HomeMy WebLinkAboutcoa.lu.pu.Aspen Alps.Pud ex.A002022737-182-56-004
Aspen Alps PUD Extension of PUD
Recording Deadline
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CASE NUMBER
PARCEL ID #
CASE NAME,
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A002-02
2737-182-56004
Aspen Alps PUD Extension of PUD Recording Deadline
Lot 26, Moses Subdivision
Fred Jarman
Extension of Recording Deadline
Aspen Alps Condominium Association
Alan Richman
4/9/02
Approved
4/26/02
J. Lindt
PARCEL ID: 2737-182-56004 IF. DATE RCVD 1/23/02 A002,
CASE NAME: Aspen Alps PUD Extension of PUD Recording Deadline PLNR'1.
PROD ADDR: Lot 213, Moses Subdivision CASE TYP: Extension of Recording Deadline Y
OWN/APP:? Aspen Alps Condomi ADR C/S/Z: PHN:
iEP: Alan Richman ADR: PO Box 3613 C/S/Z: Aspen/CO/81612 PHN 920-1 225
FEES DUE: $205 per hr FEES RCVD• Bill Them ( STATA
REFERRALS
REFT BY1.
MTG DATE REV
PLAT SUBMITD:
t DATE OF FINAL ACTION
CITY COUNCIL:
PZ:
BOA:
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PLAT (BK,PG): ADMINI )l1
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NOTICE OF DECISION
TO: Alan Richman
FROM: Julie Ann Woods, City of Aspen Community Development Director
Fred Jarman, Planner 11;*5
RE: Extension for Recordation of PUD Documents Request
DATE: April 9, 2002
SUMMARY
Alan Richman of Alan Richman Planning Services, representative for the Aspen Alps
Planned Unit Development (PUD) project, requests an extension in order to record the
necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk
and Recorder's office. The Community Development Director, by this Notice of
Decision, has approved a 6-month extension to August 23, 2002.
BACKGROUND
The Aspen Alps PUD received approval from the Aspen City Council on August 27,
2001 and is memorialized through Ordinance No. 28, Series of 2001. According to
Section 26.445.070(A) of the Land Use Code, the Aspen Alps is required to have all
necessary and required PUD / Subdivision documents recorded with the Pitkin County
Clerk and Recorder's office within 180 days of the approval date which would be
February 23, 2002. Moreover, in order to request an extension, the request shall be made
to the Community Development Office at least 30 days prior to the final expiration date.
The Applicant submitted the appropriate request on January 23, 2002, which satisfies the
30-day requirement.
Subsequent to the submitted request for an extension that would normally be reviewed by
City Council, the Land Use Code has amended granting review authority to the
Community Development Director. Specific language has been included in the Land Use
Code as Section 26.440.070(B), Recording a Final PUD Development Plan and Section
26.480.070(E), Subdivision Agreement, Recordation state that
The Community Development Director may extend the recordation deadline if the
request is within the vesting timeline and if there is a community interest for
providing such an extension. The Community Development Director may forward
the extension request to the Planning and Zoning Commission.
STAFF FINDING
Staff has been presented with a final draft of the PUD / Subdivision Agreement and
therefore finds that the Applicant has been diligently working towards the completion of
the required and necessary documents to be recorded. Staff finds that the request has
been submitted within the vesting timeline (attached hereto as Exhibit A) and there is a
community interest for providing an extension.
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
I hereby extend the recordation deadline for the Aspen Alps PUD project for 6 months to
expire on August 23, 2002 finding that the request has been made within the vesting
timeline and there is a community interest for providing such an extension.
� 9
J e Ann Woods, Community Development Director Date
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Tex 3613 ,44Aac, es&vg4 a Y1612
January 23, 2002
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JAN 2 3 2002
ASPEN / PITKIN
Mr. Fred Jarman, Planner COMMUNITY DEVELOPMENT
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF PUD RECORDING DEADLINE FOR ASPEN ALPS PROJECT
Dear Fred,
On August 27, 2001, the Aspen City Council adopted Ordinance 28, Series of 2001, granting
PUD approval to the Aspen Alps Condominium Association. According to Section
26.445.070 A. of the Land Use Code, within 180 days of this date (February 23, 2002), the
Aspen Alps is required to file all of the necessary approval documents so they may be
recorded in the Office of the County Clerk and Recorder. The purpose of this letter is to
request a one (1) year extension of that deadline, as authorized by that same Code section.
This letter is being filed more than 30 days prior to the 180 day deadline, as is also specified
in that Code section.
There are several fundamental reasons that the Aspen Alps is requesting this extension, as
follows:
1. The Association recently asked their architect, Mr. Nasser Sadeghi, to prepare design
development drawings for the parking and housing facilities that were approved by
the City. These drawings will be ready this Spring. The Association would like to
have these drawings completed before preparing the final plat drawings for
recordation, in case there are any minor adjustments in the location of the
improvements that are necessitated by this pre -construction phase of the design.
2. The Aspen Alps has been working on approaches to financing this facility, and needs
additional time to complete these arrangements before it is ready to record its plans
for the facilities.
As evidence of the due diligence of the Association in pursuing this project, I attach for staff
review a draft of the proposed PUD Agreement for the project, which was recently
completed. Please review this document and let me know if it contains any issues we need
to discuss.
Mr. Fred Jarman
January 23, 2002
Page Two
In summary, the Aspen Alps would request a one (1) year extension of the PUD filing
deadline for its parking and housing project, to February 23, 2003.
If there is anything else you require, please feel free to contact me.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT
ASPEN ALPS PARKINGAFFORDABLE HOUSING PROJECT
THIS PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT is
made this day of , 2002, by and between the Aspen Alps Condominium
Association (hereinafter referred to as "the Owner") and the City of Aspen, Colorado, a
municipal corporation and home rule charter city (hereinafter referred to as "the City").
RECITALS
WHEREAS, the Owner owns that certain real property located in the City of Aspen,
County of Pitkin, legally described as Lots 2A and 213, Replat of Lot 2, Moses Lot Split (A
Lot Line Adjustment); and
WHEREAS, in February, 2001 the Owner submitted to the City for approval a land
use application to develop a parking structure, maintenance shop, laundry facility, and three
(3) affordable housing units on Lot 2B (hereinafter referred to as the 'Project"); and
WHEREAS, pursuant to Ordinance No. 28 (Series of 2001), the City granted
approval to the Project for Consolidated Conceptual/Final Planned Unit Development,
Subdivision Amendment, Growth Management Quota System exemption, and Rezoning; and
WHEREAS, the City imposed conditions and requirements on the Owner in
connection with the approvals described above, such conditions and requirements being
necessary to protect, promote and enhance the public health, safety and welfare. Such
conditions are set forth in Ordinance No. 28 (Series of 2001); and
WHEREAS, under Sections 26.445.070 and 26.480.070 of the Municipal Code of the
City of Aspen, the City is entitled to assurance that the matters agreed to herein will be
performed by the Owner and its successors or assigns; and
WHEREAS, the Owner is willing to enter into such agreement with the City and to
provide to the City assurances, as set forth herein; and
WHEREAS, the Owner has submitted to the City for approval, execution, and
recording a final plat for the Project (the 'Plat") and the City agrees to approve, execute,
and record the Plat at the Owner's expense on the agreement of the Owner to the matters
described herein, subject to the provisions of the Municipal Code of the City of Aspen and
other applicable rules and regulations.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed
as follows:
1. Description of Project. The Project consists of the following elements:
♦ A two (2) story, sub -grade parking structure containing not more than sixty-
nine (69) parking spaces to store cars owned by Aspen Alps unit owners, their
guests, and residents of the affordable housing units, and to store Aspen Alps
fleet vehicles;
♦ A laundry facility and a maintenance facility for Aspen Alps use only; and
♦ Three (3) affordable housing units, including 2 two bedroom units and 1 one
bedroom unit.
2. Acceptance of Plat. Upon execution of this Agreement by all parties hereto,
and upon approval of the Plat by the Engineering Department and Planning Office, the City
will approve and execute the Plat for the Project, which conforms to the requirements of
Section 26.480.060 of the Municipal Code. The City will accept such plat for recording in
the offices of the Pitkin County Clerk and Recorder upon Owner's payment of the
recordation fee.
The Owner and the City hereby acknowledge that the Plat, this Agreement, and
Ordinance No. 28 (Series of 2001) constitute the final development plan and development
regulations for the Project, pursuant to Chapter 26.445 of the Municipal Code.
3. Construction Schedule and Phasing. The City and Owner mutually
acknowledge that an exact construction schedule cannot be determined for the Project at this
time. However, it is anticipated that construction of the Project will begin no later than
three (3) years after the vesting of the Owner's rights in the Project.
The Owner hereby agrees that excavation for the Project will only take place between
October 1 and May 30 of the year(s) of construction of the Project. It is anticipated that
construction of the improvements will begin shortly after excavation is completed, with
substantial completion of construction occurring within eighteen (18) months thereafter.
4. Dimensional Requirements. The dimensional requirements applicable to the
Project are as follows:
2
Municipal Code Requirement
Approved Dimensional Requirement
Minimum Lot Size
35,327 sq. ft.
Minimum Lot Area Per Dwelling Unit
5 bedrooms on 35,327 sq. ft.
Minimum Lot Width
197 feet
Minimum Front Yard
12 feet
Minimum Side Yard
15 feet (west side)
20 feet (east side)
Minimum Rear Yard
10 feet
Maximum Height
28 feet (most of building will be
subgrade)
Minimum Distance Between Buildings
on the Lot
Not applicable
Minimum Percent of Open Space
17.5%
Maximum External Floor Area Ratio
0.20:1 (7,065 sq. ft.)
Minimum Number of Off -Street
Parking Spaces
2 spaces per two bedroom unit;
1 space per one bedroom unit
5. Conditions of Development Approval. The Owner will satisfy the conditions
of development approval established in Ordinance 28 (Series of 2001), as follows:
a. Accessibility. The Owner will design and construct the tennis courts on
top of the garage and all bathrooms, offices, and laundry rooms to provide full accessibility,
as required by the City of Aspen Building Department.
b. Parking Spaces for Housing Units. The Owner will designate five (5)
parking spaces in the garage for the deed -restricted affordable housing units. The Owner
will amend the plans for the parking structure to show a garage access door to provide
access from the patio in front of the housing units to the upper level of the parking garage.
The parking spaces for the housing units will be designated as close to that door as possible.
C. Required Plans. The Owner will submit the following plans to the
Engineering Department for their review and approval before submitting an application to
the City for a building permit:
♦ Construction Traffic Maintenance Plan;
♦ Construction Erosion Control Plan;
♦ Drainage and De -watering Mitigation Plan;
K3
♦ Noise and Dust Control Plan;
♦ Soils Report; and
♦ Full set of building plans.
d. Groundwater. Prior to the initiation of any excavation activities, the
Owner will make two bores on the southeast and southwest corners of the proposed parking
garage to determine the groundwater level. If groundwater is encountered within the
planned excavation, the Owner will submit a plan to the City of Aspen Water Department
that details how the groundwater will be diverted to the nearby mine drainage ditch. If
seasonal water, groundwater, or dampness is encountered during excavation, the Owner will
employ those measures necessary (including consultation with an engineer) to ensure the
affordable housing units do not have mold or mildew problems.
e. Contractor Notification. The Owner will notify its contractors about
City ordinances that prohibit vehicle idling for more than five (5) minutes, and that require
construction activities to not begin prior to 7 AM.
f. Fugitive Dust Control. The Owner will submit a Fugitive Dust Control
Plan to the City's Environmental Health Department prior to submitting a building permit
application. The Owner will require its contractor to keep all mine -related soils damp at all
times as a dust suppression measure to prohibit the release of particulates into the air. The
Owner will maintain a regular dialogue with the Environmental Health Department during
the excavation process and include them as a monitor while that work is on -going.
g. Soil Disposal. The Owner will contact the Pitkin County Solid Waste
Center to determine whether excavated soils can be taken to the County Landfill. If not,
the Owner will consult with the City's Environmental Health Department and Community
Development Department before moving the soils off -site.
h. Soil Testing. The Owner acknowledges that the Director of
Environmental health may require any person intending to conduct activity or development
within the site to test any soil or material to establish its total lead (Pb) content. Any such
testing will utilize and adhere to protocols established or approved by the United States
Environmental Protection Agency (pursuant to City of Aspen Ordinance 25, Series of 1994).
i. Parks Department. Prior to submission of an application for a building
permit, the Owner will provide the Aspen Parks Department with the following plans for
their review and approval:
♦ An excavation plan that indicates how the proposed excavation will take
place for the Project.
♦ A final landscaping plan that includes protection techniques to be
employed in the areas marked "trees to be saved if possible". If the spruce trees on the
2
adjacent property directly to the south (along the fence) that are not depicted on the
landscape plan are damaged during excavation, the Owner will replace those trees damaged
at the Owner's expense.
j. Housing Authority_. The Owner will conduct a site visit and tour of the
three (3) affordable housing units with the Housing Authority staff prior to obtaining a
certificate of occupancy for the units.
k. Colors. The Owner will utilize an earth -tone color treatment for the
affordable housing units so they are effectively blended into the hillside.
1. Dry Cleaning Service Prohibited. The Owner will not operate a dry
cleaning service in the planned laundry facility.
In. Lighting of Tennis Courts. The Owner will not install night time
lighting for the tennis courts.
n. Use of Garaize. The Owner will only allow vehicles associated with the
Aspen Alps to park in the garage, unless otherwise specifically permitted by the City of
Aspen as an amendment to this PUD Agreement. Aspen Alps associated vehicles include
those of unit owners, visitors, residents of the affordable housing units, and Aspen Alps fleet
vehicles.
6. Modification of Restrictive Covenants on Lots 2A and 2B. The Final Plat for
the Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment), recorded at Book 29, Page
65 of the records of the Pitkin County Clerk, establishes the following restrictive covenants
on Lots 2A and 2B:
(a) The floor area, bedroom and density attributed to Lots 2A and 2B
shall not be utilized by the Aspen Alps Condominium Unit Owners for
purposes of increasing the floor area, bedroom number or density of
existing or future Aspen Alps Condominium Units.
(b) No further development or additional lot area for floor area, bedrooms
and additional density or major new recreational facilities such as
tennis courts and swimming pools shall occur on said Lots 2A and 2B".
The Owner hereby acknowledges that these covenants remain in effect on Lots 2A and 2B,
and continue in effect after the rezoning of these properties to Lodge/Tourist
Residential/Planned Unit Development (L/TR/PUD) that was accomplished by Ordinance
28, (Series of 2001), except as expressly modified by said Ordinance. Following is a re-
statement of these covenants, as modified by Ordinance 28 (Series of 2001). These modified
covenants have also been stated on the Plat for this Project:
5
(a) The floor area, bedroom and density attributed to Lots 2A and 2B
shall not be utilized by the Aspen Alps Condominium Unit Owners for
purposes of increasing the floor area, bedroom number or density of
existing or future Aspen Alps Condominium Units.
(b) No further development or additional lot area for floor area, bedrooms
and additional density or major new recreational facilities such as
tennis courts and swimming pools shall occur on said Lots 2A and 213",
except for those bedrooms in the three (3) affordable housing units,
and that floor area for the parking structure/affordable housing project
that was approved on Lot 2B by the City of Aspen pursuant to
Ordinance 28 (Series of 2001).
7. Affordable Housing. The three (3) affordable housing units in the Project will
be deed restricted at a rate that will not exceed Category 3 housing, pursuant to applicable
Aspen/Pitkin County Housing Authority ("APCHA') requirements. The deed restrictions
will also provide that if the occupant of the unit is an employee of the Owner, then the
income and asset occupancy requirements applicable to the unit will be waived. The Owner
will submit the appropriate deed restrictions for the affordable housing units to APCHA
prior to the issuance of a building permit for the Project.
In conjunction with the submission of the deed restrictions, the Owner will
convey an undivided one -tenth of one percent (0.01%) fractional interest in the ownership
of Lot 2B to APCHA for the purposes of complying with the recent Colorado Supreme
Court decision regarding rent controls. As part of this conveyance, the Owner will indemnify
and hold harmless APCHA and the City of Aspen from any claims, liabilities, fees, or similar
charges related to ownership of an interest in the property. The City of Aspen shall have
no voting rights, or rights to notices of meetings, etc. in the Aspen Alps Condominium
Association by reason of the conveyance of this fractional interest.
At such time as the Owner can demonstrate to the reasonable satisfaction of
the City that another mechanism then exists, so that affordable housing guidelines are
enforceable absent an ownership interest by the City, then the Owner may request, and the
City shall deed back to the Owner, the City's 0.01% undivided ownership interests in the
three (3) affordable housing units. In any event, the City's ownership shall automatically
expire thirty (30) years from the date the deeds are recorded.
8. Landscaping Plan and Landscaping Guarantee. In accordance with the
requirements of the Municipal Code, the Owner will install those landscaping improvements
as represented and shown on the Landscape Plan, a copy of which is attached to the Plat.
The Landscape Plan shows the type, extent, and location of all plants to be installed and all
landscape features and proposed treatment of ground surfaces. The Owner will install the
landscaping shown as soon as is practical, but no later than the first planting season
following the completion of construction adjacent to the area of planting. The Owner will
0
promptly replace any plants that have not survived for a period of two (2) growing seasons
following the issuance of a certificate of occupancy for the Project.
In order to secure the performance of the installation of this landscaping, the
Owner will provide a bond, letter of credit, cash, or other guarantee in a form satisfactory
to the City Attorney in the sum of $ , based on the estimate prepared by the Owner's
Landscape Architect. Said guarantee will be delivered to the City prior to the issuance of
a building permit for the Project. The guarantee documents will give the City the
unconditional right, upon clear and unequivocal default by the Owner in its obligations, to
withdraw funds against such security sufficient to complete and pay for the installation of
such Project landscaping.
As portions of the landscaping are completed, the Parks Director will inspect
them, and upon approval and acceptance, will authorize the release of the agreed upon
estimated cost for that portion of the landscaping, except that ten percent (10%) of the
estimated costs of the landscaping shall be withheld for the benefit of the City until two (2)
growing seasons following the issuance of a certificate of occupancy for the Project.
9. Material Representations. All material representations made by the Owner
on record to the City in accordance with the approval of the Project shall be binding upon
the Owner, its successors, and assigns.
10. Enforcement. In the event the City determines the Owner is not in substantial
compliance with the terms of this Agreement or the Plat, the City may serve a Notice of
Non -Compliance and request that the deficiency be corrected within a period of forty-five
(45) days. In the event the Owner believes that it is in compliance, or that the non-
compliance is insubstantial, the Owner may request a hearing before the City Council to
determine whether the alleged non-compliance exists, or whether any amendment, variance,
or extension of time to comply should be granted. On request, the City shall conduct a
hearing according to standard procedures and take such action as it then deems appropriate.
The City shall be entitled to all remedies at equity and at law to enjoin, correct, and/or
receive damages for any non-compliance with this Agreement.
11. Notices. Notices to the parties shall be sent by U.S. Certified Mail, return
receipt requested, postage prepaid, to the addresses set forth below, or to any other address
which the parties may substitute in writing. Such notices shall be deemed received, if not
sooner received, three (3) days after the date of mailing of same.
To the Owner: Aspen Alps Condominium Association
710 Ute Avenue
Aspen, Colorado 81611
With a copy to: J. Nicholas McGrath, Esquire
J. Nicholas McGrath PC
7
With a copy to:
600 East Hopkins Avenue
Aspen, Colorado 81611
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
12. Bindin Effect. ffect. The provisions of this Agreement shall run with and constitute
a burden on the land on which the Project is located and shall be binding and enure to the
benefit of the Owner, its successors and assigns and to the City, its successors, and assigns.
13. Amendment. This Agreement may be altered or amended only by written
instrument executed by all the parties hereto, with the same formality as this Agreement was
executed.
14. Severability. If any of the provisions of this Agreement are determined to be
invalid, it shall not effect the remaining provisions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision/PUD
Agreement the day and year first above written.
ATTEST:
Katherine S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
THE CITY OF ASPEN, COLORADO
a municipal corporation
itz
8
Helen K. Klanderud, Mayor
ASPEN ALPS CONDOMINIUM
ASSOCIATION
Herb Winter, President
STATE OF COLORADO )
) ss:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of , 2001
by Helen Klanderud, as Mayor, and Katherine S. Koch, as City Clerk of the City of Aspen.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of ,
2001 by Herb Winter, as President of the Aspen Alps Condominium Association.
Witness my hand and official seal.
My commission expires:
W
Notary Public
a
ORDINANCE NO.28, (SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PROJECT
PRESENTED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION FOR A
CONSOLIDATED PLANNED UNIT DEVELOPMENT, REZONING,
SUBDIVISION AMENDMENT, AND GROWTH MANAGEMENT QUOTA
SYSTEM EXEMPTION FOR LOT 2B OF MOSES LOT SPLIT AND A
REZONING OF THE LANDS WHICH INCLUDE LOT 2B, THE 300, 400, AND
700 BUILDINGS OF THE ASPEN ALPS, AND SURROUNDING LANDS OWNED
BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION, WHICH ARE
CURRENTLY ZONED EITHER R-15 PUD OR CONSERVATION TO LODGE /
TOURIST RESIDENTIAL PUD (L/TR PUD)THE ASPEN ALPS
CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-182-56- 004
WHEREAS, the Community Development Department received an application
from the Aspen Alps Condominium Association (Applicant), represented by Alan
Richman, requesting land use approvals for a consolidated planned unit development,
rezoning, subdivision amendment, and growth management quota system exemption for
the construction of 3 employee -housing units and a two level sub -grade parking garage.
The property on which the construction is proposed to occur is described as Lot 2B of the
Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps
Condominiums; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire,
Streets, Housing, Environmental Health, Parks, and Water Departments; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval for the proposed land use requests for Lot 2B of the Moses Lot
Split including a consolidated planned unit development, subdivision amendment,
rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the
Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association,
which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist
Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; and
WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
recommendation of approval, by an unanimous vote of six to zero (6 — 0), to the Planning
and Zoning Commission to approve the proposed three affordable housing units for the
employees of the Aspen Alps Condominium Association; and
WHEREAS, the City of Aspen Planning and Zoning Commission forwarded a
recommendation of approval, by an unanimous vote of five to zero (5 — 0), to the City
Council to approve the consolidated planned unit development, subdivision amendment,
rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the
Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association,
463766
Page: 1 of 7
02/08/2002 11:519
SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00
which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist
Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; 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 City of Aspen / Pitkin County Housing
Authority, the Aspen Planning and Zoning Commission, the Community Development
Director, the applicable referral agencies, and has taken and considered public comment at a
duly noticed public hearing on August 27, 2001; and,
WHEREAS, the Aspen City Council acknowledged Ordinance 31, Series 1992,
which placed certain conditions on the future development of Lot 2B including:
a. The floor area, bedroom and density attributed to Lots 2A and 2B shall not
be utilized by the Aspen Alps Condominium Unit Owners for purposes of
increasing the floor area, bedroom number or density of existing or future
Aspen Alps Condominium Units;
b. No further development or additional lot area for floor area, bedrooms and
additional density or major new recreational facilities such as tennis courts
and swimming pools shall occur on said Lots 2A and 2B.
And after reviewing the proposal for the addition of three Affordable Housing units on
Lot 2B, as part of this development, is in the best interests of the City of Aspen to modify
Ordinance 31, Series 1992 regarding the addition of the three Affordable Housing units
on specifically on Lot 2B; and,
WHEREAS, Ordinance 28, Series 2001 shall effectively modify Ordinance 31,
Series 1992, which placed certain conditions on the future development of Lots 2A and 2B
and shall only apply to Lot 2B; and,
WHEREAS, the City of Aspen 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 Aspen City Council, by a vote of five to zero (5 — 0), hereby
approves a consolidated planned unit development, rezoning for the lands which include
Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned
by the Aspen Alps Condominium Association to L/TR PUD, the subdivision amendment,
and growth management quota system exemptions for the construction of 3 employee -
housing units and a two level sub -grade parking garage on Lot 2B of the Moses Lot Split,
City of Aspen; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
463766
Page: 2 of 7
SILVIA DAVIS PITKIN COUNTY CO R 35.00 2/08D2002 11 :51f
0 00
ja
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the request for a consolidated planned unit development, rezoning, subdivision amendment,
and growth management quota system exemption, are approved for the construction of 3
employee -housing units and a two level sub -grade parking garage located on Lot 2B; the
300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen
Alps Condominium Association, which are currently zoned either R-15 PUD or
Conservation to Lodge / Tourist Residential are hereby rezoned to L/TR PUD, City of
Aspen with the following conditions:
1) That the Applicant shall provide full accessibility to the tennis courts located on
top of the garage and that all bathrooms and office and laundry rooms require full
accessibility as required by the City of Aspen Building Department;
2) That the Applicant shall designate specific parking spaces in the garage for the
deed -restricted affordable housing units;
3) That the Applicant shall submit the following plans to the Engineering
Department for approval prior to application for building permit:
➢ Construction Traffic Maintenance Plan
➢ Construction Erosion Control Plan
➢ Drainage and Dewatering Mitigation Plan
➢ Noise and Dust Control Plan
➢ Soils report
➢ Full set of construction plans
4) That the Applicant shall, prior to excavation, conduct two bores on the Southeast
and Southwest corners of the proposed parking garage to determine the level of
groundwater. If groundwater is encountered within the proposed excavation, a
plan detailing how it will be diverted to the nearby mine drainage ditch is to be
submitted to the City of Aspen Water Department for approval;
5) The Applicant shall agree that if seasonal water, groundwater, or dampness is
encountered during excavation, the applicant will need to employ extra measures
to make sure the proposed affordable housing units do not have mold or mildew
problems. The Applicant shall agree to consult an engineer if this is the case;
6) That the Applicant shall conform to the approved dimensional requirement s for
Lot 2B as stated in Table 1 below:
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r
Table 1. Dimensional Requirements Comparison
(units measured in feet or square feet)
L
Existing
Approved
Requirement ire
Minimum Lot Size
6,000
35,327
35,327
Min. Lot Area /
1 bedroom / 1,000 sq.
N/A
5 proposed bedrooms
DwellingUnit
ft.
on 35,327 sq. ft.
Minimum Lot
Width
60 feet
197 feet
197 feet
Minimum Front
Yard
10 feet
12 feet
12 feet
Minimum Side
5 feet
15 (west side)
15 (west side)
Yard
20 feet east side
20 feet east side
Minimum Rear
Yard
10 feet
10 feet
10 feet
Maximum Height
28 feet
N/A
N/A
Min Distance
between Buildings
10 feet
N/A
N/A
on a lot
Min. Percent of
Open Space
25%
17.5%
17.5%
Allowable External
FAR
1:1
N/A
0.20:1 (7,065 sq. ft.)
Minimum Off-
2 spaces per two
5 Spaces in the garage
Street Parking
bedroom unit; 1 space
N/A
will be devoted to the
per one bedroom unit
three units
7) That the Applicant shall be required by the City of Aspen Environmental Health
Department to have the Aspen Alps management notify its contractors about City
ordinances prohibiting vehicle idling for more than five minutes, and not starting
construction work before 7 am;
8) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the
Environmental Health Department prior to the application of building permits. In
addition, the Applicant is aware that there are no special regulations pertaining to
movement of mine tailings in any area of the County or City of Aspen except
those within the Smuggler Mountain Superfund Site boundary. However, these
soils may contain more lead or other heavy metals than other dirt in the area, and
nearby neighbors have already expressed concern to the applicants. Therefore, the
Applicant shall require their contractor to keep all mine -related soils damp at all
times as a dust suppression measure to prohibit the release of particulates into the
air. The Applicant shall contact the Pitkin County Solid Waste Center to
determine whether these soils can be taken to the landfill. If not, the Applicant
shall contact this office before moving soils off the site. The Applicant shall
consult with the Environmental Health Department once they have soils test
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results. Finally, the Applicant shall maintain constant dialogue with the
Environmental Health Department and include them as a monitor during the
excavation of the soils for the project.
9) That the Applicant shall be aware that the Director of the Environmental Health
Department my require any person undertaking to conduct activity or
development within the site to test any soil or material to establish it's total lead
(Pb) content. All testing shall utilize and adhere to protocols established or
approved by the United States Environmental Protection Agency (pursuant to
Ordinance 25, Series 1994).
10) That the Applicant agrees to provide the Aspen Parks Department with an
excavation plan that indicates how the proposed excavation will take place for the
project;
11) That the Applicant shall provide the City Parks Department with an excavation
and landscaping plan for their approval prior to the application of building
permits that includes protection techniques to be employed in the areas marked
"trees to be saved if possible" on the current landscape plan. If the spruce trees on
the adjacent property directly to the south (along the fence) that are not marked on
the site plan are damaged during excavation, the Applicant agrees to replace all
the trees damaged at the Applicant's expense;
12) That the Applicant shall file an appropriate deed restriction agreed to by the City
of Aspen Attorney with the City of Aspen / Pitkin County Housing Authority
prior to the issuance of building permits and the Applicant shall conduct a site
visit and tour of the three employee units with the City of Aspen / Pitkin County
Housing Authority Staff prior to the Certification of Occupancy;
13) That the Applicant shall draft a modified subdivision agreement that shall include
the decision by City Council to amend the current restrictions associated with Lot
2B of the Moses Lot Split and the subject of this application and present it to the
City of Aspen Attorney for approval and shall have this document recorded with
the Pitkin County Clerk and recorders office;
14) That the Applicant understands that the existing restrictions on Lots 2A and 2B
continue after the rezoning occurs. The Applicant agrees'the deed restrictions will
not be dissolved by the rezoning;
15) That the Applicant amends the plan to provide better access from the employee
units to the parking spaces in the garage. Specifically, the Applicant shall add a
garage access door from the walk around patio in front of the employee units to
the top level of the garage where space 41 is currently proposed. Parking spaces
for the employee units shall be required to be dedicated as close to that access
door as possible;
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16) That the Applicant utilize a color treatment such as earth tones for the employee
units so that they are effectively blended into the hillside;
17) That the Applicant shall not operate a dry cleaning service in the laundry facility
proposed in the sub -grade garage;
18) That no night time lighting be installed for the tennis courts located above the
sub -grade garage;
19) That the Applicant agrees that only Aspen Alps associated vehicles be permitted
to use the garage. Specifically, those would be vehicles of the unit owners,
visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps
fleet vehicles; and
20) That the Applicant has agreed to begin and conduct the excavation for the project
only between October 1 and May 30 of the year(s) of construction of the project;
21) That the Applicant agrees to file for recordation a Final Plat / Plan PUD /
Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's
Office within 180 days of approval by the City Council indicating all current
improvements and conditions of approval for the entire Aspen Alps property as
described herein;
22) The Applicant shall convey an undivided fractional interest (one tenth of 0.01 %)
in the ownership of deed restricted affordable housing units to the Aspen/Pitkin
County Housing Authority for the purposes of complying with the recent
Colorado Supreme Court Decision regarding rent control legislation. The
Applicant may submit an alternative option to satisfy the rent control issue
acceptable to the City Attorney.
23) The Applicant shall indemnify and hold harmless the Aspen/Pitkin County
Housing Authority and City of Aspen from any claims, liability, fees or similar
charges related to ownership of the deed restricted affordable housing units.
Section 2•
The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the
Community Development Director to reflect rezoning of the lands which include Lot 2B,
the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the
Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or
Conservation to Lodge / Tourist Residential PUD (L/TR/PUD).
Section 3:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission, or City Council, are hereby
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incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 4•
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
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
"C?11r�cjl of the City of Aspen on this 23d day of July, 2001.
i
<� Attest:
Kathryq S. ch, City Clerk ;�e alin la a \, Mayor
C
FINALLY, adopted, passed and approved this 27`h Day of August, 2001.
Attj�st�-
Kathryn S.. och, City Clerk
�.�v<APJ)Xoas to form:
orces or, City Attorney
-770, !-.
en a in a derud, Mayor
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