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HomeMy WebLinkAboutagenda.apz.20010710 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, JULY 10, 2001 4:15 PM PUBLIC DISCUSSION WITH STAFF 4:30 PM COUNCIL CHAMBERS COMMENTS A. Commissioners B. Public II. DECLARATION OF CONFLICTS OF INTEREST III. MINUTES (6/5/01) IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. 629 W. SMUGGLER LANDMARK DESIGNATION, Amy Guthrie, continue to 8/21 B. LOT 15, BLOCK G, ASPEN HIGHLANDS PUD AMENDMENT FOR AN ADITIONAL ADU, James Lindt ~ (~-~ ~9 C. 1490 RED BUTTE STREAM MARGIN REVIEW, Steve Clay ~(~t~ ~7/~ D. MOBILE HOME PARK ZONE DISTRICT TITLE CODE AMENDMENT, continued to a date to be determined, Steve Clay V. ADJOURN 17v MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Director FROM: James Lindt, Acting Zoning Officer RE: Aspen Highlands Village PUD Amendment - Public Hearin DATE: July 10, 2001 APPLICANT /OWNER: John McCormick REPRESENTATIVE: Jim Guffey, Charles Cunniffe Architects LOCATION: 0265 Exhibition Lane, Lot 15, Block G. Aspen Highlands Village Planned Unit Development CURRENT ZONING: R-15 PUD CURRENT LAND USE: Vacant Lot PROPOSED LAND USE REQUEST: Amendment to the Planned Unit Development SUMMARY: Applicant wishes to obtain an amendment to the Aspen Highlands Village Planned Unit Development (PUD) for the purpose of constructing an Accessory Dwelling Unit (ADU) in the Aspen Highlands Village Planned Unit Development. The approved PUD only allows for ten ADU's to be constructed on lots in which the property owners were conveyed certificates for these Caretaker Units from Hines Highlands Limited Partnership. This would be the eleventh ADU in the Planned Unit Development. 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. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed to City Council. STAFF COMMENTS: The applicant, John McCormick, represented by Charles Cuniffe Architects, requests an amendment to the Aspen Highlands Village Planned Unit Development (PUD) for the purpose of constructing an eleventh ADU within the PUD. Ten ADU's were originally approved to be constructed within the PUD. The lots that were allowed to receive the ADU's were established by Hines Highlands Limited Partnership through a certificate program. Hines received certificates from the County to construct the ten ADU's within the PUD, and then Hines was able to convey the certificates to the property owners in the PUD as they saw fit. Hines claims that there was no monetary payment received by them for the certificates and that they were conveyed on a first come, first serve basis. The applicant is asking for an amendment to allow for an ADU to be constructed on his single- family lot at Highlands. The applicant was unable to obtain one of the ten ADU Certificates, but has received a letter from Hines Highlands Inc. (Exhibit E) authorizing him to apply for the PUD Amendment to allow for the ADU. Allowing for more ADU's at Highlands is supported by many of the Housing goals and policies set forth in the Aspen Area Community Plan. More specifically, allowing ADU's on the single-family lots would "encourage development to occur within the Aspen Community Growth Boundary" and would also "encourage greater participation by the private sector in affordable housing". Staff feels that allowing for more ADU's would also further the Aspen Area Community Plan Housing Policy that calls for the City to "celebrate our diversity by reflecting it in our housing inventory" and to "avoid housing developments that inadvertently create segregation". Staff feels that the Highlands PUD should be amended to allow for the City's ADU program to be implemented, allowing for voluntary ADU's to be approved at an administrative level on all single-family lots in the PUD. However,_ staff can not initiate a PUD amendment to allow for City's ADU program to be implemented without Hines' authorization. Staff has been unable to obtain this authorization at the current time. Staff believes that the impacts of the PUD Amendment to allow for an additional ADU to be built on the applicant's lot would be very minor. An off-street parking space is required per the Highlands PUD Guidelines, which would prevent the additional resident from parking on the street. Staff recommends approval of the proposed amendment to the Aspen Highlands Village Planned Unit Development (PUD) for the purpose of allowing for an ADU to be built on Lot 15, Block G of the Highlands PUD. The PUD Amendment would allow for Mr. McCormick to construct an ADU within the dimensional requirements set out in the Highlands Village PUD and allow for the ADU to be constructed per the City's ADU design guidelines pursuant to section 26.520 of the City Land Use Code. 2 RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the Amendment to the Aspen Highlands Village Planned Unit Development (PUD) for the purpose of allowing an eleventh ADU to be constructed pursuant to Section 26.520 of the Land Use Code, on Lot 15, Block G, Aspen Highlands Village PUD. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.IL, Series of 2001, approving the Amendment to the Aspen Highlands Village Planned Unit Development (PUD) for the purpose of allowing for an eleventh ADU to be constructed pursuant to Land Use Code Section 26.520, on Lot 15, Block G, of the Aspen Highlands Village PUD." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Parcel Location Exhibit C -- Development Application Exhibit D -- Letter from Hines Authorizing and Supporting the Application 3 RESOLUTION N0. 31 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN AMENDMENT TO THE ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT TO ALLOW FOR AN ACCESSORY DWELLING UNIT TO BE CONSTRUCTED PURSUANT TO LAND USE CODE SECTION 26.520.050, ADU DESIGN STANDARDS, ON LOT 15, BLOCK G, OF THE ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from John McCormick, represented by Charles Cunnife Architects, for an amendment to the Aspen Highlands Village Planned Unit Development (PUD) to allow for an eleventh Accessory Dwelling Unit to be constructed within the Highlands Village Planned Unit Development on Lot 15, Block G, Aspen Highlands Village PUD; and, WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may approve an 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 amendment to the Aspen Highlands Village PUD to allow for an additional ADU to be allowed solely on Lot 15, Block G, Aspen Highlands PUD and recommended Approval; 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. WHEREAS, during a duly noticed public hearing on July 10, 2001, the Planning and Zoning Commission approved, by a _ to _ (_ - _) vote, an amendment to the Aspen Highlands Village Planned Unit Development (PUD) for the purpose of allowing an eleventh ADU to be constructed, pursuant to the land use code section 26.520.050, ADU Design Standards, on Lot 15, Block G, Aspen Highlands Village Planned Unit Development; and, 12 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 amendment to the Aspen Highlands Village Planned Unit Development (PUD) for the purpose of allowing an eleventh Accessory Dwelling Unit to be constructed within the PUD on Lot 15, Block G, is approved with the following conditions: 1. The Accessory Dwelling Unit shall conform to the regulations set out in section 26.050, ADU design standards. 2. All applicants for an ADU shall prepare and record the appropriate deed restriction for the unit in conjunction with the Aspen/Pitkin Housing Authority. Section 2: 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on July 10, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Robert Blaich, Chair 13 EXHIBIT A HIGHLANDS PUD 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 and the existing land uses in the surrounding areas in that there are already ADU's that are approved within the PUD. Staff finds that the proposed amendment furthers the AACP goal of providing more employee housing within the limits of the Urban Growth Boundary. Staff finds the criterion to be met. 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: 1. 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. 2 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 approved types of land uses will not be changed. Accessory Dwelling Units are already allowed within the PUD to a limited number. Staff feels that the additional traffic and demand for transit will be minimal. 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 that the proposed amendment will not reduce the open space nor increase the site coverage. Detached ADU's are not allowed on Block G per the Highlands Village PUD. Staff finds this criterion to be met. 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 proposed. 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. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding Staff finds that parking demand will be met because the ADU design standards require that one off-street parking space be created and designated for the ADU resident in addition to the parking for the primary residences. There are also RFTA bus stops nearby to provide alternative forms of transportation. Staff finds this criterion to be met. 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: 5 a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff finds this criterion does not apply to this application. 5. 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 Staff finds this criterion does not apply to this application. 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. Co Staff Finding Accessory Dwelling Units are not counted as units of density per the land use code. Staff finds that ADU's are encouraged by the Aspen Area Community Plan and that affordable housing units constructed within, the Urban Growth Boundary are compatible with the surrounding land uses. Staff finds this criterion to be met. 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 Staff finds that the proposed amendment will not affect the open space or setbacks because there is an approved building envelope already in place on the lot. The ADU will also be located within the dimensional requirements of the approved Aspen Highlands Village PUD. 7 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. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Staff finds that this criterion does not apply to this application. 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. H" Staff Finding Staff finds that the proposed amendment does not change the architectural character of the residence. Staff finds this criterion to be met. 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 Highlands Village PUD. Staff finds that this criterion is not applicable to this application. 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 enhances 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. S. 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. 0 Staff Finding Staff finds this criterion does not apply to this application. 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 an 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. 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 Staff finds that adequate public infrastructure exists to serve the additional unit that would be created by this amendment. Staff finds this criterion to be met. 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 10 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 Staff finds that the proposed amendment does not affect the vehicular circulation because an off-street parking space is required for each ADU unit. Staff finds this criterion to be met. 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. Z. 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 Staff finds this criterion does not apply to this application. 11 CL 2 z 3 64'�C% E' j kV �Iy iF1: ti ^� 0 T I S, WALKER ��-fx�r� cCORMICK REAL ESTATE March 26, 2001 R.E. Lot 15 G Maroon Neighborhood Aspen Highlands Village PUD Application to increase the number of ADU (caretaker) units from 10 to 11. Minor PUD amendment. Proposal: The applicant would like to build an ADU unit in an area of the house that would not affect nor require any adjustment to the FAR. See accompanying architectural floor plans. This is consistent with the relvant standards: A) N/A B) The proposal does not change the use. C) ADU units were anticipated, desirable and are permitted. D) The proposed activity does not i) Change the basic character of the approved use of the land - it will not require any increase in the size of the house. ii) There will be no off site impact iii) Public health, safety and welfare will not be affected iv) On site parking will be handled easily (one car) by a space to south of the house. Affordable housing generation will be positively affected v) There will be no affect on FAR. John McCormick ` 302 E. Hopkins Avenue, Aspen, Colorado 81611 (970) 920-4500 Fax (970) 920-1085 (800) 598-7147 Email: oandw@sopris.net Website: www.otisandwalker.com June 21, 2001 James Lindt Community Development Office City of Aspen 130 South Galena Street Aspen, CO 81611 Dear James, RECiEmEo JUN 25 AS I P� KIN PONW- rYDEVELOPMENT Please accept this letter as our authorization for John McCormick, owner of Aspen Highands Village Maroon Neighborhood Lot 15, to proceed with an application to amend the Aspen Highlands Village PUD for the addition of an ADU to his proposed home. A S P E n Per your request, I have researched and confirmed that the 10 certificates issued with prior lot sales at Aspen Highlands were offered at no cost to the lot buyer. In addition, no cost premium �I I G N L A n D S was placed on lots that were sold with the certificate. We recommend that Mr. McCormick's application be reviewed at the administrative level. V I L L fl G I Please feel free to contact me with any questions or concerns you have regarding this matter. Sincerely, P O, Box 5115 Aspen, Colorado 81612 (970) 920-1710 Fax (970) 920-3955 David Norden Cc: John McCormick State of Colorado Space Above This Line For Recording Data DEED OF TRUST (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is ... 21, 2000 and the parties, their addresses and tax identification numbers, if required, are as follows: GRANTOR: JOM MCCORMICK JOHN T. MCCORMICK PO BOX 2974 PO BOX 2974 ASPEN, CO 81612 ASPEN, CO 81612 ❑ If checked, refer to the attached Addendum incorporated herein, fort additional Grantors, their signatures and acknowledgments. TRUSTEE: PUBLIC TRUSTEE OF PITKIN COUNTY LENDER: COMMUNITY BANKS OF COLORADO ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF COLORADO 210 NORTH MILS, STREET ASPEN, CO 81611 TAXPAYER I.D. ##: 84-0638700 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: LOT 15, BLOCK G, THE ASPEN HIGHLANDS VILLAGE P.U.D. ACCORDING TO THE PLAT THEREOF RECORDED OCIOBER 15, 1998 IN PLAT BOOK 47 AT PAGE 1 AS RECEPTION NO. 423275. COUNTY OF PITKIN, STATE OF COLORADO. Theproperty is located in PITKIN.................................................... at ............. ............................. (County) 0265 E� iIBITION LANE (Address) .................... ...... ASPEN BIM ................................, Colorado . ........ (City) (ZIP Code.). Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXEYH-J ki OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 2P0, 000.00 ................................ . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) PROMISSORY NOTE NUMBER 88571505 DATED DECEMBER 21 2000 IN THE ORIGINAL PRINCIPAL AMOUNT OF$200,000.00 NAMING JOHN MCCORMI& AS BORROWER AND COMMUNITY BANKS OF COLORADO AS LENDER. COLORADO - DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) ( age 1 of 41 m1994 Bankers Systems, Inc., St. Cloud, MN Form RE.DT-CO 10/23/98 0 c m� m n so li, Ev 31 I5BS9-9t60L6 :XV3 . 06S9 JZ60L6 :3131 . tC910 0:)'SSMVM03 . SON US "GAIO 39VIIIA S(MYM03 SOLO ci L9S6-BZ41OL6:XVd . BfLC-9U4)L6:3131 . Sf618 OD'3OINf11131 .'3AV OOVNOIOJ'3 OZZ 66C9-E9OL6:XV3 . ►60-0 0L6 �3131 . CZ910 0J01VONOBSYD . ZCZ 31U1S .'1S NIM ZOS orllff,� [ I LSS"ZOL6 :XV3 . 065S-SZ6O16 3131 . tt910 OJ'N3dSV . '3AV NmAN 1SV3 Ot9 S.LD31/1-138V 3-1-41NNnD S378V/-/D z I C _ N Ls= s� o Z � County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) ,� �w� ,being or representing an I, ('` Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated 200 & (which is /,s days prior to the public PUBLIC NOTICE DATE 7�01,, TIME 4 3 0 PLACE`-'_lt� a PURPOSE�� D A-M -r l i , FOR FURTHER INFORMATION. CONTACT THE ASPEN/PITKIN PLANKING OFFICE. 130 SOUTH GALENA. ASK-N. CO (970) 920 5� ice on the subject property (as it could be seen from was posted and visible continuously from the• 9 a y 200 0 . (Must be posted for at least photograph -of the posted sign is attached hereto. Signature Signed before me this 2 day of Jv SS MY HAND AND OFFICIAL SEAL My Commission expires: bG�43�,G � body Notary Public SCOTT D. 4 GARG{A cor***C**�L Q •' P My Commission Expires October 28, 2002 ASPEN HIGHLANDS MOUNTAIN LLC PO BOX 1248 ASPEN, CO 81612 } CAM DEVELOPMENT LLC 424 PARK CIR #3 ASPEN, CO 81611 E GORDON LETICIA B 3663 GRAND AVE UNIT 904 DES MOINES, IA 50312-4369 LABS J DANIEL 2418 CHICORY LN GREY OAKS NAPLES, FL 34105 POC BOHN LLC 3737 LAPALCO BLVD HARVEY, LA 70058 i BOYD CONSTANCE A CIO HEATHERBED LODGE BROWN LISA & GARY PO BOX 4388 1420 WESTBROOK DR ASPEN, CO 816124388 SARASOTA, FL 34231 3549 CHOPIVSKY GEORGE JR CRIDEN MICHEEL E & MICHELE S 3217 CATHEDRAL AVE N W 11035 MARIN ST WASHINGTON, DC 20008 CORAL GABLES, FL 33156 GUENTHER JACK -TRUSTEE NINES HIGHLANDS LIMITED PARTNERSHIP 153 TREELINE PARK STE 300 PO BOX 5115 SAN ANTONIO, TX 78209-1880 ASPEN, CO M 612 LARSEN MARCELLA LARSEN BENJAMIN TRUST MCCORMICK J014N T PO BOX 1063 302 E HOPKINS ASPEN, CO 81612 ASPEN, CO 91611-1906 White River National Forest Forest Supervisor PO Box 1009 �� Glenwood Springs, CO 81602 I' 'J� i j ASPEN HIGHLANDS MOUNTAIN LLC PO BOX 1248 j ASPEN, CO 81612 CAM DEVELOPMENT LLC 424 PARK CIR #3 ASPEN, CO 81611 GORDON LETICIA B 3663 GRAND AVE UNIT 904 DES MOINES, IA 50312-4369 LABS J DANIEL 2418 CHICORY LN GREY OAKS NAPLES, FL 34105 POC BOHN LLC 3737 LAPALCO BLVD HARVEY, LA 70058 BOYD CONSTANCE A CIO HEATHERBED LODGE BROWN LISA & GARY PO BOX 4388 1420 WESTBROOK DR ASPEN, CO 816124388 SARASOTA, FL 34231 3549 CHOPIVSKY GEORGE JR CRIDEN MICHAEL E & MIC14ELE S 3217 CATHEDRAL AVE N W 11035 MARIN ST WASHINGTON, DC 20008 CORAL GABLES, FL 33156 GUENTHER JACK -TRUSTEE HINES HIGHLANDS LIMITED PARTNERSHIP 153 TREELINE PARK STE 300 PO BOX 5115 SAN ANTONIO, TX 78209-1880 ASPEN, CO 81612 LARSEN MARCELLA LARSEN BENJAMIN TRUST MCCORMICK JOI-IN T PO BOX 1063 302 E HOPKINS ASPEN, CO 81612 ASPEN, CO 81611-1906 White River National Forest Forest Supervisor d PO Box 1009 Glenwood Springs, CO 81602 r lY t � SSl E MEMORANDUM To: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Steve Clay, Planner RE: 1490 Red Butte Stream Margin Review & Variance to Res' Standards, Resolution No. Residential Design , Series of 2001. —PUBLIC HEARING. DATE: July 10, 2001 APPLICANT: Neighbor to the west of Mark Brown & Steve Brint proposed struct a REPRESENTATIVE: J Galambos Architects ' �.r lnc PARCEL ID: - 2735-013-02-� 004 '�-�lw'ml ADDRESS: 1490 Red Butte Dr. ZONING: R-30, Low Density Residential CURRENT LAND USE: Single Family Residential PROPOSED LAND USE: Single Family Residential REQUESTED ACTION: 1. Stream Margin Review 2. Variance from the Residential Design Standards SUMMARY The applicant is proposing a demolition of the existing single family residential home and the construction of a new single family residential home located in an Environmentally Sensitive Area at 1490 Red Butte Drive on the Roaring Fork River. In order to accomplish the desired design the applicant is requesting the following variances from the Residential Design Standards: 1. Inflection 2. Double -wide garage door 3. Windows between 9-12 feet The Planning and Zoning Commission acting as the Design Review Appeals Committee may grant relief from the Residential Design Standards during a public hearing for one of the following three reasons: 1) The property possesses an irregularity in which a waiver is clearly necessary for reasons of fairness; 2) The proposed design represents a more effective manner to address the particular issue in which the standard is intended; or, 3) The proposed design yields greater compliance with the Aspen Area Community Plan than would result with application of the particular standard. Residential Design Standards Inflection 26.410.040 (E) (2) (a) Residential design standard regarding inflection states. - The following standard must be met for parcels that are 6,000 square feet or over: If a one (1) story building exists directly adja- cent to the subject site, then the new construction must step down to one story in height along their common lot line. If there are one story buildings on both sides of the subject site, the appli- cant may choose the side towards which to inflect. if... 2 Then. A one story building shall be defined as follows: A one story building shall mean a structure, or portion of a structure, where there is only one floor of fully usable living space, at least 12 BIZ I �12� feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one story tall as far back along the common lot line as the adjacent building is one story. ➢ Staff Finding The home, as proposed, appears to meet the inflection requirement when viewed from the front, or street side. It is only due to the natural slope of the hill, east to west, that creates a one-story to two-story element when viewed from the back, or river side, creating an inflection problem with the home located on the west side of the parcel. If the structure is constructed to meet the inflection standard, a substantial amount of slope disturbance could occur. The slope disturbance will have more negative impacts in relation with the river and surrounding neighbors then not meeting the inflection standard. Disturbing the grade to meet the criteria for inflection is not a desirable solution for this situation. See Plan No. II Staff supports the request for the inflection variance finding that; 1) The property possesses an irregularity in which a waiver is clearly necessary for reasons of fairness. 2) The proposed design represents a more effective manner to address the particular issue in which the standard is intended. Doublewide Garage Doors 26.410. 040 (fi Residential design standard states. - The garage doors shall be single stall doors 3 ➢ Staff Finding: The garage will be side loaded with respect to the street and will not be seen when viewed directly from the street facade. Furthermore, the doublewide garage door has been designed as to appear as two single stall garage doors. There will be very little impacts, if any, regarding approval of this variance. See Plan Noll & 14 Staff supports the request for the doublewide garage door variance finding that; I) The proposed design represents a more effective manner to address the particular issue in which the standard is intended. Windows located in the 9-12 "No window zone" 26.410.040 (D) 3a Residential design standard regarding windows states: Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measure- ment will be made from the first land- ing if one exists. A transom window above the main entry is exempt from this standard. No. window zone" 12 ➢ Staff Findings: The request for the variance is only for the purpose of design. This is a newly constructed design; the applicant should be able to alter the plans and adhere to this standard as required. See Plan Noll Staff does not support the variance for the windows that are located between nine (9) and twelve (12) feet finding that: 1) The property does not possess an irregularity in which a waiver is clearly necessary for reasons of fairness. 2) The proposed design does not represent a more effective manner to address the particular issue in which the standard is intended. 3) The proposed design yields greater compliance with the Aspen Area Community Plan than would result with application of the particular standard. 2 Stream Margin Review These are areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one -hundred -year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin). Development in these areas shall be sub j ect to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review shall encourage development and land uses that preserve and protect existing watercourses as important natural features. 26.435.040 C Stream Margin Review Standards states: No development shall be permitted within the Stream Margin unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development, which is in the Special Flood Hazard Area, will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; and ➢ Staff Finding: There will not be any development in the floodway for the proposed development. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and, ➢ Staff Finding Staff does not foresee any impacts regarding this requirement. The Roaring Fork River Greenway Plan recommendations are being met and implemented to the greatest extent possible and a fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement, "per conditions of approval. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; and 5 ➢ Staff Finding Per the submitted plans, there will not be any disturbance of vegetation outside of the building envelope. The building envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and ➢ Staff Finding The proposed development shall not pollute or interfere with the natural changes of the river, stream or other tributary including erosion and/or sedimentation during construction and a silt fence shall be placed along the riverside of the building envelope. A drainage plan shall be submitted to the Engineering Department for review, and approval, prior to issuance of a Building Permit. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and ➢ Staff Finding The alteration or relocation of any portion of the watercourse is not proposed. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and ➢ Staff Finding This requirement does not apply to the proposed development because no watercourse will be altered or relocated 7. Copies are provided of all necessary federal and state permits relating to work within the one -hundred -year floodplain; and ➢ Staff Finding The will be no development in the one -hundred year floodplain. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability; and ➢ Staff Finding There is no development being proposed within the required I S feet from the top of slope. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020; and ➢ Staff Finding All development is outside the 1 S foot setback from the top of slope and does not exceed the height delineated by a line drawn at a 45-degree angle from the ground level at the top of slope per the submitted plan. 10. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side to native riparian vegetation; and ➢ Staff Finding A landscape plan was submitted and staff does not foresee any problems related to the plan, however the applicant shall submit a landscape plan to the Parks Department for review prior to issuance of a Building Permit or Demolition Permit. 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with section 26.575.150; and ➢ Staff Finding The applicant shall comply with all exterior lighting and all design criteria and submit a lighting plan with the Building Permit application. 12. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level; and ➢ Staff Finding Site sections were submitted as drawn by Aspen Survey Engineers, Inc. that show all existing and proposed site elements. 13. There has been accurate identification of wetlands and riparian zones. ➢ Staff Finding There are no wetlands located on the parcel. %/ Staff Recommendations A. Stream Margin Review: Staff recommends approval for the Stream Margin Review for the proposed demolition and construction of a new single family residential structure located at 1490 Red Butte Drive; Lot 2, Block 1, Red Butte Subdivision finding that the criteria per 26.435.040 C, Stream Margin Review Standards has been met, subject to the recommended conditions of approval. B. Variance regarding Residential Design Standards: Staff recommends approval for Inflection variance, 2) Doublewide garage door variance, finding that; 1) The property possesses an irregularity in which a waiver is clearly necessary for reasons of fairness. 2) The proposed design represents a more effective manner to address the particular issue in which the standard is intended. Staff is recommending denial of the variance for the windows located in the 9-12ft. "No window zone"; finding that; none of the criteria are met. Recommended Motions " I move to approve Resolution No. , (Series of 2001) for a Stream Margin Review and Variances from the Residential Design Standards for Inflection, Doublewide Garage Doors, for a property located at 1490 Red Butte Drive, Lot 2, Blockl, Red Butte Subdivision". ATTACHMENT: Galambos/Muir Architects design drawings o Plan sheets 1-16 respect to the purchase of a fractional ownership interest. The Applicant is requesting a variance from the 10-day standard. 5. 26.590.010(C)(15) discusses "Escrow of Deposits." This standard requires that Deposits or down -payments made in connection with the purchase or reservation of a timeshare unit from a seller shall be held in an escrow account until closing or until the issuance of a certificate of occupancy, whichever is later. The Applicant's plan offers an alternative to this standard: The Applicant requests the flexibility of posting a "letter of credit" or "bond" consistent with Colorado Real Estate Commission requirements. The Applicant asserts that "this alternate assurance, which must be equal to 110 percent of the deposits released to the developer prior to closing, is normally either a letter of credit drawn on a bank doing business in Colorado or a bond." Staff recommends the letter of credit be posted rather than a bond. C. Livability of the Affordable Housing Units As proposed, the Applicant intends to house 15.75 employees in 9 deed -restricted 1- bedroom units to be rented to employees. The units are located at the south end of Lot 5 on the main level. Seven of these units are completely sub -grade and have only light - wells to provide for a minimal amount of natural light. Staff maintains that there are livability issues regarding the depth of the light wells from natural grade. The units are configured in the following way: AIM t.34. s. s r.3e. a. ♦ � ..r. i +rr s � Gc : ..warms AH Units in question Unit Size: 2 units of 634 sq. ft., 6 units of 665 sq. ft., and 1 unit of 887 sq. ft. Unit Height: 12 foot ceilings (units 3-9) Natural Light Source: South facing window well from 4' to 10' Staff is concerned with the amount of natural light available to the AH units which are completely sub -grade along the back wall of the structure. As proposed, the only natural light to these units enters through window wells as shown in the photo above and on the larger plans of the main level. These window wells begin four feet above the floor and go to 10 feet as viewed from inside the unit. On the outside, the base of the window is at a finished grade of 7,936.5' and while the natural grade where the Alpine Trail easement is located sites at between 7,952' and 7,956'. This is a window well between 19.5' and 15.5' deep from the trail. In addition, the Aspenblick Condominiums, (see photo on the following page), a two and a half story structure, is located just off the southern property line to the south. Staff is concerned that due to the already deep window wells and the two and one-half story structure adjacent to the lot line to the south, that these units will receive very little natural light, which significantly reduces the livability of the units. E Southward view showing Aspenblick Condos relative to the property line (construction fence location) Westward view showing Aspenblick Condos relative to the property line (construction fence location) The Applicant has provided Staff with a Section. Drawing of the east elevation of the subject AH units showing the depth of the units, window wells, retaining wall, trail location, the adjacent Alpenblick structure, and the sun angles on winter and summer solstice. The request from Staff for this section was to illustrate that there will be long periods of time (primarily in the winter) when the units will not receive any direct sunlight. Staff suggested that the Applicant convert the window wells to door wells so that the outside area becomes a small walk out space for the residents. The increased glass area from a window to a full door would significantly expand the amount of natural light as well as provide a small outdoor patio space increasing livability. At Staff s request, the Applicant has submitted additional drawings showing an enlarged window well area with some landscaping and privacy separations:. between units. While this is certainly an improvement from the original submission, Staff remains concerned that because this is the only natural light source to these units, the area could be converted to an outdoor patio increasing livability. It should be noted, this depth of the window well issue was presented to the Housing Board at their regular meeting on November 7th. The Housing Board did not discuss this as an issue regarding livability and unanimously approved the design of the units. However, by exposing more of the units' walls, the FAR is increased as it is currently calculated. Therefore, in order for the units to achieve this walk out space with full doors, the Applicant may propose an alternate method for calculating the FAR through the PUD process, as it applies to the AH units to make them more livable. Request to pay Cash -in -lieu The Applicant is also requesting to amend condition #4 from Resolution No. 111, Series of 1999, which granted Conceptual PUD approval for the hotel. The condition required "The total number of employees to be housed in connection with the proposed 150 room hotel on Lot 5 shall be 40.9 employees. Savannah shall be credited with housing 13 employees in the proposed Bavarian Inn affordable housing project. A minimum of 15.75 employees shall be housed within the 10 proposed Lot 5 hotel. Credit may be obtained for housing the remaining 12.15 employees by any of the following'methods, or a combination of methods, subject to the approval of City Council: 1. The inclusion of additional affordable housing units within the proposed hotel; 2. The provision of off site affordable housing provided they are located within the City of Aspen or up valley of Brush Creek Rd.; and 3. The conversion of existing free-market units to deed -restricted affordable housing units. Although not listed above, the Applicant requests the ability to pay cash -in -lieu for the remaining 12.15 employees remaining from the 40.9 employees. Under the current guidelines, the amount would result in a payment of $2,227,568.85 (i.e., 12.15 employees x $183,339 per FTE.) In any case, this fee shall be paid at the time of building permit application and at the current Housing Guideline rate. The Housing Authority unanimously recommended City Council approve this request for the ability to pay the cash -in -lieu for the remaining 12.15 FTEs. STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission recommend City Council approve the Final PUD proposal for the 51-unit multi -family dwelling fractional ownership project. The Applicant received Conceptual PUD approval from City Council via Resolution 99-111, which established the major threshold issues regarding the proposed hotel's massing, design, location, basic site plan, and density. In addition, the City Council approved an amendment to the Conceptual PUD from City Council via Resolution 01-47, which essentially allowed the Applicant to pursue the same physical structure as originally proposed with a new internal configuration. In addition, the amended PUD changed the nature of the use from a short-term stay hotel to a residential timeshare project that is proposed to look and feel like a hotel project. The accompanying Resolution includes many of the same conditions, which were included in the Conceptual PUD approval. As a result of some of the physical changes and operational changes, other new conditions have been added to the recommended resolution to address the impacts resulting from the amended proposal from a hotel to the 51-unit multi -family dwelling fractional ownership project. The recommendation previously included the request that because Lot 3 and 5 have been connected and interrelated in terms of approvals since 1988, the City Attorney advises that action should be taken on both projects simultaneously, rather than allowing the two projects to be separated. Therefore, Staff recommends that City Council take action on Lot 5 before approving Lot 3. Staff recommends that the Final PUD be approved with the following conditions: 1. That the Applicant shall record the approved condominium subdivision plat in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community 11 Development Director shall render the plat invalid and a new application and approval will be required. 2. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding this property to this development approval. The PUD Agreement and Plan shall include the following information: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). b. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and location of utility pedestals. C. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. d. A drawing representing the project's architectural character. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan. (Units measured in feet or square feet): Minimum Lot,Size� . 6,000 s ft. 86,605 sq. ft. Min.'Lot Area/ Dwe�l�ng Unit:; 1 bedroom / 1,000 sq. ft. 1 bedroom / 450 sq. ft.* Minimum Lot:Width , k 60 feet 192' at minimum =SlVlinimum grant Yartl .= 10 feet 40' Itlinimum Side Yard 5 feet 6' 8" Minimum Rear Yard = 10 feet 20' Maximum Height 28 feet 45'* 10 feet I -- 25 % I 53 % Allowable External FAR 1:1 115,000 sq. ft. 2 spaces per two bedroom Minimum Off -Street unit; 1 space per one 111 Parinng'' bedroom unit *Variance granted through the PUD process. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of removed trees. 12 e. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 5. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the new buildings as required by the Aspen Fire Marshal. 6. Prior to issuance of a building permit the primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood and all tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 7. The Applicant shall convey an undivided fractional interest (one tenth of 0.1 %) in the ownership of the deed restricted affordable housing to the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. The Applicant may submit an alternative option to satisfy the rent control issue acceptable to the City Attorney. 8. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 9. The Applicant shall complete and record the deed restriction for the 9 affordable housing units prior to application for building permits. 10. The Applicant shall pay the City of Aspen $4,846.24 in school land dedication fees. These fees shall be due and payable at the time of issuance of a building permit for the development. 11. The Applicant shall pay the City of Aspen $185,629.00 in park development impact fees. These fees shall be due and payable at the time of issuance of a building permit for the development. 12. That the application for final PUD approval will meet all of the conditions set forth in City Council Resolution No. 99-111 and No. 01-47, except as otherwise modified. 13. The affordable housing mitigation for Lot 5 shall be for 40.9 net new employees and shall be provided as follows: a. The Applicant shall provide 9 on -site deed restricted affordable housing units to have the floor area as follows and as depicted on the site plan represented in the Final PUD Application to mitigate for 15.75 employees: Unit #1 & #2 =1-bedroom with 634 sq. ft. Unit #3 through #8 =1-bedroom with 665 sq. ft. 13 Unit #9 =1-bedroom with 817 sq. ft. b. The Applicant shall provide affordable housing mitigation for 13 employees to be housed in the Bavarian Inn affordable housing project; c. The Applicant shall snake a payment of cash -in -lieu of $2,227,586.85 to the Aspen / Pitkin County Housing Authority at the current rate of $183,339 per FTE in the guidelines for 12.15 employees to be paid at the time of building permit application and as recommended by the Aspen / Pitkin County Housing Authority at a regular meeting held on November 7th, 2001. 14. The Applicant shall be required to purchase and make available at all times valley bus passes for.all employees not housed on -site. 15. For the Final PUD, a total of 111 off-street parking spaces shall be provided (2 for each of the 51 residential units for a total of 102' spaces and l for each of the on -site affordable housing units for a total of 9 spaces); and 9 spaces to be located on west side of South Galena Street adjacent to the project to be dedicated to the Silver Circle Ice Rink patrons. 16. The Applicant shall provide a shuttle to and from the airport for the prof ect's. patrons, and shall make a good faith effort to use an alternative energy source vehicle for such shuttle purposes. 17. The service/delivery area shall be provided with a means of precluding exiting vehicles, from turning left onto South Mill Street. Time limitations for deliveries shall be set, and a plan indicating how trucks will maneuver to enter the loading docks shall also be provided. All service/delivery functions shall comply with regulations currently in effect, as may be amended from time to time. 18. The Final application shall include a management plan for demolition and construction parking, traffic, and noise, and said plan shall consider neighborhood concerns. It is recommended that meetings with the noticed neighbors be held in preparation of the management plan required pursuant to this condition. 19. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. 20. The Applicant shall be required to provide $20,000.00 to the City of Aspen in either a cash deposit or letter of credit prior to receiving Certificates of Occupancy for the project to ensure there are no deviations from the proposed timeshare marketing plan provided in Appendix E, Exhibit 7 of the Application. 21. During construction, noise cannot exceed maximum permissible sound level standards. In residential zone districts, construction cannot be done except between the hours of 7 a.m. and 7 p.m., Monday through Saturday. Whether the entire site is in a residential zone district or not, residential zones are adjacent to and surrounding the site, so these hours shall be adhered to. 14 22. The Applicant shall consult the Environmental Health Department for review and approval of pool and spa plans and specifications (complete with piping layout, equipment and mechanical specifications along with design calculations) at least 30 days before issuance of a building permit. 23. The Applicant shall contact the Aspen Consolidated Sanitation District for their recommendation on the proper size of the grease trap. The City of Aspen regulates restaurant grills and the Applicant shall contact the Environmental Health Department to be sure that if a grill is planned, that it complies with City code. 24. The Applicant shall work with the City Engineering Department to resolve an error encountered in the drainage calculations that does not fulfill the requirement of the 90-minute sustained runoff at rates computed by the rational method. The Engineering Department requires the Applicant to revise the proposed drainage collection and corresponding plan prior to the submission for building permits. In addition, the Applicant shall submit adequate soil data as required by the City Engineering Department in order to ensure adequacy of this drainage system. In reference to the foundation drains, soil percolation rates and classifications will be required to confirm the feasibility of the proposed drainage system. RECOMMENDED MOTION: "I move to approve Resolution No. finding that the Final Planned Unit Development for Lot 5, Aspen Mountain PUD, with the conditions stated above, are consistent with the previously approved conceptual plan approval." ATTACHMENTS: Exhibit A Review Standards for Final PUD Development Plan, Subdivision, Condomi'mumization, Timeshare, Conditional Use, Mountain View Plane, Special Review, Land Use Code Text Amendments, and GMQS Exemptions Exhibit B Additional Supplement Material Provided by Applicant Exhibit C Final PUD Application "Appendix" (Handed out early) Exhibit D "Project Summary & Use Plan" Supplement (Handed out early) Exhibit E Final PUD Application Binder (Handed out early) 15 PUD Resolution RESOLUTION No. SERIES OF 2001 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMISSION RECOMMENDING APPROVAL OF THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, CONDOMINIUMIZATION, CONDITIONAL USE FOR TIMESHARE, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, AND GROWTH MANAGEMENT QUORA EXEMPTIONS (GMQS) FOR THE GRAND ASPEN SITE, LOT 5 OF THE ASPEN MOUNTAIN PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737 782-85005 WHEREAS, the Community Development Department received an application from Grand Aspen Lodging, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vann Associates, requesting Final Planned Unit Development (PUD) approval for Lot 5 of the Aspen Mountain PUD (hereinafter "AMPUD"); and WHEREAS, Grand Aspen Lodging, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final PUD to include Final PUD Development Plan, Subdivision, Condominiumization, Timeshare, Conditional Use, Mountain View Plane, Special Review, and GMQS Exemptions; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 5 of AMPUD, received Conceptual PUD approval for AMPUD on December 6, 1999 which is memorialized through Resolution No. 111, Series of 1999; and WHEREAS, Top of Mill Investors, LLC, owner at the time of Lot 5 of AMPUD, received Amended Conceptual PUD approval for AMPUD on May 29, 2001 which is memorialized through Resolution No. 47, Series of 2001; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Waste District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking department, the City Water Department, and the City Electric Department reviewed the development proposal for Lot 5 and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval of the Final Aspen Mountain PUD land use requests for Lot 5 with conditions; 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 Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and 16