HomeMy WebLinkAboutagenda.apz.19981013AGENDA
GROWTH MANAGEMENT COMMISSION
SPECIAL MEETING
TUESDAY OCTOBER 13,1998, 4:30 PM
PITKIN COUNTY LIBRARY MEETING ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. PUBLIC HEARING
4:45-5:15 A. Tipple Lodge x c H
IV. WORK SESSION
5:15-6:oo A. Aspen/Glenwood Springs CIS, Roger Millar from OTAKp�jT�
V. ADJOURN
11
CITY AGENDAS
10/6 City Planning & Zoning (4:30)
City Notice 9/15
Code Amendment, HPC Review Standards, Public Hearing (AG)
P&Z Survey of Staff Effectiveness
126 Park Avenue, Conditional Use for an ADU & Residential Design, Public Hearing (CB)
Code Amendment, Security Company Signage, Public Hearing (MH)
Code Amendment, Definitions for SCI Uses, Public Hearing (CB)
735 W. Bleeker, Conditional Use for-1 Detached Units on 6,000 sq. ft. Lot, Special Review,
Landmark, Public Hearing (AG)
10/8 DRAC (4:00)
Silverlode, Lot 2 (Nevin/Dean), (AG)
10/13 City Council (5:00)
City Notice 9/22
Meadows SPA Amendment (Music Tent), 2d Reading Public Hearing (CB)
927 W. Hallam, Annexation (CB)
10/13 City Planning & Zoning (4:30) Library
City Notice 9/22
GMC, Joint Meeting with County Planning & Zoning
Tipple Lodge, GMQS Exemption, Public Hearing (MH)
Aspen/Glenwood Spring CIS, Work Session
10/14 HPC (5:00)
City tiolice
514 N. 3rd St., Variance, Public Hearing (AG)
Uriah Heeps space, Minor (AG)
920 E. Hyman, Partial Demo (AG)
735 W. Bleeker
10/20 City Planning & Zoning (4:30)
City Notice 9/29
7th & Main AH Work Session (BN)
Marcus Stream Margin Review, 610 Riverside Avenue (CB)
Code Amendment, LP Zone Special Review, Public Hearing (CB)
240 Lake Avenue, Hallam Lake, Special Review (JAW)
Smuggler Hunter Trust Subdivision and Rezoning, Public Hearing (CB)
10/26 City Council (5:00)
City Notice 10/6
Code Amendment, HPC Review Process, 1 st Reading (AG)
Amendments to the Tipple Lodge Subdivision Exemption Agreement, 2d Reading Public
Hearing (MH)
735 W. B leeker, Landmark ,1st Reading, (AG)
Smuggler Hunter Trust Subdivision and Rezoning, 1 st Reading (CB)
10/28 HPC (5:00)
City Notice 10/6
7th & Main AH Work Session (BN)
520- E. Durant (D&E), Minor (AG)
AACP
117 N. 6th Street, Work Session
1113 City Planning & Zoning (4:30)
City Notice 10/13
Small Lodge Change -In -Use Applications Due (Lottery November 17 P&Z Meeting), (BN)
Truscott Place AH Work Session (BN)
1115 DRAC (4:00)
11/9 City Council (5:00)
City Notice 10/20
7th & Main AH Work Session (BN)
11/11 HPC (5:00)
Survey for Goals and Outcome Measures
11/12 BOA
11/17 City Planning .& Zoning (4:30)
City Notice 10/27
Small Lodge Change -In -Use Lottery (BN)
11/23 City Council (5:00)
City Notice 11/3
735 W. Bleeker, Landmark, 2d Reading Public Hearing (AG)
Truscott Place AH Work Session (BN)
Smuggler Hunter Trust, Subdivision & Rezoning, 2d Reading Public Hearing (CB)
11/25 HPC (5:00)
City Notice 11/3
12/1 City Planning & Zoning (4:30)
City Notice 11/10
2
USFS 8th Street AH Work Session (BN)
12/9 HPC (5:00)
City Notice 11 / 17
12/14 City Council (5:00)
'City Notice 12/14
USFS 8th Street AH Work Session (BN)
12/15 City Planning & Zoning (4:30)
City Notice 12/14
12/23 HPC (5:00)
City Notice 12/1
12/28 City Council (5:00)
City Notice 12/8
cc: P&Z Packet
Community Development Admin. Staff
City Attorney's Office
City Planning Staff
City Clerk's Office
g:/planning/aspen/agendas/comingup.doc/
10/05/98
3
OCT.12.1998 2:48PH WRIGHT & AUGER LLP F10.130 P.1
GARY A WRIGHT. P.C.
ALLEN H. AJOGEP- P.
GATAUNA QRUZ
ALM ADmrrrEn To
MMS AND L4PflAXA 13AR
WRIGHT & ADGER
L,AW PARTNtASHIP, LLP
P-al NaR-114 MIU- SM=, SME 106
ASPEN. COLOvU00 GiSii
ASPEN TBIJERHONE' 910Q15-502-95
6ASALY WUEPT40NEt 07"274000
FA=MILE; 070-02 5e"
Mitch Haas, PL-caner
Aspen Comw=4 Developm2nt Office
130 South Galena Street
Aspen, Coloirado 81611
11-960MM
OPCOUNSEL'.
�"HIUP J. O'CONNELL"
BRUCE n, MCLARIY
I am wrifing on behalf of my clieuts who own all the units at the Tipple Lodc ML
Condominiums. I am writing to request flmt one of the approvals applied fox by ray clieent
withdravm i
It is not my olient's wish, at &is time to add a kitchm to one of the e*dsting lodgexoom a4its
aud thus create a third residential unit. Consequently, we ask that the portion of the applicatiox
-y amend the
requesting the additiis kitobw be xith&axm and haon
that te pplication be such as to l
e)dsting Subdivision Exemption Agreamek to remove the restir ictioas for the rental Of *e� lodge
rooms. I have pmpared and enclosed a revised Exhibit "A" cowistent with the more limitd Tequest
CIA
I amsoxxy for any problms this may cause. Plme contadme ifYou have anY qk=tionS
pmblems.
M=
B y:
GAry A. Wright
Maty L Faullmer
encIosure
MEMORANDUM
TO: Growth Management Commission
THRU: Julie Ann Woods, Interim Community Development Director
FROM: Mitch Haas, Planner
RE: Tipple Lodge Change in Use GMQS Exemption Request, 530 South Galena
Street
DATE: October 13, 1998
SUMMARY: Pursuant to Section 26.88.070(B) (a/k/a Ordinance Number 53, Series of 1993),
the Tipple Lodge homeowners have requested that City Council amend their 1979 Subdivision
Exemption Agreement (hereinafter "Agreement"). The subject property currently contains
twelve (12) free-market, condominiumized units (two with kitchens and ten without kitchens;
the ten units without kitchens are restricted to short-term lodge rental only). The distinction
between units with and without kitchens is important since the presence of a kitchen (or lack
of) is the defining factor in whether the unit is a "dwelling." The Agreement placed the
following restrictions on the property:
(a) the ten lodge units shall be made available for short-term rental at market rates
and shall be registered with a central reservations entity in Pitkin County, Colorado;
and, (b) no kitchen shall be constructed in any of the lodge units without the owner
thereof having obtained a building permit therefor, it being specifically understood
that the Growth Management Plan (Article X of the Municipal Code) precludes the
issue of a building permit for such construction without the owner obtaining a
residential allocation within the terms of the Growth Management Plan; and, (c) the
lodge units shall have local management which may be d f"erent for different units.
The amendments for which City Council approval is requested would result in twelve (12) free
market condominium units (three with kitchens and nine without kitchens), remove all rental
restrictions, and provide the ability to combine a unit with a kitchen with an adjacent unit that
does not have a kitchen. Since the end result of the changes, if approved, would include a
total of three (3) residential dwelling units where there previously were two (2), a GMQS
Exemption is needed for the creation of one (1) new residence via a change in use (lodge to
residential). Thus, the Tipple Lodge is requesting a GMQS Exemption from the Growth
Management Commission pursuant to Section'26.100.050(B)(3)(a) of the Land Use Code
to allow the conversion of one condominium lodge room to one condominium studio
apartment. Without the GMQS Exemption, the proposed amendments to the Agreement
cannot be approved and the applicant would be required to compete for one (1) new residential
development allotment through the 1998 Metro Area Residential GMQS Competition.
Community Development Department staff recommends approval of the Tipple Lodge's
requested GMQS Exemption, with conditions.
APPLICANT: Mary I. Faulkner, John L. Faulkner, and John R. Faulkner, represented by
Gary A. Wright of Wright & Adger, LLP.
CURRENT ZONING: Lodge/Tourist Residential (L/TR)
LOCATION: 530 South Galena Street, Aspen.
CURRENT LAND USE: Twelve (12) free-market, condominiumized units (two with
kitchens and ten without kitchens; the ten units without kitchens are restricted to short-term
lodge rental only). The two units with kitchens are used for long-term residential purposes
(dwelling units).
PROPOSED LAND USE: Twelve free market condominium units, three (3) of which
would have kitchens, and nine (9) of which would be without kitchens. Therefore, the
proposed land use would include three unrestricted dwelling units and nine unrestricted
lodge rooms.
PROCEDURE: Since the proposed changes would result in a total of three (3) residential
dwelling units where there previously were two (2) studio apartments and ten (10) lodge rooms
--- the creation of one new residential unit --- the applicant has applied for a GMQS Exemption
pursuant to Section 26.100.050(B)(3)(a) of the Land Use Code. This requires obtaining the
approval of the Growth Management Commission (joint City and County Planning and Zoning
Commission) at a public hearing. After considering the request, the Growth Management
Commission shall approve, approve with conditions, or deny the application for exemption,
based on the application's compliance with all applicable standards. These standards are
outlined below in Staff Comments.
Although the application does not have to compete or be scored, if the exemption and,
therefore, the allotment are approved, it would still have to be deducted from the annual pool
of allotments. The proposal is within the allowable amounts for the year.
The amendment to the Subdivision Exemption Agreement is requested pursuant to Section
26.88.070(B)(4) (a/k/a Ordinance 53-93), which requires a properly noticed public hearing
before the City Council. If the GMQS Exemption is obtained (via GMC approval) and an
ordinance granting the proposed amendment is then approved (via Council approval), a revised
subdivision exemption agreement can then be prepared for signing/approval.
BACKGROUND: The above described Agreement was entered into when the owners of the
Tipple Lodge applied for condominium ization as an exemption from the definition of
"subdivision" set forth in the 1979 Municipal Code. The Tipple Lodge was the first lodge in
Aspen to request condom iniumization. The Recitations section of the Agreement explains that
Council placed the above -cited (p. 1 of this memo) restrictions on the Tipple Lodge for the
following reasons: "Concerned that the condominiumization might reduce the supply of short-
term housing in the L-2 zone district [now the L/TR zone] of the City of Aspen by virtue of
lodge condominium unit owners' use of the units as residences and/or withholding the lodge
units from the rental market, the City Council required, as a condition of its approval of the
exemption application, that the Owner enter into an agreement with the City restricting the use
of the subject property and the condominium units created therefrom."
Given the conditions in 1979, the Tipple Lodge owners agreed to the restrictions imposed by
the City inasmuch as they reflected the status quo and were quite reasonable. Since 1979,
conditions have changed considerably. For instance, since 1979 large hotels such as the St.
Regis (Ritz Carlton) and the Little Nell have been constructed, adding hundreds of rooms to the
tourist rental market, and countless multi -family buildings have condominiumized without
having to accept any restrictions on their use.
2
Also since 1979, the Lodge Preservation (LP) zone district was created whereby lodges were
provided with a simplified means of expanding or converting to purely residential use.
Similarly, Ordinance Number 29, Series of 1996 changed the City's definition of "lodge" to
include the following language: "... for the purpose of providing lodging facilities on a short
or long-term basis ... A lodge may include kitchens within individual rental units. " Thus, the
current Land Use Code allows for kitchens in lodge rooms, both short- and long-term use of
lodge rooms, and condominiumization without the imposition of restrictions. In fact, it is now
permissible for a lodge owner to install kitchens in rooms without being subject to any GMQS
review; they would need only to obtain building permits. Consequently, staff is not fully
convinced that, if the Agreement is amended as proposed, the Tipple Lodge needs a GMQS
Exemption for the proposed installation of a kitchen, but given the restrictions imposed through
the 1979 Agreement (specifically condition (b), as cited on page 1 of this memo), staff felt it
would be best to make sure all potentially applicable provisions are satisfactorily addressed.
Another relevant change in conditions since 1979 occurred in 1992, when the State legislature
adopted the Colorado Common Interest Ownership Act (CCIOA), which conflicted with
certain provisions of the Aspen Municipal Code governing the
subdivision/condominiumization approval process. In response, the City Council adopted
Ordinance Number 53, Series of 1993, repealing those portions of the "condominiumization"
section of the Land Use Code that required minimum lease deed restrictions and the payment
of affordable housing impact fees as a condition of approval for condominiumization. Section
9 of Ordinance 53-93 stated that the repealing of these requirements "shall be applied
retroactively to those condominiumization approvals granted in Ordinances 92-44, 92-69, 93-
26, 93-28, and 93-33." This Section goes on to state that, "At the applicants' request, the City
Council will remove the deed restrictions and refund the employee housing mitigation fees that
were required as a condition of the above cited condominiumization approvals." Having
reviewed each of these ordinances, staff is of the opinion that the intention was to include all
preexisting condominiumization approvals, but most likely left out the Tipple Lodge
inadvertently since it was condominiumized in 1979 (14 years prior) via Subdivision
Exemption Agreement (no Ordinance).
Given the changes to the City's condominiumization regulations, the adoption of the LP
program, and the revisions to the definition of "lodge," the Tipple Lodge Subdivision
Exemption Agreement is the equivalent of a "nonconforming agreement." That is, the
Agreement was consistent with regulations in affect at the time of its drafting and adoption, but
subsequent changes to the Land Use Code have made the provisions of the Agreement
inconsistent with today's regulations. The amendment proposed for City Council approval
would bring the Subdivision Exemption Agreement back into conformance with today's Land
Use Code regulations.
PREVIOUS ACTIONS: Please refer to the "Summary" and "Background" sections, above,
for a description of previous actions (code amendments) relevant to the applicants' request.
The proposed amendment to the Agreement has been approved by City Council on first
reading, and second reading is scheduled for October 26, 1998.
STAFF COMMENTS: Section 26.100.050 (13)(3) of the Municipal Code provides for
Growth Management Commission Exemptions from the scoring and competition procedures,
however, these exemptions are to be Deducted from the Pool of Annual Development
Allotments and from the Metro Area Development Ceilings. Subsection a.
(26.100.050(B)(3)(a)) states that the change in use of an existing structure between the
residential, commercial/office, and tourist accommodation categories for which a certificate
't�
of occupancy has been issued for at least two (2) years and which that is intended to be
reused, shall be exempt from the growth management competition and scoring procedures,
provided the following conditions are met:
1) The Growth Management Commission determines that a minimal number of
additional employees will be generated by the change in use and that employee
housing will be provided for the additional employees generated.
Staff Response: Staff finds that converting one condominiumized lodge room (without a
kitchen) to one condominiumized unit with a kitchen would not generate any additional
employees. Further, as the land use code has changed since the adoption of the Agreement,
it is now permissible for lodge owners to add kitchens to their lodge rooms without having to
mitigate or otherwise provide additional employee housing. The referral memorandum from
the Housing Office (attached as Exhibit "B") directly states that "this conversion would not
create any additional employees, therefore, no mitigation would be required."
2) The Growth Management Commission determines that a minimal amount of
additional parking spaces will be demanded by the change in use and that parking
will be provided.
Staff Response: The Off -Street Parking standards of the L/TR zone district require that 0.7
off-street spaces be provided per lodge room, and 1 space per studio or one -bedroom
dwelling unit. Under existing conditions, there are ten (10) lodge rooms requiring a total of
seven (7) off-street parking spaces, and two (2) studio apartments requiring a total of two (2)
off-street parking spaces; thus, the Land Use Code requires that the existing building have a
total of nine (9) off-street parking spaces.
The proposed conversion would contain nine (9) lodge rooms requiring a total of 6.3 off-
street parking spaces (9 x .7), and three (3) studio apartments requiring a total of three (3)
off-street parking spaces; thus, the Land Use Code would require that the proposed unit mix
in the building have a total of 9.3 off-street parking spaces. Therefore, the required amount
of off-street parking would increase by three -tenths (0.3) of a parking space.
Nevertheless, there are currently only eight (8) off-street parking spaces for the existing
twelve (12) condominium units. These eight spaces have, for the last twenty-seven years,
proven to be more than adequate, especially given the site's proximity to downtown, the ski
area, and Rubey Park. Since the standard requires that the GMC determine that a "minimal
amount of additional parking spaces will be demanded," staff recommends a finding that the
additional demand of 0.3 spaces, coupled with the history of parking on the site as well as its
location, is indeed "minimal" and does not necessitate the addition of new parking spaces.
3) The Growth Management Commission determines that there will be minimal visual
impact on the neighborhood from the change in use.
Staff Response: The proposed addition of a kitchen would have no visual impact on the
neighborhood as it would be completely internal to the structure.
4) The Growth Management Commission determines that a minimal demand will be
placed on the City's public facilities from the change in use.
Staff Response: The proposed addition of one kitchen will not affect the capacity of existing
public facilities. A tap permit would, however, be required.
4
S) No zone change is required.
Staff Response: No zone change is proposed as the applicants' request is consistent with the
provisions of the L/TR zone district.
6) No more than one residential unit will be created.
Staff Response: The applicant is proposing to create one residential unit, while eliminating
one lodge unit. To be consistent with the spirit of the GMQS and to ensure the continued
satisfaction of its intent and this regulation, staff is recommending the following condition of
the GMQS Exemption approval, if granted: "Any additional/subsequent requests for
conversions or change(s) in use from lodge to residential at the Tipple Lodge will be
reviewed and evaluated in terms of the cumulative impact of all conversions, including the
one being exempted from the GMQS scoring and competition procedures with this
approval."
7) The proposed use is consistent in all respects with the AACP.
Staff Response: Staff, finds the request for a GMQS Exemption to allow for the creation of
one dwelling unit at the Tipple Lodge via change in use from a lodge room to be consistent
with those portions of the AACP that are at all related to the said request. For instance, the
"Intent" of the Growth Action Plan is to "encourage land uses, businesses and events which
serve both the local community and tourist base." The Tipple Lodge represents a land
use/business that has served both the local community and tourist base since at least 1979,
and the requested change in this balance would be so negligible so as to have almost no
affect on its continued consistency with this "Intent." The size and location of the residential
unit that would be created is also consistent with the AACP's reoccurring theme of locating
resident housing near desired activity centers.
The only statement of the AACP that could be construed as being inconsistent with the
proposed change in use comes from the "Philosophy" of the "Commercial/Retail Action
Plan," where it says, "The community must find ways to maintain these small lodges and the
experience they offer to our guests." However, since the Tipple Lodge was not included in
the City's Lodge Preservation (LP) program, one might conclude that this statement was
never meant to apply to the Tipple Lodge. Thus, staff concludes that the applicants' request
is consistent with the letter and spirit of the Aspen Area Community Plan.
RECOMMENDATION: Staff has reviewed the Tipple Lodge application, found the
criteria for a change in use to have been met, and recommends approval with the following
conditions:
1. Any new utility connection points, meters, cabinets, and similar in the completed
project shall be accessible to service personnel, and shall not be obstructed by
garbage or recycling containers, other structures, or landscaping.
2. Prior to the issuance of a Certificate of Occupancy for the converted unit, the
emergency exiting patterns of the building's third floor shall be improved to the
satisfaction of the Fire Marshal.
3. The property owner(s) are required to join any future improvement districts formed
for the purpose of constructing public improvements which benefit the property
5
under an assessment formula. An agreement to do such shall be executed and
recorded prior to the issuance of a building permit.
4. Prior to issuance of any building permits, the applicant shall obtain any necessary tap
permits from the Aspen Consolidated Sanitation District and Water Department.
5. Any additional/subsequent requests for conversions or change(s) in use from lodge to
residential at the Tipple Lodge will be reviewed and evaluated in terms of the
cumulative impact of all conversions, including the one being exempted from the
GMQS scoring and competition procedures with this approval.
6. All material representations made by the applicant in the application and during public
meetings shall be adhered to and considered conditions of approval, unless otherwise
amended by an entity having the authority to do so.
RECOMMENDED MOTION: "I move to approve the change in use GMQS Exemption
requested in the Tipple Lodge Land Use Application (attached as Exhibit "A") with the
conditions recommended in the Staff memorandum dated October 13, 1998."
ATTACHMENTS:
Exhibit "A" - Application
Exhibit "B" - Agency referral comments
L
AUG `O ' SS 03 : 5 7PM ASPEN i0USING ; -)F!1
�Xf11B�7 •�g..
MEMORANDUM
TO Mitch Haas, oo`mmurIity DOveio
pment Department
FROM: C!ndy Christensen, Housing . officLa
DATE: August 20, 1998
RE' T'iPPle Lodge Insubstantial Amendment to Subd' '
Parcel 10 No. 27'37-182-73.072 n►,stoh F'lasctl�jreement
The applicant is Prroposing to convert one (� a room '
contain a kitchen. g Into a studio unit, which would
RACIMMM: A,ccordng to Section 26.100.050, B, 3(a , the G
Commission can grant an exemption it any additional need for } Management
conger ion would not create any additlor�al em io '�PIO s is being mitigated, This
P Yeesr therefore, t10 mrtigaton would be iequl'red.
Staff would agree that there would be no employee
this conversion.mitigation required on
�spen �orlso�o�Qfeo�c�anlfQflon �JIS�TICf
565 North (Mill Street
Aspen, Colorado 81611
Tele. (970) 925-3601 FAX #(970) 925-2537
Sy Kelly Chairman Michael Kellx,
Paul Smith • Treas. Frank Loushin
Louis Popish • Secy. Bruce tilatheriy, Mgr.
August 18, 1998-
Mitch Haas
Community Development
130 S. Galena
Aspen, CO 81611
Re: Tipple Lodge
Dear Mitch:
The Tipple Lodge development is currently served by our District. The addition of a full kitchen
to one condominimized lodge unit should have no adverse effect upon our ability to serve. The
additional total connection fees associated with the addition of a kitchen can be estimated once a
tap permit is completed at our office: We would request that a tap permit be required prior to the
issuance of a building permit.
As usual, service is contingent upon compliance with the District's rules, regulations, and
specifications which are on file at the District office.
Sincerely,
Bruce Matherly `
District Manager
EPA Awards of Excellence
1976 • 1986 - 1990
Regional and National
10 131 i : a ►11 1►�
To: Mitch Haas, Project Planner
Thru: Nick Adeh, City Engineer,-`/
1
From: Ross C. Soderstrom, Project Engineer
Date: September 3, 1998
Re: Tipple Lodge Insubstantial Amendment to Subdivision Plat & Agreement
Physical Address: 530 S. Galena Street, City of Aspen, CO
Legal Description: Lot 2, Tipple Woods Subdivision, City of Aspen, CO
[Sec. 18, T10S, R84W]
Parcel ID No.: xxxx-xxx-xx-xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
Summary: There were no substantive comments or recommendations to the application for this project;
however, the applicant will need to fulfill the standard requirements for the proposed modifications to the
building, and the Fire Marshall's recommended improvements to the emergency exiting patterns on the 3rd
floor of the building. In future applications, a current improvement survey should accompany the
application to fully assess the then existing conditions of the property and improvements (particularly
parking and drainage) with respect to the neighboring properties and the neighborhood in general since the
area has substantially changed and undergone re -development since this property was originally built and
then condominiumized.
1. Changes in Conditions: If the proposed use, density, or timing of construction of the
project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to
this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-
evaluation. The discussion and recommendations given in this memorandum apply to the application and
plans (received August 13, 1998) provided for this review and such comments and recommendations may
change in response to changes in the use, density, or timing of the construction of the project, or changes in
the site, grading, drainage, parking or utility designs.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
1 OF 2
DRCM2898.DOC
Memo: Tipple Lodge Insubstantial Amendment to a Subdivision Plat & Agreement
2. Utility Services, Trash and Recycling Areas:
The application materials do not indicate proposed utility service locations however, utility service
connection points, meters, cabinets, etc., need to be accessible to service personnel in the completed project
and not obstructed by garbage or recycling containers, other structures or landscaping.
The owner of the adjacent property to the north, Tippler Townhomes, has previously agreed in its approved
re -development plan to correct any utility conflicts encountered within its site which may relate to this
property (specifically service lines) during the re -development of the Tippler Townhomes.
3. Aspen Fire Protection District: Requests that the emergency exiting patterns on the third
floor of the building be improved.
4. Driveways & Parking Area: The property is presently under -served in having only eight (8)
parking spaces for the existing twelve (12) units (neither a site plan nor an Improvement Survey was
provided with the application). While the requested re -model of adding one (1) kitchen is insubstantial,
after the re -development of the Tippler Townhomes to the north, parking for this property may become
problematic since this property is partially served by intermittent shared parking in the Tippler parking lot
which is also the access to this property via an access easement.
5. Aspen Consolidated Sanitation District: The owner will need to comply with the normal
standards for additional services.
6. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
permit.
7. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920-5080) for design
of improvements, including landscaping and grading, within public rights -of -way;
Parks Department (920-5120) for vegetation species and placement, and irrigation
systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920-5090).
DRC Meeting Attendees:
Applicant: none
Staff & Referral Agencies: Mitch Haas, Ross Soderstrom, John Krueger,. Ed VanWalraven, David
Kasmer
2 OF 2
DRCM2898.DOC
PUBLIC NOTICE
RE: TIPPLE LODGE REQUEST FOR AN EXEMPTION FROM THE
SCORING AND COMPETITION PROCEDURES OF THE GROWTH
MANAGEMENT QUOTA SYSTEM (GMQS).
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October
13, 1998, at a meeting to begin at 4:30 p.m. before the Aspen/Pitkin County Growth
Management Commission, in the Pitkin County Library (basement meeting room), 120
N. Mill St., Aspen, to consider a land use application submitted by Mary, John L. and
John R. Faulkner, represented by Gary A. Wright of Wright & Adger, LLP., for an
exemption from the "scoring" and "competition" procedures of the Growth Management
Quota System (GMQS). The proposed project for which the exemption is requested
includes no exterior changes to the existing building or property, but asks for an interior
remodel that would result in the addition of one full kitchen to one condominiumized
lodge room. The exemption is needed because the addition of a kitchen would result in
the creation of one new dwelling unit, converted from lodge room status. The property is
located 530 South Galena Street and is legally described as Lot 2, Tipple Woods
Subdivision.
For further information, contact Mitch Haas at the Aspen/Pitkin Community
Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission/Growth Management Commission
Published in the Aspen Times on September 26, 1998
City of Aspen Account
g:\planning\aspen\notices\tipplgmc.doc
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LAND USE APPLICATION
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Name: __ Tipple Lodge Insubstantial krenbrn_nt
Location: Iot 2. Tipple Woods Subdivision. 530 South Galena Street
(Indicate street address, lot & block number, legal description where appropriate)
%PPUCANT: -
Name: Mary I. Faulkner, John L . Faulkner, , and John R. Faulkner
Address: 530 South Galena Street
Phone #: 970.925.3764
REPRESENTATIVE:
Name: Gary A. Wright for Wright & Adger,. LLP
Address: 201 North Mill Street, Suite 106; Aspen, Colorado 81611
Phone #: 970.925.5625
I TYPE OF APPLICATION: (please check all that apply):
Conditional Use
❑
Conceptual PUD
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Conceptual Historic Devt.
• Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
`MQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
,vIQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
®
Subdivision Exemption (includes
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Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
Lot Split
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Temporary Use
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Other:
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Lot Line Adjustment
❑
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
See Attachment A.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
See Attachment B.
Have you attached the following?
7 pre -Application Conference Summary
chment #l, Signed Fee Agreement
® 1.sponse to Attachment #2, Dimensional Requirements Form
[�q Response to Attachment #3, Minimum Submission Contents
® Response to Attachment #4, Specific Submission Contents
® Response to Attachment 95, Review Standards for Your Application
FEES DUE: S 630.00
Attachment A - Existing Conditions
Existing Conditions: Since 1967-1968 the property has been improved with one three story building
consisting of ten lodge rooms and two studio apartments. In 1979 the owners of obtained a
Subdivision Exemption Agreement from the City of Aspen to create twelve condominium units; two
residential studios and ten condominiumized lodge rooms.
Attachment B - Proposal
Proposal: The Applicants' requested amendment to the existing Subdivision Exemption Agreement
requires no exterior change in the existing building or structure. The modification requested to the
structure would be interior in the form of the addition of a full kitchen to one condominiumized
lodge room.
GATIPPLEUPP-ADD.001
THE TIPPLE LODGE
REQUEST FOR:
INSUBSTANTIAL AMENDMENT TO
SUBDIVISION EXEMPTION AGREEMENT
Subdivision Exemption Agreement Amendment
Code Section 26.88.070
All individual owners of the Tipple Lodge Condominiums
by: Gary A. Wright
Wright & Adger, LLP
201 North Mill Street, Suite 106
Aspen, Colorado 81611
7 August 1998
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LAND USE APPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
SUBMISSION DATE:
7 August 1998
SUBMITTED TO: City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
APPLICANTS: Individual Owners of the Tipple Lodge Condominiums
c/o Mary I. Faulkner
530-South Galena Street
Aspen, Colorado 81611
APPLICANTS' REPRESENTATIVE:
INTRODUCTION:
Gary A. Wright, Esq.
Wright & Adger, LLP
201 North Mill Street, Suite 106
Aspen, Colorado 81611
telephone: 970.925.5 625
facsimile: 970.925.5663
This Application is to amend the existing Subdivision Exemption Agreement to remove
current rental restrictions and to allow the addition of one kitchen to an existing lodge room
condominium.
THE SUBJECT PROPERTY:
The subject property is a three story building constructed in 1967 and 1968. It is legally
described as:
Lot 2, Tipple Woods Subdivision, according to the recorded plat for Tipple Woods
Subdivision recorded as Document No. 107798 in Ditch Book 2A at Page 250 of the
records of Pitkin County, Colorado.
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LAND USE APPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
The Property is known as the Tipple Lodge and is located at 530 South Galena Street, Aspen,
Colorado. It is comprised of twelve (12) free market condominium units.' The property is in the
L/TR (Lodge/Tourist Residential) Zone District.
Subsequent to the Subdivision Exemption granted in 1979, the Property was
condominiumized as twelve free-market condominium units.2 Two condominiums now contain full
kitchens and the remaining ten units are lodge -type rooms without kitchens.
THE APPLICANTS:
Mary I. Faulkner
P. 0. Box 147
.Aspen, Colorado 81612
V_ THE REQUEST:
John L. Faulkner
P. 0. Box 147
Aspen, Colorado 81612
John R. Faulkner
P. 0. Box 250601
Franklin, Michigan 48025
The Applicants', seek to amend the 1979 Subdivision Exemption Agreemene entered into
with the City of Aspen. The proposed amendment would remove all rental restrictions and would
allow for the issuance of a building permit to construct a kitchen in one unit. The proposed revisions
are being requested pursuant to Land Use Code Section 26.88.070(B)(4) which is also known as
Ordinance 53, Series of 1993. Concurrent with the request for City approval of changes to the
Subdivision Exemption Agreement, the Applicant is applying for approval of a GMQS Exemption
by the Growth Management Commission.
1 Tipple Lodge Condominium Units 14,15,21,22,23,24,25,31,32,33,34 and 35.
2 Recorded in 1980 in Book 385, Page 883.
3 The Applicants are the successors in interest to Tipple Lodge, a Joint Venture which
entered into the Subdivision Exemption Agreement now proposed to be amended.
4 Recorded in 1979 in Book 378 Page 294.
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LAND USE APPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
BACKGROUND:
The Subdivision Exemption Agreement of 1979, in Paragraph 2, (a), (b), and (c), requires
that the ten units (lodge rooms) without kitchens be restricted to short-term rental only, that they
have local management, that they be registered with a local central reservations entity and that no
kitchen be constructed in any of them without permission. These restrictions were based on the
community's needs twenty years ago, but are no longer appropriate. The ' Applicants seek an
amendment to the Subdivision Exemption Agreement which recognizes the extensive changes that
have occurred during the past.twenty years and which will accommodate current and predicted future
situations.
BASIS FOR REQUEST:
In 1979, the City was concerned that condominiumization of a lodge might reduce the supply
of short-term housing in the L-2 zone (now LT/R) by virtue of owner usage of the units or
withholding the units from the short-term rental market. The Tipple Lodge was the first lodge in
Aspen to request condominiumization. Given the conditions in 1979, the Tipple Lodge owners
agreed to the restrictions imposed by the City inasmuch as they reflected the status quo and were
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quite reasonable.
Since 1979, conditions have changed. The Ritz Carlton/ St. Regis and the Little Nell Hotel
have been constructed, adding hundreds of hotel rooms to the tourist rental market. Savanah Limited
Partnership has recently proposed adding more than one hundred additional hotel rooms. The Little
Nell is directly adjacent to the Tipple Lodge. The St. Regis and proposed Savanah Limited
Partnership project are withing two blocks of the Tipple Lodge. Clearly, the consequences of the
possible removal of these ten rooms from the nightly rental market would be negligible. Moreover,
many of the rooms in the Tipple Lodge lie vacant during prime winter and summer seasons, despite
value -oriented marketing efforts, further indicating that its ten hotel rooms are not crucial to the
nightly tourist market. Quite possibly, the required local central reservation entity which provided
an important service twenty years ago now actually hinders the Tipple Lodge's ability to maximize
...a rentals.
In recent years, the operation of a ten room, value -oriented hotel has become economically
unfeasible. Management and labor costs have risen dramatically, and tourists have come to expect
lux accommodations. Given the physical inability to expand to offer amenities such as hot tub
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swimming pool and on -site restaurant or bar, rates cannot justifiably be raised to cover ever-
increasing costs.
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LAND USE APPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
Finally, due to City approval of the conversion of the adjacent Tippler Nightclub to luxury
townhomes, there will be a period of several years of noise and disruption during construction.
Access to the Tipple Lodge will be restricted and, at best, confusing. Moreover, once the Tippler
project is completed, the Tipple Lodge will be completely surrounded by long-term residential uses.
It is unlikely that the building will even be visible from the street.
PROPOSED MODIFICATION:
The Applicants would like the rental restrictions removed and authorization to add one (1)
kitchen to one existing condominiumized lodge room.
REQUEST FOR GMQS EXEMPTION
THE AMENDMENT REQUESTED:
The Applicants wish to amend the 1979 Subdivision Exemption Agreements to remove all
rental restrictions and to authorize the construction of one additional kitchen in an existing
condominiumized lodge room. The proposed changes are exempt from GMQS because this
application complies . with the requirements of the City of Aspen Land Use Code Section
26.100.05 0(B)(3)(a).
The Tipple Lodge consists of twelve (12) free-market condominiums. There are currently
two (2) residential studios and ten (10) lodge rooms. The effect of the addition of one (1) kitchen
to the Tipple Lodge would be to create, by definition, a change in use to a multi -family residential
dwelling, then consisting of three (3) studio condominiums with kitchens and nine (9) lodge room
condominiums without kitchens. Pursuant to Land Use Code Section 26.100.050 (B) (3) (a), the
Growth Management Commission is being asked to approve'a GMQS Exemption to allow the
conversion of one lodge room condominium to a studio condominium.
5 Book 378, Page 294.
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LAND USE APPLICATION TO THE CITY OF ASPEN
REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
BASIS FOR EXEMPTION:
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The Land Use Code at Section 26.28.190 (A) and (B) (4) allows for multi -family dwellings
as a permitted right in the Lodge/Tourist Residential (L/TR) Zone, the zone which applies to the
subject property. Insofar as allowable densities are concerned, the existing building is non-
conforming, because the lot on which the Tipple Lodge Condominiums is situated contains less than
12,000 square feet. The nonconformity will not be increased.
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The criteria of 26.100.050 (B) (3) (a) Change in Use is satisfied as follows6:
(1) the Growth Management Commission determines that a minimal number of
additional employees will be generated by the change in use and that employee housing will be
provided for the additional employees generated;
Response: No additional employees will be generated as a result of converting a
condominiumized lodge room (without a kitchen) to a condominium unit with a kitchen.
(2) the Growth Management Commission determines that a minimal amount of
additional parkingspaces will be demanded by the change in use and thatparking will be provided;
Response: No additional parking will be required by the change in use. There are eight (8)
spaces for the existing twelve (12) condominium units. For the last twenty-seven (27) years, the
available parking spaces have proved more than adequate. The downtown location of the property
obviates the need for a vehicle.
(3) the Growth Management Commission determines that there will be minimal visual
impact on the neighborhood from the change in use;
Response: The conversion of one condominiumized lodge room without a kitchen to a
condominium unit with a kitchen is entirely internal to the existing building and consequently there
will be no change in the visual impact on the neighborhood.
(4) the Growth Management Commission determines that minimal demand will be placed
on the city's public facilities from the change in use;
Response: There will belittle if any additional demand placed on public facilities as a result
of the addition of one kitchen to an existing condominium unit.
6 The applicable code language is repeated here verbatim in italics for the reader's
convenience.
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LAND USE APPLICATION TO THE CITY OF ASPEN
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REQUEST FOR INSUBSTANTIAL SUBDIVISION AMENDMENT:
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(5) no zone change is required;
Response: No zone change is required as the LT/R zone is consistent with the Applicants'
amendment request.
(6) no more than one residential unit will be created; and
Response: At most one additional residential unit will be created. Further, the changes
proposed will also eliminate the existence of one condominiumized lodge room. The net gain or loss
is really zero.
(7) the proposed use is consistent in all respects with the AACP.
Response: The request is consistent with the AACP. The conversion of an existing
condominiumized lodge room (without a kitchen) to a condominium unit with a kitchen technically
results in the creation of one residential unit and the elimination of one condominiumized lodge
room. In a neighborhood that has become an area of multi -million dollar private homes and
exclusive townhomes, these changes are a step, although a small one, toward bringing the Tipple
Lodge closer in form to its neighborhood.
ATTACHMENTS:
A. - proposed Amendment to Subdivision Exemption Agreement.
B. - Subdivision Exemption Agreement (October 1979).
C. - Proof of Ownership.
D. - Affidavit of Consent.
E. - Pre -Application Conference Summary (15 May 1998).
F. - Vicinity Map.
Attachment #1 - Signed Fee Agreement
Attachment #2 - Dimensional Requirements Form
Date: 4j_ (40 6
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Applicants' Representative:
GaV A. Wright '
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EXHIBIT "A"
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PROPOSED AMENDED SUBDIVISION AGREEMENT
lu l . Parties. The parties to this agreement are the owners of all of the Tipple Lodge
Condominiums ("Owner") and the City of Aspen, a municipal corporation ("Aspen").
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2. Recitations. The Owner holds fee title to twelve condominium units known as the
Tipple Lodge Condominiums pursuant to the instrument recorded in Book 385 Page 833, which
property is zoned LT/R zone. The Tipple Lodge Condominiums are currently comprised of two
(2) studio condominiums with full kitchens and ten (10) lodge room condominiums. The Tipple
Lodge Condominiums are subject to certain restrictions more fully described in the Subdivision
Exemption Agreement recorded in Book 378 at Page 294, including the requirement that the Owner
restrict the rental of the ten (10) lodge room condominium units to short-term rental at market rates
and be registered with a central reservations entity in Pitkin County, Colorado; and that the lodge
room condominiums shall have local management which may be different for different units.
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3. GMOS Exemption. Aspen has determined that the Owners have satisfied the
Ilu requirements of Section 26.100.050(B)(3)(a) and that this Amendment to Subdivision Exemption
Agreement is exempt from the requirements of the Growth Management Quota System.
4. Amendment. Except as set forth herein, the terms, conditions and covenants set forth
and agreed to in the Subdivision Exemption Agreement shall remain in full force and effect. This
Ju Amendment to Subdivision Agreement expressly allows the Owner to convert one (1) condominium
lodge room unit to a condominium unit with a full kitchen. This Amendment to Subdivision
Agreement expressly removes any and all requirements regarding the rental of any units and
specifically deletes the requirement that the lodge room condominiums be rented at short-term rental
market rates, be managed by local management and -be registered with a central reservations entity
An in Pitkin County, Colorado.
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