
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Page 3 of 3
benefitted by the water service to the City of Aspen if such property is contiguous or becomes
contiguous to the City and the City determines such annexation is desirable.”
In sum, the provision of service takes into consideration the city’s land use goals inclusive of the
Aspen Area Community Plan (AACP) and does consider the potential for annexation of the subject
property as a requirement of service.
COMMUNITY DEVELOPMENT DEPARTMENT COMMENTS:
The Community Development Department has been requested to submit a response to the Water
Service Application by the Utilities Department.
Consistency with the AACP: The 2012 AACP does not directly comment on areas for water service
outside the municipal boundary. The subject lots are located within the Urban Growth Boundary,
which complements the community goals of “maintain a UGB to ensure development is contained
and sprawl is minimized.” Staff does note that the vested approvals allow for five single family
homes and five accessory dwelling units with each lot being allowed 15,000 sq. ft. of Floor Area,
generally in excess of city allowances.
Obligation to annex: City Council is the sole decision making body in deciding whether annexation
is desirable and whether it should be required as a condition of service. The Applicants have
requested that the annexation provision be waived noting that a county development agreement
intended for the lots to remain in the county and noting that not all of the lots have the required
boundary contiguity to annex. Contiguity with the municipal boundary is not an issue for
annexation as lots 4 and 5 are already contiguous and the lots can be annexed consecutively,
which will create contiguity for the subsequently annexed lots.
The county approved development agreement does note that the applicants shall not petition to
annex into the city, but if required to annex “shall remain subject to and shall only be developed
in accordance with the requirements and provisions of the then-effective Pitkin County Land Use
Code.” This requirement is unenforceable by the county and is of concern to the Community
Development department as it is difficult to enforce another jurisdiction’s rules and regulations.
At the very least Council should consider:
1). Requiring the applicant to annex now as a condition of service; or
2). Requiring the applicant to consent to annexation at any time in the future when the City
desires the property to be annexed.
Under either circumstance, Council should consider a limitation on the county approval, either:
a.) Memorialize the dimensional allowances permitted (specifically Floor Area) by the
county but require the development to be reviewed under the allowances and limitations of the
city’s land use code and municipal code during the vesting period. Once the county vesting
period has expired any future development should meet the city’s land use regulations inclusive
of Floor Area allowances.
or
b.) Require that the lots meet the city’s development standards after annexation.
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ORDINANCE NO. 5
Series of 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A WATER SERVICE AGREEMENT WITH OWNERS OF LOTS WITHIN
RUBEY SUBDIVISION, NAMELY, HBAAR, LLC, A COLORADO LIMITED LIABILITY
COMPANY (LOT 1); RED MOUNTAIN ESTATES LLC, A COLORADO LIMITED
LIABILITY COMPANY (LOT 2); MARIAN RUBEY TRUST (LOT 3); LOT 4 RUBEY
SUBDIVISION, LLC, A COLORADO LIMITED LIABILITY COMPANY (LOT 4); HUNTER
CURTIS BAAR, ROBERT NEAL RUBEY TRUST, AND MARIAN RUBEY TRUST (AS TO
AN UNDIVIDED ONE-FOURTH INTEREST EACH) AND ROBERT BONNER RUBEY,
KAREN ELIZABETH RUBEY BERING, AND CATHERINE BONNER RUBEY
MCMURTRY (EACH AS TO AN UNDIVIDED ONE TWELFTH INTEREST) (LOT 5), AND
MARIAN NEAL RUBEY DAVIS (LIFE ESTATE IN LOTS 1, 3, 4 AND 5) FOR PROVISION
OF TREATED WATER SERVICE OUTSIDE THE CITY LIMITS.
WHEREAS, Rubey Subdivision consists of seven lots that were approved in 1976, two of
which were conveyed to Pitkin County, three which currently receive City water service, and two
of which are undeveloped; and
WHEREAS, certain City water infrastructure was constructed within the then-exisiting
Rubey Subdivision in 1976, which infrastructure has been operated by the City without written
easements or agreements approved by the City; and
WHEREAS, a City water main and pump station are located within the subdivision
pursuant to a 1984 easement agreement with the City; and
WHEREAS, in 2007, Pitkin County and owners of the five private lots entered into a
development agreement which established development rights for the lots and granted vested
rights until 2021; and
WHEREAS, development of the lots within the Rubey Subdivision pursuant to the 2007
development agreement will require expanded municipal water service for the Rubey Subdivision,
but will not require construction or installation of new water mains or other water system
infrastructure except as may be necessary to relocate portions of pipeline within an easement; and
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WHEREAS, the City and the lot owners have negotiated a Water Service Agreement that
recognizes water service that has been historically provided to certain lots within the Rubey
Subdivision, addresses the lack of a complete historical record of the parties’ respective rights and
obligations to each other, confirms the scope and extent of treated water service currently being
provided within Rubey Subdivision; and establishes terms and conditions for provision of
additional treated water service to the lots consistent with the development agreement; and
WHEREAS, the lot owners wish to obtain expanded municipal water service from the City
to serve the planned improvements described in the development agreement, all as provided in the
proposed Water Service Agreement; and
WHEREAS, the lot owners have agreed to bear the expenses associated with implementing
the Water Service Agreement, including, if necessary, relocating a City pipeline within an
easement; and
WHEREAS, City staff have determined that the proposed Water Service Agreement will
confirm the rights and obligations of the parties with regard to existing treated water service and
will comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the
"Code"), and the expanded service will comply with the requirements of the City’s Water Service
Extension Policy, which permits extension of City water service extraterritorially only upon
demonstration that such extension will meet the policy goals and requirements of Resolution No.
5, Series of 1993, as amended (codified at Section 25.12.020(b) of the Aspen Municipal Code, as
the same may be further amended from time to time, and referred to here as “Resolution No. 5”);
and
WHEREAS, the City Council has had an opportunity to review with City staff the terms
and conditions of the Rubey Subdivision development agreement, the currently-existing water
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service and water system infrastructure, the known historical background of such service,
information concerning the expanded water service requested by the Rubey Subdivision lot
owners, and the requirements of Resolution No. 5;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1. The City Council of the City of Aspen hereby determines that the proposed
Water Service Agreement, confirming the current level of City treated water service provided to
the Rubey Subdivision and authorizing expanded service to Rubey Subdivision, as set forth in the
Water Service Agreement, is in the best interest of the City, and complies with requirements of the
Municipal Code of the City of Aspen, Colorado (the "Code"), and with the requirements of the
City’s Water Service Extension Policy and Resolution No. 5, series of 1993, and the City Council
approves the Water Service Agreement in substantially the form attached hereto as Exhibit A and
incorporated herein by reference. All City officials and employees are hereby directed to take
such actions as are necessary and appropriate to fulfill the obligations of the City pursuant to the
Water Service Agreement. The Mayor, City Manager, City Clerk and the Water Director are
hereby authorized and directed to execute the Water Service Agreement andany related documents
necessary or desirable to effecturate the transactions provided for in the Water Service Agreement,
provided that neither the Water Service Agreemet nor any other documents are authorized for
execution until the City Attorney has approved the form thereof.
Section 2. This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
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Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4. A public hearing on the ordinance shall be held on the ___ day of
_________, 2016, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the _____ day of March, 2016.
___________________________
Steven Skadron, Mayor
Attest:
___________________________
Linda Manning, City Clerk
FINALLY ADOPTED, PASSED AND APPROVED THIS _______ DAY OF
_______________, 2016.
___________________________
Steven Skadron, Mayor
Attest:
___________________________
Linda Manning, City Clerk
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- 1 -
Rubey Subdivision Water Service Agreement (packet final 3/16/16)
CITY OF ASPEN
WATER SERVICE AGREEMENT
(Existing Development Outside City Limits)
This Water Service Agreement is entered into this ______day of ______________, 2016,
in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal corporation and
home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the
"City"), and the following owners of lots within Rubey Subdivision: HBaar, LLC, a Colorado
limited liability company (HBaar); Red Mountain Estates LLC, a Colorado limited liability
company (RME); Marian Rubey Trust (MR Trust); Lot 4 Rubey Subdivision, LLC, a Colorado
limited liability company (L4RS); and Hunter Curtis Baar, Robert Neal Rubey Trust (RNR
Trust), and MR Trust (as to an undivided one-fourth interest each) and Robert Bonner Rubey,
Karen Elizabeth Rubey Bering, and Catherine Bonner Rubey McMurtry (each as to an undivided
one twelfth interest) and Marian Neal Rubey Davis (“Ms. Davis”) (hereinafter each an “Owner”
and collectively the “Owners”).
RECITALS
A. The City owns and operates the City of Aspen water system in accordance
with the laws of the State of Colorado, and in accordance with the charter, ordinances,
rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is
entered into in conformity with, and subject to, such charter, and all such ordinances,
rules, regulations, policies and resolutions.
B. HBaar is the owner of the remainder interest in the property described as
Lot 1, Rubey Subdivision according to the Final Plat of Rubey Subdivision recorded in
Plat Book 5 at Page 41 (“Original Plat”), as amended by the Amended Final Plat of Lot 1
Rubey Subdivision recorded in Plat Book 41 at Page 9, as further amended by the 1041
Hazard Review Site Plan and Amended Plat of Lot 1, Rubey Subdivision recorded in Plat
Book 85 at Pages 58-59, and as further amended by Second Amended Activity Envelope,
Site Plan and Plat of Lot 1 recorded in Plat Book 90 at Page 38 all of the Pitkin County
Clerk & Recorder’s Office (“Records”) (“Lot 1”).
C. RME is the owner of the property described as Lot 2, Rubey Subdivision
according to the Original Plat, as amended by the Amended Final Plat of Lot 2, Rubey
Subdivision recorded in Plat Book 36 at Page 76, and as further amended by the 1041
Hazard Review Site Plan and Amended Plat of Lot 2, Rubey Subdivision recorded in Plat
Book 85 at Pages 60-61 of the Records (“Lot 2”).
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D. MR Trust is the owner of the remainder interest in the property described
as Lot 3, Rubey Subdivision according to the Original Plat, as amended by the 1041 Hazard
Review Site Plan and Amended Plat of Lot 3, Rubey Subdivision recorded in Plat Book 85
at Pages 62-63 of the Records (“Lot 3”).
E. L4RS is the owner of the remainder interest in the property described as Lot
4, Rubey Subdivision according to the Original Plat, as amended by the 1041 Hazard
Review Site Plan and Amended Plat of Lot 4, Rubey Subdivision recorded in Plat Book 85
at Pages 64-65 of the Records (“Lot 4”).
F. Hunter Curtis Baar, RNR Trust, and MR Trust each own an undivided
one-fourth interest and Robert Bonner Rubey, Karen Elizabeth Rubey Bering, and
Catherine Bonner Rubey McMurtry each own an undivided one-twelfth interest in the
remainder interest in the property described as Lot 5, Rubey Subdivision according to the
Original Plat, as amended by the 1041 Hazard Review Site Plan and Amended Plat of Lot
5, Rubey Subdivision recorded in Plat Book 85 at Pages 66-67, and as further amended
by the Subdivision Exemption for Lot Line Adjustment: Amending Mesdag Property and
Lot 5, Rubey Subdivision recorded in Plat Book 85 at Page 76 of the Records (“Lot 5”).
G. Lot 1, Lot 3, Lot 4 and Lot 5 are subject to a life estate for the benefit of
Ms. Davis (“Life Estate”) created by the Last Will and Testament of William Bonner
Rubey recorded in Book 230 at Page 222, and Deed recorded in Book 611 at Page 119
and Correction Deed recorded as Reception No. 388016 of the Records.
H. Collectively, Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5 comprise the Rubey
Subdivision (the “Subdivision” or the “Subject Property”). Reference to a lot or to lots
shall mean any one or more of Lot 1, Lot 2, Lot 3, Lot 4 or Lot 5 as the context requires.
I. Water service is currently provided to three of the five lots in the Subject
Property by the system and facilities described on Exhibit A. City water service has
already been extended by the City to various parts of the Red Mountain area for years, as
evidenced in part by an agreement dated July 24, 1967 between the City and Greater
Aspen Development Company and Red Mountain Development Corporation, to construct
City water mains, distribution lines and related facilities to serve up to 200 taps (all 3/4
inch for single family homes) for homes on Red Mountain (of which 12 were already
existing and served by City water; William Bonner Rubey, a/k/a William B. Rubey was
one of the twelve at the time of the 1967 agreement), as well as by a subsequent water
main extension authorized by the City by Ordinance 59, Series of 1976. Prior owners of
the Subject Property conveyed to the City title to certain water facilities within the Rubey
Subdivision by Bill of Sale dated December 9, 1976, recorded at reception no. 191973,
Pitkin County records, conveying to the City all water system infrastructure located
within road and utility easements on the Rubey Subdivision Plat filed in Plat Book 5 at
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page 41 of the Pitkin County records on December 20, 1976, referencing an unrecorded
and missing Exhibit A, which would have been an acknowledgement of acceptance by
the City. There was also no signature acknowledging acceptance by the City of the utility
easements shown on the Rubey Subdivision Plat. The City and prior owners of Lots 2, 3,
4 & 5 of the Rubey Subdivision did enter into an Easement Agreement in 1984, Book
468 Page 840, reception 260661, records of Pitkin County, which contemplated the future
grant and vacation of certain easements following construction of a City water pipeline
and pumping station on the Subject Property and provision of an as-built survey.
Although the pipeline and the pump station were constructed and have been used and
operated by the City since construction, the grant and vacation of easements were never
finalized. As built easements have been finalized and approved by the City for recording
prior to recording of this Agreement (the Easements), per Resolution ______, Series of
2016.
J. Owners have received approvals from Pitkin County to construct certain
improvements on the Subject Property and wish to provide for City water for the county-
approved development described as part of Exhibit B hereto. These current County
approvals for the Subject Property require that each lot depict the City utility easements
on its plat and that each owner obtain approval of a water service agreement from the
Aspen City Council as conditions precedent to the submission of any building or other
development permits.
K. The maximum development currently allowed by the County for each lot
on the Subject Property is described on Exhibit C (hereinafter referred to as the
“Project”) and is further described in paragraph N, below.
L. Owners seek to obtain additional municipal water service from the City
for the Project on the Subject Property, seeking to potentially expand the existing service
for Lots 1, 2 and 5 and provide new service for Lots 3 and 4. The current ECU counts
per lot for existing service and the prior fee payments, which serve as a baseline for
credit, if any, against future fees to be paid to the City in connection with redeveloped or
expanded water service authorized herein, are set forth in Exhibit D.
M. The Subject Property is located outside the corporate limits of the City.
N. Approval for the Project was originally granted by the Board of County
Commissioners for Pitkin County by Resolution No.76-155 and approval for the specific
improvements that comprise the Project was granted by Administrative Decisions of the
Pitkin County Community Development Director by Administrative Decisions #34-2006,
recorded at reception no. 523233 Pitkin County records; #33-2006 recorded at reception
no. 523234 Pitkin County records; and #001-2007, concerning a minor amendment to the
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access envelope for Lot 4. Amended Plats and Site Plans were recorded in Plat Book 85,
Pages 58-66 of the Pitkin County records. A Lot Line Adjustment for Lot 5 and the
adjacent property to the north was recorded at Plat Book 85, Page 76 of the Pitkin County
records. Vested rights for this Project were granted November 14, 2007 by Agreement
recorded at reception no. 544081, Pitkin County records, pursuant to Pitkin County Board
of Commissioners Resolution No. 125-2006, recorded at reception no. 530410, Pitkin
County records and detailed in the Rubey Subdivision Vested Property Rights and
Development Agreement re-recorded at reception no. 584346, Pitkin County records
(“Vested Rights”).
O. Water service for the Project will not require the construction of any new
City water mains, lines or facilities, or installation, upgrading or upsizing of the existing
City water mains, lines and related City facilities serving the Subject Property, except as
set forth in the Easements.
P. The Municipal Code of the City of Aspen, Colorado (the "Code"),
§25.12.020(b), requires that the extension of water service outside the boundaries of the
City shall be made only pursuant to a written agreement with the City, that the City shall
not be obligated to extend such service, that such service will be provided only upon a
determination that it is in the best interests of the City, and that the City may impose such
requirements by agreement as it deems necessary to protect its best interests. Existing
water service and ECU’s and total per lot tap fees paid or credited for the Rubey
Subdivision are described in Exhibit D.
Q. The City requires a loop system or a cross-tie system such that when water
main extensions are made, such extensions shall be made in a manner that will allow
cross-connection with another of the City's treated water mains to create a looped system.
Such a system currently exists for the Subject Property and no further main extensions
are required as part of this Agreement. The location of the existing City system is
depicted on Exhibit A and further described in Exhibit E. New facilities are generally
described on Exhibit F.
R. The City's Water Service Extension Policy permits water service extension
only upon demonstration that such extension will meet the policy goals and requirements
of Resolution No. 5 (Series of 1993) as amended [codified at Section 25.12.020(b) of the
Code, as the same may be further amended from time to time], including the requirement
that the City must recover its costs associated with such extraterritorial service, and make
a profit.
S. The City has determined that this Agreement and all covenants herein are
necessary to comply with the Code and the City's water policies, and will allow the City
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to recover its costs of providing such extraterritorial service and make a profit.
T. The City is not hereby representing that it is a regulated public utility, or
holding itself out to the public in general as capable of or intending to provide water
service extraterritorially.
U. The Code provides for the rating of new or expanded water service based
on potential water demand as expressed in equivalent capacity units (hereafter "ECU").
V. The City desires to encourage the use of raw water supplies for certain
outdoor irrigation where practical and feasible to do so while still protecting decreed
instream flows, so as to reduce the dependence on treated water for this purpose and to
minimize the costs of providing treated water service to the Project and the Subject
Property.
W. Owners have submitted their Application for Water Service Extension (the
"Application") and have paid all fees required in connection with the Application. The
Application, and all attachments, addenda and exhibits thereto have been relied upon by
the City in authorizing this Agreement.
X. The City has approved the Application, and is willing to provide water
service to Owners on the terms and conditions of this Agreement.
AGREEMENT
THEREFORE, in consideration of the premises and the mutual promises and covenants
contained herein, the City and Owners agree as follows:
1. Water Service to Project and Subject Property. The City hereby agrees to provide
treated water service to the Project and the Subject Property under the terms of this Agreement in
such quantities and to the extent herein provided so as to serve the structures and uses authorized
by Pitkin County as stated in paragraph N above and summarized on Exhibits B & C, and
subject to the additional terms and conditions as set forth below. Owners understand that the City
will be the sole provider of treated water to the Project and the Subject Property, provided
however, that the City shall not be required to supply water to serve more than a total of 30.0
ECUs (6.0 ECUs per lot, of which up to 0.5 ECUs per lot will be for 3,000 square feet of
irrigation) and further provided, that the maximum volume of treated water the City shall be
required to provide to the Project and the Subject Property pursuant to this Agreement shall not
exceed 12.15 acre feet (3.96 million gallons) per year. The gross water demand calculations are
depicted on Exhibit G. Fireflow provisions will be finalized prior to building permit application
for a lot, see Exhibit H.
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Notwithstanding the foregoing, if construction of the approved improvements triggering
the full 6.0 ECU per lot commitment has not been commenced or if a building permit application
for any particular lot has not been accepted for review by the building department having
jurisdiction prior to September 26, 2021, for which a building permit is ultimately issued by such
building department, the maximum service thereafter required for such lot under this agreement
shall be 4.0 ECUs or the existing level of service to that lot at that time, whichever is greater, and
the City’s total annual commitment shall be reduced accordingly. To the extent a building permit
application for a particular lot has been accepted for review and is pending on September 26,
2021, the City commitment of 6.0 ECU per lot or such lesser amount as is determined upon
completion of construction and final ECU count as to such lot will be required to be supplied
notwithstanding the passing of this deadline. Should any accepted building permit application or
building permit be abandoned after expiration of the Vested Rights, the commitment will remain
4.0 ECUs or the existing level of service to the lot at that time, whichever is greater. Only those
structures and uses approved for the Project and the Subject Property may be served under this
Agreement, except such uses may be modified or re-mixed so long as the per lot maximum of
6.0 ECU is not exceeded, including the 3000 square feet of irrigation per lot. The existing
improvements on Lots 1, 2 and 5 will continue to be served at the current ECU levels shown on
Exhibit D. Payment of any fees provided in this Agreement will be on a per lot basis, triggered
for an individual lot upon submission of a building permit application for improvements
resulting in new or an increase in ECU service for that lot.
2. Limitation of Time to Provide Water Service. Except as extended by the timing
provisions set forth above, the City's obligation to provide maximum expanded and new water
service to the Project and the Subject Property pursuant to paragraph 1 of this Agreement shall
terminate on September 26, 2021, the expiration date of Owners’ Vested Rights for the Project,
which date may be extended administratively by written agreement signed by the City Utilities
Director, but only if the vested rights have been extended first by Pitkin County (the
“Termination Date”). If a building permit application for any lot has not been accepted and
applicable water fees paid as required by paragraph 11 of this Agreement, the City commits by
this Agreement to provide water service to any such lot to a maximum amount of 4.0 ECUs (of
which up to 0.5 ECUs per lot will be for 3,000 square feet of irrigation) or the existing service
level at that time per lot, whichever is greater, without a time limitation. This level of water
service can be increased for any particular lot up to the 6.0 ECUs maximum, administratively by
written agreement signed by the City Utilities Director. Nothing herein shall be deemed to
require the City Utilities Director to provide such a written agreement and the City Utilities
Director may do so or decline to do so in his or her sole discretion.
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3. Construction by Owners.
a) Service Lines. Each Owner will install any replacement or new, upsized
and/or upgraded service lines for such Owner’s lot in accordance with and subject to the City's
design, materials and construction specifications and approval, at Owner's own expense. Such
lines will remain the property and sole responsibility of Owners. Other than replacement of an
existing service line, new service lines extended from the existing water distribution system
within the Subdivision will only be constructed in conjunction with the actual construction of a
properly permitted building. A service line may not be installed for any lot until the building
permit for that lot has been issued and all utility fees paid.
b) Submitted Exhibits. The attached Exhibits A-K concerning the Project have
been prepared by Owners and submitted to the City and have been approved and relied upon by
the City in entering into this Agreement, and shall not be substantially modified without the
City's agreement. All such exhibits are incorporated herein by this reference as a part of this
Agreement.
4. Water Rights and Payment in Lieu. The parties acknowledge that it is the policy
of the City, if water rights are not transferred to it by a party seeking extraterritorial water
service, to require payment in lieu of water rights sufficient in quantity and quality to provide the
water required for the requested water service. The parties acknowledge that Owners own, use or
control several raw water rights, decreed and undecreed, that are utilized for irrigation and other
uses on the Subject Property, including but not limited to, water rights described on Exhibit J in
the Loughran and Overflow Ditches. The City has determined that it is in City’s best interest to
permit the Owners to continue to use these raw water rights on the terms and conditions set forth
herein and to accept payment to the City in lieu of water rights, as set forth below, for the
additional ECUs to be provided for each lot in the Project. There are no wells on the Subject
Property and Owners agree not to install any wells on the Subject Property, it being the parties’
intention that the only domestic, potable water supplies to be used on or in connection with the
Subject Property are those supplied by the City pursuant to this Agreement. Notwithstanding the
foregoing, should Owners initiate any water court or administrative proceeding concerning the
Loughran and Overflow Ditches, or change or adjudicate any other water rights, Aspen reserves
the right to participate in any water court or administrative proceedings as it deems appropriate
to protect its own water rights and supplies.
a) Use of Raw Water and Treated Water for Outside Uses on the Subject
Property. Owners understand and agree that the City shall not provide any raw water for
irrigation or other uses pursuant to this Agreement. All raw water use on the Subject Property
shall be in accordance with the decrees for the Loughran and Overflow Ditches entered in Case
No. W-3267 as further described in Exhibit J, or otherwise in accordance with Colorado water
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law governing the appropriation and use of water, provided, however that the City may take such
actions as it deems appropriate to protect its own water rights and supplies, if Owners seek to
change or develop any additional water rights or supplies. Owners currently irrigate or intend to
irrigate up to 3,000 square feet per lot within the areas depicted on Exhibit K using treated water
from the City. Exhibit K depicts the general location of the full 3,000 square feet of treated water
irrigation per lot permitted by this Agreement. At the time of any application for a building
permit that will result in new or expanded service to a lot under this Agreement, the Owner of
the lot shall provide to the City Utilities Department a further depiction showing the specific area
of land (not to exceed 3,000 square feet) to be irrigated with treated water and the location of all
storage and other raw water infrastructure on such Owner’s lot as authorized herein for approval
by the City Utilities Department. The City Utilities Department shall review the revised
depiction during the building permit application process, and the Department’s approval shall not
be unreasonably withheld. Such Owner shall survey the as-installed or designated location of the
3,000 square feet of treated water irrigation area no later than the deadline for payment of the lot
Owner’s final tap fees to the City, and shall record such survey as an additional exhibit to this
Agreement, by way of an amendment which Owner and City agree to sign and which Owner
shall record. There will be no cross-connections of the Owners’ raw water supplies or
infrastructure to the City’s treated water system. Each Owner will demonstrate in its plans, to
the satisfaction of the City, and be responsible for, the proper installation, maintenance and
testing of required backflow prevention devices and for assuring that unprotected cross-
connections, structural or sanitary hazards do not exist on such Owner’s lot.
Owners’ water systems (for both treated and raw water) will be available for inspection
as provided in the Code, to authorized City Representatives to determine whether cross-
connections or other structural or sanitary hazards exist, and to confirm that no treated municipal
water is being used for outdoor irrigation or aesthetic purposes other than as provided herein and
shown on Exhibit K or any future exhibit recorded in accordance with this section.
b) Payment in lieu. Each Owner agrees that the information included on Exhibit
D accurately represents to the best of each Owner’s knowledge, the existing ECUs provided for
that Owner’s lot and the amount of payment or payment credit (Lot 2 only), if any, received by
the City in connection with the existing service to such lot. Each Owner agrees to pay the amount
in lieu of water rights for all additional ECUs required to provide the new or additional water
service for such Owner’s improvements, based initially upon a determination of additional ECUs
requested for such Owner’s intended construction per the building permit request submitted for
such Owner’s lot, to be finalized after construction is completed, in accordance with the Code.
These initial fees shall be paid by Owner prior to issuance of any building permit for Owner’s
lot. The payment in lieu amount will be determined in accordance with and in the amount as set
forth in the Code at the time of building permit application, such amount at the time of this
Agreement being $600.00 per ECU.
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c) Instream flow protection. Owners agree to suspend deliveries of their raw water
rights described on Exhibit J and any other raw water supplies, decreed or undecreed, that they
may now or hereafter acquire or use on the Subject Property when the decreed instream flows for
Hunter Creek are not being met as determined by a validly administered CWCB call for such
instream flow rights as decreed at the time of this Agreement, unless such deliveries are
augmented in a Water Court approved augmentation plan which protects against injury to the
CWCB instream flow rights on Hunter Creek; provided that City reserves its right to object to
any augmentation plan. In addition, Owners agree to curtail usage of their raw water in the same
manner as if the raw water supplies were being provided by the City, whenever the City declares
a water shortage pursuant to the Code provisions in effect at the time of any such declared
shortage. Owners agree that such curtailment shall occur at the point of diversion on Hunter
Creek.
5. Construction. Any construction or installation of new water lines shall occur only
in accordance with then applicable Code, rules, regulations, standards and policies of the City.
An automated meter reading system shall be installed for all customers who will be served by the
Project.
6. Fees. Owners shall timely pay all fees imposed by the City in connection with
reviewing and approving this Agreement, including outside legal and consulting fees. The
Owner of each respective lot shall timely pay all fees imposed by the City in connection with
reviewing and approving design drawings and construction plans for such Owner’s lot in the
Project, including outside legal and consulting fees, and each such Owner shall also be
responsible for timely acquiring and paying for all permits and permit fees from entities other
than the City (such as Pitkin County and/or other regulatory agencies).
7. Inspection of Construction. Any inspection, connection, and payment of fees
required of any Owner shall be in accordance with then applicable Code, rules, regulations,
standards and policies of the City.
8. Easements. Owners have obtained at their own cost and conveyed in perpetuity to
the City as-built non-exclusive easements for all existing water mains, lines, tanks, pump houses
and other water facilities located on or adjacent to the Subject Property, along with all necessary
access easements for maintenance and repair purposes. These Easements are recorded at
reception no. ______ and their locations are depicted on Exhibit I.
9. Testing. Upon completion of construction and before any water is delivered
pursuant to this Agreement, all water service lines and facilities (both new and existing) shall be
tested and approved by the City in accordance with then applicable Code, rules, regulations,
standards and policies of the City.
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10. Treated Water Service. The City will provide treated water service (or additional
treated water service) to each lot to no more than the total number of ECUs provided for by the
final approved design drawings for that lot (up to a maximum of 6 ECUs per lot), provided that
the maximum volume of water the City shall be required to supply each year shall not exceed the
amount set forth in paragraph 1 above. Any change in the maximum amount of treated water
service requirements for the Subject Property will require approval by the City, and amendment
of this Agreement, which approval may or may not be granted.
The treated water to be delivered by the City pursuant to the terms of this Agreement may
be used for all lawful in-building residential purposes and for fire protection, swimming pools,
hot tubs, and normal and reasonable outside irrigation of trees, lawns and gardens, such outdoor
irrigation not to exceed 3,000 square feet per lot. The recording of this Agreement shall
constitute a covenant running with each lot restricting the use of treated water delivered
hereunder to no more than 3,000 square feet of lawn and garden irrigation by drip or sprinkler
irrigation means. Notwithstanding the foregoing, all water use, including use of Owners’ raw
water rights (set forth on Exhibit J), will be consistent with the City's Water Policy Resolution
(Resolution No. 5, Series of 1993, as amended), and water conservation and water shortage
ordinances.
11. Tap Fees and System Development Charges - Computation and Payment;
Scheduling of Taps. All tap fees for treated water service herein provided shall be assessed and
any credits due shall be determined utilizing the City's applicable tap fee at the time of
application for a building permit for the structure for which service is sought. No water service
shall be provided to any structure absent payment of the appropriate tap fee and any applicable
hookup charges. Tap fees and hookup charges shall be paid at the time of building permit
issuance. The only credits allowed on tap fees are those set out in Exhibit D. The City Water
Department shall determine scheduling of all physical taps or connections to the main lines,
which scheduling shall be done in accordance with then applicable Code, rules, regulations,
standards and policies of the City.
Owner(s) shall also pay to the City a well system development charge in the amount of
$400.00 per ECU for all additional ECUs required to provide the new or additional water service
for such Owner’s improvements, based upon a determination of additional ECUs requested for
such Owner’s intended construction per the building permit application accepted for such
Owner’s lot, and modified, with additional payment or refund as needed, after completion of
construction and final ECU determination. The well system development charge for each lot on
the Subject Property must also be paid in full at the time of building permit issuance for the
structure for which service is sought.
12. Service Lines. Each existing and new service line shall be metered in accordance
with the Code at the sole expense of Owner(s). Owner(s) acknowledge that service lines, meters
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and cross-connection or backflow prevention devices, that may presently exist on the Subject
Property may not meet the City's standards, and that some lots may not have meters or cross-
connection or backflow prevention devices. Service lines will be replaced if necessary as part of
any individual lot building permit to meet the City's standards, and meters, cross-connection and
backflow prevention devices will be installed at Owner(s) expense. Prior to commencement of
any construction, the City will inspect the existing service lines and will determine the extent to
which replacement may be necessary.
13. Limitations on Provision of Water Service. This Agreement is only for the supply
of treated water service as herein described and no expansion of uses, connections, or water
service beyond those set forth herein and in the Exhibits hereto is in any way authorized by this
Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its ability
to provide treated water service to any use or structure except as provided herein, nor may this
Agreement be used as evidence of approval of any land use requests, or as evidence of approval
of water service for any land use request, except as provided herein.
14. Service Subject to the City's Charter, Codes, Rules, Regulations and Policies.
Each Owner and its successors in interest shall be bound by, and all water service provided
hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and
the Code, as well as all applicable rules, policies or regulations of the City now in effect or as
may be hereafter adopted as to provision of water service by the City; except as otherwise
provided for by the “Annexation” paragraph below.
15. Rules Regarding Water Use. Owners agree that all provisions set forth herein as
rules and regulations governing the use of water on the Subject Property and for the Project, and
agree that this Agreement and the Exhibits hereto shall be recorded as covenants running with
the land and shall be as fully enforceable on the Subject Property as if the same were situated
inside the City. Each Owner agrees to assist the City in every manner reasonably possible to
enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of
the water delivered pursuant to this Agreement, including curtailment during times of shortage,
elimination of any actual or potential cross-connections, and the utilization of water conservation
devices as set forth in the Code. Each Owner also agrees to prohibit waste of water on the
Subject Property, and to make reasonable efforts to enforce such prohibition. The waste of water
shall be defined as set forth in the Code.
16. Source of Water Supply. The parties to this Agreement recognize that the City's
water supply is dependent upon sources from which the supply is variable in quantity and quality
and beyond the City's reasonable control; therefore, no liability shall attach to the City under this
Agreement on account of any failure to accurately anticipate availability of water supply or
because of an actual failure of water supply due to inadequate runoff, poor quality, failure of
infrastructure, or other occurrence beyond the City's reasonable control.
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17. No Guarantee of Water Quality, Quantity or Pressure. The City makes no
promise or guarantee of pressure, quantity or quality of water supply for any purpose, including
fire suppression, except as specifically provided herein or as is required by applicable federal,
state and local laws and regulations. The City agrees to treat its water to meet all mandatory
local, state and federal potable water standards and to exercise reasonable care and foresight in
furnishing water hereunder equal in quality to that furnished inside the City.
18. Property Rights in Water. All water furnished under this Agreement is provided
on a contractual basis for use on the Subject Property as described in this Agreement, and all
property rights to the water to be furnished hereunder are reserved to the City. Water service
provided under this Agreement does not include any right to make a succession of uses of such
water, and upon completion of the primary use of the water on the Subject Property, all dominion
over the water provided reverts completely to the City. Subject to the prohibition against waste
and any other limitations on water use imposed in this Agreement, Owners shall have no
obligation to create any particular volume of return flow from the water furnished under this
Agreement. Owners agree to cooperate with the City in measuring and reporting return flows to
the extent such measuring and reporting are required by the Colorado State Engineer or his
agents.
19. Enforcement by the City. The parties to this Agreement recognize and agree that
the City has the right to enforce its rules, policies, regulations, and ordinances and the terms of
this Agreement in accordance with then applicable Code, rules, regulations, standards and
policies of the City. Additionally, in the event that any Owner or any users who have purchased
or leased a portion of the Project or the Subject Property violate the applicable rules, policies,
regulations or ordinances of the City, the City shall have all remedies available to it at law or in
equity, or as provided in the Code with respect to such Owner or users. Without limiting the
foregoing rights and remedies, Owners agree that the City may also enforce such applicable
rules, policies, regulations or ordinances by injunction, the parties agreeing that the damages to
the City from such violations are irreparable, and there is no adequate remedy at law for such
violations. The City shall be free from any liability arising out of the exercise of its rights under
this paragraph.
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20. Termination by Agreement. Except as provided to the contrary herein, this
Agreement shall only be terminated in writing by mutual agreement and the term of this
Agreement shall continue until such termination.
21. Termination if Illegal. The parties agree, intend and understand that the
obligations imposed by this Agreement are conditioned upon being consistent with state and
federal laws and the Code. The parties further agree that if any provision of this Agreement
becomes in its performance inconsistent with the Code or state or federal laws, or is declared
invalid, the parties shall in good faith negotiate to modify this Agreement so as to make it
consistent with the Code or state or federal laws as appropriate, and if, after a reasonable amount
of time, their negotiations are unsuccessful, this Agreement shall terminate. The City agrees that
its contractual obligations hereunder will not be impaired by any amendment to the Code unless
such amendment (or impairment) is mandated by state or federal law.
22. Annexation.
(a) Upon the written request of the City, at its sole discretion, Owners or their
successors in interest shall petition for and/or consent to annexation of the Subject Property, or
those portions thereof as deemed appropriate by the City, to the City of Aspen at such time(s) as
determined by the City. Such annexation(s) shall not divest or diminish any land use approvals,
development rights or vested property right awarded by Pitkin County (“County”) for any lot in
the Project or the Subject Property (“County Approvals”), to the extent such County Approvals
and rights for a lot are legally vested on behalf of Owner prior to annexation to the City, subject
to the following:
(i) If a building permit application for a lot has been accepted for review by and is
pending in the County prior to the effective date of annexation, or if a permit has been
issued by the county and construction is not complete at the effective date of annexation,
Owner shall proceed, at Owner’s sole expense, to have the County take action on its
pending building permit application and have the permit issued by the County, with any
fees due through the time of building permit issuance paid in accordance with the County
Vested Rights approval. Once the permit has been issued by the County, the City will
then have jurisdiction to do necessary inspections, change orders and any other functions
and services the City provides during the construction process, all in accordance with
City Code. To the extent that the Owner of a lot has paid building review and inspection
fees in advance to the County prior to the effective date of annexation and any City
department thereafter incurs any costs in reviewing, inspecting, or otherwise in relation to
completion of construction in accordance with the County-accepted building plans,
Owner is responsible for paying all City fees in accordance with City fee schedules in
effect at the time of annexation, notwithstanding there may be duplication of effort
between the City and the County. It is Owner’s responsibility in such circumstance to
obtain refunds from the County, if available.
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(ii) If no building permit for a lot has been accepted for review by the County at
the effective date of annexation and the Vested Rights as to the County Approvals have
not expired, the County approvals and such Vested Rights are not diminished except that
the dimensional allowances permitted (specifically “Floor Area” as defined in the Vested
Rights) by the County Approvals will be reviewed and calculated under the allowances
and limitations of the City’s Code in effect at the time of building permit application and
all fees due at the time of or in connection with the building permit application shall be
calculated in accordance with applicable City Code.
(iii) On any lot for which the County Approvals are not vested in accordance
with law at the effective date of annexation, or for which vesting has expired,
development on such lot shall be subject to the terms, conditions, and regulations of the
City Code.
(iv) Notwithstanding annexation of all or any part of the Subject Property, any
new development on any lot shall be subject to the City urban runoff management
requirements, including payment to the City of applicable fees relating to such
requirements. Urban runoff management plans shall be submitted to and approved by the
City prior to issuance of any building permit for new development by the City or the
County.
(b) Notwithstanding annexation of all or any part of the Subject Property, this
Agreement will remain in full force and effect. The effective date of any annexation shall be
deemed to occur for purposes of this Agreement upon completion of the annexation process,
which is deemed complete upon the effective date of an Ordinance approving such annexation.
(c) Failure of Owners or their successors in interest to commence and complete
annexation proceedings as herein required shall constitute a material breach of this Agreement
authorizing the City to terminate the same as to the noncompliant Owner. Alternatively, failure
of Owners or their successors in interest to commence and complete annexation as herein
required shall authorize the City to commence and/or complete such annexation on their behalf,
in which event the City shall charge, and Owners and their successors in interest shall pay, all
costs and fees associated with such annexation.
23. No Regulated Public Utility Status. The parties agree that by this Agreement the
City does not become a regulated public utility compelled to serve other parties similarly
situated. Owners agree that neither they nor their successors in interest shall at any time petition
the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the
City. The parties agree that in the event the City is held to be a regulated public utility by virtue
of this Agreement, this Agreement shall terminate and be of no further force or effect.
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24. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be
deemed a waiver of any such right and shall not affect the right of such party to exercise at some
future time said right or any other right it may have hereunder.
25. Notices. All notices required to be given shall be deemed given upon deposit in
the United States mail, first class postage prepaid, properly addressed to the person or entity to
whom directed at his or its address shown herein below, or at such other address as shall be
given by notice pursuant to this paragraph.
Lot 1: HBaar, LLC
Attn: Hunter Baar
P.O. Box R
Aspen, CO 81612
With a copy to:
Joslyn Wood
WOOD NICHOLS, LLC
201 Main Street, Suite 305
Carbondale, CO 81623
Lot 2: RED MOUNTAIN ESTATES LLC
Attn: Daryl Snadon
15280 Addison Road, Suite 301
Addison, TX 75001
With copy to:
SHERMAN & HOWARD LLC
Attn: B. Joseph Krabacher
730 E. Durant Avenue, Suite 200
Aspen, CO 81611
Lot 3: MARIAN RUBEY TRUST
c/o CADENCE BANK, N.A.
Attn: Deneise Saenz
Sr. Vice President & Trust Officer
2800 Post Oak Blvd., Ste. 3400
Houston TX 77056
With copy to:
KLEIN COTE EDWARDS & CITRON LLC
Attn: Joseph E. Edwards, III
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100 S. Mill Street,
S
u
i
t
e
2
0
0
Aspen, CO 81611
Lot 4: LOT 4 RUBEY SUBDIVISION LLC
Attn: Robert Bonner
Rubey
3465 Belcaro Drive
Denver CO 80209
Attn: Bonnie
McMurtry
4219 Whitman
Street
Houston, TX
77027
Attn: Karen Elizabeth Rubey Bering
6 Tumbledown
Lane
Aspen CO
81611
With copy to:
Benjamin Genshaft
GENSHAFT CRAMER
LLP
420 E. Main
Street
Aspen, CO
81611
Lot 5: Hunter Baar
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P.O. Box R
Aspen, CO 81612
With a copy to:
Joslyn Wood
WOOD NICHOLS, LLC
201 Main Street, Suite 305
Carbondale, CO 81623
Robert Neal Rubey Trust
Marian Rubey Trust
c/o CADENCE BANK, N.A.
Attn: Deneise Saenz
Sr. Vice President & Trust Officer
2800 Post Oak Blvd., Ste. 3400
Houston TX 77056
With copy to:
KLEIN COTE EDWARDS & CITRON LLC
Attn: Joseph E. Edwards, III
100 S. Mill Street,
S
u
i
t
e
2
0
0
Aspen, CO 81611
Robert Bonner Rubey
3465 Belcaro Drive
Denver CO 80209
Bonnie
McMurtry
4219 Whitman
Street
Houston, TX
77027
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Karen Elizabeth Rubey Bering
6 Tumbledown
Lane
Aspen CO
81611
With copy to:
Benjamin Genshaft
GENSHAFT CRAMER
LLP
420 E. Main
Street
Aspen, CO
81611
Life Estate: Marian Neal Rubey Davis
c/o Dr. Robert Rubey
P.O. Box 1711
Red Lodge, Montana 59068
c/o CADENCE BANK, N.A.
Attn: Deneise Saenz
Sr. Vice President & Trust Officer
2800 Post Oak Blvd., Ste. 3400
Houston TX 77056
With copy to:
KLEIN COTE EDWARDS & CITRON LLC
Attn: Joseph E. Edwards, III
100 S. Mill Street,
S
u
i
t
e
2
0
0
Aspen, CO 81611
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City of Aspen: Utilities Director
130 S. Galena Street
Aspen, CO 81611
With copy to:
City Attorney
130 S. Galena Street
Aspen, CO 81611
26. Force Majeure. No party shall be held liable for a failure to perform hereunder
due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside
of the control of that party.
27. Amendment; Assignment. Neither this Agreement, nor the obligations of either
party hereto, nor the right to receive water service hereunder, may be amended or assigned
without the written consent of the parties hereto, provided, however, that subsequent owners of
any lot within the Subject Property shall be subject to the terms and conditions of this Agreement
and shall be entitled to receive water service pursuant to this Agreement without amendment of
this Agreement.
28. Entire Agreement. Except as otherwise provided herein, this Agreement,
including its Exhibits, supersedes and controls all prior written and oral agreements and
representations of the parties and is the total integrated agreement among the parties governing
the matters provided for herein.
29. Interpretation. Titles and paragraph headings shall not be used to alter the
meaning of this Agreement.
30. Binding Agreement - Recording. This Agreement is binding upon the parties
hereto, their successors and assigns, and any sale of the Project, the Subject Property, or any lot
or other portion of the Subject Property or the Project shall be subject to this Agreement as
provided herein. This Agreement, including the Exhibits hereto, shall be recorded with the
Pitkin County Clerk and Recorder at Owners expense and shall impose covenants running with
the land upon all of the Subject Property. Deeds to subsequent owners shall provide notice of
this Agreement and the obligations contained herein.
31. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the
laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin
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County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict
regarding the terms of this Agreement or the rights and obligations of the parties hereto, the
prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorney fees.
32. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been
performed and that the persons signing for each party have been duly authorized to do so.
33. Counterparts. This Agreement may be signed using counterpart signature pages,
with the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Water Service Agreement the
date and year first above written.
THE CITY OF ASPEN, COLORADO
ATTEST: A Municipal Corporation and Home Rule
City
By____________________________ By_____________________________
City Clerk Steven Skadron, Mayor
APPROVED AS TO FORM:
______________________________
Aspen City Attorney
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OWNER OF REMAINDER INTEREST IN LOT 1:
HBaar, LLC, a Colorado limited liability company
By: ___________________________
Hunter Curtis Baar, Manager
OWNER OF A ONE-FOURTH INTEREST IN LOT 5:
By: ___________________________
Hunter Curtis Baar
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Hunter Curtis Baar.
Witness my hand and official seal.
Notary Public
My commission expires:
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OWNER OF LOT 2:
Red Mountain Estates, LLC
a Colorado limited liability company
By: ___________________________
Daryl N. Snadon, Manager and Member
STATE OF )
) SS.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Daryl N. Snadon, Manager and Member of Red Mountain
Estates, LLC.
Witness my hand and official seal.
Notary Public
My commission expires:
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OWNER OF REMAINDER INTEREST IN LOT 3 AND ONE-FOURTH INTEREST IN
LOT 5:
Marian Rubey Trust
By: ___________________________
Marian Rubey, Successor Co-Trustee
Cadence Bank, N.A., Successor Co-Trustee
By: ___________________________
Deneise Saenz, Senior Vice-President
STATE OF TEXAS )
) SS.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Marian Rubey as Successor Co-Trustee of the Marian Rubey
Trust.
Witness my hand and official seal.
My commission expires: ___________
Notary Public
STATE OF TEXAS )
) SS.
COUNTY OF HARRIS )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Deneise Saenz, Sr. Vice President, Cadence Bank, NA, as
Successor Co-Trustee of the Marian Rubey Trust.
Witness my hand and official seal.
My commission expires: ___________
Notary Public
OWNER OF REMAINDER INTEREST IN LOT 4:
Lot 4 Rubey Subdivision, LLC,
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a Colorado limited liability company
By: ___________________________
Robert Bonner Rubey, Member
OWNER OF A ONE-TWELFTH INTEREST IN LOT 5:
By: ___________________________
Robert Bonner Rubey
STATE OF )
) SS.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Robert Bonner Rubey.
Witness my hand and official seal.
Notary Public
My commission expires:
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OWNER OF REMAINDER INTEREST IN LOT 4:
Lot 4 Rubey Subdivision, LLC,
a Colorado limited liability company
By: ___________________________
Karen Rubey Devlin, Member
OWNER OF A ONE-TWELFTH INTEREST IN LOT 5:
By: ___________________________
Karen Rubey Devlin
STATE OF )
) SS.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Karen Rubey Devlin.
Witness my hand and official seal.
Notary Public
My commission expires:
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OWNER OF REMAINDER INTEREST IN LOT 4:
Lot 4 Rubey Subdivision, LLC,
a Colorado limited liability company
By: ___________________________
Catherine Bonner Rubey McMurtry, Member
OWNER OF A ONE-TWELFTH INTEREST IN LOT 5:
By: ___________________________
Catherine Bonner Rubey McMurtry
STATE OF )
) SS.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Catherine Bonner Rubey McMurtry.
Witness my hand and official seal.
Notary Public
My commission expires:
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OWNER OF A ONE-FOURTH INTEREST IN LOT 5:
Robert Neal Rubey Trust
By: ___________________________
Robert Neal Rubey, Successor Co-Trustee
Cadence Bank, N.A., Successor Co-Trustee
By: ___________________________
Deneise Saenz, Senior Vice-President
STATE OF MONTANA )
) SS.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Robert Neal Rubey as Successor Co-Trustee of the Robert Neal
Rubey Trust.
Witness my hand and official seal.
My commission expires: ___________
Notary Public
STATE OF TEXAS )
) SS.
COUNTY OF HARRIS )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2016 by Deneise Saenz, Sr. Vice President, Cadence Bank, NA, as
Successor Co-Trustee of the Robert Neal Rubey Trust.
Witness my hand and official seal.
My commission expires: ___________
Notary Public
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OWNER OF THE LIFE ESTATE ON LOTS 1, 3, 4 AND 5 OF THE SUBDIVISION -
MARIAN NEAL RUBEY DAVIS
______________________________________
Marian Neal Rubey Davis,
by: Robert Neal Rubey, her attorney-in-fact
STATE OF MONTANA )
) ss
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _______ day of _________, 2016, by
Robert Neal Rubey, attorney-in-fact for Marian Neal Lyeth Davis.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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Index of Exhibits
Exhibit A – Existing Conditions
Exhibit B – List of County Approvals
Exhibit C – General Description of Project
Exhibit D – Current ECU Levels and Payment History
Exhibit E – Description of Existing Facilities
Exhibit F – General Description of Proposed Facilities
Exhibit G – Gross Water Requirements
Exhibit H - Fireflow Provisions
Exhibit I - Easement Locations
Exhibit J – Description of Water Rights
Exhibit K - Proposed and existing irrigated areas and location of existing raw water
irrigation infrastructure and ponds
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MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Jennifer Phelan, Deputy Planning Director
THRU: Jessica Garrow, Community Development Director
RE: 730 E. Cooper Ave. (Base Lodge), Ordinance Amendment, 2nd Reading of
Ordinance No. 6 (Series of 2016)
MEETING
DATE: March 21, 2016
APPLICANT /OWNER:
730 E. Cooper LLC
REPRESENTATIVE:
Mitch Haas, Haas Land Planning, LLC
LOCATION:
730 E. Cooper Ave. (legally described as
the easterly 9.27 feet of Lot Q, and all of
Lots R and S, Block 105, City and
Townsite of Aspen)
CURRENT ZONING & USE
Commercial Lodge (CL) with a Planned
Development (PD) Overlay
SUMMARY:
The applicant is requesting to amend
Ordinance No. 2 (Series of 2015) for
‘Base Lodge’. As a condition of
reinstatement, applicant proposed to
remove any variations granted in the
original ordinance.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the
ordinance.
Current image of mixed use building.
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SPECIAL NOTE:
Due to the tight turnaround time from the 14th to the March 21st public hearing, staff has
provided some written responses to the questions council posed; however, additional information
will be presented at the hearing.
Prohibition on merger of lodge units or change in use
Section 1 of the draft ordinance has been amended to require an ordinance amendment if a
reduction in the number of approved lodge units is proposed, if an increase the size of a lodge
unit is proposed, or if a change in the use of the commercial or lodge uses on the property is
proposed.
Prohibition on condominiumization/sale of parking spaces
Section 5 of the draft ordinance has been amended to note that the parking cannot be
condominiumized as units, sold or rented.
What are the rules regarding parking passes for a lodge project
As it currently stands, all lodges can buy street parking permits for $3.00 each (good for one
week). There is no limit on the amount that a lodge can buy. The lodge permits are only good to
park in residential areas.
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What potential impacts are associated with the alley garage access.
Information on this topic will be discussed at the public hearing.
3/14/2016 MEMO
LAND USE REQUESTS AND REVIEW PROCEDURES:
The applicant is requesting an amendment to Ordinance No. 2 (Series of 2015).City Council is
the sole review authority.
BACKGROUND:
Ordinance No. 2 (Series of 2015) approved Base 1 (now Base) Lodge on February 9, 2015. The
approval was for 44 lodging bedrooms, accessory lodge use in the basement, commercial net
leasable on the ground floor and a rooftop deck. The ordinance also included a number of
variations from the underlying zone district regulations with regard to height, off-street parking,
and employee generation rates as it pertains to affordable housing. Staff determined that the
approvals were void due to a submission deadline that was missed earlier this year. The
applicant, as a condition of reinstatement of the approvals, proposes to remove any variations
that were granted in the original ordinance.
Base
Lodge
Hatched
Areas are
residential
areas
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ORDINANCE AMENDMENT PROPOSAL:
The applicant is proposing to amend specific sections of the original ordinance to meet the
conditions approved in the reinstatement. Specifically, the applicant is proposing the following
changes to the ordinance:
• The height variation granted for the roof top bathrooms is to be vacated by removing the
bathrooms. The underlying zone district allows up to 38 feet in height for three story
buildings and a variation up to 41 feet was granted for the bathrooms. With removal of
the bathrooms the height of the building will be 35’ -6”.
• A car elevator is proposed to provide valet served parking to a new, underground garage
that will be located below the approved basement for up to 24 vehicles. Eleven of the
spaces are provided with a hydraulic car lift, allowing for the vertical stacking of two
cars. Twenty-three off-street spaces are required per the proposal.
• The employee generation rate is being proposed at .6 per lodging bedroom compared to
the .3 granted in the ordinance. The higher rate is the generation rate required in the
Commercial Lodge zone.
Some changes have occurred due to the inclusion of the auto lift such as a reduction in net
leasable area on the ground floor and a reduction of lodge units. Overall floor area appears to be
reduced and the numbers will be memorialized during Detail Review for this project. Otherwise,
staff has incorporated changes as necessary in the ordinance to reflect the current project.
RECOMMENDATION:
As the request removes all variations from the 2015 approval, staff recommends that the request
to amend Ordinance No. 2, Series of 2015, be approved on second reading.
PROPOSED MOTION:
“I move to approve Ordinance No. 6, Series of 2016 on second reading.”
CITY MANAGER COMMENTS:_____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
ATTACHMENTS:
EXHIBIT A – Ordinance No.2 (Series of 2015)
EXHIBIT B – Summary of Differences
EXHIBIT C – Approved Plan Sets
EXHIBIT D – Proposed Plan Sets
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RECEPTION#: 617733, 03/02/2015 at
03:32:55 PM,
1 OF 10, R $56.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE NO. 2
SERIES OF 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL
COMMERCIAL DESIGN REVIEW APPROVAL, PLANNED DEVELOPMENT—
PROJECT REVIEW APPROVAL,AND GROWTH MANAGEMENT APPROVALS,
FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR BASE 1-LODGE LOCATED ON
PROPERTY COMMONLY KNOWN AS 730 EAST COOPER STREET CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID:2 73 7-073-20-008
WHEREAS, the Community Development Department received an application for the
Base 1 Lodge (the Application) from 730 E. Cooper LLC (Applicant), represented by Haas Land
Planning for the following land use review approvals:
Planned Development—Project Review,pursuant to Land Use Code Chapter 26.445.
Growth Management Review — Replacement of Existing Commercial and Lodge
Development, pursuant to Land Use Code Chapter 26.470.
Growth Management Review—Lodge Development, pursuant to Land Use Code Chapter
26.470.
Growth Management Review—Affordable Housing, pursuant to Land Use Code Chapter
26.470.
Commercial Design Review, pursuant to Land Use Code Section 26.412; and,
WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect
on the day of initial application—October 20, 2014, as applicable to this Project; and,
WHEREAS, the Application for the Base 1 Lodge proposes:
42 lodge units and 44 bedrooms in 7,612 square feet of net livable area.
3,295 square feet of accessory commercial net leasable space; and,
WHEREAS, the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department,
Environmental Health Department, Parks Department, Parking Department, Aspen/Pitkin County
Housing Authority, Public Works Department, and the Transportation Department as a result of
the Development Review Committee meeting; and,
WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use
Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a
recommendation for approval with the condition that affordable housing be mitigated onsite by the
board was provided at their November 5, 2014, regular meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the proposed Application and recommended approval with conditions; and,
WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Planned Development -
Project Review approval may be granted by the City Council at a duly noticed public hearing after
considering recommendations by the Planning and Zoning Commission, the Community
Development Director, and relevant referral agencies; and,'
730 E.Cooper St., Base 1
Ordinance#2, Series 2015
Page 1 of 10
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WHEREAS,pursuant to Chapter 26.304, Common Development Review Procedures, and
Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews,
as identified herein, have been combined to be considered by the City Council at a duly noticed
public hearing after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WHEREAS, such combination of review procedures was done to ensure clarity of review,
was accomplished with all required public noticing provided as evidenced by an affidavit of public
noticing submitted to the record, and the public was provided a thorough and full review of the
proposed development; and,
WHEREAS, the Planning and Zoning Commission reviewed the Application at duly
noticed public hearing on January 6, 2015 continued from December 2, 2014 and December 16,
2014,during which the recommendations of the Community Development Director and comments,
from the public were requested and heard by the Planning and Zoning Commission; and,
WHEREAS, during a duly noticed public hearing on January 6, 2015, the Planning and
Zoning Commission approved Resolution 1, Series of 2015, by a four to two (4 - 2) vote
recommending City Council approve Planned Development Project Review and Growth
Management, and deny Commercial Design Conceptual Review; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit of
public notice submitted to the record, a public open house was provided by the applicant to meet
the requirements of Land Use Code Section 26.304.035, and the public was provided a thorough
and full review of the proposed development; and,
WHEREAS,on January 12,2015 the Aspen City Council approved Ordinance No. 2, Series
2015,on First Reading by a to four to one (4- 1)vote; and,
WHEREAS,during a public hearing on February 9,2015, continued from January 26,2015,
the Aspen City Council approved Ordinance No.2,Series 2015,by a five to zero(5-0)vote,approving
with conditions the Base 1 Planned Development and all necessary land use reviews; and,
WHEREAS,the Aspen City Council has reviewed and considered the development proposal
under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered the recommendation of the Planning and Zoning Commission, the Community
Development Director,the applicable referral agencies,and has taken and considered public comment
at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal,(with conditions,
is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
730 E.Cooper St., Base 1
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Section 1:Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby grants — Project Review approval, Growth Management approvals, Conceptual
Commercial Design approval, for a Site Specific Development Plan for Base 1 Lodge, 730 E.
Cooper Street, subject to the conditions of approval as listed herein. Exhibit A describes the
dimensional requirements. Minor changes during PD — Detail Review and/or building permit
review may be approved such that they do not exceed those in the underlying zone district.
Section 2: Subsequent Reviews
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Applicant is required to obtain Final Commercial Design Review and Planned Development —
Detail Review following approval of the reviews outlined herein. The applicant shall combine
these applications, and they shall be made no later than one (1) year following City Council
approval of the reviews outlined herein.
Section 3: Growth Management Allotments
3.1 Reconstruction Credits. Based on the existing development at 730 E. Cooper St. (aka
Buckhorn Lodge),the Applicant is entitled to the following reconstruction credits,pursuant to
Land Use Chapter 26.470
a. A total of 4 lodging bedrooms, 8 lodge pillows, are credited toward the Project's lodge
GMQS allotment request.
b. A reconstruction credit'of 3,751 square feet of net leasable area is credited toward the
Project's 3,295 square feet of commercial net leasable area, with the extra 456 square feet
being applied to the lodge bedrooms.
3.2 Growth Management Allotments. The following growth management allotments are granted
to the Base 1 Lodge:
a. 40 lodging bedrooms=80 lodging pillows. Added to the reconstruction credits,the project
represents 44 lodging bedrooms or 88 pillows.
Section 4: Affordable Housing
The Lodge Preservation Overlay Zone District employee generation rate of 0.3 FTEs per bedroom
is established for Base 1 Lodge. Affordable housing mitigation shall be provided in the form of cash
in lieu in accordance with the rate in place at the time of building permit submittal for Category 4 or
in the form of affordable housing credits for Category 4. Unless otherwise waived, any further
increase in lodge rooms or commercial net leasable area requires affordable housing mitigation at
the rate defined in the Land Use Code at the time of application for the Lodge Preservation Overlay
Zone District.
Section 5: Planned Development—Detail Review
730 E. Cooper St., Base 1
Ordinance#2, Series 2015
Page 3 of 10
1
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In addition to the general documents required as part of a Planned Development—Detail Review,
the following items shall be required as part of the Application's Planned Development— Detail
Review:
a. A trash utility area meeting City standards or as otherwise approved by the Utility and
Environmental Health Departments.
b. Transformer location.
c. A signage plan.
d. Vestibules for both commercial spaces.
e. An Outdoor Lighting Plan,pursuant to Section 26.575.150.
f. An existing and proposed Landscaping Plan, identifying trees with diameters and values.
g. A draft Construction Management Plan.
h. A snow storage and snow shedding plan. Snow is not permitted to shed off roofs onto
neighboring properties. Demonstrate that any snow which sheds off roofs will remain on-
site.
i. An updated and final Transportation Impact Analysis(TIA), including a monitoring plan.
j. A plan for deliveries, pursuant to Section 26412.060.B..
k. Add an entrance on Cooper Street into the commercial space.
1. Draft sidewalk and right of way civil plans.
in. Draft public amenity agreement.
n. Draft parking lease/agreement for any offsite spaces.
Section 6: Subdivision/PD Plat and Agreement
The Applicant shall submit a Subdivision/PD agreement(hereinafter"Agreement")that meets the
requirements of the Land Use Code within 180 days of final approval. C The 180 days shall
commence upon the granting of Final Commercial Design and Planned Development — Detail
Review approvals by the Planning and Zoning Commission. The recordation documents shall be
submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land
Use Code.
a. In accordance in Section 26.490.040, Approval Documents Content and Form, the
following plans are required in the Approved Plan Set:
1. Final Commercial Design Review/Architectural Character Plan.
2. Planned Development Project and Detail Review Plans.
3. Public Infrastructure Plan.
b. In accordance with Section 26.490.050, Development Agreements, a Development
Agreement shall be entered into with the City.
1. Public Amenity: Public access easement for the rooftop,public amenity space.
Public hours of access for the rooftop deck and a curfew for the rooftop deck shall
be included. The Development Agreement shall specify that the public hours are
able to be amended from time to time to allow for occasional closures for private
events and operational needs.
2. Off-site Parking: Fifteen (15) off-street parking shall be provided pursuant to
Section 13, below. Actual dates and operational requirements for off-site
parking, as well as requirements for the satisfactory substitution for the off-site
parking requirement in the event that the initial lease is no longer available,
730 E.Cooper St.,Base 1
Ordinance 92, Series 2015
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shall be set forth as part of the Development Agreement, on terms satisfactory
to the Community Development Director and the City Attorney.
3. Final Transportation Impact Analysis.
c. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the
applicant shall provide a site protection guarantee and a site enhancement guarantee.
d. In accordance with Section 26.490.070, Performance Guarantees, the following
guarantees are required in an amount equal to 150% of the current estimated cost of the
improvement:
1. Landscape Guarantee.
2. Public Facilities and Public Infrastructure Guarantee.
3. Storm Water and Drainage Improvements Guarantee.
Section 7: Engineering
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code,
Title 21 and all construction and excavation standards published by the Engineering Department.
a. Drainage: The project shall meet the Urban Runoff Management Plan Requirements. Provide a
full major drainage report that meets URMP and Engineering Design Standards with building
permit submittal.
b. Sidewalk/Curb/Gutter: The corner of Cooper Ave and Original St could be a potential location
for a pedestrian bulb out. This option should be considered given the long crossing distances and
level of pedestrian traffic in this area. All sidewalk curb and gutter shall meet the Engineering
Standards of City of Aspen Municipal Code Title 21. Sidewalks within the Right of Way may not
be altered to accommodate hotel entrances. Directional ADA ramps are required on the corner of
Cooper Ave. and Original St.
c. Encroachments: The building overhang into the ROW must have a minimum height of 7'.
Include information on how the overhang is supported. Buildings shall not overhang into the alley.
Locate all utility pedestals and electric transformers to within the property boundary.
d. Excavation Stabilization: Due to the proximity of the neighboring property and the excavation
of the building, an excavation stabilization plan shall be submitted to the Engineering Department
prior to building permit submittal.
e. CMP: The Construction Management Plan shall describe mitigation for: parking,
staging/encroachments, and truck traffic.
f. Survey Requirement: Pothole and provide depth to utilities on the survey as part of building
permit submittal.
Section 8: Fire Mitigation
730 E.Cooper St.,Base 1
Ordinance#2, Series 2015
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All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not
limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire
sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 9: Parks
a. Tree Removal: A tree removal permit for the cottonwood tree in front of the property along
Cooper Street is tabled pending review by the Planning and Zoning Commission for further
consideration during Detailed Review. Tree removal permits for the remaining trees may be
submitted as part of the building permit submittal.
b. Miti agtion: Mitigation for removals must be met by paying cash in lieu, planting on site, or a
combination of both, pursuant to Chapter 13.20 of the City Municipal Code. Any plantings on the
roof shall not qualify as mitigation. The applicant shall explore potential sites around the property
to allow full maturation of trees. This shall be included as part of the PD Detail Review.
c. Tree Protection: A tree protection plan indicating the drip lines of each individual tree or
groupings of trees remaining on site shall be included in the building permit application for any
demolition or significant site work. .The plan shall indicate the location of protective zones for
approval by the City Forester and prohibit excavation, storage of materials, storage of construction
backfill, storage of equipment, and access over or through the zone by foot or vehicle.
Section 10: Aspen Consolidated Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office.
Service is contingent upon compliance with the District's rules, regulations, and specifications, which
are on file at the District office.
ACSD will review the approved Drainage plans to assure that clear water connections (roof,
foundation, perimeter, patio drains) are not connected to the sanitary sewer system.
On-site utility plans require approval by ACSD.
Oil and Grease interceptors(not traps) are required for all food processing establishments.
Oil and Sand separators are required for parking garages and vehicle maintenance establishments.
Driveway entrance drains must drain to drywells.
Elevator shafts drains must flow thru o/s interceptor
Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific
ACSD requirements and prior to soil stabilization. Soil nails are not allowed in ROW.
Below grade development may require installation of a pumping system. Above grade development
shall flow by gravity.
One tap is allowed for each building. Shared service line agreements may be required where more than
one unit is served by a single service line.
730 E. Cooper St., Base 1
Ordinance#2, Series 2015
Page 6 of 10
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IX.a
Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will
require approval by ACSD where soft and hard landscaping may impact public ROW or easements to
be dedicated to the district.
All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop
an estimate for this project once detailed plans have been made available to the district.
Where additional development would produce flows that would exceed the planned reserve capacity
of the existing system (collection system and or treatment system) an additional proportionate fee will
be assessed to eliminate the downstream collection system or treatment capacity constraint.Additional
proportionate fees would be collected over time from all development in the area of concern in order
to fund the improvements needed.
Where additional development would produce flows that would overwhelm the planned capacity of
the existing collection system and or treatment facility,the development will be assessed fees to cover
the costs of replacing the entire portion of the system that would be overwhelmed. The District would
fund the costs of constructing reserve capacity in the area of concern (only for the material cost
difference for larger line).
A "Line Replacement Request" and a "Collection System Agreement are required for these projects.
Both are ACSD Board of Director's action items.
Pool drain sizing shall be approved by the District.
Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any
portion of the public and private sanitary sewer system. The glycol storage areas must have approved
containment facilities.
The applicant's engineer shall furnish average and peak flows as well as proposed service size prior to
final design.
The district will be able to respond with more specific comments and requirements once detailed
building and utility plans are available.
Section 11: Environmental Health
The State of Colorado mandates specific mitigation requirements with regard to asbestos.
Additionally,code requirements to be aware of when filing a building permit include: a prohibition
on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement.
The trash enclosures shall meet the minimum requirements outlined in Title 12 unless varied
through Special Review. Prior to Detail PD Review, the dimensions of the trash area and an
accessible route to the trash area shall receive approval by the Environmental Health Department.
Section 12: Transportation
A specific narrative associated with the Transportation Impact Analysis shall be submitted with
the Detailed PD Review application. The TDM and MMLOS measures described below shall be
implemented. Additional TDM and MMLOS measures may be required during Detailed Review.
730 E.Cooper St., Base 1
Ordinance#2, Series 2015
Page 7 of 10
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IX.a
Prior to arrival providing guests with information for RFTA.
Providing bus passes to employees that live down valley.
Local and airport shuttle service.
Either partner with Wecycle or provide bicycles for guests.
Section 13: Parking
a. Loading Zone: Two on-street parking spaces shall be signed loading zones — location to be
approved by the Parking and Engineering Departments.
b. Proof of Off-site Parking: Applicant shall provide for use by its guests fifteen (15) parking
spaces. If parking is provided off-site, a fully executed lease agreement for 15 specifically
designated, year-round off-site parking spaces, with an initial term of not less than five (5) years
and an option for at least one additional five (5) year term, shall be provided prior to the issuance
of'a Certificate of Occupancy. At the, end of any lease agreement for off-site parking spaces
provided pursuant to this section,the applicant shall provide a satisfactory substitution for the off-
site parking requirement. Actual dates and operational requirements for off-site parking, as well
as requirements for the satisfactory substitution for parking in the event that the initial lease is no
longer available, shall be set forth as part of the Development Agreement, on terms satisfactory to
the Community Development Director and the City Attorney.
Section 14: Water/Utilities
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the
Aspen Municipal Code, as required by the City of Aspen Water Department. All Water System
Distribution standards in place at the time of building permit shall apply, and all tap fees will be .
assess per applicable codes and standards. Utility and transformer placement and design shall
meet adopted City. of Aspen standards. Transformer location shall be included in the Detailed
Review application.
Section 15: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code
unless otherwise varied through Detailed Review. Low light emission glazing shall be specified
in the building permit.
Section 16: Public Amenity Spaces
The Applicant has committed to providing a ground level courtyard and roof top public amenity
spaces. These spaces shall be permanently accessible by the public through stairs and/or elevators.
The rooftop space shall not be enclosed with permanent walls/windows or otherwise enclosed as
interior conditioned space. The ground level courtyard may be enclosed with a roof and walls
through an administrative amendment. See Section 6.b.1 for specific hours and operational
information to be included in the Development Agreement.
Section 17:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department, the Planning and Zoning Commission, or the
730 E.Cooper St.,Base 1
Ordinance#2, Series 2015
Page 8 of 10
P147
IX.a
Aspen City Council are hereby incorporated in such plan development approvals and the same
shall be complied with as if fully set forth herein, unless amended by other specific conditions or
an authorized authority.
Section 18:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 19:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council
of the City of Aspen on the 12th day of January, 2015.
4S even kadron,Mayor
ATTE( :
V
Linda anning,City Clerk
FINALLY, adopted,passed and approved this 9th day of February, 2015.
APPROVED AS TO FORM: APPROVED S TO ONT NT:
Ames R. True,City Attorney Steven% kadron, ayor
ATT T:
nda Manning, City Clerk
Attachments:
Exhibit A: Dimensional Requirements
Exhibit A—Dimensional Requirements
Table 1:
Approved Dimensions
front yard (Cooper
W
St.)
a
730 E.Cooper St.,Base 1
Ordinance#2, Series 2015
Page 9 of 10
P148
IX.a
side yard (Original
0'
St.)
side yard (west) 5'
rear(alley) 0'
maximum height 35'6"top of third floor parapet
41' top of rooftop bathrooms
public amenity 69%
minimum off-site
15
parking spaces
cumulative floor
2.49:1(17,260 s
area
lodge floor area 1.74:1 (12,051 sf)
average lodge unit
about 177
size
lodge net livable
7,784 sf
area
Commercial floor
0.66:1 (4,592 sf)
area
Commercial net
3,295 sf
leasable area
Number of lodge
42 units/44 bedrooms
units/bedrooms
Except as specified in Table 1,the project is subject to the exemptions in the Land Use Code at
the time of building permit submittal.
730 E.Cooper St.,Base 1
Ordinance#2, Series 2015
Page 10 of 10
P149
IX.a
Ivrvrr, marl vu, cvra
10851270
Ad Ticket#5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail: ANGELA.SCOREYQa CITY
Client:
Caller: Angela Scorey City: Aspen
Receipt State: CO Zip: 81611
Ad Name: 10851270A Original Id: 10851222
Editions: 8ATI/8ATW/Class: 0990
Start: 01/08/15 Stop: 01/08/15
Color: Issue 1
Copyline: atw 730 EAST COOPER AVE Rep: AT Legals
PUBLIC NOTICE
RE:730 EAST COOPER AVE- PLANNED DE-
VELOPMENT- PROJECT REVIEW,COMMER-
CIAL DESIGN REVIEW CONCEPTUAL,
GROWTH MANAGEMENT,WAIVERS and VARI-
Lines: 39 ANCES
Depth: 3.27 NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday.January 26.2015.at a
meeting to begin at 5:00 p.m. before the Aspen
Columns: 1 City Council.Council Chambers, City Hall. 130 S.
Galena St..Aspen.to consider an application sub-
mitted by 730 E.Cooper LLC,for the property lo-Discount:0.00 cated at 730 E.Cooper Ave..represented by Mitch
Haas of Haas Land Planning.LLC.The applicant
requests approval to redevelop the property with aCommission: 0.00 new three story above grade building with roof
deck and basement level. The project proposes
lodge and commercial uses. Planned Develop-
Net:0.00 merit Project Review.Conceptual Commercial De-
sign Standards Review. Growth Management.
0.00 Waiver and Variances are requested. The re-
Tax: quested development approvals associated with
this application may be modified by the approving
body. The property is legally described as the
Total 19.73 easterly 9:27 fee of Lot Q.and all of Lots R and S.
Block 105.City and Townsite of Aspen.Parcel ID
2737-182-27-004 and 2737-182-27-.904. For fur-
ther information.contact Sara Adams at the City ofPayment0.00 Aspen Community Development Department. 130
S. Galena St.. Aspen. CO. (970) 429.2778.
sara.adams@cityofaspen.com.
sJ Steven Skadron
Aspen Mayor
Published in the Aspen Times on January 8.2015
10851270)
Ad shown is not actual print size
P150
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1
BASE LODGE
Summary of Differences Between PD-Project Review Approvals of
Ordinance No. 2-2015 and the Proposed PD-Detailed Review
Introduction:
The proposed Base lodge development is unlike any other to come before the
City for review in the last 40 or so years. The applicant’s proposed
redevelopment of the Buckhorn Lodge property will create a unique and
affordable-by-design lodge in the downtown Aspen area. The lack of modest
lodging in Aspen has been a hot-button issue in the city for more than 40 years.
City staff and elected officials have been outwardly hoping for exactly the type of
“entry-level” lodging that is now being provided by the applicant. None of the
other lodging proposals that have come before the City in the last who-knows-
how-many years have addressed this need in any kind of pure and traditional
lodging form. The lodging proposed for this site has no free-market residential,
timeshare, or fractional ownership components. It is simply a traditional lodge
with unit sizes that will unquestionably result in affordable nightly rates relative
to comparable options in or around Aspen, yet Base includes highly desirable
features and amenities that will not only serve its guests but also be open to the
public.
In light of clear community sentiment, the applicant has revised the proposal
since the Ordinance No. 2 approval. The revisions are fully consistent with the
approvals and the project still successfully addresses the goals of the Aspen Area
Community Plan, albeit even more so now; however, the revised project as now
proposed fully complies with the provisions and requirements of the Land Use
Code without the need for any variations whatsoever, not even those variations
that were previously approved. The project continues to comply with all other
dimensional requirements of the underlying CL zoning. The three variations
approved under Ordinance No. 2 included the following:
• A 4 foot height variation for the rooftop deck bathrooms (allowed at a
height of 41-feet where the underlying zoning would allow only 37-feet);
(These rooftop deck bathroom facilities have been removed and the
currently proposed structure complies with the approved 35’-6” height
limit to the top of the third floor parapet, as allowed under the CL zoning.
The elevators and stairs provide access to restrooms within the lodge and
the elevator overruns comply with the Code allowance to exceed the
maximum height limit specified for the CL zoning by not more than ten
feet.)
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2
• An off-street parking requirement variation allowing a total of 15 off-site
spaces where the Code would have required 25.3 on-site spaces; and (As
discussed later herein, the off-street parking requirement is now a bit less
than 25.3 spaces since the lodge unit count has decreased from 42 to 40
units and the commercial net leasable area has also decreased; the revised
proposal complies with Code requirements for parking.)
• Approval to utilize the Lodge Preservation (LP) zone district employee
generation rate of 0.3 Full-Time Equivalent employees (FTEs) per lodge
bedroom as opposed to the 0.6 FTE/lodge bedroom rate required by Code
for the project’s underlying Commercial Lodge (CL) zoning. (Affordable
housing requirements and calculations per the Code are addressed later in
this application.)
Proposal Update:
The design has been infused with landscaping between the ground level beams
and columns to soften the streetscape. Similarly, new, detached sidewalks will be
installed along both street frontages (Cooper Avenue and Original Street) and
these sidewalks will be separated from the street by parkway strips with street
trees. The corner and crosswalks will be improved and a pair of bi-directional
accessibility ramps will be added. A landscaped bulb-out corner will be installed
to improve pedestrian safety and shorten the street crossings, calm traffic, and
beautify the streetscape. This bulb-out will be landscaped and will act as a traffic
calming/slowing feature at the intersection as it will decrease the road width on
both approaches. The bulb-out will reduce the distance required to cross each
street for pedestrians and cyclists. The sidewalks in the bulb-out will include
directional ADA ramps and detectable warnings.
The Base lodge will include a pair of accessory commercial spaces at the street
level as well as its lobby and reception spaces and an open-air public amenity
courtyard. The courtyard is accessible through the lobby area and from the five
(5) foot wide walkway that will run along the entire west side of the property.
The two ground floor accessory commercial spaces are intended to house a food
service establishment, a barber shop, and a yet to be determined retail
establishment that will all serve not only lodge guests but also the local Aspen
community, in general. Both the Original Street and the Cooper Avenue
streetscapes will be enlivened significantly. The restaurant space fronts on
Cooper Avenue and is designed to include operable street-front window systems
that will engage the improved sidewalk area in the manner seen today at HOPS
Culture, on the Hyman Avenue mall. A setback area has been added at the
southwest corner of the building, on Cooper Avenue, to accommodate a
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3
restaurant pick-up/take-out window. These features will also serve to engage
the public, and greatly enliven and improve the pedestrian experience.
Today, the property is essentially continuous curb cuts on both the Cooper
Avenue and Original Street frontages with vehicles moving in all directions and
little-to-no true sidewalks to speak of, much less parkway planting strips or
anything remotely approaching a positive pedestrian experience. Further
deteriorating the pedestrian experience is the location at a corner/intersection
that is shared with the City Market loading docks. In addition, by eliminating all
of the expansive curb cuts and associated vehicle movements, two new parallel
parking spaces will be created on Cooper Avenue and three new spaces (two of
which will be for loading/pick-ups and drop-offs) will be created on Original
Street. These two hotel pick-up and drop-off spaces will also be used for valet
parking service.
With development of the proposed Base lodge, minimum sidewalk widths of
eight (8) feet will be provided for the entire property frontages along Cooper
Avenue and Original Street. These sidewalks will be detached from the curb and
parkway-planting strips with drip-irrigated street trees that will include
electrical outlets (i.e., for holiday lighting) will be provided. The parkway area in
front of the Retail “B” space (closest to Benedict Commons) will also include a
bench for pedestrian seating. The sidewalks will include decorative concrete
banding to compliment the building’s architecture.
With regard to transportation and other community benefits of the project, there
is an unsponsored WE-cycle station on the Cooper Avenue side of the site. This
station is not sponsored by any private entities. It is proposed that the Base lodge
will replace this WE-cycle station with a larger capacity facility and sponsor it.
As a result, the unsponsored station will then be moved to another location in
the City of Aspen where deemed beneficial and needed. The applicant is also
committing to provide its guests and employees with We-cycle passes so as to
offer its guests and employees (including valet parkers) a quick, convenient,
healthy and environmentally sensitive way to get around Aspen and to/from
events. It is also hoped that local employees will use this benefit as a means of
commuting to/from work and running errands since the locker room facilities
(which include showers) in the basement of the lodge will be available for their
use as well. In a related vein, the hotel lobby has been designed to include a
room that will be made available for overnight storage of hotel guests’ bicycles
and skis, depending on the season and on a first-come first-served basis, as space
remains available. Finally, the Base lodge will contract with an existing shuttle
service provider for local and airport shuttle service, and bus passes will be
provided to lodge employees who live down valley.
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4
Comparison with Project Review Approval:
Ordinance No. 2 (Series of 2015) granted Conceptual Commercial Design Review
approval, Growth Management Approvals, and Planned Development-Project
Review Approval for the Base lodge on February 9, 2015. As is normal and to be
expected, further refinement of the design, including full civil, structural, and
mechanical engineering, as well as appropriate responses to community
sentiment, have resulted in some modest but helpful changes to the project and
program. It is felt that these changes are fully consistent with the PD-Project
Review approvals and the underlying Commercial Lodge (CL) zoning.
Provided below is an accounting of all revisions proposed with the PD-Detailed
Review application relative to the applicable conditions of Ordinance No. 2
(Series of 2015). Where the proposal remains fully consistent with the language
of the Ordinance, those conditions are not addressed herein however, each and
every condition is specifically addressed in the full PD-Detailed Review
application that was submitted to the City on February 8, 2016).
Section 1:Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal Code, City Council hereby grants – Project Review approval,
Growth Management approvals, Conceptual Commercial Design approval,
for a Site Specific Development Plan for Base 1 Lodge, 730 E. Cooper
Street, subject to the conditions of approval as listed herein. Exhibit A
describes the dimensional requirements. Minor changes during PD –
Detail Review and/or building permit review may be approved such that
they do not exceed those in the underlying zone district.
Per the language of this Section 1, “Minor changes during PD – Detail Review
and/or building permit review may be approved such that they do not exceed
those [dimensional requirements] in the underlying zone district.” In light of
clear community sentiment, the applicant has revised the proposal since the
Ordinance No. 2 approval. The revisions are fully consistent with the approvals
and the project still successfully addresses the goals of the Aspen Area
Community Plan, albeit even more so now; however, the revised project as now
proposed fully complies with the provisions and requirements of the Land Use
Code without the need for any variations whatsoever, not even those variations
that were previously approved. The project as currently proposed fully complies
with all dimensional requirements of the underlying CL zoning.
The approved Dimensional Requirements, as contained in Exhibit A of the
Ordinance, are detailed on the table below relative to those of the underlying CL
zone district and the current Detailed Review proposal.
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5
Approved Dimension* CL Zone District
Requirement*
Proposed PD*
Min. Front Setback
(Cooper Ave.)
0’ 0’ 0’
Min. Side Setback
(Original St.)
0’ 0’ 0’
Min. Side Setback
(West)
5’ 0’ 5’
Min. Rear Setback
(Alley)
0’ 0’ 0’
Maximum Height
35’-6” top of third
floor parapet
41’ top of rooftop
bathrooms
38’-40’ through
Commercial Design
Review; 50’ allowed for
stair and elevator
enclosures
35’-6” top of third floor
parapet; no rooftop
bathrooms; 49’9” for
top of elevator overrun
Min. Public Amenity 69% (4,780 sf) 17.7% of 1,227 sf 55.8% on-site, plus
42.1% off-site; 97.9%
total (3,863 sf on-site,
including 960.7 sf at
ground level and 2,903
sf on roof terrace; plus
2,919 sf in adjacent
rights-of-way)
Minimum Off-Street
Parking Spaces
15 off-site spaces 22.4 off-street spaces on-site/off-street
parking for 24 cars
Max. Cumulative
Floor Area
2.49:1 (17,260 sf) 2.5:1 (17,317.5 sf) 2.34:1 (16,200 sf)
Max. Lodge Floor
Area
1.74:1 (12,051 sf) 2:1 (13,854 sf) 1.93:1 (13,340 sf)
Average Lodge Unit
Size
Approximately 177 N/A Approximately 203 sf
Max. Lodge Net
Livable Area
7,784 sf N/A 8,104 sf
Max. Commercial
Floor Area
0.66:1 (4,592 sf) 1:1 (6,927 sf) 0.42:1 (2,860 sf)
Max. Commercial Net
Leasable Area
3,295 sf N/A 2,360 sf
Number of Lodge
Units/Bedrooms
42 units/44 bedrooms N/A 40 units/40
bedrooms/70 beds
* Except as specified, the project is subject to (may avail itself of) the exemptions in the
Land Use Code at the time of building permit submittal.
Per the Ordinance and the applicable PD-Detailed Review standards (i.e.,
standard A. Compliance with Project Review Approval), minor changes to the
approved dimensional requirements are allowed provided they do not exceed
those requirements of the underlying CL zone district. Changes to the
dimensions are also allowed when such changes are made to address direction
received during Project Review. These types of minor changes have been made
as part of the current PD-Detailed Review application, as discussed below.
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The proposal remains fully consistent with both the approved setback
requirements and those of the CL zone district. The project also remains fully
consistent with the approved height limitations and those of the underlying CL
zoning; however, a 4-foot height variation for the rooftop bathrooms was granted
with the PD-Project Review approval (allowed at a height of 41-feet where the
underlying zoning would allow only 37-feet). The applicant has decided to
forego this variation allowance; these rooftop deck bathroom facilities have been
removed and the proposed structure complies with the approved 35’-6” height
limit to the top of the third floor parapet, as allowed under the CL zoning. The
elevators and stairs provide access to restrooms within the lodge. The design also
includes some decorative features that are integral to the architecture, including
the ladders, the steel pulley-systems and associated canopy support cables, and
the east-facing beam extensions to which these features are attached; the tops of
these features exceed 35’-6” but fall well within the current height limit of the
underlying zoning, as explained in the following paragraph.
Oddly enough, the current CL zone district dimensional requirements state that,
“For projects with an average lodge unit size of four hundred fifty (450) square feet or
less, [this project’s average lodge unit size is less than half of 450 square feet]
three-story elements of a building may be 38 feet, which may be increased to 40 feet
through commercial design review.” In other words, current zoning allows a height
limit of 38-feet by right for the proposed structure’s three stories, and the CL
zone district’s specified maximum height limit is 40 feet.
The stair enclosures and elevator overruns comply with the zoning/Code
allowance of a height of up to 50’ (10 feet above the maximum specified height
limit of the CL zone district), as also permitted under the approved dimensional
limitations. These enclosures are set in the center of the structure, more than 20
feet from the Original Street, Cooper Avenue and alley facades. By the same
token, rooftop mechanical equipment has been sited, grouped and screened such
that these areas will be setback from all street-facing façades of the building by
not less than fifteen feet and these features will not extend more than six feet
above the height of the building at the point where such equipment is attached,
inclusive of any pad the equipment is placed on. Most importantly, the elevator
and stair enclosures, and the screened rooftop mechanical equipment will not
affect the visible height of the building as seen from the street level.
Similarly, the rooftop deck guardrail was, during the Conceptual review, built-in
as a parapet wall that effectively increased the measured and perceived height of
the building. For the current proposal, the guardrail has been moved inward so
as to be located 42-inches from the edge of the roof (setback of guardrail is equal
to the height of the guardrail) and allow the guardrail to be exempt from height
measurement. Further, to minimize visual impacts associated with the guardrail,
it will be constructed of glass/transparent material.
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Next, the proposal is consistent with the prior representations and with the
approvals and Code requirements for public amenity space. The existing public
amenity space includes 1,227 square feet (17.7% of the lot area), making that the
amount required upon redevelopment.
Per Section 26.575.030.C. of the Code, “Proposed public amenities and improvements
to the pedestrian environment within proximity of the development site may be
approved by the Planning and Zoning Commission, pursuant to Chapter 26.412,
Commercial Design Review. These may be improvements to private property,
public property or public rights-of-way [emphasis added].” As currently shown
on the proposed PD-Detailed Review plans, the applicant is providing a total of
3,863 square feet of public amenity space on-site and another 2,919 square feet of
public amenity space in the form of improvements to the adjacent rights-of-way.
Consistent with the PD-Project Review approvals, the on-site public amenity
spaces include the walkway along the westerly property boundary, its associated
courtyard, and on-site landscaping adjacent to the sidewalks (960.7 square feet),
as well as the rooftop deck (2,903 square feet). In addition, the project includes
some 2,919 square feet of significant enhancements and improvements to the
adjacent rights-of-way.
While the designs of and commitments relative to these public amenity spaces
and improvements are more specifically discussed in the full PD-Detailed
Review application, both the Original Street and the Cooper Avenue streetscapes
will be enlivened significantly. A restaurant space fronts on Cooper Avenue and
is designed to include operable street-front window systems that will engage the
improved sidewalk area in the manner seen today at HOPS Culture, on the
Hyman Avenue mall. A setback area has been added at the southwest corner of
the building, on Cooper Avenue, to accommodate a restaurant pick-up/take-out
window; this feature will also serve to enliven and improve the pedestrian
experience.
Today, the property is essentially continuous curb cuts on both the Cooper
Avenue and Original Street frontages with vehicles moving in all directions and
little-to-no true sidewalks to speak of, much less parkway planting strips or
anything remotely approaching a positive pedestrian experience. Further
deteriorating the pedestrian experience is the property’s location at the same
corner/intersection as the City Market loading docks.
With development of the proposed Base lodge, minimum sidewalk widths of
eight feet will be provided for the entire property frontages along Cooper
Avenue and Original Street. These sidewalks will be detached from the curb, and
parkway-planting strips with drip-irrigated street trees that will include
electrical outlets (i.e., for holiday lighting) will be provided. The parkway area in
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front of the Retail “B” space will also include a bench for pedestrian seating. The
sidewalks will include decorative concrete banding to compliment the building’s
architecture.
As another improvement to the adjacent rights-of-way, a roadside “bulb-out” is
proposed at the northwest corner of Cooper Avenue and Original Street. This
bulb-out will be landscaped and will act as a traffic calming/slowing feature at
the intersection as it will decrease the road width on both approaches. The bulb-
out will reduce the distance required to cross each street for pedestrians and
cyclists. The sidewalks in the bulb-out will include bi-directional ADA ramps
and detectable warnings.
In addition, there is an unsponsored WE-cycle station on the Cooper Avenue
side of the site. This station is not sponsored by any private entities. It is
proposed that the Base lodge will replace this WE-cycle station with a larger
capacity facility and sponsor it. As a result, the unsponsored station will then be
moved to another location in the City of Aspen where deemed beneficial and
needed. The applicant is also committing to provide its guests and employees
with We-cycle passes so as to offer its guests and employees a quick, convenient,
healthy and environmentally sensitive way to get around Aspen and to/from
events.
With regard to parking, the PD-Project Review approval Ordinance requires a
total of 15 off-site spaces, subject to certain terms and conditions that are further
discussed and addressed below. The Code, however, requires a total of one off-
street and on-site (or on an adjacent site under common ownership but no such
site exists) space for every 1,000 square feet of commercial net leasable area, plus
0.5 spaces per lodging unit; as currently proposed, the 40 lodge units and 2,360
square feet of net leasable commercial area generate a combined requirement for
22.4 on-site parking spaces. The proposed PD-Detailed Review plans include a
subbasement level served by an automobile lift that is accessed from the alley
and includes dedicated on-site, valet-only parking for 24 vehicles, including one
handicap parking space as required. This revised parking proposal is a minor
change inasmuch as it is fully compliant with the Code and the CL zoning, but it
is an important change inasmuch as it addresses direction received both during
and since Project Review, and it eliminates the need for the previously granted
variation that has not sat well with the public.
The project’s cumulative, lodging, and commercial floor area numbers have
simply been more accurately calculated and refined based on design changes
necessitated by detailed engineering studies. That said, these floor area numbers
remain below the applicable limits of the CL zone district and highly consistent
with the PD-Project Review approval. Similarly, while the average net livable
area of the lodge units has increased marginally since approval of Ordinance
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No. 2 (Series of 2015), this was the result of greater structural and other
engineering and building code considerations causing a decrease in total
number of lodge units (from 42 to 40, a loss of one unit per floor) but still
putting the total available space to efficient and productive use. The CL zoning
does not regulate average lodge unit sizes and the only place where the Code
addresses average lodge unit size at all is in Section 26.470.070.8.2, where all
lodge units of 300 net livable square feet or smaller are lumped into a single
category; the proposed average lodge unit size of approximately 203 net livable
square feet remains well below this codified 300 square feet threshold. Similarly,
while the total number of lodge units decreased by two, the project continues to
provide 70 lodging beds. The nominal 26 or so square feet increase in average
lodge unit size and the total amount of lodging being provided both remain
more than sufficiently consistent with the Project Review approval.
Section 2: Subsequent Reviews
Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal Code, the Applicant is required to obtain Final Commercial
Design Review and Planned Development – Detail Review following
approval of the reviews outlined herein. The applicant shall combine
these applications, and they shall be made no later than one (1) year
following City Council approval of the reviews outlined herein.
As required, the submitted application seeks concurrent reviews and approvals
for Final Commercial Design Review and PD-Detail Review. The Ordinance was
finally adopted, passed and approved on the 9th day of February 2015. The PD-
Detailed Review and Final Commercial Design Review application was
submitted on February 8, 2016, which is less than one year following adoption of
Ordinance No. 2 (Series of 2015).
Section 3: Growth Management Allotments
3.1 Reconstruction Credits. Based on the existing development at 730 E.
Cooper St. (aka Buckhorn Lodge), the Applicant is entitled to the
following reconstruction credits, pursuant to Land Use Chapter 26.470
a. A total of 4 lodging bedrooms, 8 lodge pillows, are credited toward the
Project’s lodge GMQS allotment request.
b. A reconstruction credit of 3,751 square feet of net leasable area is
credited toward the Project’s 3,295 square feet of commercial net
leasable area, with the extra 456 square feet being applied to the lodge
bedrooms.
3.2 Growth Management Allotments. The following growth management
allotments are granted to the Base 1 Lodge:
a. 40 lodging bedrooms = 80 lodging pillows. Added to the
reconstruction credits, the project represents 44 lodging bedrooms or
88 pillows.
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Ordinance No. 2 (Series of 2015) recognizes in its Section 3.1 that the applicant
maintains the following reconstruction credits, exempt from GMQS pursuant to
Code Section 26.470:
• A total of 4 lodging bedrooms, 8 lodging pillows, are credited toward the
Project’s lodge GMQS allotment request;
• A reconstruction credit of 3,751 square feet of net leasable area is credited
toward the Project’s 3,295 square feet of commercial net leasable area,
with the extra 456 square feet being applied to the lodge bedrooms.
Accordingly, Section 3.2 of Ordinance No. 2 (Series of 2015) granted the
following growth management allotments to the Base 1 Lodge, which continue to
apply for the review of this PD-Detailed Review application: 40 lodging
bedrooms = 80 lodging pillows; added to the reconstruction credits, the project
represents and has been allotted 44 lodging bedrooms or 88 pillows. As
explained in the staff memorandum to City Council dated February 9, 2015, “the
proposed commercial space is less than the existing space, so there is no mitigation
required for the commercial component.” The proposed ground floor commercial
space has only become smaller since Project Review approval. Any and all other
commercial space has been deemed accessory and incidental to the lodging use
making its mitigation requirements one and the same as and part of that
associated with the lodging use.
Section 4: Affordable Housing
The Lodge Preservation Overlay Zone District employee generation rate of
0.3 FTEs per bedroom is established for Base 1 Lodge. Affordable housing
mitigation shall be provided in the form of cash in lieu in accordance with
the rate in place at the time of building permit submittal for Category 4 or in
the form of affordable housing credits for Category 4. Unless otherwise
waived, any further increase in lodge rooms or commercial net leasable area
requires affordable housing mitigation at the rate defined in the Land Use
Code at the time of application for the Lodge Preservation Overlay Zone
District.
Per Section 4 of Ordinance No. 2 (Series of 2015), mitigation for employee
generation applicable to the Base Lodge shall be based on an employee
generation rate of 0.3 FTE (Full-Time Equivalents) per bedroom, and the
mitigation shall be provided in the form of cash in lieu in accordance with the
rate in place at the time of building permit submittal for Category 4 or in the
form of affordable housing credits for Category 4. These rates shall apply to the
44 lodging bedrooms/88 pillows approved through the Ordinance; again, “the
proposed commercial space is less than the existing space, so there is no mitigation
required for the commercial component.” Unless otherwise waived, the Ordinance
further explains that, any additional lodge rooms or commercial net leasable area
(above 3,295 square feet) requires affordable housing mitigation at the rate
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defined in the Land Use Code at the time of application for the Lodge
Preservation (LP) Overlay Zone District.
Again, in light of clear community sentiment, the applicant has revised the
proposal in a manner that is fully consistent with the approvals and the project
still successfully addresses the goals of the Aspen Area Community Plan, albeit
even more so now; however, the revised project as now proposed fully complies
with the provisions and requirements of the Land Use Code without the need for
any variations whatsoever, not even those variations that were previously
approved.
As such, the applicant is proposing to forego the Project Review approval to
utilize the Lodge Preservation (LP) zone district employee generation rate of 0.3
Full-Time Equivalent employees (FTEs) per lodge bedroom. Instead, and in strict
compliance with the Code, the applicant is voluntarily proposing to use and be
subject to the 0.6 FTE/lodge bedroom rate required by Code for the underlying
Commercial Lodge (CL) zoning. Consequently, and in accordance with the
foregoing, the total employee generation of the currently proposed 36 net new
lodge units is 21.6 FTEs (36 net new units x 0.6 FTE/unit). Since, pursuant to
Code Section 26.470.070.8.2, the average unit size continues to fall well below the
300 square feet average unit size threshold, housing mitigation is required for
10% of this FTE generation. In other words, mitigation in the form of Category 4
cash in lieu or Category 4 Certificates of Affordable Housing Credits will be
provided for 2.16 FTEs (21.6 x 10%).
Section 5: Planned Development – Detail Review
In addition to the general documents required as part of a Planned
Development – Detail Review, the following items shall be required as
part of the Application’s Planned Development – Detail Review:
a. A trash utility area meeting City standards or as otherwise approved by
the Utility and Environmental Health Departments.
The currently proposed trash and utility area are depicted on Sheets A-102 and
A-201 of the architectural plans set prepared by C+T. The provided area
measures 300 square feet, has more than 10 feet of vertical clearance, and is
accessed from the alley by overhead sectional doors. All interior use spaces can
access the trash/recycling storage area without leaving the property.
b. Transformer location.
The applicant’s representatives have been in communication with the City
Utilities Department and have agreed on minimum required dimensions for the
transformer and clearances on each side. The provided plans prepared by C+T
depict compliance with and satisfaction of the agreed upon requirements.
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c. A signage plan.
A signage plan has been provided.
d. Vestibules for both commercial spaces.
Rather than unnecessarily and inefficiently consuming interior space with airlock
entries, all entrances will be equipped with interior air curtains, and this will
effectively eliminate the potential need for temporary exterior entry additions.
Interior air curtains supply the same function as vestibules.
e. An Outdoor Lighting Plan, pursuant to Section 26.575.150.
An outdoor lighting plan has been prepared in accordance with Code Section
26.575.150.
f. An existing and proposed Landscaping Plan, identifying trees with
diameters and values.
A survey depicting existing trees and their diameters was provided with the PD-
Project Review application and remains valid. An updated survey is included
with the PD-Detailed Review application. In addition, a proposed landscaping
plan prepared by Connect One Design depicts the existing and proposed
plantings.
g. A draft Construction Management Plan.
A draft Construction Management Plan has been prepared by Centaur and is
provided with the PD-Detailed Review application.
h. A snow storage and snow shedding plan. Snow is not permitted to
shed off roofs onto neighboring properties. Demonstrate that any snow
which sheds off roofs will remain on-site.
The engineering plans and reports submitted with the PD-Detailed Review
application address snowmelt. The rooftops and adjacent sidewalks will be snow
melted and drainage to green roof areas and/or drywells is being accommodated
on site. No snow is expected to shed off the flat roofs or onto neighboring
properties.
i. An updated and final Transportation Impact Analysis (TIA), including
a monitoring plan.
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An updated and final TIA, including a monitoring plan, has been provided with
the PD-Detailed Review application.
j. A plan for deliveries, pursuant to Section 26.412.060.B.
The currently proposed designs comply with all requirements of Code Section
26.412.060.B. The proposal includes two drop-off/loading and unloading spaces
within the public right-of-way along Original Street. In addition, the alley will
serve as the means for the majority of deliveries and the plans include a five-foot
wide walkway along the entirety of the property’s westerly boundary, providing
access to all internal spaces to/from the alley without the need to leave the
property. The function of the alley will be greatly improved as the existing
conditions include trash dumpsters, a grease trap, mechanical units, parking, and
parts of the building (including a 5-foot deep overhang) all encroaching into the
alley right-of-way, thereby constraining and narrowing its functional width to
approximately 15-feet. All proposed improvements are within the property
boundaries, thus restoring the full 20.2 feet of functioning alley width.
Furthermore, the existing conditions include some 5-7 separate and
uncoordinated users of the alley (from the subject property only) and trash
dumpsters where the redevelopment, by contrast, will include a single entity
(and, therefore, a single point of contact) that will manage and coordinate all
usage of the alley.
k. Add an entrance on Cooper Street into the commercial space.
Due to site-specific constraints discovered during the engineering of the
project/plans, the applicant has found this requirement to result in a practical
difficulty and needs to satisfy the spirit of this condition only, but cannot satisfy
its letter.
The property loses approximately 3.5 feet in elevation from the Cooper Avenue
sidewalk to the alley, and the Cooper Avenue frontage itself drops more than a
foot in elevation from east to west. These site-specific elevations changes,
coupled with ADA requirements within and around the structure, City
requirements for remaining above the 100-year flood elevation, and the desire for
a functional ground level plan result in the finished floor elevation at retail space
“A” being 2.76 inches (at the southwest corner) to 7.56 inches (at the southeast
corner) below the finished elevation of the Cooper Avenue sidewalk. Along these
lines, it is noted that Section 7.b. of the Ordinance stipulates that, “Sidewalks
within the Right of Way may not be altered to accommodate hotel entrances.” Thus,
building entrances and finished floor elevations must be adjusted to function
with the sidewalk elevations and not vice versa, regardless of the fact that the
sidewalks are sloped to a significant degree.
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Consequently, a public entrance into the commercial space on the Cooper
Avenue side would only be practicable some 27 or so feet from the southeast
corner of the building to match the restaurant’s finished floor elevation.
However, an entrance at that location would impose a practical difficulty as it
would change the entire program of the building from that which has been
approved by requiring that the applicant break up the open-window seating
areas on the south side. Furthermore, the applicant is attempting to keep the
finished floor elevation as low as possible to make grades work around the
southeast corner of the building but, at the same time, having the finished floor
elevations remain above flooding elevations.
The goal of this condition was to enliven the Cooper Avenue streetscape. The
proposed plans accomplish this goal through the inclusion of significant
storefront windows, many of which are fully operational so as to allow the
ground floor restaurant seating and the vitality associated therewith to spill out
onto the sidewalks. The streetscape will be further enlivened with the inclusion
of the proposed restaurant take-out/pick-up window. It is noteworthy that not a
single commercial entryway faces Cooper Avenue on either side of the subject
block with the exception of those existing on the subject site, but these are set
behind a paved driveway and parking area that preclude a positive affect on the
streetscape or its vitality. In other words, not a single commercial space on the
subject block can be accessed directly from the adjacent sidewalks and the
introduction of a single restaurant entrance will not have nearly as positive an
affect on the streetscape vitality as will the proposed operational storefront
windows, the take-out window, and the outdoor dining opportunities coupled
with the new sidewalks, parkway strips and street trees.
In the end, an entrance from Cooper Avenue to the proposed commercial space
“A” would be the only one on the entire subject block and would necessitate
splitting the Cooper Avenue frontage into two parts to allow for an accessible
entryway with steps and a ramp down to the finished floor elevation, which
would in turn serve to accentuate the grade difference. Such an entrance would
also result in the loss of most if not all of the operational storefront glazing that
will accommodate outdoor seating and the real streetscape vitality that was the
objective of requiring a Cooper Avenue entrance in the first place. Further design
and engineering has proven that the condition was counter-productive relative
to the goal of enlivening the streetscape and that the proposed plan
appropriately responds to site-specific constraints while providing a more
practical, better solution.
l. Draft sidewalk and right of way civil plans.
The Sopris Engineering plans and report provided with the PD-Detailed Review
application include draft sidewalk and right-of-way civil plans, including
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performance guarantee plans. The landscape plans also address the sidewalks
and rights-of-way.
m. Draft public amenity agreement.
Per Section 16 of the Ordinance (see also the response provided above relative to
Section 1 of the Ordinance), the applicant has satisfied the public amenity space
requirement for the Base lodge development by committing to provide on-site,
ground level and roof top public amenity spaces, as well as significant
improvements to the adjacent public rights-of-way. Subject to public hours of
access and a curfew for the rooftop deck, public access easements are being
provided by the applicant to ensure that these spaces will be permanently
accessible to and by the public through stairs and/or elevators. The roof top
space will not be enclosed with permanent walls/windows or otherwise
enclosed as interior conditioned space while the ground level courtyard may be
enclosed with a roof and walls through an administrative amendment (no such
amendment is requested at this time).
As required in the Ordinance, these requirements and limitations are defined in
the proposed PD Development Agreement that was submitted with the PD-
Detailed Review application, which Agreement also specifies, in accordance with
the Ordinance, that the public hours are able to be amended from time to time to
allow for occasional closures for private events and operational needs.
n. Draft parking lease/agreement for any offsite spaces.
This condition has been rendered inapplicable, as the applicant is no longer
proposing off-site parking. Instead, the proposed PD-Detailed Review plans
include an on-site subbasement level served by an automobile lift that will be
accessed from the alley. The garage includes dedicated on-site parking for 24
vehicles, including one handicap parking space as required. All use of the on-site
parking will be by valet service. This revised parking proposal is a minor change
inasmuch as it is fully compliant with the Code and the CL zoning, but it is an
important change inasmuch as it addresses direction received both during and
since Project Review, and it eliminates the need for the previously granted
variance that has not sat well with the public.
Section 6: Subdivision/PD Plat and Agreement
The Applicant shall submit a Subdivision/PD agreement (hereinafter
“Agreement”) that meets the requirements of the Land Use Code within
180 days of final approval. The 180 days shall commence upon the
granting of Final Commercial Design and Planned Development – Detail
Review approvals by the Planning and Zoning Commission. The recordation
documents shall be submitted in accordance with the requirements of Section
26.490 Approval Documents of the Land Use Code.
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a. In accordance in Section 26.490.040, Approval Documents Content and
Form, the following plans are required in the Approved Plan Set:
1. Final Commercial Design Review/ Architectural Character Plan.
2. Planned Development Project and Detail Review Plans.
3. Public Infrastructure Plan.
A draft PD Development Agreement has been provided for review as part of the
PD-Detailed Review application. The draft will be updated and revised per staff’s
review as well as to reflect any conditions of the PD-Detailed Review approval. The
updated draft will then be submitted to the City for review within 180 days from
the issuance of a Development Order after the Planning and Zoning Commission
grants PD-Detailed Review approval. The final, accepted and signed PD
Development Agreement, however, need not be recorded within said 180-day
timeframe although the applicant will make a good faith effort to achieve as much.
Furthermore, all documents required by the City of Aspen Community
Development Director pursuant to Code Section 26.490.040.D. will also be provided
as a Final Development Plan for review within the same 180-day timeframe with
the goal of having the Final Development Plan recorded in the records of the Pitkin
County Clerk and Recorder concurrently with the PD Development Agreement
and as soon after submission for review as practicable. The Final Development Plan
will reflect all final approvals and be recorded in lieu of separate Planned
Development Project and Detail Review Plans.
b. In accordance with Section 26.490.050, Development Agreements, a
Development Agreement shall be entered into with the City.
1. Public Amenity: Public access easement for the rooftop public
amenity space. Public hours of access for the rooftop deck and a
curfew for the rooftop deck shall be included. The Development
Agreement shall specify that the public hours are able to be amended
from time to time to allow for occasional closures for private events
and operational needs.
2. Off-site Parking: Fifteen (15) off-street parking shall be provided
pursuant to Section 13, below. Actual dates and operational
requirements for off-site parking, as well as requirements for the
satisfactory substitution for the off-site parking requirement in the
event that the initial lease is no longer available, shall be set forth
as part of the Development Agreement, on terms satisfactory to the
Community Development Director and the City Attorney.
3. Final Transportation Impact Analysis.
As previously stated, a draft PD Development Agreement has been provided.
The applicant has satisfied the public amenity space requirement for the Base
lodge development by committing to provide a ground level courtyard and roof
top public amenity spaces, as well as improvements to the adjacent rights-of-
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way. Subject to public hours of access and a curfew for the rooftop deck, public
access easements are being provided by the applicant to ensure that these spaces
will be permanently accessible to and by the public through stairs and/or
elevators. The roof top space will not be enclosed with permanent
walls/windows or otherwise enclosed as interior conditioned space while the
ground level courtyard may be enclosed with a roof and walls through an
administrative amendment (no such amendment is requested at this time). As
required in the Ordinance, these requirements and limitations are defined in the
proposed PD Development Agreement provided with the PD-Detailed Review
application, which Agreement also specifies, in accordance with the Ordinance,
that the public hours are able to be amended from time to time to allow for
occasional closures for private events and operational needs.
All of the various off-street parking requirements contained in the Ordinance
(Sections 6.b.2. and 13.) have been addressed above, in response to the
requirements of the Ordinance’s Sections 1 and 5.n.
The draft Development Agreement also addresses requirements for the
Transportation Impact Analysis (TIA). Section 12 of the Ordinance outlines
requirements for the Transportation Impact Analysis (TIA) and is satisfied with
the report provided by Sopris Engineering as part of the PD-Detailed Review
application package. No additional TDM or MMLOS measures should be
required and the submitted TIA already demonstrates mitigation of far more net
vehicle trips than the project will generate.
c. In accordance with Section 26.490.060, Financial and Site Protection
Requirements, the applicant shall provide a site protection guarantee and
a site enhancement guarantee.
d. In accordance with Section 26.490.070, Performance Guarantees, the
following guarantees are required in an amount equal to 150% of the
current estimated cost of the improvement:
1. Landscape Guarantee.
2. Public Facilities and Public Infrastructure Guarantee.
3. Storm Water and Drainage Improvements Guarantee.
In accordance with Sections 6.c. and 6.d. of the Ordinance, the draft
Development Agreement and the Civil Engineering package provided with the
PD-Detailed Review application combine to address all required site protection,
site enhancement, landscape, public facilities and public infrastructure, and
storm water and drainage improvements guarantees.
Section 7: Engineering
The Applicant’s design shall be compliant with all sections of the City of
Aspen Municipal Code, Title 21 and all construction and excavation
standards published by the Engineering Department.
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a. Drainage: The project shall meet the Urban Runoff Management Plan
Requirements. Provide a full major drainage report that meets URMP
and Engineering Design Standards with building permit submittal.
b. Sidewalk/Curb/Gutter: The corner of Cooper Ave and Original St could
be a potential location for a pedestrian bulb out. This option should be
considered given the long crossing distances and level of pedestrian
traffic in this area. All sidewalk curb and gutter shall meet the
Engineering Standards of City of Aspen Municipal Code Title 21.
Sidewalks within the Right of Way may not be altered to
accommodate hotel entrances. Directional ADA ramps are required on
the corner of Cooper Ave. and Original St.
c. Encroachments: The building overhang into the ROW must have a
minimum height of 7’. Include information on how the overhang is
supported. Buildings shall not overhang into the alley. Locate all
utility pedestals and electric transformers to within the property
boundary.
d. Excavation Stabilization: Due to the proximity of the neighboring
property and the excavation of the building, an excavation stabilization
plan shall be submitted to the Engineering Department prior to
building permit submittal.
e. CMP: The Construction Management Plan shall describe mitigation for:
parking, staging/encroachments, and truck traffic.
f. Survey Requirement: Pothole and provide depth to utilities on the
survey as part of building permit submittal.
Ordinance Sections 7.a., 7.d. and 7.f. are requirements associated with building
permit submittal but these concerns have been preliminarily addressed in the
Civil Engineering package prepared by Sopris Engineering and attached to the
PD-Detailed Review application. Section 7.b. of the Ordinance is also addressed
in the Sopris Engineering plan sheets, while the requirements of Section 7.c. are
satisfactorily addressed in the provided C+T Architectural Plans. Sections 7.d.
and 7.e. are addressed in the CTL Thompson Geotechnical Report and the draft
Centaur Construction Management Plan (CMP), both of which were also
submitted as part of the PD-Detailed Review application package.
Section 8: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This
includes but is not limited to access (International Fire Code (IFC), 2003
Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC,
as amended, Section 903 and 907).
The building permit application will demonstrate compliance with all applicable
codes adopted by the Aspen Fire Protection District (AFPD), the Aspen
Consolidated Sanitation District (ACSD), and the City of Aspen Water/Utilities
Department. Many of these requirements have already been preliminarily
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addressed to the extent required for PD-Detailed Review in the submitted
application package.
Section 9: Parks
a. Tree Removal: A tree removal permit for the cottonwood tree in front
of the property along Cooper Street is tabled pending review by the
Planning and Zoning Commission for further consideration during
Detailed Review. Tree removal permits for the remaining trees may be
submitted as part of the building permit submittal.
b. Mitigation: Mitigation for removals must be met by paying cash in
lieu, planting on site, or a combination of both, pursuant to Chapter
13.20 of the City Municipal Code. Any plantings on the roof shall not
qualify as mitigation. The applicant shall explore potential sites around
the property to allow full maturation of trees. This shall be included as
part of the PD Detail Review.
c. Tree Protection: A tree protection plan indicating the drip lines of each
individual tree or groupings of trees remaining on site shall be
included in the building permit application for any demolition or
significant site work. The plan shall indicate the location of protective
zones for approval by the City Forester and prohibit excavation,
storage of materials, storage of construction backfill, storage of
equipment, and access over or through the zone by foot or vehicle.
Despite the professional opinion of an arborist that the aforementioned
cottonwood tree has a mere 15 years (approximate) to live before it becomes a
liability, and despite the fact that the applicant is having a difficult time
obtaining proper insurance for the development because of this tree, the
applicant is attempting to work around it. The proposed plans provide a 5-feet
setback at the southwest corner of the property so as to accommodate
maintaining the large cottonwood in the public right-of-way. The adjacent
sidewalks have been configured to allow for accessible routes around the trunk
and initial reviews with representatives of the Parks Department indicate that
they believe the tree can withstand the construction as planned. It is the opinion
of Connect One Design that no architectural changes are needed to accommodate
preservation of the cottonwood, although some relatively minor pruning of
branches on the northerly side of the canopy may prove necessary in the future.
All tree removal mitigation requirements will be satisfied via payment of cash in-
lieu, plantings in the adjacent rights-of-way, or a combination of both; it is
understood that any plantings on the roof will not qualify as mitigation. The
building permit application package will include a tree protection plan for the
large cottonwood located in the Cooper Avenue right-of-way. There are no other
trees on the property requiring protection.
Section 10: Aspen Consolidated Sanitation District Requirements
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Service is contingent upon compliance with the District’s rules,
regulations, and specifications, which are on file at the District office…
The building permit application will demonstrate compliance with all applicable
codes adopted by the Aspen Fire Protection District (AFPD), the Aspen
Consolidated Sanitation District (ACSD), and the City of Aspen Water/Utilities
Department. Many of these requirements have already been preliminarily
addressed to the extent required in the submitted PD-Detailed Review
application.
Section 11: Environmental Health
The State of Colorado mandates specific mitigation requirements with
regard to asbestos. Additionally, code requirements to be aware of when
filing a building permit include: a prohibition on engine idling, regulation
of fireplaces, fugitive dust requirements, noise abatement.
The trash enclosures shall meet the minimum requirements outlined in
Title 12 unless varied through Special Review. Prior to Detail PD
Review, the dimensions of the trash area and an accessible route to the
trash area shall receive approval by the Environmental Health Department.
The requirements of the Ordinance’s Section 11 have been preliminarily
addressed in the draft CMP and on the architectural plans set, as also discussed
above in response to the Ordinance’s Section 5.a. The requirements identified in
this Section 11’s first paragraph will be finally addressed as part of the building
permit process, as required. The proposed trash enclosure complies with the
Environmental Health Department requirements outlined in Title 12 of the Code
as it supplies 300 square feet of storage area with a greater than 10-foot height
clearance and is accessible from all interior spaces without leaving the property.
Access to/from the alley is via overhead sectional doors. The proposed trash and
utility area are depicted on the architectural plans set prepared by C+T and
submitted with the PD-Detailed Review package.
Section 12: Transportation
A specific narrative associated with the Transportation Impact Analysis
shall be submitted with the Detailed PD Review application. The TDM
and MMLOS measures described below shall be implemented. Additional
TDM and MMLOS measures may be required during Detailed Review.
• Prior to arrival providing guests with information for RFTA.
• Providing bus passes to employees that live down valley.
• Local and airport shuttle service.
• Either partner with Wecycle or provide bicycles for guests.
This Section 12 of the Ordinance outlines requirements for the Transportation
Impact Analysis (TIA) and is satisfied with the report that has been provided by
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21
Sopris Engineering as part of the PD-Detailed Review application. No additional
TDM or MMLOS measures should be required with this Detailed Review and the
submitted TIA already demonstrates mitigation of far more net vehicle trips than
the project will generate.
Section 13: Parking
a. Loading Zone: Two on-street parking spaces shall be signed loading
zones – location to be approved by the Parking and Engineering
Departments.
b. Proof of Off-site Parking: Applicant shall provide for use by its guests
fifteen (15) parking spaces. If parking is provided off-site, a fully
executed lease agreement for 15 specifically designated, year-round
off-site parking spaces, with an initial term of not less than five (5)
years and an option for at least one additional five (5) year term, shall
be provided prior to the issuance of a Certificate of Occupancy. At the
end of any lease agreement for off-site parking spaces provided
pursuant to this section, the applicant shall provide a satisfactory
substitution for the off-site parking requirement. Actual dates and
operational requirements for off-site parking, as well as requirements
for the satisfactory substitution for parking in the event that the initial
lease is no longer available, shall be set forth as part of the
Development Agreement, on terms satisfactory to the Community
Development Director and the City Attorney.
These requirements have been addressed above in response to the Ordinance’s
Sections 1 and 5.n. Please refer thereto as well as to the draft Development
Agreement provided with the submitted PD-Detailed Review application.
Section 14: Water/Utilities
The Applicant shall comply with the City of Aspen Water System
Standards, with Title 25, and with the applicable standards of Title 8
(Water Conservation and Plumbing Advisory Code) of the Aspen
Municipal Code, as required by the City of Aspen Water Department. All
Water System Distribution standards in place at the time of building
permit shall apply, and all tap fees will be assess per applicable codes and
standards. Utility and transformer placement and design shall meet
adopted City of Aspen standards. Transformer location shall be included
in the Detailed Review application.
The building permit application will demonstrate compliance with all applicable
codes adopted by the Aspen Fire Protection District (AFPD), the Aspen
Consolidated Sanitation District (ACSD), and the City of Aspen Water/Utilities
Department. Many of these requirements have already been preliminarily
addressed to the extent required for PD-Detailed Review in the submitted
application package.
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22
Section 15: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the
Aspen Municipal Code unless otherwise varied through Detailed Review.
Low light emission glazing shall be specified in the building permit.
An outdoor lighting plan has been prepared in accordance with Code Section
26.575.150. The outdoor lighting plan is included with the plans set provided as
part of the submitted PD-Detailed Review application package.
Section 16: Public Amenity Spaces
The Applicant has committed to providing a ground level courtyard and
roof top public amenity spaces. These spaces shall be permanently
accessible by the public through stairs and/or elevators. The rooftop space
shall not be enclosed with permanent walls/windows or otherwise
enclosed as interior conditioned space. The ground level courtyard may
be enclosed with a roof and walls through an administrative amendment.
See Section 6.b.1 for specific hours and operational information to be
included in the Development Agreement.
The only portions of the property that qualify as public amenity space are the
paved area in front of the building, where Johnny McGuire’s maintained some
seating, and the grass area at the southeast corner of the property. These two
spaces sum to 1,227 square feet, which, on this 6,926 square foot lot, equates to
17.7% public amenity space.
Per the above-cited Section 16 of the Ordinance, the applicant has satisfied the
public amenity space requirement for the Base lodge development by
committing to provide a ground level public walkway and associated courtyard,
ground level on-site landscaping adjacent to the sidewalks, and roof top public
amenity spaces, as well as substantial improvements to the adjacent public
rights-of-way. Subject to public hours of access and a curfew for the rooftop
deck, public access easements are being provided by the applicant to ensure that
these spaces will be permanently accessible to and by the public through stairs
and/or elevators. The roof top space will not be enclosed with permanent
walls/windows or otherwise enclosed as interior conditioned space while the
ground level courtyard may be enclosed with a roof and walls through an
administrative amendment (no such amendment is requested at this time). As
required in the Ordinance, these requirements and limitations are defined in the
proposed PD Development Agreement, which Agreement also specifies, in
accordance with the Ordinance, that the public hours are able to be amended
from time to time to allow for occasional closures for private events and
operational needs. Please also refer to the public amenity space discussion
provided above in response to Section 1 of the Ordinance.
P172
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23
Summary:
Per the PD-Project Review approval Ordinance and the applicable PD-Detailed
Review standards (i.e., standard A. Compliance with Project Review Approval),
minor changes to the approved dimensional requirements are allowed provided
they do not exceed those requirements of the underlying CL zone district.
Changes to the dimensions are also allowed when such changes are made to
address direction received during Project Review. These are precisely the types
of minor changes have been made as part of the current PD-Detailed Review
application.
In light of clear community sentiment, the applicant has revised the proposal
since the Ordinance No. 2 approval. The revisions are fully consistent with the
approvals and the project still successfully addresses the preponderance of
Aspen Area Community Plan goals, albeit even more so now. However, the
revised project as now proposed fully complies with the provisions and
requirements of the Land Use Code without the need for any variations
whatsoever, not even those variations that were previously approved. The
project as currently proposed fully complies with all dimensional requirements
of the underlying CL zoning.
P173
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION PA-2PROPOSED PUBLIC AMENITY 730 E. COOPER AVE.ASPEN, CO
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION RA 2-4-15 2REVISED ROOF PLAN PA-3ROOF TOP PUBLIC AMENITY__730 E. COOPER ASPEN, CO
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION A-010SITE PLAN730 E. COOPER AVE.ASPEN, CO
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Room 31 313 TYP. DORM UNITRoom 32 314 Room 33 315 Room 34 316 Room 35 317 Room 36 318
Ro
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3
7
31
9
Ro
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32
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Ro
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32
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32
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Ro
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32
6
BUNK BEDSTORAGEHOOKSSTORAGEHOOKSBUNK BED BUNK BED BUNK BED BUNK BED BUNK BED 4' - 0"3' - 8"
S
T
O
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A
G
E
H
O
O
K
S
S
T
O
R
A
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E
H
O
O
K
S
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION A-112PRELIMINARY FLOOR PLANS__730 E. COOPER ASPEN, CO
3
/
1
6
"
=
1
'
-
0
"
1
SE
C
O
N
D
F
L
O
O
R
P
L
A
N
REVISIONS NO.DATEBYDESCRIPTION
3
/
1
6
"
=
1
'
-
0
"
2
TH
I
R
D
F
L
O
O
R
P184IX.a
EL
E
V
.
#
1
40
3
LO
B
B
Y
40
0
ST
A
I
R
#
1
40
2
EL
E
V
.
#
2
40
4
ST
A
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2
40
5
OU
T
D
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R
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A
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1
'
-
1
"
1
6
'
-
1
1
"
20
'
-
1
1
"
20
'
-
2
"
20
'
-
2
"
2
1
'
-
1
"
1
6
'
-
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1
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20
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-
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1
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7'
-
9
"
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION RA 2-4-15 2REVISED ROOF PLAN A-114ROOF PLAN__730 E. COOPER ASPEN, CO
3
/
1
6
"
=
1
'
-
0
"
1
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REVISIONS NO.DATEBYDESCRIPTION P185IX.a
FI
R
E
PI
T
RE
T
A
I
L
A
10
1
RE
T
A
I
L
B
10
2
ST
A
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#
1
10
9
ST
A
I
R
#
2
10
4
RE
C
E
P
T
I
O
N
10
7
EL
E
V
A
T
O
R
10
3
EL
E
V
A
T
O
R
11
0
SK
I
S
T
O
R
A
G
E
10
6
EX
I
T
PA
S
S
A
G
E
W
A
Y
10
5
1'
-
6
"
6
'
-
6
"
20
'
-
1
"
7'
-
9
"
1
6
'
-
5
"
LO
B
B
Y
10
0
OF
F
I
C
E
10
8
CO
U
R
T
Y
A
R
D
11
1
CO
M
M
E
R
C
I
A
L
A
R
E
A
1,
6
6
8
.
6
7
S
F
NO
N
-
U
N
I
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A
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A
40
6
.
8
4
S
F
(
E
X
E
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T
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A
T
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O
)
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M
M
E
R
C
I
A
L
A
R
E
A
1,
8
0
7
.
3
4
S
F
2
0
'
-
0
"
16
'
-
5
"
TR
A
S
H
A
R
E
A
11
2
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
LO
D
G
E
82
5
.
3
9
S
F
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
20
7
.
7
8
S
F
1
9
'
-
7
"
31
'
-
1
"
1
7
'
-
3
"
31
'
-
1
"
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
99
9
.
2
0
S
F
N
O
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
5
6
1
.
8
7
S
F
(
E
X
E
M
P
T
W
A
L
K
W
A
Y
)
4'
-
4
"
5
'
-
0
"
20
'
-
5
"
ME
C
H
A
N
I
C
A
L
L1
1
0
ST
A
I
R
#
2
L1
0
4
ST
A
I
R
#
1
L1
0
5
BA
C
K
O
F
H
O
U
S
E
L1
0
7
8
6
'
-
6
"
1
0
'
-
6
"
7
1
'
-
0
"
1
6
'
-
0
"
11
'
-
6
"
3'
-
0
"
1
0
'
-
6
"
BO
W
L
I
N
G
A
L
L
E
Y
L1
0
0
BO
W
L
I
N
G
SE
R
V
I
C
E
A
R
E
A
L1
0
8
LO
U
N
G
E
L1
0
1
WO
M
E
N
'
S
L1
1
2
ME
N
'
S
L1
1
1
CO
R
R
I
D
O
R
L1
0
6
LO
B
B
Y
L1
0
9
2
'
-
5
"
EL
E
V
A
T
O
R
L1
0
2
EL
E
V
A
T
O
R
L1
0
3
6
'
-
6
"
6'
-
2
"
4'
-
1
0
"
5
'
-
7
"
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
L
O
D
G
E
1,
7
4
5
.
0
7
S
F
(
E
X
E
M
P
T
S
U
B
G
R
A
D
E
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
2,
4
4
8
.
6
8
S
F
(E
X
E
M
P
T
SU
B
G
R
A
D
E
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
L
O
D
G
E
2,
1
7
2
.
9
2
S
F
(
E
X
E
M
P
T
S
U
B
G
R
A
D
E
)
DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION RA 2-4-15 2REVISED ROOF PLAN FAR-1FAR CALCULATIONS__730 E. COOPER ASPEN, COFLOOR AREA SUMMARY:
MA
I
N
L
E
V
E
L
:
6
,
4
7
7
.
0
9
S
F
CO
M
M
E
R
C
I
A
L
A
R
E
A
:
3
,
4
7
6
.
0
1
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2
,
1
75.69 SF (PURPLE & GREEN)
LO
W
E
R
L
E
V
E
L
:
6
,
3
6
6
.
6
7
S
F
3
/
1
6
"
=
1
'
-
0
"
1
MA
I
N
F
L
O
O
R
-
F
A
R
C
A
L
C
U
L
A
T
I
O
N
S
3
/
1
6
"
=
1
'
-
0
"
2
LO
W
E
R
L
E
V
E
L
F
L
O
O
R
P
L
A
N
DE
D
U
C
T
I
O
N
S
:
9
6
8
.
7
1
S
F
(
G
R
E
E
N
)
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
5
0
8
.
3
8
S
F
TOTAL FAR: 17,260.60 SF (2.49:1 FAR)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2
,
4
4
8
.
6
8
S
F
DE
D
U
C
T
I
O
N
S
:
6
,
3
6
6
.
6
7
S
F
(
S
U
B
G
R
A
D
E
E
X
E
M
P
T
)
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
0
S
F
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
8
2
5
.
3
9
S
F
(
B
L
U
E
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
3
,
9
1
7
.
9
9
S
F
2N
D
L
E
V
E
L
:
5
,
6
7
9
.
4
0
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
7
6
.
0
7
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6
S
F
(
E
L
E
V
A
T
O
R
S
/
S
T
A
I
R
S
)
DE
D
U
C
T
I
O
N
S
:
0
S
F
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
7
9
.
4
0
S
F
3R
D
L
E
V
E
L
:
5
,
6
7
9
.
4
0
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
7
6
.
0
7
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6 SF (ELEVATOR/STAIRS)
DE
D
U
C
T
I
O
N
S
:
0
S
F
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
7
9
.
4
0
S
F
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
0
5
.
8
4
S
F
(
C
O
R
R
I
D
O
R
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
0
5
.
8
4
S
F
(
C
O
R
R
I
D
O
R
)
ZO
N
I
N
G
I
N
F
O
R
M
A
T
I
O
N
&
C
A
L
C
U
L
A
T
I
O
N
S
:
ZO
N
I
N
G
:
(
C
L
)
C
O
M
M
E
R
C
I
A
L
L
O
D
G
E
NE
T
L
O
T
A
R
E
A
:
6
,
9
2
7
S
F
(
6
9
.
2
7
'
x
1
0
0
'
)
ZO
N
I
N
G
A
L
L
O
W
A
N
C
E
(
2
.
5
:
1
)
:
1
7
,
3
1
7
.
5
S
F
(
2
.
5
x
6
,
9
2
7
S
F
)
LO
W
E
R
L
E
V
E
L
:
0
%
E
X
P
O
S
E
D WALLS (100% EXEMPT)
CA
L
C
U
L
A
T
I
O
N
S
:
GR
O
S
S
F
L
O
O
R
A
R
E
A
:
CO
M
M
E
R
C
I
A
L
S
P
A
C
E
:
3,476.01 SF
LO
D
G
I
N
G
S
P
A
C
E
:
9,152.14 SF
NO
N
-
U
N
I
T
S
P
A
C
E
:
6,121.67 SF
NO
N
-
U
N
I
T
L
O
D
G
E
S
P
A
C
E
:
6,009.20 SF
GR
O
S
S
N
O
N
-
U
N
I
T
A
R
E
A
:
1S
T
:
2
,
1
7
5
.
6
9
S
F
2N
D
:
4
9
8
.
2
6
S
F
3R
D
:
4
9
8
.
2
6
S
F
4T
H
:
3
9
3
.
4
2
S
F
LL
:
2
,
4
4
8
.
6
8
S
F
TO
T
A
L
:
6,
0
1
4
.
3
1
S
F
GR
O
S
S
N
O
N
-
U
N
I
T
T
O
T
A
L
:
6,014.31 + 5,955.06 = 11,969.37
GR
O
S
S
C
O
M
M
E
R
C
I
A
L
A
L
T
E
R
N
A
T
E
:
24
,
7
5
9
.
0
2
S
F
-
6
,
0
1
4
.
3
1
S
F
=
18,744.71 SF
GR
O
S
S
L
O
D
G
E
A
L
T
E
R
N
A
T
E
:
24
,
7
5
9
.
0
2
S
F
-
5
,
9
5
5
.
0
6
S
F
=
18,803.96 SF
TO
T
A
L
G
R
O
S
S
U
N
I
T
F
L
O
O
R
A
R
E
A
:
GR
O
S
S
F
L
O
O
R
A
R
E
A
-
N
O
N
-
U
N
I
T
F
L
O
O
R
A
R
E
A
=
24
,
7
5
9
.
0
2
S
F
-
1
1
,
9
6
9
.
3
7
S
F
=
12,789.65 SF
PE
R
C
E
N
T
A
G
E
O
F
U
S
E
C
A
T
E
G
O
R
Y
PER BUILDING FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
[
(
3
,
4
7
6
.
0
1
/
1
1
,
9
6
9
.
3
7
)
x
1
0
0
]
=
29.04%
CO
M
M
E
R
C
I
A
L
A
L
T
:
[
(
3
,
476.01/18,744.71)x100] = 18.54%
LO
D
G
I
N
G
:
[
(
9
,
1
5
2
.
1
4
/11,969.37x100] = 76.46%
LO
D
G
I
N
G
A
L
T
:
[
(
9
,
1
5
2
.
1
4
/
1
8
,
8
0
3
.
9
6
)
x
1
0
0
]
=
48.67%
AP
P
L
I
C
A
T
I
O
N
O
F
U
S
E
P
E
R
C
E
N
T
A
G
E
S
TO NON-UNIT FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
1
1
,
9
6
9
.
3
7
x
2
9
.
0
4
%
=
3,475.91 SF
CO
M
M
E
R
I
C
A
L
A
L
T
:
6
,
0
1
4
.
3
1
x
1
8
.
5
4
%
=
1,115.05 SF
LO
D
G
I
N
G
:
1
1
,
9
6
9
.
3
7
x
7
6
.
4
6
%
=
9,151.78 SF
LO
D
G
I
N
G
A
L
T
:
5
,
9
5
5
.
0
6
x
4
8
.
6
7
%
=
2,898.33 SF
FI
N
A
L
F
L
O
O
R
A
R
E
A
:
CU
M
U
L
A
T
I
V
E
:
17,260.60 SF (2.49:1)
CO
M
M
E
R
C
I
A
L
:
3
,
4
7
6
.
0
1
+
3
,
4
7
5
.
9
1
=
6,951.92 SF (1.01:1)
CO
M
M
E
R
C
I
A
L
A
L
T
:
3
,
4
7
6
.
0
1
+
1
,
1
1
5
.
0
5
=
4,591.06 SF (0.66:1)
LO
D
G
I
N
G
:
9
,
1
5
2
.
1
4
+
9
,
1
5
1
.
7
8
=
18,303.92 SF (2.64:1)
LO
D
G
I
N
G
A
L
T
:
9
,
1
5
2
.
1
4
+
2
,
8
9
8
.
3
3
=
12,050.47 (1.74:1)GROSS NON-UNIT LODGE AREA:1ST: 825.39 SF 2ND: 605.84 SF 3RD: 605.84 SF 4TH: 0 SF LL: 3,917.99 SF TOTAL: 5,955.06 SF
RO
O
F
L
E
V
E
L
:
5
,
4
9
3
.
6
2
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
5
,
4
9
3
.
6
2
S
F
(
A
L
L
A
R
E
A
S
)
DE
D
U
C
T
I
O
N
S
:
5
,
1
0
0
.
2
0
S
F
(
D
E
C
K
,
M
E
C
H
A
N
I
C
A
L
,
S
T
A
I
R
/
E
L
E
V
A
T
O
R
)
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
3
9
3
.
4
2
S
F
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
0
S
F
REVISIONS NO.DATEBYDESCRIPTION P186IX.a
FD
9'
-
8
"
6"
9'
-
8
"
6"
9'
-
8
"
6"
10
'
-
0
"
6
"
1
6
'
-
9
"
6
"
9
'
-
3
"
6
"
9
'
-
3
"
6
"
1
7
'
-
5
"
6
"
2
0
'
-
1
1
"
TO
T
A
L
:
3
6
B
E
D
S
P
E
R
F
L
O
O
R
TO
T
A
L
:
2
2
U
N
I
T
S
P
E
R
F
L
O
O
R
TO
T
A
L
U
N
I
T
S
I
N
B
U
I
L
D
I
N
G
=
4
4
U
N
I
T
S
AD
A
D
O
R
M
UN
I
T
ST
A
I
R
#
1
20
1
ST
A
I
R
#
2
20
4
1
9
'
-
0
"
CO
U
R
T
Y
A
R
D
BE
L
O
W
2
1
'
-
9
"
EL
E
V
A
T
O
R
20
3
EL
E
V
A
T
O
R
20
2
1
6
'
-
5
"
7'
-
9
"
4
'
-
5
"
20
'
-
0
"
1
6
'
-
5
"
7'
-
9
"
4'
-
2
"
4'
-
2
"
10
'
-
9
"
6"
9'
-
4
"
2
'
-
9
"
3'
-
1
0
"
4'
-
2
"
3
'
-
8
"
1
'
-
6
"
3
'
-
8
"
3
'
-
8
"
TY
P
.
D
O
R
M
UN
I
T
2'
-
8
"
2
'
-
8
"
2
'
-
8
"
2
'
-
8
"
2
'
-
8
"
2'
-
8
"
3
'
-
8
"
6'
-
5
"
5
'
-
2
"
3'
-
8
"
2
'
-
8
"
3'
-
9
"
3'
-
1
0
"
2
'
-
8
"
3'
-
1
0
"
2
'
-
8
"
4
'
-
5
"
Ro
o
m
3
20
7
LO
B
B
Y
/
C
O
R
R
I
D
O
R
20
0
Ro
o
m
4
20
8
Ro
o
m
5
20
9
Ro
o
m
6
21
0
Ro
o
m
7
21
1
Ro
o
m
9
21
3
Ro
o
m
1
0
21
4
Ro
o
m
1
1
21
5
Ro
o
m
1
2
21
6
Ro
o
m
1
3
21
7
Ro
o
m
1
4
21
8
Ro
o
m
1
5
21
9
Ro
o
m
1
6
22
0
Ro
o
m
1
7
22
1
Ro
o
m
1
8
22
2
Ro
o
m
1
9
22
3
Ro
o
m
2
0
22
4
Ro
o
m
2
1
22
5
BE
D
S
T
Y
P
E
S
P
E
R
F
L
O
O
R
:
TW
I
N
S
=
1
0
QU
E
E
N
S
=
2
6
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
49
8
.
2
6
S
F
LO
D
G
I
N
G
A
R
E
A
4,
5
7
6
.
0
7
S
F
Ro
o
m
1
20
5
Ro
o
m
8
21
2
5'
-
0
"
5'
-
3
"
4'
-
2
"
2
'
-
8
"
5'
-
3
"
2
'
-
8
"
2
'
-
8
"
2
'
-
8
"
4'
-
1
"
ø
5
' - 0
"
AD
A
GU
E
S
T
RO
O
M
ø 5' - 0"
ø
5 '
-
0
"
ø
5
'
-
0
"
12
'
-
1
"
6"
9'
-
4
"
6"
9'
-
3
"
6"
9'
-
2
"
6"
9'
-
7
"
6"
9'
-
7
"
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
LO
D
G
E
6
0
5
.
8
4
S
F
Ro
o
m
2
20
6
Ro
o
m
2
2
22
6
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
ME
C
H
A
N
I
C
A
L
SC
R
E
E
N
I
N
G
EL
E
V
.
#
1
40
3
LO
B
B
Y
40
0
ST
A
I
R
#
1
40
2
EL
E
V
.
#
2
40
4
ST
A
I
R
#
2
40
5
OU
T
D
O
O
R
TE
R
R
A
C
E
OU
T
D
O
O
R
TE
R
R
A
C
E
CO
U
R
T
Y
A
R
D
BE
L
O
W
ME
C
H
.
R
M
.
40
1
OU
T
D
O
O
R
TE
R
R
A
C
E
40
9
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
3,
8
3
0
.
8
9
S
F
(E
X
E
M
P
T
D
E
C
K
)
1
6
'
-
5
"
1
7
'
-
1
1
"
1
9
'
-
0
"
1
7
'
-
1
1
"
2
1
'
-
1
"
20
'
-
1
0
"
2
1
'
-
1
"
40
'
-
3
"
20
'
-
1
0
"
2
1
'
-
1
"
7'
-
9
"
7'
-
9
"
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
49
8
.
2
6
S
F
(E
X
E
M
P
T
)
ME
C
H
.
R
M
.
40
6
ME
C
H
A
N
I
C
A
L
SC
R
E
E
N
I
N
G
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
28
0
.
9
1
S
F
(
E
X
E
M
P
T
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
28
0
.
9
1
S
F
(
E
X
E
M
P
T
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
19
6
.
7
1
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
19
6
.
7
1
LO
W
E
R
TE
R
R
A
C
E
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
20
9
.
2
3
S
F
(
E
X
E
M
P
T
)
DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION RA 2-4-15 2REVISED ROOF PLAN FAR-2FAR CALCULATIONS__730 E. COOPER ASPEN, CO
3
/
1
6
"
=
1
'
-
0
"
1
SE
C
O
N
D
A
N
D
T
H
I
R
D
F
L
O
O
R
P
L
A
N
3
/
1
6
"
=
1
'
-
0
"
2
4T
H
F
L
O
O
R
P
L
A
N
FLOOR AREA SUMMARY:
MA
I
N
L
E
V
E
L
:
6
,
4
7
7
.
0
9
S
F
CO
M
M
E
R
C
I
A
L
A
R
E
A
:
3
,
4
7
6
.
0
1
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2
,
1
75.69 SF (PURPLE & GREEN)
LO
W
E
R
L
E
V
E
L
:
6
,
3
6
6
.
6
7
S
F
DE
D
U
C
T
I
O
N
S
:
9
6
8
.
7
1
S
F
(
G
R
E
E
N
)
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
5
0
8
.
3
8
S
F
TOTAL FAR: 17,260.60 SF (2.49:1 FAR)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2
,
4
4
8
.
6
8
S
F
DE
D
U
C
T
I
O
N
S
:
6
,
3
6
6
.
6
7
S
F
(
S
U
B
G
R
A
D
E
E
X
E
M
P
T
)
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
0
S
F
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
8
2
5
.
3
9
S
F
(
B
L
U
E
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
3
,
9
1
7
.
9
9
S
F
2N
D
L
E
V
E
L
:
5
,
6
7
9
.
4
0
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
7
6
.
0
7
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6
S
F
(
E
L
E
V
A
T
O
R
S
/
S
T
A
I
R
S
)
DE
D
U
C
T
I
O
N
S
:
0
S
F
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
7
9
.
4
0
S
F
3R
D
L
E
V
E
L
:
5
,
6
7
9
.
4
0
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
7
6
.
0
7
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6 SF (ELEVATOR/STAIRS)
DE
D
U
C
T
I
O
N
S
:
0
S
F
AR
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
7
9
.
4
0
S
F
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
0
5
.
8
4
S
F
(
C
O
R
R
I
D
O
R
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
0
5
.
8
4
S
F
(
C
O
R
R
I
D
O
R
)
ZO
N
I
N
G
I
N
F
O
R
M
A
T
I
O
N
&
C
A
L
C
U
L
A
T
I
O
N
S
:
ZO
N
I
N
G
:
(
C
L
)
C
O
M
M
E
R
C
I
A
L
L
O
D
G
E
NE
T
L
O
T
A
R
E
A
:
6
,
9
2
7
S
F
(
6
9
.
2
7
'
x
1
0
0
'
)
ZO
N
I
N
G
A
L
L
O
W
A
N
C
E
(
2
.
5
:
1
)
:
1
7
,
3
1
7
.
5
S
F
(
2
.
5
x
6
,
9
2
7
S
F
)
LO
W
E
R
L
E
V
E
L
:
0
%
E
X
P
O
S
E
D WALLS (100% EXEMPT)
CA
L
C
U
L
A
T
I
O
N
S
:
GR
O
S
S
F
L
O
O
R
A
R
E
A
:
CO
M
M
E
R
C
I
A
L
S
P
A
C
E
:
3,476.01 SF
LO
D
G
I
N
G
S
P
A
C
E
:
9,152.14 SF
NO
N
-
U
N
I
T
S
P
A
C
E
:
6,121.67 SF
NO
N
-
U
N
I
T
L
O
D
G
E
S
P
A
C
E
:
6,009.20 SF
GR
O
S
S
N
O
N
-
U
N
I
T
A
R
E
A
:
1S
T
:
2
,
1
7
5
.
6
9
S
F
2N
D
:
4
9
8
.
2
6
S
F
3R
D
:
4
9
8
.
2
6
S
F
4T
H
:
3
9
3
.
4
2
S
F
LL
:
2
,
4
4
8
.
6
8
S
F
TO
T
A
L
:
6,
0
1
4
.
3
1
S
F
GR
O
S
S
N
O
N
-
U
N
I
T
T
O
T
A
L
:
6,014.31 + 5,955.06 = 11,969.37
GR
O
S
S
C
O
M
M
E
R
C
I
A
L
A
L
T
E
R
N
A
T
E
:
24
,
7
5
9
.
0
2
S
F
-
6
,
0
1
4
.
3
1
S
F
=
18,744.71 SF
GR
O
S
S
L
O
D
G
E
A
L
T
E
R
N
A
T
E
:
24
,
7
5
9
.
0
2
S
F
-
5
,
9
5
5
.
0
6
S
F
=
18,803.96 SF
TO
T
A
L
G
R
O
S
S
U
N
I
T
F
L
O
O
R
A
R
E
A
:
GR
O
S
S
F
L
O
O
R
A
R
E
A
-
N
O
N
-
U
N
I
T
F
L
O
O
R
A
R
E
A
=
24
,
7
5
9
.
0
2
S
F
-
1
1
,
9
6
9
.
3
7
S
F
=
12,789.65 SF
PE
R
C
E
N
T
A
G
E
O
F
U
S
E
C
A
T
E
G
O
R
Y
PER BUILDING FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
[
(
3
,
4
7
6
.
0
1
/
1
1
,
9
6
9
.
3
7
)
x
1
0
0
]
=
29.04%
CO
M
M
E
R
C
I
A
L
A
L
T
:
[
(
3
,
476.01/18,744.71)x100] = 18.54%
LO
D
G
I
N
G
:
[
(
9
,
1
5
2
.
1
4
/11,969.37x100] = 76.46%
LO
D
G
I
N
G
A
L
T
:
[
(
9
,
1
5
2
.
1
4
/
1
8
,
8
0
3
.
9
6
)
x
1
0
0
]
=
48.67%
AP
P
L
I
C
A
T
I
O
N
O
F
U
S
E
P
E
R
C
E
N
T
A
G
E
S
TO NON-UNIT FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
1
1
,
9
6
9
.
3
7
x
2
9
.
0
4
%
=
3,475.91 SF
CO
M
M
E
R
I
C
A
L
A
L
T
:
6
,
0
1
4
.
3
1
x
1
8
.
5
4
%
=
1,115.05 SF
LO
D
G
I
N
G
:
1
1
,
9
6
9
.
3
7
x
7
6
.
4
6
%
=
9,151.78 SF
LO
D
G
I
N
G
A
L
T
:
5
,
9
5
5
.
0
6
x
4
8
.
6
7
%
=
2,898.33 SF
FI
N
A
L
F
L
O
O
R
A
R
E
A
:
CU
M
U
L
A
T
I
V
E
:
17,260.60 SF (2.49:1)
CO
M
M
E
R
C
I
A
L
:
3
,
4
7
6
.
0
1
+
3
,
4
7
5
.
9
1
=
6,951.92 SF (1.01:1)
CO
M
M
E
R
C
I
A
L
A
L
T
:
3
,
4
7
6
.
0
1
+
1
,
1
1
5
.
0
5
=
4,591.06 SF (0.66:1)
LO
D
G
I
N
G
:
9
,
1
5
2
.
1
4
+
9
,
1
5
1
.
7
8
=
18,303.92 SF (2.64:1)
LO
D
G
I
N
G
A
L
T
:
9
,
1
5
2
.
1
4
+
2
,
8
9
8
.
3
3
=
12,050.47 (1.74:1)GROSS NON-UNIT LODGE AREA:1ST: 825.39 SF 2ND: 605.84 SF 3RD: 605.84 SF 4TH: 0 SF LL: 3,917.99 SF TOTAL: 5,955.06 SF
RO
O
F
L
E
V
E
L
:
5
,
4
9
3
.
6
2
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
5
,
4
9
3
.
6
2
S
F
(
A
L
L
A
R
E
A
S
)
DE
D
U
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I
O
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S
:
5
,
1
0
0
.
2
0
S
F
(
D
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C
K
,
M
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)
AR
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:
3
9
3
.
4
2
S
F
NO
N
-
U
N
I
T
L
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D
G
E
A
R
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A
:
0
S
F
REVISIONS NO.DATEBYDESCRIPTION P187IX.a
UP
UP
UPUP
FI
R
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10
5
1'
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6
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6
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6
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1
6
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5
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LO
B
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10
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31
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31
'
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1
9
'
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8
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9'
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17
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9'
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17
'
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ME
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"
7
1
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1
6
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11
'
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3'
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0
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6
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BO
W
L
I
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0
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BO
W
L
I
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SE
R
V
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0
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LO
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1
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5
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EL
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0
3
6
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-
6
"
6'
-
2
"
4'
-
1
0
"
5
'
-
7
"
60
'
-
8
"
DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION RA 2-4-15 2REVISED ROOF PLAN NL-1NET LIVABLE PLANS__730 E. COOPER ASPEN, CO
3
/
1
6
"
=
1
'
-
0
"
1
MA
I
N
F
L
O
O
R
-
N
E
T
L
E
A
S
A
B
L
E
3
/
1
6
"
=
1
'
-
0
"
2
LO
W
E
R
L
E
V
E
L
F
L
O
O
R
P
L
A
N
LOWER LEVEL ROOM SCHEDULE
Nu
m
b
e
r
N
a
m
e
A
r
e
a
L1
0
0
B
O
W
L
I
N
G
A
L
L
E
Y
1
6
5
7
S
F
L1
0
1
L
O
U
N
G
E
1
7
1
9
S
F
L1
0
2
E
L
E
V
A
T
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R
4
2
S
F
L1
0
3
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L
E
V
A
T
O
R
4
2
S
F
L1
0
4
S
T
A
I
R
#
2
1
2
7
S
F
L1
0
5
S
T
A
I
R
#
1
1
2
7
S
F
L1
0
6
C
O
R
R
I
D
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R
9
8
S
F
L1
0
7
B
A
C
K
O
F
H
O
U
S
E
7
3
9
S
F
L1
0
8
B
O
W
L
I
N
G
S
E
R
V
I
C
E
AREA303 SF
L1
0
9
L
O
B
B
Y
2
2
9
S
F
L1
1
0
M
E
C
H
A
N
I
C
A
L
3
3
7
S
F
L1
1
1
M
E
N
'
S
1
3
0
S
F
L1
1
2
W
O
M
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N
'
S
1
3
0
S
F
5682 SF MAIN LEVEL ROOM SCHEDULE
Nu
m
b
e
r
N
a
m
e
A
r
e
a
10
0
L
O
B
B
Y
7
3
6
S
F
10
1
R
E
T
A
I
L
A
1
7
4
4
S
F
10
2
R
E
T
A
I
L
B
1
5
5
2
S
F
10
3
E
L
E
V
A
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R
4
1
S
F
10
4
S
T
A
I
R
#
2
1
2
7
S
F
10
5
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X
I
T
P
A
S
S
A
G
E
W
A
Y
1
2
2
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F
10
6
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K
I
S
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A
G
E
2
0
2
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F
10
7
R
E
C
E
P
T
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N
1
2
3
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F
10
8
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F
F
I
C
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9
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10
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T
A
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#
1
1
2
7
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F
11
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L
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V
A
T
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4
0
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11
1
C
O
U
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Y
A
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D
3
9
5
S
F
11
2
T
R
A
S
H
A
R
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A
3
0
8
S
F
5610 SFNET LEASABLE NET LEASABLE TOTAL NET LEASABLE: 3,295 SFTOTAL AREA:NO NET LEASABLE OR NET LIVABLE ON THIS LEVELTOTAL AREA:COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE PUBLIC AMENITYCOMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACECOMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE SUMMARY:
MA
I
N
L
E
V
E
L
:
5
,
6
0
8
S
F
TOTAL NET LEASABLE: 3,295 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 1,918 SF PUBLIC AMENITY: 395 SF
2N
D
&
3
R
D
L
E
V
E
L
:
2
N
D
-
4
,
8
9
0
S
F
,
3
R
D
-
4
,
8
9
0
S
F
TOTAL NET LEASABLE: 2ND & 3RD-0 SF TOTAL NET LIVABLE: 2ND-3,892 SF, 3RD-3,892 SF TOTAL COMMON AREA: 2 ND-999 SF, 3RD-999 SF PUBLIC AMENITY: 2ND & 3RD-0 SF
RO
O
F
L
E
V
E
L
:
5
,
0
8
2
S
F
TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 1,132 SF PUBLIC AMENITY: 3,948 SF
TO
T
A
L
C
O
M
M
O
N
A
R
E
A
:
1
0
,
7
3
0
S
F
LO
W
E
R
L
E
V
E
L
:
5
,
6
8
2
S
F
TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 5,682 SF PUBLIC AMENITY: 0 SF
TO
T
A
L
N
E
T
L
E
A
S
A
B
L
E
:
3
,
2
9
5
S
F
TOTAL NET LIVABLE: 7,784 SFTOTAL PUBLIC AMENITY: 4,343 SFTOTAL BUILDING AREA: 26,152 SF REVISIONS NO.DATEBYDESCRIPTION P188IX.a
FD
DNDN
9'
-
8
"
6"
9'
-
8
"
6"
9'
-
8
"
6"
10
'
-
0
"
6
"
1
6
'
-
9
"
6
"
9
'
-
3
"
6
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9
'
-
3
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6
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1
7
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6
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TO
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3
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9'
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3'
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4'
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3
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2
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2
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2'
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8
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2'
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2'
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3
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6'
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5
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5
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AD
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RO
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'
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8
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3'
-
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3'
-
1
0
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2
'
-
8
"
3'
-
1
0
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2
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-
8
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4
'
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5
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4
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Ro
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3
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7
LO
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20
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Ro
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4
20
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Ro
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5
20
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Ro
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6
21
0
Ro
o
m
7
21
1
Ro
o
m
9
21
3
Ro
o
m
1
0
21
4
Ro
o
m
1
1
21
5
Ro
o
m
1
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21
6
Ro
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m
1
3
21
7
Ro
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1
4
21
8
Ro
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m
1
5
21
9
Ro
o
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1
6
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0
Ro
o
m
1
7
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1
Ro
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1
8
22
2
Ro
o
m
1
9
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3
Ro
o
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2
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4
Ro
o
m
2
1
22
5
BE
D
S
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Y
P
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F
L
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R
:
TW
I
N
S
=
1
0
QU
E
E
N
S
=
2
6
5'
-
0
"
3'
-
8
"
4'
-
1
"
2
'
-
8
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2
'
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8
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4'
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5'
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5'
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Ro
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Ro
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8
21
2
ø
5 '
-
0
"
ø 5' - 0"
ø
5
' - 0
"
ø
5
'
-
0
"
12
'
-
1
"
6"
9'
-
4
"
6"
9'
-
3
"
6"
9'
-
2
"
6"
9'
-
7
"
6"
9'
-
7
"
Ro
o
m
2
20
6
Ro
o
m
2
2
22
6
Ro
o
m
2
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22
5
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
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D
B
U
N
K
B
E
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B
U
N
K
B
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B
U
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B
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B
U
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B
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION RA 2-4-15 2REVISED ROOF PLAN NL-2NET LIVABLE PLANS__730 E. COOPER ASPEN, CO
3
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Nu
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b
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m
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5184 SFTOTAL AREA:NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE TOTAL NET LIVABLE: 3,892 SF NO NET LIVABLE OR NET LEASABLE ON THIS LEVELTOTAL AREA:COMMON SPACECOMMON SPACECOMMON SPACECOMMON SPACECOMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE PUBLIC AMENITYNET LIVABLE NET LIVABLE NET LIVABLENET LIVABLESECOND LEVEL & THIRD LEVEL ROOM SCHEDULE Room 23300301302303304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326Room 24 Room 25 Room 26 Room 27 Room 28 Room 29 Room 30 Room 31 Room 32 Room 33 Room 34 Room 35 Room 36 Room 37 Room 38 Room 39 Room 40 Room 41 Room 42 Room 43 Room 44 SUMMARY:
MA
I
N
L
E
V
E
L
:
5
,
6
0
8
S
F
TOTAL NET LEASABLE: 3,295 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 1,918 SF PUBLIC AMENITY: 395 SF
2N
D
&
3
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L
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:
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-
4
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8
9
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TOTAL NET LEASABLE: 2ND & 3RD-0 SF TOTAL NET LIVABLE: 2ND-3,892 SF, 3RD-3,892 SF TOTAL COMMON AREA: 2 ND-999 SF, 3RD-999 SF PUBLIC AMENITY: 2ND & 3RD-0 SF
RO
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L
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V
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L
:
5
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0
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2
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TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 1,132 SF PUBLIC AMENITY: 3,948 SF
TO
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TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 5,682 SF PUBLIC AMENITY: 0 SF
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TOTAL NET LIVABLE: 7,784 SFTOTAL PUBLIC AMENITY: 4,343 SFTOTAL BUILDING AREA: 26,152 SF REVISIONS NO.DATEBYDESCRIPTION P189IX.a
MAIN FLOOR 0' - 0"
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION A-210EXTERIOR ELEVATIONS__730 E. COOPER ASPEN, CO
3
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 11/11/14 TTRA11-11-14 1ISSUE FOR CITY SUBMISSION A-211EXTERIOR ELEVATIONS__730 E. COOPER ASPEN, CO
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Plot Date: 02/08/16 Project #:241
Drawn By:JU Checked By:GT
PERMIT SET 02/08/16
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ISSUE & REVISION DATES
Plot Date: 02/08/16 Project #:241
Drawn By:JU Checked By:GT
PERMIT SET 02/08/16
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ISSUE & REVISION DATES
Plot Date: 02/08/16 Project #:241
Drawn By:JU Checked By:GT
PERMIT SET 02/08/16
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Plot Date: 02/08/16 Project #:241
Drawn By:JU Checked By:GT
PERMIT SET 02/08/16
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ISSUE & REVISION DATES
Plot Date: 02/08/16 Project #:241
Drawn By:JU Checked By:GT
PERMIT SET 02/08/16
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO A-101PROPOSED LOWER LEVEL 1 FLOOR PLAN 13-4400413-44004 730 E. COOPER AVE.
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO A-102PROPOSED MAIN LEVEL FLOOR PLAN 13-4400413-44004 730 E. COOPER AVE.
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO A-103PROPOSED SECOND LEVEL FLOOR PLAN 13-4400413-44004 730 E. COOPER AVE.
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO A-104PROPOSED THIRD LEVEL FLOOR PLAN 13-4400413-44004 730 E. COOPER AVE.
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2
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8
'
-
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-
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-
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9
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0
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9
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7
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3
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5.1 DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO A-105PROPOSED ROOF TERRACE PLAN 13-4400413-44004 730 E. COOPER AVE.
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NON-UNIT COMMON AREA COMMERCIAL AREA (NET LEASABLE)NON-UNIT LODGE AREA NON-UNIT COMMON AREA (EXEMPT)NON-UNIT COMMON AREA (EXEMPT - ROOF TERRACE)HATCH PATTERN LEGEND LODGE AREA (GUESTROOMS)DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO FAR-1FAR CALCULATIONS13-4400413-44004 730 E. COOPER AVE.FLOOR AREA SUMMARY:
MA
I
N
L
E
V
E
L
:
5
,
3
3
3
.
8
4
S
F
CO
M
M
E
R
C
I
A
L
A
R
E
A
:
2
,
4
7
7
.
3
2
S
F
(
R
E
D
)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2,113.11 SF (PURPLE)
LO
W
E
R
L
E
V
E
L
1
:
6
,
1
7
9
.
7
5
S
F
DE
D
U
C
T
I
O
N
S
:
9
6
6
.
0
8
S
F
(
G
R
E
E
N
)
GR
O
S
S
A
R
E
A
T
O
W
A
R
D
S
F
A
R
:
4
,
3
6
7
.
7
6
S
F
TOTAL FAR: 16,195.56 SF (2.34:1 FAR)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2,378.08 SF (PURPLE)
DE
D
U
C
T
I
O
N
S
:
6
,
1
7
9
.
7
5
S
F
(
S
U
B
G
R
A
D
E
E
X
E
M
P
T
)
GR
O
S
S
A
R
E
A
T
O
W
A
RDS FAR: 0 SF
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
7
4
3
.
4
1
S
F
(
B
L
U
E
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
3
,
8
0
1
.
6
7
S
F
(
B
L
U
E
)
ZO
N
I
N
G
I
N
F
O
R
M
A
T
I
O
N
&
C
A
L
C
U
L
A
T
I
O
N
S
:
ZO
N
I
N
G
:
(
C
L
)
C
O
M
M
E
R
C
I
A
L
L
O
D
G
E
NE
T
L
O
T
A
R
E
A
:
6
,
9
2
7
S
F
(
6
9
.
2
7
'
x
1
0
0
'
)
ZO
N
I
N
G
A
L
L
O
W
A
N
C
E
(
2
.
5
:
1
)
:
1
7
,
3
1
7
.
5
S
F
(
2
.
5
x
6
,
9
2
7
S
F
)
LO
W
E
R
L
E
V
E
L
:
0
%
E
X
P
O
S
E
D WALLS (100% EXEMPT)
CA
L
C
U
L
A
T
I
O
N
S
:
GR
O
S
S
F
L
O
O
R
A
R
E
A
:
CO
M
M
E
R
C
I
A
L
S
P
A
C
E
:
2,477.32 SF
LO
D
G
I
N
G
S
P
A
C
E
:
14,870.20 SF
NO
N
-
U
N
I
T
S
P
A
C
E
:
5,487.71 SF
GR
O
S
S
N
O
N
-
U
N
I
T
A
R
E
A
:
1S
T
:
2
,
1
1
3
.
1
1
S
F
2N
D
:
4
9
8
.
2
6
S
F
3R
D
:
4
9
8
.
2
6
S
F
4T
H
:
0
S
F
LL
:
2
,
3
7
8
.
0
8
S
F
TO
T
A
L
:
5,
4
8
7
.
7
1
S
F
GR
O
S
S
U
N
I
T
F
L
O
O
R
A
R
E
A
(
M
I
N
U
S
N
O
N
-
U
N
I
T
)
:
LO
D
G
E
F
L
O
O
R
A
R
E
A
+
C
O
MMERCIAL FLOOR AREA=
5,
4
8
7
.
7
1
+
1
4
,
8
7
0
.
2
0
=
2
0
,
3
5
7
.
9
1
TO
T
A
L
N
O
N
-
U
N
I
T
F
L
O
O
R
A
R
E
A
(MINUS LOWER LEVELS):
1S
T
F
L
O
O
R
+
2
N
D
F
L
O
O
R
+
3
R
D
F
L
O
O
R
=
2,
1
1
3
.
1
1
+
4
9
8
.
2
6
+
4
9
8
.
2
6
=
3,109.63 SF
PE
R
C
E
N
T
A
G
E
O
F
U
S
E
C
A
T
E
G
O
R
Y
PER BUILDING FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
[
(
2
,
4
7
7
.
3
2
/
2
0
,
3
5
7
.
9
1
)
x
1
0
0
]
=
12.17%
LO
D
G
I
N
G
:
[
(
1
4
,
8
7
0
.
2
0
/
2
0
,
3
5
7
.
9
1
)
x
1
0
0
]
=
73.04%
AP
P
L
I
C
A
T
I
O
N
O
F
U
S
E
P
E
R
C
E
N
T
A
G
E
S
TO NON-UNIT FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
3
,
1
0
9
.
6
3
x
1
2
.
1
7
%
=
378.44 SF
LO
D
G
I
N
G
:
3
,
1
0
9
.
6
3
x
7
3
.
0
4
%
=
2,271.27 SF
FI
N
A
L
F
L
O
O
R
A
R
E
A
:
TO
T
A
L
F
A
R
F
O
R
C
O
M
M
E
R
C
IAL: 2,477.32+378.44=2,855.76 SF(0.41:1)
TO
T
A
L
F
A
R
F
O
R
L
O
D
G
E
:
[
(
1
4
,
870.20-3,801.67)+2,271.27]=13,339.80(1.93:1)
CU
M
U
L
A
T
I
V
E
:
16,195.56 SF (2.34:1)GROSS LODGE AREA:1ST: 743.41 SF 2ND: 5,162.56 SF 3RD: 5,162.56 SF 4TH: 0 SF LL: 3,801.67 SF TOTAL: 14,870.20 SF
2N
D
L
E
V
E
L
:
5
,
6
6
0
.
8
2
S
F
LO
D
G
I
N
G
A
R
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A
:
4
,
5
5
2
.
0
1
S
F
(
R
E
D
)
NO
N
-
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N
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T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6
S
F
(
E
L
E
V
A
T
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S
/
S
T
A
I
R
S
)
DE
D
U
C
T
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S
:
0
S
F
GR
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:
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,
6
6
0
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8
2
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,
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6
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5
2
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0
1
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)
NO
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T
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M
M
O
N
A
R
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A
:
4
9
8
.
2
6 SF (ELEVATOR/STAIRS)
DE
D
U
C
T
I
O
N
S
:
0
S
F
GR
O
S
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A
R
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F
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6
6
0
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8
2
S
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NO
N
-
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N
I
T
L
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D
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A
R
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A
:
6
1
0
.
5
5
S
F
(
C
O
R
R
I
D
O
R
)
NO
N
-
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N
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T
L
O
D
G
E
A
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E
A
:
6
1
0
.
5
5
S
F
(
C
O
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R
I
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R
)
RO
O
F
L
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V
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L
:
4
,
8
1
4
.
6
8
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
,
8
1
4
.
6
8
S
F
(
A
L
L
A
R
E
A
S
)
DE
D
U
C
T
I
O
N
S
:
4
,
8
1
4
.
6
8
S
F
(
D
E
C
K
,
M
E
C
H
A
N
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C
A
L
,
S
T
A
I
R
/
E
L
E
V
A
T
O
R
)
GR
O
S
S
A
R
E
A
T
O
W
A
RDS FAR: 0 SF
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
0
S
F
3
/
1
6
"
=
1
'
-
0
"
1
MA
I
N
F
L
O
O
R
P
L
A
N
3
/
1
6
"
=
1
'
-
0
"
2
LO
W
E
R
L
E
V
E
L
-
F
A
R
REVISIONS NO.DATEBYDESCRIPTION
LO
W
E
R
L
E
V
E
L
2
:
6
,
1
7
9
.
7
5
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
6,179.75 SF (PURPLE)
DE
D
U
C
T
I
O
N
S
:
6
,
1
7
9
.
7
5
S
F
(
S
U
B
G
R
A
D
E
E
X
E
M
P
T
)
GR
O
S
S
A
R
E
A
T
O
W
A
RDS FAR: 0 SF
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
0
S
F
(
B
L
U
E
)
P212IX.a
AD
A
D
O
R
M
UN
I
T
ST
A
I
R
#
1
20
1
ST
A
I
R
#
2
20
2
CO
U
R
T
Y
A
R
D
BE
L
O
W
EL
E
V
A
T
O
R
20
3
EL
E
V
A
T
O
R
20
4
ø
5
' - 0
"
TY
P
.
D
O
R
M
UN
I
T
ø 5' - 0"
ø
5 '
-
0 "
GU
E
S
T
R
O
O
M
20
5
GU
E
S
T
R
O
O
M
20
6
GU
E
S
T
R
O
O
M
22
4
GU
E
S
T
R
O
O
M
21
1
GU
E
S
T
R
O
O
M
21
2
GU
E
S
T
R
O
O
M
21
3
GU
E
S
T
R
O
O
M
21
4
GU
E
S
T
R
O
O
M
21
5
GU
E
S
T
R
O
O
M
21
6
GU
E
S
T
R
O
O
M
21
7
GU
E
S
T
R
O
O
M
22
2
GU
E
S
T
R
O
O
M
20
8
GU
E
S
T
R
O
O
M
22
5
ø
5
'
-
0
"
B
U
N
K
B
E
D
ST
O
R
A
G
E
HO
O
K
S
ST
O
R
A
G
E
HO
O
K
S
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
B
U
N
K
B
E
D
S
T
O
R
A
G
E
H
O
O
K
S
S
T
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A
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E
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O
O
K
S
B
U
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B
E
D
B
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N
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B
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B
U
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K
B
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B
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N
K
B
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D
GU
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S
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M
22
1
BE
D
R
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22
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A
RO
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L
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B
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22
0
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22
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GU
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20
9
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O
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M
20
7
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A
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S
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TO
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L
:
3
5
B
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F
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T
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L
:
2
0
U
N
I
T
S
P
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R
F
L
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R
TO
T
A
L
U
N
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S
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B
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D
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N
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=
4
0
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N
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T
S
BE
D
S
T
Y
P
E
S
P
E
R
F
L
O
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R
:
TW
I
N
S
=
1
0
QU
E
E
N
S
=
2
5
LO
D
G
I
N
G
A
R
E
A
4,
5
5
2
.
0
1
S
F
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
49
8
.
2
6
S
F
NO
N
-
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N
I
T
C
O
M
M
O
N
A
R
E
A
LO
D
G
E
6
1
0
.
5
5
S
F
7'
-
8
"
11
"
10
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-
8
"
6"
10
'
-
3
"
6"
10
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-
3
"
6"
10
'
-
3
"
6"
10
'
-
1
"
1
1
"
2
9
'
-
1
0
"
7
"
1
7
'
-
6
"
7
"
3
4
'
-
4
"
7
"
5
'
-
0
"
9"
8'
-
6
"
7"
9'
-
6
"
6"
21
'
-
0
"
6"
10
'
-
3
"
6"
10
'
-
1
"
7
"
2
1
'
-
6
"
6
"
1
7
'
-
4
"
6
"
8
'
-
6
"
6
"
8
'
-
6
"
6
"
1
7
'
-
7
"
6
"
2
1
'
-
3
"
8
"
6
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-
6
"
4'
-
3
"
4
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5
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GU
E
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8
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1
40
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40
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40
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A
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L
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H
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40
6
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C
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3
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-
6
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19
'
-
3
7
/
8
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21
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-
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3
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1
/
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2
1
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5
5
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1
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4
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2
1
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19
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-
3
7
/
8
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21
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-
6
3
/
4
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21
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-
3
1
/
4
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NO
N
-
U
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CO
M
M
O
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A
R
E
A
35
6
.
9
4
S
F
(
E
X
E
M
P
T
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
23
2
.
6
8
(
E
X
E
M
P
T
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
23
2
.
6
8
(
E
X
E
M
P
T
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
20
3
.
8
9
S
F
(
E
X
E
M
P
T
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
35
6
.
9
4
S
F
(
E
X
E
M
P
T
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
29
0
3
S
F
(
E
X
E
M
P
T
DE
C
K
)
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
52
8
.
5
5
S
F
(E
X
E
M
P
T
)
NON-UNIT COMMON AREA COMMERCIAL AREA (NET LEASABLE)NON-UNIT LODGE AREA NON-UNIT COMMON AREA (EXEMPT)NON-UNIT COMMON AREA (EXEMPT - ROOF TERRACE)HATCH PATTERN LEGEND LODGE AREA (GUESTROOMS)DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO FAR-2FAR CALCULATIONS13-4400413-44004 730 E. COOPER AVE.
3
/
1
6
"
=
1
'
-
0
"
1
SE
C
O
N
D
A
N
D
T
H
I
R
D
F
L
O
O
R
P
L
A
N
3
/
1
6
"
=
1
'
-
0
"
2
PR
O
P
O
S
E
D
R
O
O
F
T
E
R
R
A
C
E
P
L
A
N
REVISIONS NO.DATEBYDESCRIPTIONFLOOR AREA SUMMARY:
MA
I
N
L
E
V
E
L
:
5
,
3
3
3
.
8
4
S
F
CO
M
M
E
R
C
I
A
L
A
R
E
A
:
2
,
4
7
7
.
3
2
S
F
(
R
E
D
)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2,113.11 SF (PURPLE)
LO
W
E
R
L
E
V
E
L
1
:
6
,
1
7
9
.
7
5
S
F
DE
D
U
C
T
I
O
N
S
:
9
6
6
.
0
8
S
F
(
G
R
E
E
N
)
GR
O
S
S
A
R
E
A
T
O
W
A
R
D
S
F
A
R
:
4
,
3
6
7
.
7
6
S
F
TOTAL FAR: 16,195.56 SF (2.34:1 FAR)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2,378.08 SF (PURPLE)
DE
D
U
C
T
I
O
N
S
:
6
,
1
7
9
.
7
5
S
F
(
S
U
B
G
R
A
D
E
E
X
E
M
P
T
)
GR
O
S
S
A
R
E
A
T
O
W
A
RDS FAR: 0 SF
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
7
4
3
.
4
1
S
F
(
B
L
U
E
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
3
,
8
0
1
.
6
7
S
F
(
B
L
U
E
)
ZO
N
I
N
G
I
N
F
O
R
M
A
T
I
O
N
&
C
A
L
C
U
L
A
T
I
O
N
S
:
ZO
N
I
N
G
:
(
C
L
)
C
O
M
M
E
R
C
I
A
L
L
O
D
G
E
NE
T
L
O
T
A
R
E
A
:
6
,
9
2
7
S
F
(
6
9
.
2
7
'
x
1
0
0
'
)
ZO
N
I
N
G
A
L
L
O
W
A
N
C
E
(
2
.
5
:
1
)
:
1
7
,
3
1
7
.
5
S
F
(
2
.
5
x
6
,
9
2
7
S
F
)
LO
W
E
R
L
E
V
E
L
:
0
%
E
X
P
O
S
E
D WALLS (100% EXEMPT)
CA
L
C
U
L
A
T
I
O
N
S
:
GR
O
S
S
F
L
O
O
R
A
R
E
A
:
CO
M
M
E
R
C
I
A
L
S
P
A
C
E
:
2,477.32 SF
LO
D
G
I
N
G
S
P
A
C
E
:
14,870.20 SF
NO
N
-
U
N
I
T
S
P
A
C
E
:
5,487.71 SF
GR
O
S
S
N
O
N
-
U
N
I
T
A
R
E
A
:
1S
T
:
2
,
1
1
3
.
1
1
S
F
2N
D
:
4
9
8
.
2
6
S
F
3R
D
:
4
9
8
.
2
6
S
F
4T
H
:
0
S
F
LL
:
2
,
3
7
8
.
0
8
S
F
TO
T
A
L
:
5,
4
8
7
.
7
1
S
F
GR
O
S
S
U
N
I
T
F
L
O
O
R
A
R
E
A
(
M
I
N
U
S
N
O
N
-
U
N
I
T
)
:
LO
D
G
E
F
L
O
O
R
A
R
E
A
+
C
O
MMERCIAL FLOOR AREA=
5,
4
8
7
.
7
1
+
1
4
,
8
7
0
.
2
0
=
2
0
,
3
5
7
.
9
1
TO
T
A
L
N
O
N
-
U
N
I
T
F
L
O
O
R
A
R
E
A
(MINUS LOWER LEVELS):
1S
T
F
L
O
O
R
+
2
N
D
F
L
O
O
R
+
3
R
D
F
L
O
O
R
=
2,
1
1
3
.
1
1
+
4
9
8
.
2
6
+
4
9
8
.
2
6
=
3,109.63 SF
PE
R
C
E
N
T
A
G
E
O
F
U
S
E
C
A
T
E
G
O
R
Y
PER BUILDING FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
[
(
2
,
4
7
7
.
3
2
/
2
0
,
3
5
7
.
9
1
)
x
1
0
0
]
=
12.17%
LO
D
G
I
N
G
:
[
(
1
4
,
8
7
0
.
2
0
/
2
0
,
3
5
7
.
9
1
)
x
1
0
0
]
=
73.04%
AP
P
L
I
C
A
T
I
O
N
O
F
U
S
E
P
E
R
C
E
N
T
A
G
E
S
TO NON-UNIT FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
3
,
1
0
9
.
6
3
x
1
2
.
1
7
%
=
378.44 SF
LO
D
G
I
N
G
:
3
,
1
0
9
.
6
3
x
7
3
.
0
4
%
=
2,271.27 SF
FI
N
A
L
F
L
O
O
R
A
R
E
A
:
TO
T
A
L
F
A
R
F
O
R
C
O
M
M
E
R
C
IAL: 2,477.32+378.44=2,855.76 SF(0.41:1)
TO
T
A
L
F
A
R
F
O
R
L
O
D
G
E
:
[
(
1
4
,
870.20-3,801.67)+2,271.27]=13,339.80(1.93:1)
CU
M
U
L
A
T
I
V
E
:
16,195.56 SF (2.34:1)GROSS LODGE AREA:1ST: 743.41 SF 2ND: 5,162.56 SF 3RD: 5,162.56 SF 4TH: 0 SF LL: 3,801.67 SF TOTAL: 14,870.20 SF
2N
D
L
E
V
E
L
:
5
,
6
6
0
.
8
2
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
5
2
.
0
1
S
F
(
R
E
D
)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6
S
F
(
E
L
E
V
A
T
O
R
S
/
S
T
A
I
R
S
)
DE
D
U
C
T
I
O
N
S
:
0
S
F
GR
O
S
S
A
R
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
6
0
.
8
2
S
F
3R
D
L
E
V
E
L
:
5
,
6
6
0
.
8
2
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
5
2
.
0
1
S
F
(
R
E
D
)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6 SF (ELEVATOR/STAIRS)
DE
D
U
C
T
I
O
N
S
:
0
S
F
GR
O
S
S
A
R
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
6
0
.
8
2
S
F
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
1
0
.
5
5
S
F
(
C
O
R
R
I
D
O
R
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
1
0
.
5
5
S
F
(
C
O
R
R
I
D
O
R
)
RO
O
F
L
E
V
E
L
:
4
,
8
1
4
.
6
8
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
,
8
1
4
.
6
8
S
F
(
A
L
L
A
R
E
A
S
)
DE
D
U
C
T
I
O
N
S
:
4
,
8
1
4
.
6
8
S
F
(
D
E
C
K
,
M
E
C
H
A
N
I
C
A
L
,
S
T
A
I
R
/
E
L
E
V
A
T
O
R
)
GR
O
S
S
A
R
E
A
T
O
W
A
RDS FAR: 0 SF
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
0
S
F
LO
W
E
R
L
E
V
E
L
2
:
6
,
1
7
9
.
7
5
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
6,179.75 SF (PURPLE)
DE
D
U
C
T
I
O
N
S
:
6
,
1
7
9
.
7
5
S
F
(
S
U
B
G
R
A
D
E
E
X
E
M
P
T
)
GR
O
S
S
A
R
E
A
T
O
W
A
RDS FAR: 0 SF
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
0
S
F
(
B
L
U
E
)
P213IX.a
ST
A
I
R
#
1
L2
0
2
ME
C
H
A
N
I
C
A
L
R
M
.
L2
0
3
CA
R
E
L
E
V
A
T
O
R
L2
0
4
ST
A
I
R
#
2
L2
0
5
VA
L
E
T
P
A
R
K
I
N
G
L2
0
0
EL
E
V
.
L2
0
1
HY
D
R
A
U
L
I
C
CA
R
L
I
F
T
,
T
Y
P
.
24
P
A
R
K
I
N
G
S
P
A
C
E
S
P
R
O
V
I
D
E
D
1
2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
7'
-
8
3
/
8
"
12
'
-
0
"
7'
-
1
0
1
/
4
"
8'
-
8
1
/
8
"
16
'
-
6
3
/
8
"
2"3'
-
4
"
2
3
'
-
8
"
2
7
'
-
4
5
/
8
"
1
9
'
-
1
0
1
/
2
"
28
'
-
1
0
5
/
8
"
8'
-
8
"
20
'
-
1
7
/
8
"
3
8
'
-
1
1
1
/
8
"
5
'
-
1
3
/
8
"
57
'
-
8
3
/
8
"
9
4
'
-
7
3
/
8
"
5
0
'
-
3
1
/
8
"
NO
N
-
U
N
I
T
CO
M
M
O
N
A
R
E
A
6,
1
7
9
.
7
5
S
F
(E
X
E
M
P
T
SU
B
G
R
A
D
E
)
NON-UNIT COMMON AREA COMMERCIAL AREA (NET LEASABLE)NON-UNIT LODGE AREA NON-UNIT COMMON AREA (EXEMPT)NON-UNIT COMMON AREA (EXEMPT - ROOF TERRACE)
HA
T
C
H
P
A
T
T
E
R
N
L
E
G
E
N
D
LODGE AREA (GUESTROOMS)DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO FAR-3FAR CALCULATIONS13-4400413-44004 730 E. COOPER AVE.REVISIONS NO.DATEBYDESCRIPTIONFLOOR AREA SUMMARY:
MA
I
N
L
E
V
E
L
:
5
,
3
3
3
.
8
4
S
F
CO
M
M
E
R
C
I
A
L
A
R
E
A
:
2
,
4
7
7
.
3
2
S
F
(
R
E
D
)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2,113.11 SF (PURPLE)
LO
W
E
R
L
E
V
E
L
1
:
6
,
1
7
9
.
7
5
S
F
DE
D
U
C
T
I
O
N
S
:
9
6
6
.
0
8
S
F
(
G
R
E
E
N
)
GR
O
S
S
A
R
E
A
T
O
W
A
R
D
S
F
A
R
:
4
,
3
6
7
.
7
6
S
F
TOTAL FAR: 16,195.56 SF (2.34:1 FAR)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
2,378.08 SF (PURPLE)
DE
D
U
C
T
I
O
N
S
:
6
,
1
7
9
.
7
5
S
F
(
S
U
B
G
R
A
D
E
E
X
E
M
P
T
)
GR
O
S
S
A
R
E
A
T
O
W
A
RDS FAR: 0 SF
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
7
4
3
.
4
1
S
F
(
B
L
U
E
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
3
,
8
0
1
.
6
7
S
F
(
B
L
U
E
)
ZO
N
I
N
G
I
N
F
O
R
M
A
T
I
O
N
&
C
A
L
C
U
L
A
T
I
O
N
S
:
ZO
N
I
N
G
:
(
C
L
)
C
O
M
M
E
R
C
I
A
L
L
O
D
G
E
NE
T
L
O
T
A
R
E
A
:
6
,
9
2
7
S
F
(
6
9
.
2
7
'
x
1
0
0
'
)
ZO
N
I
N
G
A
L
L
O
W
A
N
C
E
(
2
.
5
:
1
)
:
1
7
,
3
1
7
.
5
S
F
(
2
.
5
x
6
,
9
2
7
S
F
)
LO
W
E
R
L
E
V
E
L
:
0
%
E
X
P
O
S
E
D WALLS (100% EXEMPT)
CA
L
C
U
L
A
T
I
O
N
S
:
GR
O
S
S
F
L
O
O
R
A
R
E
A
:
CO
M
M
E
R
C
I
A
L
S
P
A
C
E
:
2,477.32 SF
LO
D
G
I
N
G
S
P
A
C
E
:
14,870.20 SF
NO
N
-
U
N
I
T
S
P
A
C
E
:
5,487.71 SF
GR
O
S
S
N
O
N
-
U
N
I
T
A
R
E
A
:
1S
T
:
2
,
1
1
3
.
1
1
S
F
2N
D
:
4
9
8
.
2
6
S
F
3R
D
:
4
9
8
.
2
6
S
F
4T
H
:
0
S
F
LL
:
2
,
3
7
8
.
0
8
S
F
TO
T
A
L
:
5,
4
8
7
.
7
1
S
F
GR
O
S
S
U
N
I
T
F
L
O
O
R
A
R
E
A
(
M
I
N
U
S
N
O
N
-
U
N
I
T
)
:
LO
D
G
E
F
L
O
O
R
A
R
E
A
+
C
O
MMERCIAL FLOOR AREA=
5,
4
8
7
.
7
1
+
1
4
,
8
7
0
.
2
0
=
2
0
,
3
5
7
.
9
1
TO
T
A
L
N
O
N
-
U
N
I
T
F
L
O
O
R
A
R
E
A
(MINUS LOWER LEVELS):
1S
T
F
L
O
O
R
+
2
N
D
F
L
O
O
R
+
3
R
D
F
L
O
O
R
=
2,
1
1
3
.
1
1
+
4
9
8
.
2
6
+
4
9
8
.
2
6
=
3,109.63 SF
PE
R
C
E
N
T
A
G
E
O
F
U
S
E
C
A
T
E
G
O
R
Y
PER BUILDING FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
[
(
2
,
4
7
7
.
3
2
/
2
0
,
3
5
7
.
9
1
)
x
1
0
0
]
=
12.17%
LO
D
G
I
N
G
:
[
(
1
4
,
8
7
0
.
2
0
/
2
0
,
3
5
7
.
9
1
)
x
1
0
0
]
=
73.04%
AP
P
L
I
C
A
T
I
O
N
O
F
U
S
E
P
E
R
C
E
N
T
A
G
E
S
TO NON-UNIT FLOOR AREA:
CO
M
M
E
R
C
I
A
L
:
3
,
1
0
9
.
6
3
x
1
2
.
1
7
%
=
378.44 SF
LO
D
G
I
N
G
:
3
,
1
0
9
.
6
3
x
7
3
.
0
4
%
=
2,271.27 SF
FI
N
A
L
F
L
O
O
R
A
R
E
A
:
TO
T
A
L
F
A
R
F
O
R
C
O
M
M
E
R
C
IAL: 2,477.32+378.44=2,855.76 SF(0.41:1)
TO
T
A
L
F
A
R
F
O
R
L
O
D
G
E
:
[
(
1
4
,
870.20-3,801.67)+2,271.27]=13,339.80(1.93:1)
CU
M
U
L
A
T
I
V
E
:
16,195.56 SF (2.34:1)GROSS LODGE AREA:1ST: 743.41 SF 2ND: 5,162.56 SF 3RD: 5,162.56 SF 4TH: 0 SF LL: 3,801.67 SF TOTAL: 14,870.20 SF
2N
D
L
E
V
E
L
:
5
,
6
6
0
.
8
2
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
5
2
.
0
1
S
F
(
R
E
D
)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6
S
F
(
E
L
E
V
A
T
O
R
S
/
S
T
A
I
R
S
)
DE
D
U
C
T
I
O
N
S
:
0
S
F
GR
O
S
S
A
R
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
6
0
.
8
2
S
F
3R
D
L
E
V
E
L
:
5
,
6
6
0
.
8
2
S
F
LO
D
G
I
N
G
A
R
E
A
:
4
,
5
5
2
.
0
1
S
F
(
R
E
D
)
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
9
8
.
2
6 SF (ELEVATOR/STAIRS)
DE
D
U
C
T
I
O
N
S
:
0
S
F
GR
O
S
S
A
R
E
A
T
O
W
A
R
D
S
F
A
R
:
5
,
6
6
0
.
8
2
S
F
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
1
0
.
5
5
S
F
(
C
O
R
R
I
D
O
R
)
NO
N
-
U
N
I
T
L
O
D
G
E
A
R
E
A
:
6
1
0
.
5
5
S
F
(
C
O
R
R
I
D
O
R
)
RO
O
F
L
E
V
E
L
:
4
,
8
1
4
.
6
8
S
F
NO
N
-
U
N
I
T
C
O
M
M
O
N
A
R
E
A
:
4
,
8
1
4
.
6
8
S
F
(
A
L
L
A
R
E
A
S
)
DE
D
U
C
T
I
O
N
S
:
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO NL-1NET LIVABLE PLANS13-4400413-44004 730 E. COOPER AVE.LOWER LEVEL 1 ROOM SCHEDULE
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO NL-2NET LIVABLE PLANS13-4400413-44004 730 E. COOPER AVE.SECOND LEVEL ROOM SCHEDULE
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5069 SF ROOF LEVEL ROOM SCHEDULE
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3673 SFTOTAL AREA:NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE NET LIVABLE TOTAL NET LIVABLE: 4,052 SF NO NET LIVABLE OR NET LEASABLE ON THIS LEVELTOTAL AREA:COMMON SPACECOMMON SPACECOMMON SPACECOMMON SPACECOMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE COMMON SPACE PUBLIC AMENITYNET LIVABLE NET LIVABLENET LIVABLESECOND LEVEL & THIRD LEVEL ROOM SCHEDULE 300 301 302 303 304 305 306 307 308 309 311 312 313 314 315 316 317 318 319 320 320A 321 322 323 324 325
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REVISIONS NO.DATEBYDESCRIPTIONSUMMARY:
MA
I
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:
4
,
9
1
9
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TOTAL NET LEASABLE: 2,360 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 2,237 SF PUBLIC AMENITY: 322 SF
2N
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3
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TOTAL NET LEASABLE: 2ND & 3RD-0 SF TOTAL NET LIVABLE: 2ND-4,052 SF, 3RD-4,052 SF TOTAL COMMON AREA: 2ND-1,008 SF, 3RD-1,008 SF PUBLIC AMENITY: 2ND & 3RD-0 SF
RO
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:
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TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 770 SF PUBLIC AMENITY: 2,903 SF
TO
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TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 4,954 SF PUBLIC AMENITY: 0 SF
TO
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TOTAL NET LIVABLE: 8,104 SFTOTAL PUBLIC AMENITY: 3,225 SFTOTAL BUILDING AREA: 28,797 SF TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 5,131 SF PUBLIC AMENITY: 0 SF
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO NL-3LET LIVABLE PLANS13-4400413-44004 730 E. COOPER AVE.REVISIONS NO.DATEBYDESCRIPTION
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TOTAL NET LEASABLE: 0 SF TOTAL NET LIVABLE: 0 SF TOTAL COMMON AREA: 770 SF PUBLIC AMENITY: 2,903 SF
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO A-200PROPOSED EXTERIOR ELEVATIONS 13-4400413-44004 730 E. COOPER AVE.
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DRAWING TITLE:SCALE:DRAWN BY:DATE:REVIEWED:PROJECT NO.:LOCATION NO.:ALL DRAWINGS AND WRITTEN MATERIAL HEREIN CONSTITUTE THE ORIGINAL AND UNPUNLISHED WORK OF THE ARCHITECT, AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. COPYRIGHT: CAMBURAS & THEODORE, LTD.RA 2-8-16 TTRA2-8-16 1PLANNED DEVELOPMENT FINAL REVIEW BASE LODGE ASPEN, CO A-201PROPOSED EXTERIOR ELEVATIONS 13-4400413-44004 730 E. COOPER AVE.
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REVISIONS NO.DATEBYDESCRIPTION P219IX.a
730 E. Cooper St., Base
Ordinance 6, Series 2016
Page 1 of 5
ORDINANCE NO. 6
(SERIES OF 2016)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING ORDINANCE NO. 2
(SERIES OF 2015) WHICH GRANTED CONCEPTUAL COMMERCIAL DESIGN REVIEW
APPROVAL, PLANNED DEVELOPMENT – PROJECT REVIEW APPROVAL, AND
GROWTH MANAGEMENT APPROVALS, FOR A SITE SPECIFIC DEVELOPMENT PLAN
FOR BASE LODGE LOCATED ON PROPERTY COMMONLY KNOWN AS 730 EAST
COOPER STREET CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-20-008
WHEREAS, the Community Development Department received an application for the Base 1
Lodge (the Application) from 730 E. Cooper LLC (Applicant), represented by Haas Land Planning for
certain land use review approvals; and,
WHEREAS, the requests were granted through the approval of Ordinance No. 2 (Series of 2015)
which granted several variations as part of the Planned Development – Project Review; and,
WHEREAS, the Application became null and void due to a submission deadline requirement
that was not met; and;
WHEREAS, the applicant requested reinstatement of the approval which is memorialized by
Ordinance No. 2 and as part of the request, the applicant offered to remove any variation granted in the
ordinance; and,
WHEREAS, City Council approved the reinstatement request with conditions via Resolution
No. 28 (Series of 2016) and applicant is now requesting amendment to Ordinance No. 2 (Series of 2015)
to meet the conditions of the reinstatement approval; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit of public
notice that was submitted and the public was provided a thorough and full review of the proposed
development; and,
WHEREAS, on March 14, 2016, the Aspen City Council approved Ordinance No. 6, Series 2016,
on First Reading by a five to zero (5 - 0) vote; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable
development standards and that the approval of the development proposal, with conditions, is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO AS FOLLOWS:
Pursuant to the procedures and standards set forth in the Aspen Municipal Code, the City Council hereby
approves amendments to Ordinance No. 2 (Series of 2015) as noted within this ordinance.
P220
IX.a
730 E. Cooper St., Base
Ordinance 6, Series 2016
Page 2 of 5
Section 1: Amendments to Section 1, Approvals
Section 1 of Ordinance No. 2, Approvals, is amended to read:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council
hereby grants – Project Review approval, Growth Management approvals, Conceptual Commercial
Design approval, for a Site Specific Development Plan for Base 1 Lodge, 730 E. Cooper Street, subject
to the conditions of approval as listed herein. Exhibit A describes the dimensional requirements. Minor
changes during PD – Detail Review may be approved such that they do not exceed t hose in the
underlying zone district. No reduction in the number lodge units or an increase in size of the lodge units
for the project shall be permitted without an amendment of this ordinance. No change in use shall be
permitted for the property without an amendment to this ordinance.
The plan set recorded with this ordinance amendment shall be considered the ‘Approved Plan Set’ of the
Planned Development – Project Review, A digital copy shall be submitted with the Community
Development Department prior to recording of the ordinance. No other submission shall be required.
Section 2: Amendments to Section 3, Growth Management Allotments
Section 3 of Ordinance No. 2, Growth Management Allotments, is amended to read:
3.1 Reconstruction Credits. Based on the existing development at 730 E. Cooper St. (aka Buckhorn
Lodge), the Applicant is entitled to the following reconstruction credits, pursuant to Land Use
Chapter 26.470
a. A total of 4 lodging bedrooms, 8 lodge pillows, are credited toward the Project’s lodge GMQS
allotment request.
b. A reconstruction credit of 3,751 square feet of net leasable area is credited toward the Project’s
2,478 square feet of commercial net leasable area, with the extra 1,273 square feet being applied
to the lodge bedrooms.
3.2 Growth Management Allotments. The following growth management allotments are granted to the
Base 1 Lodge:
a. 36 lodging bedrooms = 72 lodging pillows. Added to the reconstruction credits, the project
represents 40 lodging bedrooms or 80 pillows.
Section 3: Amendments to Section 4, Affordable Housing
Section 4 of Ordinance No. 2, Affordable Housing, is amended to read:
The Commercial Lodge Zone District employee generation rate of 0.6 FTEs per lodge unit is established
for Base 1 Lodge. Affordable housing mitigation shall be provided in the form of cash in lieu in accordance
with the rate in place at the time of building permit submittal for Category 4 or in the form of affordable
housing credits for Category 4. Unless otherwise waived, any further increase in lodge rooms or
commercial net leasable area requires affordable housing mitigation at the rate defined in the Land Use
Code at the time of application. The final mitigation requirement shall be provided in the approval granting
Planned Development – Detail Review. Any changes to the approved density shall require a recalculation
of the required affordable housing mitigation, as the percentage of mitigation required for this project is
based upon the average net livable area of the lodge units approved through this ordinance.
P221
IX.a
730 E. Cooper St., Base
Ordinance 6, Series 2016
Page 3 of 5
Section 4: Amendments to Section 6, Subdivision/PD Plat and Agreement
Section 6 of Ordinance No. 2, Subdivision/PD Plat and Agreement, is amended to read:
The Applicant shall submit a Subdivision/PD agreement (hereinafter “Agreement”) that meets the
requirements of the Land Use Code within 180 days of final approval. The 180 days shall commence
upon the granting of Final Commercial Design and Planned Development – Detail Review approvals by
the Planning and Zoning Commission. The recordation documents shall be submitted in accordance with
the requirements of Section 26.490 Approval Documents of the Land Use Code.
a. In accordance in Section 26.490.040, Approval Documents Content and Form, the following
plans are required in the Approved Plan Set:
1. Final Commercial Design Review/ Architectural Character Plan.
2. Planned Development Detail Review Plans.
3. Public Infrastructure Plan.
b. In accordance with Section 26.490.050, Development Agreements, a Development Agreement
shall be entered into with the City. Such Development Agreement shall include a provision or
provisions addressing the following:
Public Amenity: Public access easement for the rooftop public amenity space. Public
hours of access for the rooftop deck and a curfew for the rooftop deck shall be included.
The Development Agreement shall specify that the public hours are able to be amended
from time to time to allow for occasional closures for private events and operational
needs.
c. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the
applicant shall provide a site protection guarantee and a site enhancement guarantee.
d. In accordance with Section 26.490.070, Performance Guarantees, the following guarantees are
required in an amount equal to 150% of the current estimated cost of the improvement:
1. Landscape Guarantee.
2. Public Facilities and Public Infrastructure Guarantee.
3. Storm Water and Drainage Improvements Guarantee.
Section 5: Amendments to Section 13, Parking
Section 13 of Ordinance No. 2, Parking, is amended to read:
a. Loading Zone: Two on-street parking spaces shall be signed loading zones – location to be approved
by the Parking and Engineering Departments.
b. Off-street Parking: Applicant shall provide for use by its guests twenty-four (24) parking spaces on
site via valet parking, where only 23 are required for the approved commercial and lodge uses. A
subgrade parking garage shall be provided on-site.
The off-street parking spaces are for the sole use of the commercial and lodging components of the
project and shall not be condominiumized as separate units, sold to, rented to or used by the general
public or any entity other than the owner of the lodge. Parking shall only be used for the parking of
vehicles associated with the on-site, permitted uses.
P222
IX.a
730 E. Cooper St., Base
Ordinance 6, Series 2016
Page 4 of 5
Section 6: Amendments to Section 16, Public Amenity Spaces
Section 16 of Ordinance No. 2, Public Amenity Spaces, is amended to read:
The Applicant has committed to providing a ground level courtyard and roof top public amenity spaces.
These spaces shall be permanently accessible by the public through stairs and/or elevators. The rooftop
space shall not be enclosed with permanent walls/windows or otherwise enclosed as interior conditioned
space. See Section 6.b. for specific hours and operational information to be included in the Development
Agreement.
Section 7:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before the
Community Development Department, the Planning and Zoning Commission, or the Aspen City Council
are hereby incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions or an authorized authority.
Section 8:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 9:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 14th day of March, 2016.
ATTEST:
_______________________________ __________________________
Linda Manning, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this 2st day of March, 2016.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
James R. True, City Attorney Steven Skadron, Mayor
ATTEST:
_______________________________
Linda Manning, City Clerk
Attachments:
Exhibit A: Dimensional Requirements
Exhibit B: Project Review – Approved Plan Set
P223
IX.a
730 E. Cooper St., Base
Ordinance 6, Series 2016
Page 5 of 5
Exhibit A
Approved Dimensions Underlying CL Zone District
Allowances
front yard (Cooper
St.) 0’ No Requirement
side yard (Original
St.) 0’ No Requirement
side yard (west) 5’ No Requirement
rear (alley) 0’ No Requirement
maximum height 35’6” top of third floor parapet
38-40 feet for a three story building
public amenity 69% Site Specific 10%-25%
minimum off-street
parking spaces 24 23
cumulative floor
area 2.49:1(17,260 sf) 2:5:1
lodge floor area 1.74:1 (12,051 sf) 2:1
average lodge unit
size about 200 No Requirement
lodge net livable
area 7,784 sf N/A
Commercial floor
area 0.66:1 (4,592 sf) 1:1
Commercial net
leasable area 2,478 sf N/A
Number of lodge
units/bedrooms 40 units/40 bedrooms N/A
*Except as specified in the Table, the project is subject to the exemptions in the Land Use Code at the
time of land use submittal.
P224
IX.a
Small Lodges Amendment
March 21, 2016
Page 1 of 4
MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Community Development Director
Reilly Thimons, Planner Tech
RE: Small Lodge Preservation Program Amendment – Shadow Mountain Lodge
Addition
Resolution 35, Series 2016
DATE: March 21, 2016
SUMMARY:
The attached Resolution would amend the Small Lodge Preservation Program to add Shadow
Mountain Lodge to the program. Shadow Mountain Lodge is located at 232 W Hyman, on the
corner of W Hyman Avenue and S 2nd Street, across from the Aspen Ice Garden.
STAFF RECOMMENDATION:
Staff recommends adding Shadow Mountain Lodge to the Small Lodge Preservation Program.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the first proposed amendment to the Small Lodge Preservation Program. The request is
for Shadow Mountain Lodge to be added to the program. The Program was approved by
Ordinance 15, Series of 2015 (Exhibit B), and included language allowing City Council to
amend the list of eligible lodges by Resolution. City Council is the final review authority.
SUMMARY:
When the Small Lodge Preservation Program was established, staff worked with data available
from the County Assessor, the Planning & Zoning Commission, and City Council to determine
which Small Lodges were eligible for the program. Shadow Mountain Lodge was not initially
because the lodge is in factional ownership. In their letter requesting inclusion in the program
(Exhibit A), the Shadow Mountain Lodge Homeowners Association explains that the ownership
P225
X.a
Small Lodges Amendment
March 21, 2016
Page 2 of 4
structure enables occupancy and nightly rentals like a traditional small lodge. The lodge include
ten (10) condominiumized units each divided into 15 fractions, and a manager’s unit. When the
units are not being used by their owners, they are placed in the rental pool. Units are rented
through a variety of sources, including the lodge’s website (http://www.shadowmtlodge.com/)
and Stay Aspen Snowmass.
Shadow Mountain Lodge is located in the R-6 zone district and includes an LP Overlay. Other
small lodges in the R-6 zone district include St. Moritz and the back portion of Molly Gibson.
One other lodge, Aspen Mountain Lodge, has a condominium form of ownership.
BACKGROUND:
The Small Lodge Preservation Program was established in an effort to:
• Minimize further loss of Aspen’s lodging inventory.
• Increase the number and diversity of lodging options in Aspen.
• Encourage and allow investment that bolsters the bed base.
• Create incentives for existing lodges and condominiums that are on the short-term rental
market to upgrade, expand, and redevelop.
• Ensure investment in the bed base results in development that is compatible with City goals
and community character.
• Create development and non-development incentives that address the varying needs of
Aspen’s diverse lodge product.
The following existing lodges are identified within the Ordinance as being eligible for the
program:
Annabelle Inn
Aspen Mountain Lodge
Chalet Lisl
Boomerang Lodge
Hearthstone House
Hotel Durant
Molly Gibson
Hotel Aspen
Mountain Chalet
Snow Queen Lodge
St. Moritz Lodge
Tyrolean Lodge
These lodges are located in the Residential Multi Family (RMF), Medium-Density Residential
(R-6) or Mixed-Use (MU) Zone district, and most include a Lodge Preservation (LP) Overlay.
Existing lodges are eligible to be added to the program at the sole discretion of City Council.
New lodges are automatically eligible for the program if they meet the following criteria:
1. Contains fifty (50) or fewer rooms, and
2. Is located in the Lodge (L), Commercial Lodge (CL), Lodge Preservation Overlay (LP),
or Lodge Overlay (LO) zone districts.
The Program provides the following incentives to eligible Small Lodges. A brochure sent to all
eligible small lodges outlines these incentives as well (Exhibit D).
• Planning Assistance. This service is available on an as-needed basis to assist small
lodges who may be exploring a remodel, expansion, or redevelopment. Most of the
Small Lodges were interviewed last year to understand what their future plans included
P226
X.a
Small Lodges Amendment
March 21, 2016
Page 3 of 4
and what programs they were most interested in participating in within the Small Lodge
Program. A summary sheet of these interviews is attached as Exhibit C.
• Expedited Land Use Reviews. This service allows an expedited or “express” process for
any small lodge that is required to go through a planning review. To date, no eligible
lodges have participated in this benefit.
• Expedited Building Permit Reviews. This service allows an expedited or “express”
process for any small lodge that requires a building permit. The Boomerang Lodge has
taken advantage of this part of the program, and others have expressed interest if they
move forward with renovations.
• Free Building Code Assessment. This service includes a free building code compliance
review by a certified building code consultant. This person completes a walk-through of
the building and examines everything from egress and ADA access to compliance with
modern plumbing and mechanical codes. Following the assessment, the lodge receives a
detailed report outlining areas that should be upgraded to meet life safety and other
requirements. To date, no eligible lodges have participated, but staff is working with a
few lodges who are interested in completing an assessment this year.
• Small Lodge Energy Efficiency Program. This program creates an additional grant for
energy efficiency improvements. Paired with existing City of Aspen and CORE grants,
improvements up to $20,000 are covered at 100% and improvements above are covered
at 50%. To date four (4) small lodges have participated and almost every lodge has
expressed interest in this part of the program.
• Building Permit Fee Reductions. Certain building permit fees are eligible to be reduced
for small lodges who enter an agreement with the City stating they will not convert from
a lodge to another use for a certain period of time. Two (2) lodges have expressed strong
interest in reduced permit fees through this program, but have not taken advantage of it
yet.
• Completion of Required ROW Infrastructure Improvements. When properties
redevelop, the city requires a number of improvements to infrastructure around the
property, including to sidewalks and landscaping. Because most of the small lodges have
not undergone significant upgrades for a number of years, the infrastructure around their
property is in need of upgrades. Under this part of the program, the City reimburses the
small lodge for the costs associated with the required infrastructure. The reimbursement
is based on cost estimates by the Engineering Department. A number of lodges have
expressed interest in this part of the program, but they cannot take advantage of this
benefit until construction is completed.
OVERALL FINANCIAL IMPLICATIONS:
As was anticipated during the public hearings on the Small Lodge Preservation Ordinance, every
lodge is not planning on participating in the program. A number are, but many do not intend to
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Small Lodges Amendment
March 21, 2016
Page 4 of 4
participate at all, or only plan on participating in a single program aspect. Given this fact, the
addition of Shadow Mountain Lodge is not anticipated to add to the estimated cost of the
program. Shadow Mountain Lodge is most interested in participating in the Energy Efficiency
Program in order to update their windows. The energy efficiency program provides up to
$100,000 in grant money to all small lodges over the course of a calendar year. The money is
available on a first-come, first-served basis and is not increased when a lodge is added to the
Small Lodge Preservation Program.
STAFF RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
RECOMMENDED MOTION:
“I move to approve Resolution No. 35, Series of 2016.”
CITY MANAGER COMMENTS:_____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
ATTACHMENTS:
EXHIBIT A: Shadow Mountain Lodge Application
EXHIBIT B: Ordinance 15, Series 2015
EXHIBIT C: Small Lodges Interview Summary Document
EXHIBIT D: Small Lodge Brochure
EXHIBIT E: Map of Existing Small Lodges
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Resolution No 35, Series 2016
Page 1 of 2
RESOLUTION NO. 35,
(SERIES OF 2016)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADDING SHADOW MOUNTAIN
LODGE AT 232 W HYMAN AVE TO THE SMALL LODGE PRESERVATION PROGRAM.
WHEREAS, the City of Aspen City Council approved a Small Lodge Preservation Program by
Ordinance 15, Series of 2015; and,
WHEREAS, Section 2 of Ordinance 15, Series of 2015 allows City Council to add lodges to the
program at their sole discretion; and,
WHEREAS, the purpose of the Small Lodge Preservation Program is to:
• Recognize that the bed base, particularly the small lodges, is a critical part of the City’s overall
infrastructure.
• Ensure the Aspen bed base provides a number, diversity, and quality of lodging options to be
attractive and welcoming to the next generation of visitors.
• Encourage investment in existing lodges to meet visitor expectations.
• Strive for lodging being the “highest and best” use in the lodging zone.
• Make sure the bed base continues to be compatible with community character.
• Focus on small and economy/moderate lodge investment first.
• Reduce or eliminate city process and fee barriers to investment in existing lodge properties; and,
WHEREAS, Shadow Mountain Lodge, located at 232 W Hyman Ave, has requested to be added to
the Small Lodge Preservation Program; and,
WHEREAS, the Community Development Director recommends the addition of Shadow Mountain
Lodge to the Small Lodge Preservation Program; and,
WHEREAS, the City Council finds that this Resolution implements the City’s goals related
replenishing and diversifying the lodging inventory, as articulated in the 2012 Aspen Area Community Plan;
and
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS
FOLLOWS:
Section 1: Shadow Mountain Lodge Added
Shadow Mountain Lodge is hereby added to the City’s Small Lodge Preservation Program, subject to all
terms and conditions of the program as outlined in Ordinance 15, Series 2015.
Section 2:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.
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Resolution No 35, Series 2016
Page 2 of 2
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid
or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and shall not affect the validity of the remaining portions thereof.
FINALLY, adopted this ____ day of _______ 2016.
_______________________________
Steven Skadron, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ______________________________
Linda Manning, City Clerk James R True, City Attorney
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ORDINANCE No. 15
Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING A PROGRAM TO
ASSIST SMALL LODGES TO CONTINUE OPERATING AS SMALL LODGES.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to the
creation of a small lodge preservation program to bolster the bed base in both traditional hotel
units, particularly in small lodges; and,
WHEREAS, the Community Development Department conducted existing conditions
research to understand Aspen's existing lodge inventory, the occupancy and rate characteristics
of Aspen's bed base, the economics of upgrading, expanding, or developing lodge products, the
latest visitor demographics, and the types of lodging product most in demand; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted extensive Public Outreach with community members, the Aspen
Chamber Resort Association,condominium and lodging owners, managers, and stakeholders, the
Planning & Zoning Commission, the Historic Preservation Commission, and City Council
regarding lodging; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on December 1, 2014 and December 8, 2014, the City Council directed staff to draft a code
amendment to assist small lodges to continue operating as small lodges; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to Title 26, the City of Aspen Land Use Code to implement a small lodge
assistance program; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS,the City Council finds that this Ordinance implements the City's goals related
replenishing and diversifying the lodging inventory, as articulated in the 2012 Aspen Area
Community Plan; and
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Obiectives
The goals and objectives of the code amendment, as outlined in the Policy Resolution, are to:
Small Lodges Preservation Program
Ordinance 15, Series 2015
Pagel of 5
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a. Recognize that the bed base, particularly the small lodges, is a critical part of the City's
overall infrastructure.
b. Ensure the,Aspen bed base provides a number, diversity, and quality of lodging options to
be attractive and welcoming to the next generation of visitors.
c. Encourage investment in existing lodges to meet visitor expectations.
d. Strive for lodging being the "highest and best"use in the lodging zone.
e. Make sure the bed base continues to be compatible with community character.
f. Focus on small and economy/moderate lodge investment first.
g. Reduce or eliminate city process and fee barriers to investment in existing lodge properties.
Section 2: Applicability and Timeframe
The Small Lodge Preservation Program (hereinafter "Program") is established for a period of
five (5) years from the date of passage of this Ordinance. During that time, the Program is
available to the existing small lodges listed below, only for such time as they remain small
lodges:
Hotel Address
Annabelle Inn 232 W Main St
Aspen Mountain Lodge 311 W Main St
Boomerang Lodge 500 W Hopkins Ave
Chalet Lisl 100 E Hyman Ave
Hearthstone House 134 E Hyman Ave
Hotel Durant 122 E Durant Ave
Molly Gibson 101 W Main St
Hotel Aspen 110 W Main St
Mountain Chalet 333 E Durant Ave
Snow Queen Lodge 124 E Cooper Ave
St. Moritz Lodge 334 W Hyman Ave
Tyrolean Lodge 200_W Main St
A new small lodge is eligible to participate in the program if it meets all of the following criteria:
1. Contains fifty (50) or fewer rooms, and
2. Is located in the Lodge (L), Commercial Lodge (CL), Lodge Preservation Overlay (LP),
or Lodge Overlay (LO) zone districts.
City Council, at its sole discretion, may amend the lodges eligible for or extend the timeframe of
the Small Lodge Preservation Program by Resolution.
Section 3: Small Lodge Planning Assistance
Planning assistance is available to assist the small lodges through the City of Aspen land use and
building permit processes, as well as identifying non-city programs, such as CORE grants, that may
be of assistance to the small lodge.
Small Lodges Preservation Program
Ordinance 15, Series 2015
Page 2 of 5
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The planning assistance described above is dependent on the funding available to provide the
assistance.
Section 4: Express Lane for Land Use Reviews
Small lodges are eligible for expedited review of all land use cases. A small lodge requesting
expedited review shall include the request in their land use application, and shall be scheduled for
the initial public hearing as quickly as possible. This expedited review shall in no way waive any
application requirements, including that the project application be complete prior to scheduling of
any public hearings.
Section 5: Express Lane for BuildinjZ Permit Reviews
Small lodges are eligible for expedited review of all building permits. Complete submittals for
small lodge projects will be reviewed ahead of standard building permit submittals. Standard
projects do not include affordable housing projects, phased permits, and other projects the Building
Department defines as "non-standard." Resubmittals for small lodge projects will be queued with
all other permits.
The queuing described above is dependent on the funding available to review small lodge
projects ahead of standard projects.
Section 6: Building Code Assessment
Small lodges are eligible for a free building code assessment to identify areas of the lodge that
could or should be upgraded to current building codes. The assessment will be completed by a
third party, and reimbursed by the city up to $0.50 per square foot.
The building code assessments described above are dependent on the funding available to
provide the additional subsidies.
Section 7: Small Lodge Energy Efficiency Program
Small lodges are eligible for free energy audits and additional subsidies for energy efficiency
improvements through a new Small Lodges Energy Program. This program would provide
subsidies for,energy audits and improvements after the existing CORE and City of Aspen Energy
Efficiency subsidies are applied. Energy improvements up to $20,000 are eligible for a combined
CORE, City of Aspen Energy Efficiency Program, and Small Lodges Energy Efficiency Program
subsidy, up to 100% of the project cost. Energy Improvements above $20,000 are eligible for a
combined 50% subsidy.
The energy benefits described above are dependent on the funding available to provide the
additional subsidies.
Section 8: Small Lodges Building Permit Fee Discounts
Small lodges are eligible for a discount on building permit fees. Chapter 2.12.100 of the Municipal
Code is hereby amended to add the following language:
Small Lodges Preservation Program
Ordinance 15, Series 2015
Page 3 of 5
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Community Purpose Discount Programs
Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015,
are eligible for reduced building permit review fees based on the following schedule. To be
eligible for the discount, all lodges must enter into an agreement with the City stating that the
property will remain a lodge for a minimum number of years, and that if the use changes
during that time period the property shall owe the City 100% of the building permit fees. The
reductions shall apply to Plan Check, Energy Code, Zoning Review, Engineering Review,
Utility Review, CMP, and Building Permit, Fees.
of Building Length of
Category of Work Permit fee City
charged Agreement
Minor interior upgrade (i.e. paint, carpet, light fixtures) 25%5 Years
Minor exterior upgrade (i.e. new windows, new o
paint/exterior materials)
25/0 5 years
Major interior upgrade A (i.e. remodel units, including 50%10 years
bathrooms)
Major interior upgrade B (i.e. remodel common areas and
50%10 years
any kitchen/food service facilities)
Redevelopment or Major Expansion 75%20 years
Section 9: Improvements.in the Right-of-Way
The cost, as approved by the City, of any required public improvements located in the public
right-of-way, such as curb & gutter, sidewalks, and street trees that are related to the Small
Lodge Preservation Program shall be reimbursed by the City. The Small Lodge shall be
responsible for the design and completion of the improvements, and the City shall reimburse the
Small Lodge for the cost of the improvements following final Certificate of Occupancy. The
allowable reimbursement is provided for in the Small Lodge Right-of-Way Improvement
estimate schedule on file with the City of Aspen Engineering Department. This schedule will be
updated on an annual basis to account for construction inflation costs.
Section 10: Costs associated with the program
All costs to the City for all program elements outlined herein are subject to available funds.
Section 11: Budget authority
City Council hereby grants budget authority of $5,000 for the Small Lodge Planning Assistance
Section 3), and $20,000 for Small Lodge Energy Efficiency Program (Section 7). Money will be
formally allocated during the Fall 2015 Supplemental Budget.
All other programs shall have no available funding for 2015.
Section 12: Any scrivener's errors contained in the code amendments herein, including but not
limited to mislabeled subsections or titles, may be corrected administratively following adoption
of the Ordinance.
Small Lodges Preservation Program
Ordinance 15, Series 2015
Page 4 of 5
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Section 13: Effect Upon Existiniz Litization.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 14: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 15: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 16:
A public hearing on this ordinance shall be held on the 27th day of May, 2015., at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27th day of April, 2015.
At st:
inda Manning, City Cl rk Steven Skadr n,MAyor
FINALLY, adopted, passed and approved this 27th day of May,2015.
Att t:
y si,
Linda Manning, City Cler Steven Skad on,Mayor
Approved as to form:
mes.R. True, City Attorney
Small Lodges Preservation Program
Ordinance 15, Series 2015
Page 5 of 5
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S M A L L L O D G E
P R E S E R V A T I O N P R O G R A M
40%
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When: Five years
(through June 2020).
Why: To recognize and
assist small lodges to
remain in operation into
the future.
hoW: Reduce city process
and fee barriers for small
lodges looking to upgrade.
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SMALL LODGE
PRESERVATION
PROGRAM
Who: Your existing small
lodge, if you choose to
participate.
What: Incentives, discounts,
and reimbursements to
encourage investment
(Budget is limited and the
incentives are on a first come,
first served basis).
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Assistance is available to help
small lodges through the City
of Aspen land use and building
permit processes, as well as
identifying non-city programs that
may be available.
Contact Jessica Garrow,
jessica.garrow@cityofaspen.com,
970.429.2780, to start the process.
Small lodge Planning aSSiStance Program
Small lodges are eligible for free
energy audits and additional
subsidies for energy efficiency
improvements, up to 100% subsidies
for small projects (up to $20k),
and up to 50% subsidies for larger
projects.
For more information on the Energy
Efficiency Program, contact Ryland French,
Utilities Efficiency Specialist, 970.429.1969,
ryland.french@cityofaspen.com
Small lodge energy efficiency Program
Permit
Minor Interior & Exterior Upgrades Major Interior Upgrades
Redevelopment or Major Expansion
reduced Building Permit feeS
Applications are prioritized on
board agendas. The first building
permit submission is prioritized
in the building permit review
queue.
exPedited land uSe and Building Permit reviewS Free building code assessment
to identify areas of lodge
infrastructure that could be
upgraded. Completed by a
certified third party consultant
who will evaluate lodge’s
plumbing, electric, energy and
mechanical systems as well as
ADA accessibility. Lodge will
receive detailed report on any
recommended upgrades.
Small lodgeS Building code aSSeSSment
City reimburses lodge for
required public improvements
located in the right-of-way
(curb and gutter, street trees,
sidewalks) following final
Certificate of Occupancy.
Small Lodges are responsible for
design and completion of the
improvements.
reimBurSement for imProvementS in the right-of-way
City of Aspen smAll lodge preservAtion progrAm
The City of Aspen Small Lodge Preservation Program
Ordinance No. 15, Series of 2015
September 2015
For more information, contact Jessica Garrow, Long Range Planner,
970.429.2780, jessica.garrow@cityofaspen.com
Permit fees reduced based on
scope of work. Agreement
to remain lodge for specific
number of years is required.
Reduced 75%
Building
Permit Fee
5 year
Agreement
Reduced 50%
Building
Permit Fee
10 year
Agreement
Reduced 25%
Building
Permit Fee
20 year
Agreement
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E Hopkins Ave
E Main St
E Hyman Ave
E Durant Ave E Cooper Ave
W Bleeker St
W Hyman Ave
E Hopkins Ave
S G a l e n a S tS M o n a r c h S t S H u n t e r S t
S 1 s t S t
S 2 n d S t
S G a r m i s c h S t
S A s p e n S t
S M i l l S t
W Main St
W Hallam St
Rio Grande Park
Wagner Park
PaepckeParkS 3 r d S t
N 4 t h S t
BoomerangLodge
N 5 t h S t
N 6 t h S t
W Main St
W Hopkins Ave
N M o n a r c h S t
N G a r m i s c h S t
N 2 n d S t
Shadow Mountain
Molly Gibson
Mountain Chalet
Hotel Aspen
Chalet Lisl
Annabelle InnAspen Mountain Lodge
Hotel Durant
Hearthstone House
Tyrolean LodgeSt. Moritz Lodge
Snow Queen Lodge
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