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Land Use Case.835 W Main St.A035-02
Am mm�mft Bavarian PUD Amendment 835 W. Main 2735-123-08-004 Case No. A035-02 P�l CASE NUMBER A035-02 PARCEL ID # 2735-123-08004 CASE NAME Bavarian PUD Amendment PROJECT ADDRESS 835 W. Main St. PLANNER Joyce Ohlson CASE TYPE PUD Amendment OWNER/APPLICANT Bavarian Inn Affordable Housing Inc. REPRESENTATIVE Sunny Vann DATE OF FINAL ACTION 12/03/02 CITY COUNCIL ACTION PZ ACTION RESO 33-2002 ADMIN ACTION APPROVED BOA ACTION DATE CLOSED 12/06/02 BY D DRISCOLL r,r R mm sip! YJi ww.`l&,-!;1 fv WR;04w--ll.IVIIwlw8 wff'rq'i 1RA PARCEL ID: 2735-123-08004 DATE RCVD: 4/19/02 # COPIES:[ — CASE NOIA035-02 CASE NAME: Bavarian PUD Amendment PLNR: Joyce Ohlson PROJ ADDR: 835 W Main St. CASE TYP: PUD Amendment STEPS: F— OWN/APP: I Bavarian innAfforda ADR�� CIS/Z: PHN:F— REP]Sunny Vann ADR: 230 E. Hopkins CIS/Z: Aspen/CO/81611 PHN: 925-6958 FEES DUE: 1205 D 350 E 350EH 350 H FEES RCVD: 2255 STAT: REFERRALS REF:I By MTG DATE REV BODY PH NOTICED F— F— i REMARKS CLOSED:[ BY: PLAT SUBMITD: PLAT (BK,PG): DATE OF FINAL ACTION-1 CITY COUNCIL:F— PZ: I DRAC: ADMIN: purpose of allowing a change to the architecture of the structures on Parcel 2 and to the duplex structure only on Parcel 1, is approved. Section 2: The following conditions apply to this approval. 1. Within 60 days of this approval the applicant shall submit for recordation purposes the revised Bavarian Inn Subdivision/PUD plans reflecting this insubstantial amendment to the Community Development Department. 2. The provisions of City Council Ordinance No. 21, Series of 2001, approving the Final Bavarian Inn Subdivision/PUD, in particular, Section 2 (2) having to do with dimensional requirements, shall remain in full force and effect and are not altered by this PUD amendment. Section 3• This Resolution 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances.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 4: 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. Approved by the Conunission by a vote of six to zero (6-0) at its regular meeting on December 3, 2002. APPROVED AS TO FORM: . C:1 City Attorney ATTEST: Z64lQ/KJ 9 ckie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: 46-�r� Jasmine Tygre, Chair on'5 RESOLUTION NO. 33 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN INSUBSTANTIAL AMENDMENT TO THE BAVARIAN INN AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT TO ALLOW FOR A CHANGE IN THE ARCHITECTURE OF THE STRUCTURES ON PARCEL 2 AND THE DUPLEX STRUCTURE ON PARCEL 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Four Peaks Development, LLC, represented by Sunny Vann of Vann Associates, LLC, for an Insubstantial Amendment to the Bavarian Inn Affordable Housing Planned Unit Development (PUD) to allow for a change to the architecture of the structures on Parcel 2 and the duplex structure on Parcel 1; and, WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may approve an Insubstantial Amendment to an approved Planned Unit Development, during a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Staff, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the request for an insubstantial amendment to the Bavarian Inn Affordable Housing PUD to allow for a change in architecture and recommended approval of the amendment; and, WHEREAS, the Aspen Planning and Zoning Commission 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 Community Development Department, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission 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 Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, during a duly noticed public hearing on December 3, 2002, the Planning and Zoning Commission approved, by a five to zero (5 - 0) vote, an Insubstantial Amendment to the Bavarian Inn Affordable Housing Planned Unit Development for the purpose of allowing a change to the architecture to the structures on Parcel 2 and to the duplex on Parcel 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Insubstantial Amendment to the Bavarian Inn Affordable Housing Subdivision/PUD for the ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ' " , Aspen, CO SCHEDULED PL-BLIC HEARE G DATE: , 200Z STATE OF COLORADO ) ss. County of Pitkin ) I, �'yVX/7 V,444 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) d prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, wa,z roof materials, which was not less than twenty-t,,;vo (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen 15) days prio_ to the public hearing and was continuously visible from the,1Aday of /(�l�/�✓-� , 200�, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. jlWailing of notice. By the mailing of a notice obtained from the Community Development Depar`anent, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADD R.ESS Aspen, CO P ESS OF PROPERTY: SCHEDULED PUBLIC HE ARL`i G DATE: /G A , 200 2 STATE OF COLOR -DO ) ss. County of Pitkin ) I, e��1 ���/ �/.y (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Deparnrent, which was made of suitable, watproof materials, which was not less than twenty-t,.vo (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. �Llailing of notice. By the mailing of a notice obtained from the Community Development Deparinent, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. — /)5;/- 44W Signature The foregoing "Afndavit of Notice" was ac owledged before me rthia6ay of /1/oVCMLU, 200Z, by C WITNESS MY HAND AND OFFICIAL SEAL �mission expires: I .../ lid � i%t. ��.♦ .. ATTACHINIENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERI(IIENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: PARCEL 1 AND PARCEL 2 OF THE BAVARIAN INN SUBDIVISION/PUD FOR AN AMENDMENT TO THE APPROVED PUD PLAN NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 3, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena Street, to consider an application submitted by Four Peaks Development, LLC on behalf of the owner, Bavarian Affordable Housing, LLC, requesting approval of a PUD Amendment to the approved Bavarian Inn Subdivision/PUD. The request is for revisions to the architecture of the structures. The properties are located between 7`" Street and 8 h Street and West Bleeker and Main Streets. For further information, contact Joyce A. Ohlson at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5062, j oyceokci.aspen.co.us. S/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 16, 2002 City of Aspen Account 715 W MAIN LLC ANDERSON JULIE K ANDREWS JUDY D 715 W MAIN ST STE #201 PO BOX 5153 1043 HIGHLANDER DR ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 SEASIDE, CA 93955-6231 ANZALONE GRACE E ASPEN SQUARE CONDOMINIUM ASSOC BEAVERS JASON L 1/2 PO BOX 3808 617 E COOPER AVE 719 W MAIN ST #301 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 BERGER BRUCE NICOLAS BODURTHA SUSAN M BOSSART TODD L PO BOX 482 719 W MAIN ST #206 814 W BLEEKER ST #E4 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 BREIDENBACH WARREN C BRINKMEYER THOMAS K BROWN ALBERT L JR QPRT #4 WOLF PEN LN PO BOX 9022 1767 E MCMILLAN ST PROSPECT, KY 40059 ASPEN, CO 81612 CINCINNATI, OK ;45206 BRUFF SHERLYNNE GUEST BRUNT FAMILY LP BURNS JULIE N 100 N 8TH ST #30 PO BOX 304937 719 W MAIN ST #203 ASPEN, CO 81611 107-913 ESTATE CONTACT ASPEN, CO 81611 ST THOMAS, VI 00803 BUTLER MARIE CHRISTIAN SCIENCE SOCIETY CHRISTIAN SCIENCE SOCIETY 814 W BLEEKER #C-4 ASPEN/SNOWMASS INC ASPEN/SNOWMASS INC ASPEN, CO 81611 734 W MAIN ST 344 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN COHEN RICHARD A & ELIZABETH A COULTER G LYNNIE 130 S GALENA ST PO BOX 1806 PO BOX L3 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 DACOSTA MAUREEN C DAILY KIMBERLY DAWN DOYLE R & G 10% SEARIGHT P 30% PO BOX 1 814 W BLEEKER PL E2 DOYLE R T III 30% GRIST F 30% ASPEN, CO 81612 ASPEN, CO 81611 3711 EASTLEDGE DR AUSTIN, TX 78731 DRAKE LENIR EICHNER SAMUEL L EIDSON JOY REVOCABLE TRUST-1/2 100 N 8TH ST UNIT 26 EICHNER SUSANA STERN DE EIDSON ARVIN WAYNE REVOCABLE ASPEN, CO 81611-3152 FUENTE PIRAMIDES 243 TRUST-1/2 TECAMACHALCO MEXICO CITY, 53950 PO BOX 271 SULPHUR, OK 73086 FATTAHI AMENEH AS TRUSTEE FELDMAN BARBARA S & CHESTER FRANCIS TIMOTHY P & MARY VIRGINIA PO BOX 8080 PO BOX 8193 711 W BLEEKER ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 GELLER SCOTT GIBANS JONATHAN GLATMAN THEMIS ZAMBRZYCKI 29 BARKLEY CIR PO BOX 8098 GLATMAN BRUCE ROY FORT MYERS, FL 33907-7531 ASPEN, CO 81612 20034 CALVERT ST WOODLAND HILLS, CA 91367 GOLDSMITH ELLEN HADDON HAROLD A & BEVERLY J HAMLIN CONNIE E 719 W MAIN ST #101 409 21 ST ST 719 W MAIN - #102 ASPEN, CO 81611 DENVER, CO 80205 ASPEN, CO 81611 HANLE JEFFREY T HARPER JAMES R HEISLEY MICHAEL E 126 S 7TH ST 150 PALMETTO RD C/O LONG K J ASPEN, CO 81611 BELLEAIR, FL 33756 2004 DIANA DR MENDOTA, IL 61342 HINRICHS NANCY R HOGGATT JERRY S HOOK BRADLEY K & PAMELA D 100 N 8TH ST #2 175 14TH ST 782C NORTH KALAHEO ASPEN, CO 81611 - NEW ORLEANS, LA 70124 KAILUA, HI 96734�- HORSEY SUSAN H HUTCHESON RICHARD L JOHNSON JULIE A 815 W MAIN ST PO BOX 1969 719 W MAIN ST #207 ASPEN, CO 81611 WIMBERLEY, TX 78676-6869 ASPEN, CO 81611 KHALAF ALEXANDER R & FAHIMA KLEIN HERBERT S & MARSHA KUDISH DAVID J REVOCABLE TRUST 408 E HYMAN AVE 201 N MILL ST STE 201 1325 N ASTOR ST ASPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60610 KURTZ KENNETH T & KAREN LANDIS JAMES H LARNER JACQUELINE L BRAKUR CUSTOM CABINETRY 1501 MAROON CREEK #11 376 DAHLIA 18656 S RT 59 ASPEN, CO 81611 DENVER, CO 80220 SHOREWOOD, IL 60435 LARY LANCE R 1/2 LEPPLA JOHN L LICHTENWALTER GARY R 719 W MAIN ST #301 LEPPLA JOEN F 814 W BLEEKER UNIT B-1 ASPEN, CO 81611 4040 DAHL RD ASPEN, CO 81611 MOUND, MN 55364 LONG FAMILY INVESTMENTS LLLP LONG GEBHARD 22.73% LONG MONA HAYLES TRUST 0190 SAGE SWALE 1715 SOUTH BLVD BOX 3849 CARBONDALE, CO 81623 HOUSTON, TX 77098 ASPEN, CO 81612 LUU INVESTMENTS LLC LUU TONG KHON LYLE ALEXANDER T 435 E MAIN ST TRAN TUYET LE 719 W MAIN ST #204 ASPEN, CO 81611 814 WEST BLEEKER - B4 ASPEN, CO 81611 ASPEN, CO 81611 MAEWEST LLC MANGONE PARTNERSHIP LP MANIE MICHAEL B 1/2 PO BOX 3153 12687 W CEDAR DR #100 PO BOX 11373 ASPEN, CO 81612 LAKEWOOD, CO 80228 ASPEN, CO 81612 MARCUS ANN H MARTINEAU DANIEL J & AMY N S MATTHEWS DEE R 1780 JUNIPER HILL RD PO BOX 12357 5137 52ND ST NW ASPEN, CO 81611 ASPEN, CO 81612 WASHINGTON, DC 20016 MAWICKE FREDERICK H MCBAY WILBUR & SHARON MINNESOTA MATERNAL FETEL MEDICINE 719 W MAIN #205 17123 CHESTERBROOK VALE CT 211E DWIGHT LN ASPEN, CO 81611 MCLEAN, VA 22101 MINNETONKA, MN 55305 MITTON JOSEPH & PATRICIA 1/2 INT MORRISON SUSAN M REV TRST MURRY PAUL J FRANKLE DAVID 1/2 INT 3093 FORT CHARLES DR MURRY BONITA J 1015 VOLTZ RD NAPLES, FL 34102-7920 814 W BLEEKER ST C-5 NORTHBROOK, IL 60062-4722 ASPEN, CO 8161t- NEVINS ROBERT M & WENDY S OVERTON PATRICIA J P B HOLDINGS LLC PO BOX 11482 PO BOX 3075 725 W BLEEKER ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 PARFET DONALD R & ANNE V PARIS JOHN HERNANDO POLSE KENNETH A & JOYCE L REVOC 11000 RIDGEWOOD LN 2222 SANTA MONICA BLVD 1992 TST RICHLAND, MI 49083 SANTA MONICA, CA 90404-2307 452 SCENIC AVE PIEDMONT, CA 94611 REED BRENT H RICCIARDI RIK RK ASPEN LLC 100 N 8TH ST #6 100 N 8TH ST #14 4411 W ROOSEVELT ASPEN, CO 81611-1124 ASPEN, CO 81611 PHOENIX, AZ 85043 SCHAFFER WILLIAM H SHADDOCK CARROLL & DORTHEA SHERIDAN DAVID R II 1/2 814 W BLEEKER ST #B6 SCHULZE 77.271715 SOUTH BLVD PO BOX 11373 ASPEN, CO 81611 HOUSTON, TX 77098 ASPEN, CO 81612 SHEROD ALEC C & ELIZABETH S SIEGEL ELIZABETH N & NEIL B SIVART HLDGS LTD PTNR 616 E HYMAN AVE 4706 WARREN ST NW 21 BREEZY KNOLL ASPEN, CO 81611 WASHINGTON, DC 20016 AVON, CT 06001 STEINBERG EDWARD M STUHR WILLIAM J III TONER MARK K 1068 HOLLY ST PO BOX 3808 719 W MAIN ST #103 DENVER, CO 80220 ASPEN, CO 81612 ASPEN, CO 81611 TOPELSON ALEJANDRO TRAN HONG HUONG TURCHIN WENDY & MARTIN 4725 S MONACO ST #330 814 W BLEEKER ST #C1 100 N EIGHTH ST #33 DENVER, CO 80237-3468 ASPEN, CO 81611 ASPEN, CO 81611 UHLER FRANCES M 814 W BLEEKER UNIT B2 ASPEN, CO 81611-3115 WHITFIELD DONNAMARIE C 732 W HOPKINS AVE #A3 ASPEN, CO 81611 WALTZ THOMAS A & NELL F 6075 LA JOLLA SCENIC DR LA JOLLA, CA 92037 ZIEGLER JUSTIN C 719 W MAIN ST #202 ASPEN, CO 81611 WEISS CLIFFORD & STACEY 100 N 8TH ST VILLA #36 ASPEN, CO 81611 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on suc 4* The foregoing "Affidavit of Notice" was acknowledged before me this �5 day of ,200Z,by Ki21_ST/N��M12CIE WITNESS MY HAND AND OFFICIAL SEAL commission expires: Notary Public �`Q .•' •:9r'; NOTARV:�c� -�....� : A �°UBLIC 'O ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL i ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: v�Aspen'Co SCHEDULED PUBLIC HEARING DATE: 5/��- , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, _� C4 1; I /' i 0 C/. _( (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 1200 _, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) it Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignature The foregoing "Affidavit of Notice" was acknowledged before me t4is day of f-J,::;� , 200__-�, by 15 PUBLIC NOTICE RE: PARCEL 1 AND PARCEL 2 OF THE BAVARIAN INN SUBDIVISION/PUD FOR kN AMENDMENT TO THE APPROVED PUD PLAN NOTICE IS HEREBY GIVEN that a public hear- ing will be held on Tuesday, December 3, 2002, at a meeting to begin at 4:30 p.m, before the Aspen Planning and Zoning Commission, Sister Cities Room. 130 S. Galena Street, to consider an appli- cation submitted by Four Peaks Development, LLC on behalf of the owner, Bavarian Affordable Housing, LLC, requesting approval of a PUD Amendment to the approved Bavarian Inn Subdi- vision/PUD. The request is for revisions to the ar- chitecture of the structures. The properties are located between 7th Street and 8th Street and West Bleeker and Main Streets. For further infor- mation, contact Joyce A. Ohison at the City of As- pen Community Development Department, 130 S. Galena St., Aspen. CO (970) 920-5062, )Oyceo@cl.aspen.co.uf,. S/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen ies on November 16, 2002.(9666) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN �r S,' ,H C� �vi \, : OO mat._ � C LOP LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL VANN ASSOCIATES, LLC Planning Consultants November 12, 2002 HAND DELIVERED Ms. Joyce Ohlson, Deputy Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Planned Unit Development Amendment, Bavarian Inn Subdivision/PUD Dear Joyce: Please consider this letter an application to amend the final PUD development plan approval for the Bavarian Inn Subdivision/PUD (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445. 100. B. of the City's Land Use Regulations by Four Peaks Develop- ment, LLC (hereinafter "Applicant") on behalf of the property owner, Bavarian Affordable Housing, LLC (see Exhibit 2, Title Policy). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. A list of adjacent property owners is attached as Exhibit 4. Please note that the Applicant paid an application fee in the amount of $2,240.00 on April 18, 2002 for a prior PUD amendment application for the Bavarian Inn afford- able housing project (see Exhibit 5). As you may remember, that application request- ed approval to demolish the Bavarian Inn and to redesign unit N2 in the so-called Bleeker Street duplex structure. The application, however, was withdrawn prior to review by the Planning and Zoning Commission. Inasmuch as the Community Development Department still has the Applicant's $2,240.00 deposit, we would appreciate it if you would credit the fee to this application. Background The Bavarian Inn Subdivision/PUD received final PUD development plan approval (and all associated review approvals except condominiumization) from the City Council on July 23, 2001 (see Exhibit 6, Ordinance No. 21). The project's final PUD development plan, final subdivision plat, architectural and engineering drawings, and subdivision/PUD agreement were recorded with the Pitkin County Clerk and Recorder on November 4, 2002. 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-931cRECEIVED NOV 14 2002 ASPEN BUILDING DEPARTMENT Ms. Joyce Ohlson November 12, 2002 Page 2 A building permit has been issued for Phase I of the project which consists of the so- called Main Street and Eighth Street buildings and construction of these two structures has commenced. The Phase I buildings are located on Parcel 2 of the project site. Parcel 1 contains the existing Bavarian Inn and the proposed Bleeker Street building. A building permit application is presently being prepared for these two structures which are referred to as the Phase II project. Proposed Amendment As we discussed last week, the Applicant would like to revised the exterior architec- ture of the Main Street, Eight Street and Bleeker Street buildings. No changes to the buildings' floor plans, massing, roof configurations or height are proposed. As the drawings which were delivered to you by the current project architect, John Galam- bos, illustrate, the proposed changes are limited to building materials and various architectural details (e.g., fenestration, etc.) and are intended to give the project a heightened sense of design and a more visually attractive appearance. More specifically, the exterior elevations of the three buildings have been redesigned to unify the somewhat confusing patchwork of finishes that was approved in connec- tion with the Applicant's final PUD application. As approved, the elevations contain four different exterior building materials (i.e., horizontal wood siding, vertical wood siding, stucco and shingled siding) with weak transitions between the various materi- als. The revised elevations unify the buildings' design by limiting the exterior finishes to stucco, vertical siding with wood accent banding, and a corrugated metal wainscot. The proposed metal wainscot will give the buildings a visual base and provide a maintenance free material at the bottom of the walls. The original design of the buildings' elevations does not have a definite design language and lacks a sense of continuity among the various finishes and in the orienta- tion and choice of the fenestration's header heights. In contrast, the revised design utilizes horizontal banding elements that are harmonious with the buildings' flat roofs and which ground the buildings to the site. In addition, a continuous header height has been incorporated in the buildings' fenestration and the revised finishes now follow a logical and rhythmic pattern. Review Requirements Section 26.445.100 of the Regulations provides the ability to amend a previously approved PUD development plan. The required approval process is a function of the nature and extent of the proposed amendment. Pursuant to Section 26.445.100.B., an amendment which is found to be consistent with or an enhancement of an approved Ms. Joyce Ohlson November 12, 2002 Page 3 final PUD development plan by the Community Development Director, but which does not meet the requirements for an insubstantial amendment, may be approved by the Planning and Zoning Commission at a public hearing. As the Regulations contain no itemized review criteria, the P&Z need only determine that the proposed amend- ment is either consistent with or an enhancement of the final PUD development approval. In our opinion, the proposed amendment complies with both of these standards. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANffASSOCIIES, LLC ann, AICP SVVwv Attachments cc: Scott Writer c: \oldc\bus\city. . app\app42401. am2 'ITY OF ASPEN EXHIBIT 1 PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Joyce Allgaier Ohlson, 920-5062 DATE: 11/11/02 PROJECT: Bavarian Inn PUD Amendment (for architectural changes) REPRESENTATIVE: Sunny Vann (Vann Associates) 925-6958 OWNER: Bavarian Inn Affordable Housing LLC DESCRIPTION: Amendment to PUD approval (Proposal is to amend the architecture of the Parcel 1 duplex, and of all structures on Parcel 2) Land Use Code Section(s) 26.445.100(B) Amendment of PUD Development Order Review by: Staff for completeness; P&Z for Final Plan Amendment Public Hearing: Yes (P&Z), Applicant must post property and mail notice at least 15 days prior to hearing. Community Development Dept. shall publish notice in paper of general circulation at least 15 days prior to hearings. Applicant will need to provide proof ofposting and mailing with an affidavit at the public hearing. Referral Agencies: Housing, Zoning, and Building Dept. Planning Fees: Planning Fee Deposit ($1,205) Billing rate is $205 for additional hours. Referral Agen. Fees: none Total Deposit: $1,205.00 To apply, submit the following information: (Digital version of any text submittals must be provided.) 1. Proof of ownership. Letter of authorization from Property owner to representative. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 12 Copies of the complete application packet and maps. (PZ=7; Referral Agencies = 11; Planning Staff = 2) 7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Include existing conditions as well as proposed. 9. List of adjacent property owners within 300' for public hearing. The GIS Department can provide this list on mailing labels for a small fee. 920.5453 10. Copies of applicable prior approvals. 11. Any other submittals as required by the Land Use Code. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. C O ro 'O — ro c ro �c_� O �' c C m m U fC6 a m >. ro U En a3 o o ro omm mmm = L Y ro J �� O_ CL a) CD — Z 2 a may= co ro` �0E E 2 co cC E m ro c o C U O L 7— p T O U.. 0 0 0 p Cl > m ro m O O O d _� ro O m p rocr a T ❑ U Ca Q. >,3p U d >= ro pO,>, >' L O m a cl:m ro c LJ 3 O O C O -0 m> O 0 cp 'O U Evi>c ` V O m Om t>6 'O Lm� CD a)c`c O m y a 7 m y L y 7 m O > 7 y 7 ,-EXHIBIT 2 W r CD to c '� E �d cc • o a 0 o N m C, N _LU A 1 O � co E CL C Z u> l 1uo O W E W CC LL f-� O F- CA 00 0 COZ3 rl O o o- u Cos 11 Z z a Z ! SCHEDULE A -OWNER'S P( :Y CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT15602-8 January 12, 2001 @ 10:07 AM $2,000,000.00 A75-0259625 1. NAME OF INSURED: BAVARIAN AFFORDABLE HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: BAVARIAN AFFORDABLE HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS D, E, F. G, H, 1, K, L, M, N,O AND P, BLOCK 12, CITY AND TOWNSITE OF ASPEN Pn-mN COL-,q Y T=, INC- 601 E. HOPKINS AVE. ASPEN, COLORADO 91611 (970) 925-1766/ (970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT15602-B January 12, 2001 @ 10:07 AM A75-0259625 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2001 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 115, Book 59 at Page 339 and Book 59 at Page 510 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Mineral rights as reserved in Deeds recorded July 30, 1892 in Book 73 at Page 259, August 9, 1892 in Book 73 at Page 270, November 10, 1893 in Book 73 at Page 492, February 26, 1902 in Book 85 at Page 411, February 26, 1902 in Book 85 at Page 412, October 7, 1901 in Book 119 at Page 443 and in Book 182 at Page 447. 9. Easement granted to the City of Aspen recorded December 11, 1986 in Book 524 at Page 929. 10. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. _, Series of September 3, 1997 by City of Aspen recorded September 3, 1997 as Reception No. 407979. 11. Terms, conditions, provisions and obligations as set forth in Revocable License Agreement recorded November 20, 2000 as Reception No. 448997. 12. Encroachments and all matters as disclosed by Survey of Schmueser, Gordon, Meyer dated June 2000 as Job No. 980948. EXCEPTIONS NUMBERED 1, 2, 3 and 4 ARE HEREBY OMITTED. EXHIBIT 3 April 12, 2002 HAND DELIVERED Ms. Joyce Ohlson, Deputy Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Ohlson: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent Four Peaks Development, LLC in the processing of our application to amend the final PUD development plan approval for the Bavarian Inn Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, FOUR PEAKS DEVELOPMENT, LLC Scott Writer, Partner SV:cwv c: \bus\city.1tr\1tr42401, jo 1 EXHIBIT 4 115 W MAIN LLC ANDERSON JULIE K ANDREWS JUDY D 715 W MAIN ST STE #201 PO BOX 5153 1043 HIGHLANDER DR ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 SEASIDE, CA 93955-6231 �NZALONE GRACE E ASPEN SQUARE CONDOMINIUM ASSOC BEAVERS JASON L 1/2 'O BOX 3808 617 E COOPER AVE 719 W MAIN ST #301 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 3ERGER BRUCE NICOLAS BODURTHA SUSAN M BOSSART TODD L 'O BOX 482 719 W MAIN ST #206 814 W BLEEKER ST #E4 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 3REIDENBACH WARREN C BRINKMEYER THOMAS K BROWN ALBERT L JR QPRT �4 WOLF PEN LN = - PO BOX 9022 1767 E MCMILLAN_ ST DROSPECT, KY 40059 ASPEN, CO 81612 CINCINNATI, OH-15206 BRUFF SHERLYNNE GUEST BRUNT FAMILY LP BURNS JULIE N 100 N 8TH ST #30 PO BOX 304937 719 W MAIN ST #203 ASPEN, CO 81611 107-9B ESTATE CONTACT ASPEN, CO 81611 ST THOMAS, VI 00803 BUTLER MARIE CHRISTIAN SCIENCE SOCIETY CHRISTIAN SCIENCE SOCIETY 814 W BLEEKER #C-4 ASPEN/SNOWMASS INC ASPEN/SNOWMASS INC ASPEN, CO 81611 734 W MAIN ST 344 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN COHEN RICHARD A & ELIZABETH A COULTER G LYNNIE 130 S GALENA ST PO BOX 1806 PO BOX L3 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 DACOSTA MAUREEN C DAILY KIMBERLY DAWN DOYLE R & G 10% SEARIGHT P 30% PO BOX 1 814 W BLEEKER PL E2 DOYLE R T III 30% GRIST F 30% ASPEN, CO 81612 ASPEN, CO 81611 3711 EASTLEDGE DR AUSTIN, TX 78731 DRAKE LENIR EICHNER SAMUEL L EIDSON JOY REVOCABLE TRUST-1/2 100 N 8TH ST UNIT 26 EICHNER SUSANA STERN DE EIDSON ARVIN WAYNE REVOCABLE ASPEN, CO 81611-3152 FUENTE PIRAMIDES 243 TRUST-1/2 TECAMACHALCO MEXICO CITY, 53950 PO BOX 271 SULPHUR, OK 73086 FATTAHI AMENEH AS TRUSTEE FELDMAN BARBARA S & CHESTER FRANCIS TIMOTHY P & MARY VIRGINIA PO BOX 8080 PO BOX 8193 711 W BLEEKER ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 ,ELLER SCOTT GIBANS JONATHAN GLATMAN THEMIS ZAMBRZYCKI 9 BARKLEY CIR PO BOX 8098 GLATMAN BRUCE ROY ORT MYERS, FL 33907-7531 ASPEN, CO 81612 20034 CALVERT ST WOODLAND HILLS, CA 91367 'OLDSMITH ELLEN HADDON HAROLD A & BEVERLY J HAMLIN CONNIE E 19 W MAIN ST #101 409 21ST ST 719 W MAIN - #102 ASPEN, CO 81611 DENVER, CO 80205 ASPEN, CO 81611 IANLE JEFFREY T HARPER JAMES R HEISLEY MICHAEL E 26 S 7TH ST 150 PALMETTO RD C/O LONG K J kSPEN, CO 81611 BELLEAIR, FL 33756 2004 DIANA DR MENDOTA, IL 61342 iINRICHS NANCY R HOGGATT JERRY S HOOK BRADLEY K & PAMELA D 00 N 8TH ST #2 = 175 14TH ST 782C NORTH KALAHEO ASPEN, CO 81611 - NEW ORLEANS, LA 70124 KAILUA, HI 96734�-' iORSEY SUSAN H HUTCHESON RICHARD L JOHNSON JULIE A 05 W MAIN ST PO BOX 1969 719 W MAIN ST #207 ASPEN, CO 81611 WIMBERLEY, TX 78676-6869 ASPEN, CO 81611 CHALAF ALEXANDER R & FAHIMA KLEIN HERBERT S & MARSHA KUDISH DAVID J REVOCABLE TRUST t08 E HYMAN AVE 201 N MILL ST STE 201 1325 N ASTOR ST \SPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60610 (URTZ KENNETH T & KAREN LANDIS JAMES H LARNER JACQUELINE L 3RAKUR CUSTOM CABINETRY 1501 MAROON CREEK #11 376 DAHLIA 18656 S RT 59 ASPEN, CO 81611 DENVER, CO 80220 3HOREWOOD, IL 60435 ARY LANCE R 1/2 LEPPLA JOHN L LICHTENWALTER GARY R 119 W MAIN ST #301 LEPPLA JOEN F 814 W BLEEKER UNIT B-1 \SPEN, CO 81611 4040 DAHL RD ASPEN, CO 81611 MOUND, MN 55364 _ONG FAMILY INVESTMENTS LLLP LONG GEBHARD 22.73% LONG MONA HAYLES TRUST )190 SAGE SWALE 1715 SOUTH BLVD BOX 3849 'ARBONDALE, CO 81623 HOUSTON, TX 77098 ASPEN, CO 81612 _UU INVESTMENTS LLC LUU TONG KHON LYLE ALEXANDER T 335 E MAIN ST TRAN TUYET LE 719 W MAIN ST #204 5,SPEN, CO 81611 814 WEST BLEEKER - B4 ASPEN, CO 81611 ASPEN. CO 81611 MAEWEST LLC MANGONE PARTNERSHIP LP MANIE MICHAEL B 1/2 PO BOX 3153 12687 W CEDAR DR #100 PO BOX 11373 ASPEN, CO 81612 LAKEWOOD, CO 80228 ASPEN, CO 81612 MARCUS ANN H MARTINEAU DANIEL J & AMY N S MATTHEWS DEE R 1780 JUNIPER HILL RD PO BOX 12357 5137 52ND ST NW ASPEN, CO 81611 ASPEN, CO 81612 WASHINGTON, DC 20016 MAWICKE FREDERICK H MCBAY WILBUR & SHARON MINNESOTA MATERNAL 719 W MAIN #205 17123 CHESTERBROOK VALE CT FETEL MEDICINE ASPEN, CO 81611 MCLEAN, VA 22101 2115 DWIGHT LN MINNETONKA, MN 55305 MITTON JOSEPH & PATRICIA 1/2 INT MORRISON SUSAN M REV TRST MURRY PAUL J FRANKLE DAVID 1/2 INT 3093 FORT CHARLES DR MURRY BONITA J 1015 VOLTZ RD - 814 W BLEEKER STC-5 NORTHBROOK, IL 60062-4722 - NAPLES, FL 34102 7920 ASPEN, CO 81611 NEVINS ROBERT M & WENDY S OVERTON PATRICIA J P B HOLDINGS LLC PO BOX 11482 PO BOX 3075 725 W BLEEKER ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 PARFET DONALD R & ANNE V PARIS JOHN HERNANDO POLSE KENNETH A & JOYCE L REVOC 11000 RIDGEWOOD LN 2222 SANTA MONICA BLVD 1992 TST RICHLAND, MI 49083 SANTA MONICA, CA 90404-2307 452 SCENIC AVE PIEDMONT, CA 94611 REED BRENT H RICCIARDI RIK RK ASPEN LLC 100 N 8TH ST #6 100 N 8TH ST #14 4411 W ROOSEVELT ASPEN, CO 81611-1124 ASPEN, CO 81611 PHOENIX, AZ 85043 SCHAFFER WILLIAM H SHADDOCK CARROLL & DORTHEA SHERIDAN DAVID R II 1/2 814 W BLEEKER ST #6SCHULZE 77.276 1715 SOUTH BLVD PO BOX 11373 ASPEN, CO 81611 ASPEN, CO 81612 HOUSTON, TX 77098 SHEROD ALEC C & ELIZABETH S SIEGEL ELIZABETH N & NEIL B SIVART HLDGS LTD PTNR 616 E HYMAN AVE 4706 WARREN ST NW 21 BREEZY KNOLL ASPEN, CO 81611 WASHINGTON, DC 20016 AVON, CT 06001 STEINBERG EDWARD M STUHR WILLIAM J III TONER MARK K 1068 HOLLY ST PO BOX 3808 719 W MAIN ST #103 DENVER, CO 80220 ASPEN, CO 81612 ASPEN, CO 81611 'OPELSON ALEJANDRO TRAN HONG HUONG TURCHIN WENDY & MARTIN 725 S MONACO ST #330 814 W BLEEKER ST #C1 100 N EIGHTH ST #33 )ENVER, CO 80237-3468 ASPEN, CO 81611 ASPEN, CO 81611 1HLER FRANCES M �14 W BLEEKER )NIT B2 ASPEN, CO 81611-3115 VHITFIELD DONNAMARIE C '32 W HOPKINS AVE #A3 ASPEN, CO 81611 WALTZ THOMAS A & NELL F 6075 LA JOLLA SCENIC DR LA JOLLA, CA 92037 ZIEGLER JUSTIN C 719 W MAIN ST #202 ASPEN, CO 81611 WEISS CLIFFORD & STACEY 100 N 8TH ST VILLA #36 ASPEN, CO 81611 OMMUNITY DEVELOPMENT DEP. M1ENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: //z` 0 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 3 S� 4 1205 Environmental Health 3SG• 1190 Housing �J�©• Building Fees: 107i Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1 165 Remp Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. TOTAL // , Z� NAME : ,r`�S' y� ADDRESS/PROJECT: Q-t'�� �n.•� Puo PHONEA-:;t '3-( LL( CHECK# L�7 CASE/PERMIT#: # OF COPIES: DATE q—(- - INITIAL: GS EXHIBIT 5 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Joyce Ohlson, Deputy Director RE: Bavarian Inn Affordable Housing Subdivsion/PUD Insubstantial Amendment - Public Hearing DATE: May 28, 2002 APPLICANT /OWNER: Four Peaks Development, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 835 West Main Street, Parcel 2 of the Bavarian Inn Subdivision/PUD and Parcel 1, including only the duplex, not the Bavarian Inn. CURRENT ZONING: Residential/Multi-Family with a Planned Unit Development Overlay (RMF/PUD) PROPOSED LAND USE REQUEST: Modification of the architecture for the townhomes and duplex. SUMMARY: The applicant wishes to obtain an insubstantial amendment to the Bavarian Inn Affordable Housing Development Planned Unit Development (PUD) in order to change the architecture of the structures on Parcel 2 and only the duplex structure on Parcel 1. REVIEW PROCEDURE An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. In the case of the Bavarian Inn AH PUD, the amendment can not be handled administratively because of Item #9 of the PUD Insubstantial Amendment criterion, which states, "Any change ... which is inconsistent with a representation of the project's original approval". The representation made at the time of final approval proposed different architecture, enough to invoke the provisions of the land use code requiring this to be handled by the Planning and Zoning Commission. The Commissions action shall be considered the final, unless the decision is appealed to City Council. STAFF COMMENTS: The applicant, Four Peaks Development LLC, represented by Vann Associates, requests an amendment to the Bavarian Inn Affordable Housing Planned Unit Development (PUD) in order to change the architecture of the townhomes on Parcel 2 and of the duplex on Parcel 1. The application does not propose changes to the floor plans, massing, roof configurations or heights. The site plan layout is not changed either. At the original review of the Bavarian project, height, locational siting of the structures and roof design were important to achieving neighborhood compatibility. In order to formalize the dimensional standards that the Commission determined appropriate in the course of several public hearings regarding the original PUD, the following condition was adopted. "The dimensional requirements of the PUD shall not be in excess of the Residential/Multi- Family Zone District's dimensional requirements and are established as specifically put forth in the application. The Residential Design Standards of the City are found to be met through the PUD process and no additional approval is required... • A 2-foot and 4-foot variance in the required 10 foot front yard setback of the proposed Main Street and Eighth Street multi family structures, respectively, on Parcel 2. • A 2-foot variance in the 5-foot side yard setback on the west side of the proposed multi - .family structure along Eighth Street on Parcel 2. • All buildings will have flat roofs. • The NIIN2 and Sl -SS building complexes will be limited to twenty (20) feet in height measured to the top of the roof. (Note Nl/N2 refers to the duplex behind the Inn, SI-SS refers to the townhomes on Main St.) • The W2-W5 building complex will be limited to twenty-five (25) feet in height measured to the top of the roof. " (Note-W2-WS refers to the townhomes on 8`h St.) Staff finds that the layout, siting, height and roof type is not changed by amendments to the architecture. The above -noted conditions must still be and appear to be met in both the site plan and elevation drawings of the application. (The more specific construction drawings submitted at the time building permit issuance will be reviewed and must be in conformance with these conditions.) However, this condition is restated in the proposed resolution to confirm that no changes can be made to these building parameters. The architectural changes do not affect the projects conformance with the residential design standards. Those are also met as they were in the original proposal. The proposed design is more definitive and interesting, but not overly fussy with multiple material types. The overall quality of the project appears improved by these changes as well. There are more horizontal members proposed as part of the new architecture, including both a heavier beltcourse and the cornice. These tend to pull the project together and make the visual statement of the architecture much more cohesive. Overall, Staff feels that the revised architecture represents and improvement over the original designs. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the proposed amendments to the Bavarian Inn Affordable Housing PUD with conditions. Staff recommends the following conditions be applied to the approval of this application. 1. Within 60 days of this approval the applicant shall file revised Bavarian Inn PUD plans reflecting this amendment. 2. The dimensional requirements of the PUD shall not be in excess of the Residential/Multi-Family Zone District's dimensional requirements and are established as specifically put forth in the application. The Residential Design Standards of the City are found to be met through the PUD process and no additional approval is required. a) All buildings will have flat roofs. b) The N1/N2 and S1-S5 building complexes will be limited to twenty (20) feet in height measured to the top of the roof. c) The W2-W5 building complex will be limited to twenty-five (25) feet in height measured to the top of the roof. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.13, Series of 2002, approving the proposed insubstantial amendment to the Bavarian Inn Affordable Housing Planned Unit Development (PUD) for the purpose of allowing a change in the architecture of those structures on Parcel 2 and the duplex on Parcel 1. ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Resolution Exhibit C -- Development Application EXHIBIT A BAVARIAN INN PUD INSUBSTANTIAL AMENDMENT REVIEW CRITERIA & STAFF FINDINGS A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds that the proposed PUD Amendment is consistent with the AACP. The proposed amendment pays more attention to the architectural features and improves the project, creates a higher quality appearance and appears to be more compatible with the neighborhood. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The existing dimensional standards as approved in the final Bavarian Inn PUD plan will not be varied as a part of this PUD amendment. Staff finds that the proposed amendment hinders traffic and pedestrian circulation by Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff finds this criterion to be met by virtue of an improved architectural scheme for the project. The addition of new architectural features, yet removal of the diversity of the building materials as originally approved, improves the appearance of the project. Massing, scale and open space are not altered through this application. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposer! c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. (1) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if. a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. 2 b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and S, above, those areas can be avoided, or those characteristics mitigated! c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. S. Adequate pedestrian and handicapped access is provided 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well -designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 4 3. The proposed method of protecting existing vegetations and other landscape features is appropriate. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less -intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate- manner that does not require significant maintenance. Staff Finding Staff finds that the proposed amendment does not change the overall architectural character of the development from that which was originally approved. Massing, scale, layout and height are not changed through this amendment. However, staff does feel that the amendment improves the architecture through the use of new architectural elements added to the scheme and the minimization of multiple building materials. The amendment achieves a more definitive and cohesive architectural character to the whole project. Standards 2 and 3, above are not affected by this amendment. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The applicant must meet the outdoor lighting requirements set forth in the City of Aspen Lighting Ordinance if the proposed amendment is approved. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 3. The proposed amount, location, and design of the common park, open space, or recreation area entrances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 4. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 5. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur all unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 6 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. L Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. S. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 7 J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in - lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. m' �= Q u _m N <0_ 00 OWO n00 < C9 < 0 ' 00 ' N3dS`d a 83N33-19 IGV3 109 and / NOISIAIa9f1S NNI NVIHVAV9 )Nla-ilfl9 H-WON pColm"ll �N N� z _ o N U Q Qf DUV J = O W man Q� am 8 0 '00 'N3dSV 83�G3-19 ISV3 I OB cind / NOISVVC79f1S NNI NVIHVAV9 ONla-ilfl9 HIHON o q c 4'_, q! • ;*I am 8 N 0 C p� Tt- V . IL I FA I 0 Z s �z W I W 0 U) z C) U) W 0 J Q z C� o