Loading...
HomeMy WebLinkAboutminutes.apz.20001024ASPEN PLANNING & ZONING MEETING OCTOBER 24~ 2000 COMMISSIONER, STAFF and PUBLIC COMMENTS ........................................ 2 DISCLOSURE OF CONFLICT OF INTEREST ..................................... ,, .............. 2 1430 RED BUTTE DRIVE STREAM MARGIN REVIEW .................................... 2 VARIOUS MINOR LAND USE CODE AMENDMENTS ..................................... 3 ST. MARY'S .............................................................................................................. 5 ASPEN SKIING COMPANY CONDITIONAL USE ............................................. 6 j ASPEN PLANNING & ZONING MEETING OCTOBER 24, 2000 Chairman Bob Blaich called the meeting to order at 4:30 p.m. with members Jasmine Tygre, Steven Buettow, Ron Erickson, Ron Haneman and Eric Cohen present. Staff in attendance were: David Hoefer, Assistant City Attorney; Joyce Ohlson, Chris Bendon, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER, STAFF and PUBLIC COMMENTS Jasmine Tygre stated that she would miss Tim Mooney and Roger Hunt on the Planning and Zoning Commission. Chris Bendon noted an In-fill meeting on 10/26/00. Joyce Ohlson asked the commissars for preference on the 1st or 3rd of December for the Hunt/Mooney party to be held at the Aspen Art Museum. DISCLOSURE OF CONFLICT OF INTEREST Ron Erickson announced that he and his wife lived at the base of Aspen Mountain in the Mountain Queen and had unresolved issues with the Ski Company from previous approvals. 1430 RED BUTTE DRIVE STREAM MARGIN REVIEW Bob Blaich opened the Stream Margin Review on 1430 Red Butte. Nick Lelack introduced Kim Raymond, Architect, who represented the owner, Annette Keller. Lelack explained that the proposal was to add about 1800 square feet to the existing residence, which was zoned R-30 along the river. He said that the entire development avoided the 100-year floodplain and the site was absolutely flat without vegetation. Lelack said the proposed development was over 16 feet from the top of slope and met that important 45° angle from the top of slope. Lelack said that the applicant wanted to discuss the conditions of the fisherman's easement, hook into the city's water system requirement, and the house sprinkled, if it was over 5,000 square feet. Kim Raymond stated that the owner would prefer to remain with the current well and not hook into the city water. The Commission directed the well and water problem back to the Water department because they did not feel it was their purview. Raymond stated that house would not be built out at this time but at a later date. Raymond said that the Fire Marshall would require the house to be sprinkled when it became 5,000 square feet. 2 ASPEN PLANNING & ZONING MEETING OCTOBER 24~ 2000 MOTION: Ron Erickson moved to approve P&Z Resolution #00-51 for the Stream Margin Review 'for the Keller residence at 1430 Red Butte Drive finding that all the review criteria have been met with conditions. Jasmine Tygre seconded. APPROVED 6-0. CONTINUED PUBLIC HEARING (10/17/2000): VARIOUS MINOR LAND USE CODE AMENDMENTS Bob Blaich opened the public hearing. Chris Bendon noted that this was the continuation of subsequent public hearings on the Land Use Code Amendments. Bendon explained that last week's discussion included a proposal to create a process for development fights for a parcel of land that had no development rights associated with it; to create an open space parcel or a parcel for future affordable housing. Bendon stated that the remaining sections for review were to the hotel definition, a section of environmental sensitive areas including an amendment procedure and to the affordable housing zone district. ~'~ Bendon said that the hotel definition pertained to all hotels and lodges in town that were not in the LP system. If an individual owned a lodge unit in the LP system, that owner could occupy that lodge unit for 6 months out of the year. Bendon said that the old definition of a hotel unit was that it was always available on short-term basis and an owner had no rights to stay longer. There were several condo/hotels in town and there needed to be a necessary provision in the code for an owner's usage of that unit. Bendon said that the fractional ownership should still function as a lodge with short-term rental with mm over for hotbeds' and still function as a lodge. Bendon stated concern for the "in between" when one unit owner removed the unit from the rental pool so it no longer functioned as lodge unit; this code amendment wanted to target that sort of thing from happening with a condominiumized units. Jasmine Tygre stated that there was an IRS tax benefit for certain properties; she asked if this could be tied to those requirements for these rental properties. Ron Erickson asked how "seasonality" was handled; the definition needed to make the units available on a short-term basis. Bendon answered that there were many opinions but looking at the condo declarations could state the rental rules; the enforcement issue was a difficult one. Erickson said that the condo declarations would be propagated as part of the condominiumization program. Bendon 3 ASPEN PLANNING & ZONING MEETING OCTOBER 24, 2000 explained that currently the plat was reviewed for use. Ohlson responded that there would be a requirement to check the plat and condo declarations, which were recorded and ran with the property. Bob Blaich asked which of the options were the best. Roger Haneman stated that the more rooms taken off the short-term rental market in the sunmaer mean not being able to find a place to stay for the night; the more people that Aspen tums away, the more people that will not return to town because of the lack of short-term rentals. Tygre stated that there was a different ownership of a condominium as opposed to a condominiumized hotel. Tygre stated that preserving the hotel usage would encourage people to stay longer. Erickson stated that he did not see a market for people buying the units to use for 2 weeks a year; he said that they wouldn't make any money on investment property. Tygre stated that the goal of the ordinance was not to make a profitable investment for someone. Erickson asked how to handle the ownership issues. Pamela Cunningham, public, stated that she was the manager of the Aspen Alps. Cunningham said that the Alps, which had no bearing on this situation, used the time periods between the of June 15th to September 15~h and December 15~h to April 15th for owners to make their units available to the public. Cunningham stated that the unit must be available for rental for 110 days between those two periods. David Boothe, public, stated that he was with East/West Resorts. Boothe asked if the units had cooking capability. Boothe stated that they managed the Inn at Aspen, which was a condomiumized hotel with the declarations that stated that there were a certain number of days in the winter season (30-35 days) that the owners could not use their unit. Boothe said that it was more self-regulating without cooking facilities in the units. Bendon stated that by definition, hotel units did not have kitchens; LP units could have kitchens. Bendon stated that this would be re-noticed and it would create a new section of the code. Cohen noted that the definition should include maximum use rather than make available for rent because of enforcement. Bendon stated the process for ESA was to be approved at a staff0r administrative level of review as insubstantial. There were criteria with exemption rules when P&Z review was appropriate. 4 ASPEN PLANNING & ZONING MEETING OCTOBER 24~ 2000 ~ MOTION: Ron Erickson moved to recommend City Council amend the Laud Use Code as described in Resolution #42, series 2000 to amend Section 26.435.100 of the MuniciPal COde. Eric Cohen seconded. APPROVED 6-0. Bendon stated that the Affordable Housing Planned Unit Development was adopted a year ago and most of this section refers to the PUD review. All of the requirements will be established and listed in the PUD. Bendon suggested some guidance needed in the Floor Area and Density tables, which were based upon the parcel size. Bendon stated that the it was important that it did not go forward into the PUD but would correlate AH with the PUD a little clearer. MOTION: Ron Erickson moved to recommend City Council amend the Land Use Code as described in Resolution #42, series 2000 to amend Section 4, Section 26.710.110 Ail PUD of the MuniciPal Code. Jasmine Tygre seconded. APPROVED 6-0. MOTION: Ron Erickson moved to recommend City Council close or remove the issues on hotel definitions to the Land Use Code. Erie Cohen seconded. APPROVED 6-0. PUBLIC HEARING: ST. MARY'S Bob Blaich opened the public heating on the St2 Mary's PUD. Public Notice was provided. Fred Jarman stated that P&Z was charged with the PUD, which incorporated 3 elements: encroachment into the Pitkin County Courthouse view plane #1; a variance for building separation, which can be established in the PUD; to allow the dwelling unit above the 3 car garage a conditional use in the Commercial Core, which was allowed with the historic structures, the church and rectory. HPC reviewed the design of the building and the additions to the building. Jarman provided photos with the view planes and staff reserved decision until the story poles were erected. Staff reviewed the whole site. Ohlson shoWed the backdrop from Exhibit #4 and the model was adjusted to show the view plane. Jarman stated that HPC conceptually discussed the project and approved it but the view plane was not reviewed by HPC. Deanna Olsen, architect, stated that the church wanted to keep the open space with a'2 story building as close to the rectory as close as possible. Olsen said that HPC 5 ASPEN PLANNING & ZONING MEETING OCTOBER 24, 2000 suggested the roof pitches be higher to ~24 feet to match the rectory addition, the view plane was breached by 3 foot 7 inches. Olsen said that there was a 7 foot space from the liliac bushes to maintain them. Steven Buettow asked why the garage and residence wasn't the same height. Deanna Olsen replied that the garage door at 8 feet instead of 10 feet would not allow SUVs the ability to clear the operating mechanism with an 8 foot door. No public comments. Eric Cohen stated that the plan seemed to be well thought out with the addition of an employee-housing unit. Ron Erickson stated that this was the sort of in-fill project that was being sought with a small price to pay for the slight loss of view plane to house additional staff and employees. Jasmine Tygre agreed. Bob Blaich stated that City Hall already disrupted the Court House view plane; he noted that there was also a big tree, which would not be affected. Blaich agreed that this was a great in-fill project for the right purpose and place. MOTION: Ron Erickson moved to approve Resolution #00-52 recommending approval to the Aspen City Council for the PUD for St. Mary's Church located 104 South Galena Street, Lots A to I, Block 93, City and town site of Aspen finding that all criteria have been met. Jasmine Tygre seconded. APPROVED 6-0. The commission complimented the applicant on the model. PUBLIC HEARING: ASPEN SKIING COMPANY CONDITIONAL USE Bob Blaich opened the public hearing with public notice provided. Nick Lelack stated that there were 4 areas for conditional use approval in the conservation zone district, Lelack said that the ski lift and ski facilities fall under the umbrella. The 2 requests withdrawn were the Aprbs Ski near the Silver Queen Gondola and the office use for the Aspen Valley Land Trust. The 2 remaining requests were for the World Cup and other ski races and the Mountain Services Center at Lift IA. Lelack stated that the first request was for the World Cup and other Alpine Ski Races with the Special Events requests still needed. The second part, the Mountain Services Center at the base of Lift 1 A; photos were provided of the proposed facility. This facility would enclose the dumpsters and create a storage area for the ASPEN PLANNING & ZONING MEETING OCTOBER 24~ 2000 upper mountain restaurants with dense landscaping. Lelack stated that the building would be built into the hillside. There were several conditions of approval in the resolution; one was with the increased truck impact (56 track trips) on Aspen Street would revoke a warranty that the city has for maintaining that street, it was just fixed with a 15-year warranty. The condition included repair or replacement to mitigate that 15-year warranty. Lelack said that about 73% of the increased truck deliveries would occur between 4:30 and 6:00 a.m.; the condition recommended that the deliveries not begin prior to 7:00 a.m. to accommodate for the noise imPacts. Lelack said that there was no employee mitigation necessary since this was storage. Jasmine Tygre asked why the ski racing was a land use approval. Lelack responded that much of the ski racing occurred in the county but the operations for the special events were in the city. Ohlson stated that the conditional use process would acknowledge the ski racing events of the Aspen Skiing Company coupled with the Special Events Permit Review Committee for lighting and other matters or issues with the city for approval. Bob Blaich noted letters from the public placed into the public record and copies were provided to the applicant. Bill Kane, planning director of planning for the Skiing Company, stated that Victor Guerder would explain the World Cup bleacher seating. Grueder stated the configuration and size of the bleachers, setup and teardown and finish area and race course. Paul Taddune, public, asked if the World Cup races would be at Lift lA with a permanent site. Grueder stated that it would be no more permanent than it already was. Run Erickson stated that the statement should be made that it would not be permanent. Don Crawford, public, stated concern for the base of the Gondola and requested the resolution contain conditions; he asked that the music and beverage services cease at 6 pm. Kane responded that the request for Aprbs Ski was withdrawn. David Hoefer noted that only the 2 Special Events were allowed in 1 location at a time. Mary Ellen Sheridan, public, asked about the Special Events and David Hoefer clarified there was a Special Events application permit for this event'with many different activities. 7 ASPEN PLANNING & ZONING MEETING OCTOBER 24, 2000 David Boothe, public, stated agreement with the other public comments. Boothe said that the bleachers would come down and would not be permanent. Mickey Spaulding, public, stated that he represented Shadow Mountain Town Homes. Spaulding said that there was traffic and parking control during races in the past and asked if that was planned as well for the future plans. David Hoefer answered that there would be parking control; he said that the Special Events Committee met today on the very subject. The commission wanted to separate the two issues. Lelack stated that there would be two resolutions, one for the World Cup and one for the Services Lift lA area. Erickson stated that he wanted a condition that added all structures of a non- permanent nature would be removed according to the timetable for the World Cup event. He said that he did support the World Cup. Kane responded that many of the things associated with the World Cup were imposed standards by the FIS Committee; the broadcast facility, timing building, scoreboard and other facilities were basic requirements. Kane stated that in Europe there were 30,000 to 40,000 people attending the FIS events. MOTION: Ron Erickson moved to approve P&Z Resolution #00-53 the conditional use for the World Cup and other alpine ski races on Aspen Mountain finding that the criteria have been met with conditions. Roger Itaneman seconded. Buettow, yes; Tygre, no; Erickson, no; Itaneman, yes; Cohen, yes; Blaich, yes. APPROVED 4-2. Discussion of motion: Tygre stated that she did not feel there were the regulatory powers necessary but she said that she was in favor of keeping it as a special event basis. Kane stated that the request was for conditional use approval for a subterranean enclosure for a service area for the recycle bins from the 3 Aspen Mountain restaurants; a compactor dumpster facility and some refrigeration units to allow food delivered to the base and transferred up by snow cat. Kane provided a rendering of the site where a high retaining wall now exists with a temporary metal stair. Kane said there would be further excavation into the hill and move the retaining wall further up hill and place a roof over this facility with garage doors. Kane said that currently all of the shipping and receiving was on Spring Street, which services the Little Nell ~-" Hotel and the 3 mountain restaurants. Kane said there was difficulty in this area at the 8 ASPEN PLANNING & ZONING MEETING OCTOBER 24~ 2000 Little Nell; Lift lA was the point of service prior to the Little Nell location. Kane stated that this was an expensive and well-designed manner; they would schedule deliveries for the middle of the day as to not impact neighbors. John Sales stated that the facility would be buried into the hillside with the ability to get a truck into the area with two buildings to improve efficiency. Sales stated that this would improve the site with landscaping; they have met with the Holland House, Skiers Chalet and other neighbors. Glenn Rappaport explained the architectural specifications of the buildings and utilized drawings to show the area. The construction would begin in the spring, if approved. Buettow asked if the service area would be new and what the difference was in the truck trips from 3 to 56 per day. Kane responded that the individual deliveries for the food service tucks and solid waste would generate the additional vehicle trips. Sales stated that those numbers were based on the deliveries to the Little Nell and would bring the deliveries to Lift lA for the restaurants reducing the Little Nell deliveries. Erickson stated that there was no mention that this was the steepest street in Aspen; this was an 8° slope road. Kane answered that on the days that this street would not be accessible because of snow, they would have to take deliveries to the Little Nell or come back another day. Kane said there was enough turn around for a 30-foot vehicle, which would be largest tracks allowed. Mary Ellen Sheridan, public, stated that she would like to reject the project just for the 3 trips per week to 56 trips, which was an unreasonable request for the neighborhood to endure. Nancy Levine, public, stated that she lived at 701 Monarch, adjacent to Lift IA. Levine stated a strong objection to this project; it was inconsistent with the neighborhood character. She noted that there was no commercial development in the neighborhood, it was solely residential and they wanted to keep it that way. Mickey Spaulding, public, stated that there were letters from the Shadow Mountain Association with concerns for safety and noise. The commissioners stated that they had read the letters from Timothy Tucker, Shadow Mountain Town Homes, Robert Scherer, Robert O'Neill, Garfield & Hecht and David Weatherby. There was a request for more landscaping information. 9 ASPEN PLANNING & ZONING MEETING OCTOBER 24, 2000 Chad Schmidt, public, stated that he represented the Caribou Condominium Association. Schmidt submitted a letter from the owners concerning the neighborhood with the increased amount of deliveries, which would impact the neighborhood more. Pamela Cunningham, public, stated that that she was the general manager of the Aspen Alps. Cunningham said that they supported this proposal from the Aspen Skiing Company because this was represented in the original SPA to alleviate the Little Nell truck delivery traffic; there was no discussion at that time of servicing all of the mountain deliveries at the Little Nell. Cunningham stated that the historic method of deliveries and service was at Lift lA. Lelack stated that the Delinsek brothers came to express their opposition to this project but could not stay for this meeting. The commissioners discussed that the truck traffic that was not wanted in any neighborhood. There were no limitations on the number of deliveries under this scenario; how the deliveries would get from the base of the mountain to the top of the mountain. Sales stated that snow cats were used to transport the trash down from the mountain restaurants. Eric Calderon responded that the dry goods would be stored at the Loft lA site. MOTION: Roger Haneman moved to extend the meeting to 7:30 pm. Eric Cohen seconded. APPROVED 5-1. Tygre stated that the commission was to determine whether the criteria were met for the conditional use for this proposal in the conservation zone district. She stated that the location, size, designs, operating characteristics of the proposed conditional use minimized the adverse effects on surrounding property owners. Tygre noted that there was opposition from the neighborhood and that the impacts would be significant to the neighbors. Kane responded that the alternative of no approval would mean that the dumpster would be operated in the open as opposed to the enclosed facility. Kane said that this was a public street and they could have deliveries at any time and take the goods up by snow cat from trucks at anytime of the day or night. Kane said that they tried to mitigate the impacts and take off some of the deliveries from the Little Nell. Cohen questioned what was driving this move from the Little Nell area and 10 ASPEN PLANNING & ZONING MEETING OCTOBER 24~ 2000 voiced concern about the safety aspect of Aspen Street; he did not want to encourage more traffic on that street. Kane responded that on the days when travel was dangerous on that street, then they would use the little Nell. Bart Levine, public, stated that there was very little control over the number and frequency of delivery trucks on that street. Blaich asked for clarification about the deliveries being transferred from the Little Nell to Lift lA regardless of the approval of this facility or not. Kane replied that was correct. Erickson stated that this was the easiest solution for the Ski Company but he said that he did not think that it was the only one. Erickson stated that this residential neighborhood hasn't been impacted for 15 or 20 years; Ruthies wasn't there at that and the Sundeck and Grettles were much smaller at that time with much less impacts on the neighbors. Erickson said the number of deliveries carmot be compared to 20 years ago; the streets were very steep and the sanding program was a city program. Ohlson noted that the set hours for deliveries were between 10 am and 4 pm, which were corrected in the resolution. MOTION: Ron Erickson moved to approve P&Z Resolution #00-54 Aspen Skiing Company conditional use for a Mountain Services Center near Lift lA in the conservation zone finding that the criteria have been met with Conditions. Steven Burttow seconded. Roll call vote: Eric Cohen, no; Roger Haneman, no; Steven Buettow, no; Ron Erickson, no; Jasmine Tygre, no; Robert Blaich, no. DENIED 6-0. MOTION: Steven Buettow moved to adjourn at 7:30 p.m. Roger Haneman seconded. APPROVED 6-0. ff_~2laCkie Lothian, Deputy City Clerk 11 AGENDA ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING TUESDAY, OCTOBER 24,2000 4:30 PM SISTER CITIES ROOM (SITE VISIT TO ST. MARY'S AT 4:00 PM, MEET IN ALLEY BEHIND CITY HALL) I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PLANNING COMMISSION PUBLIC MEETING A. 1430 RED BUTTE DRIVE STREAM MARGIN REVIEW, NICK LELACK V. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS E.�0 A. VARIOUS MINOR LAND USE CODE AMENDMENTS, CONTINUFROM 10/17, CHRIS BENDON B. ST. MARY'S CHURCH PUD AND VIEWPLANE REVIEW, FRED JARMAN C. ASPEN SKIING COMPANY CONDITIONAL USE, NICK LELACK LA VV04, VI. ADJOURN The City of Aspen Planning and Zoning Commission F4* THE CITY OF ASPEN Invites you to a Reception To donor Roger Hunt for his 21 years of service Tim Moonev for his 9 years of service on the Planning and Zoning Commission November 3rd at the Aspen Art Museum- 5:30 PM Hors d' Oeuvres & Beverages MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director- FROM: Nick Lelack, Planner NY RE: 1430 Red Butte Drive - Stream Margin ESA Review - Public Meeting DATE: October 24, 2000 APPLICANT: Annette Keller REPRESENTATIVE: Kim Raymond, Architect LOCATION: 1430 Red Butte Drive ZONING: R-30 CURRENT LAND USE: Single Family Residential PROPOSED LAND USE: Single Family Residential LOT SIZE: 52,415 sq. ft. fi s FjYI�I FJ-iF }i 'if fx� �. This picture shows the river side of the house where the 16-foot addition is proposed. The arrow ` points to the edge of the proposed addition. FAR: SUMMARY: Existing: 3,529 sq. ft. The Applicant is proposing to add an addition to Proposed: 5,363 sq. ft. the back of the house to include a kitchen and Allowable: 7,082 sq. ft porch, a storage area, and a garage to the east side of the house. All of the proposed development avoids the 100 year floodplain, and the 15 foot setback from the top of slope from the river. REVIEW PROCEDURE Development in Environmentally Sensitive Areas - Stream 41argyin: Following the receipt of a recommendation from the Community Development Department, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application in an ESA. 1 STAFF COMMENTS: Annette Keller (Applicant), represented by Kim Raymond of Kim Raymond Architects, is requesting approval to build an addition to an existing house to include a kitchen and porch, a garage to the east of the house, and a storage area. The Land Use Code requires that all "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" be subject to the Stream Margin Review. All of the proposed development is within 100 feet of the highwater line of the Roaring Fork River, and therefore is subject to the Stream Margin Review. The location of the proposed addition is mostly flat, avoids the 100-year flood plain, the 15-foot setback from the top -of -slope, and significant vegetation. The City Parks and Engineering Departments and the Aspen Fire Marshal recommended approval with conditions. Community Development Staff also recommends approval of the application finding that all of the stream margin review criteria have been met. Staff does not believe the proposed development will adversely impact the Roaring Fork River or its riparian area. RECOMMENDATION: approve this Staff recommends the Planning and Zoning Commission Stream Margin Review application. RECOMMENDED MOTION: I move to approve Resolution No. —, Series of 2000, a Stream Margin Review for the Keller residence, at 1430 Red Butte Drive, finding that all of the review criteria have been met, with conditions." ATTACHMENTS: Exhibit A Exhibit B Exhibit C Review Criteria and Staff Findings Referral Agency Comments Development Application 2 EXHIBIT A 1430 RED BUTTE DRIVE STREAM MARGIN REVIEW REVIEW CRITERIA & STAFF FINDINGS 26.435.040 Stream Margin Review. Applicability. The provisions of the Stream Margin Review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100-year flood plain. Stream Margin Review Standards. 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 The proposed development completely avoids the Special Flood Hazard Area. This criterion is met. 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 No areas of historic public use oaccess have existed on the property. The Parks Department has imposed a condition of approval that the Applicant shall convey an underwater fisherman's easement under the existing river water as indicated on the site improvement survey across the property. This criterion will be met with the fisherman's easement. The easement shall be granted and recorded prior to the issuance of building permits. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined r 3 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 Staff Finding The proposed development will not cause the removal of vegetation or damage to any slopes. Conditions of approval in the draft resolution describe construction techniques to protect existing vegetation on the site and near the river. This criterion is met. 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 Staff does not believe the proposed development will pollute or interfere with the natural changes of the river or riparian area. Conditions of approval address site drainage to prevent entry into the river or onto its banks. This criterion has been met. 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 proposal does not include any alteration or relocation of the Roaring Fork River. 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 The proposal does not include any alteration or relocation of the Roaring Fork River. 7. Copies are provided of all necessary federal and state permits relating to work within the one -hundred -year floodplain; and Staff Finding The proposed development is not within the 100 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. (See Figure "A" below.for illustrative purposes); and Staff Finding The proposed development is not within the 15-foot setback from the top of slope or high waterline. 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 (See Figure "A" below for illustrative purposes); and Staff Finding The proposed addition and garage do not exceed the height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. This criterion is met. Development Anwed within progressive height limit 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 Staff does not believe a landscape plan is necessary because the only vegetation that will be disturbed is non-native grass surrounding the residence. The Applicant has represented that the existing landscaping will be replaced after the completion of construction. 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; and ` 5 Staff Finding The property must comply with the City's lighting code, which will be in full force and effect this November. According to the application, all exterior lighting will be low and downcast with no lights directed towards the river. 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 This criterion has been met; the site sections are included in the application, and have been verified by the City Engineer's Office. 13. There has been accurate identification of wetlands and riparian zones. Staff Finding This criterion has been met; the riparian areas have been identified and verified by the City Engineer's Office. $ RESOLUTION NO. _ (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE STREAM MARGIN REVIEW FOR ADDITIONS TO THE KELLER RESIDENCE AT 1430 RED BUTTE DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-013-02-006 WHEREAS, the Community Development Department received an application from Annette Keller ("Applicant"), represented by Kim Raymond of Kim Raymond Architects, for a Stream Margin Environmentally Sensitive Area Review for an addition to an existing. residence and a storage shed 1430 Red Butte Drive; and, WHEREAS, the subject property is approximately 52,415 square feet, and is located in the R-30, Low Density Zone District; and, WHEREAS, the Planning and Zoning Commission may approve development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and all development within the Flood Hazard Area, .also known as the 100-year flood plain if the Commission makes a determination that the proposed development complies with all review criteria set forth in Section 26.435.040(C) Stream Margin Review; and, WHEREAS, the subject property and proposed development are located at an within 100 feet of the Roaring Fork River's highwater line and floodplain; and, WHEREAS, the Community Development Department recommended approval of the Stream Margin Review with conditions; and, WHEREAS, the Planning and Zoning Commission approved, by a _ to vote, the Stream Margin Review for additions to Keller Residence at 1430 Red Butte Drive, with conditions recommended by the Community Development Department; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the Stream Margin Review for 1430 Red Butte Drive is approved with the following conditions: a. A copy of the final recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. The building plans shall demonstrate an adequate fire suppression system for fire protection approved by the Aspen Fire Marshal. The addition will require fire sprinklers as stated in the Fire Code because the total square footage of the house will be over 5,000 square feet. The existing house will be required to be sprinkled when the remodel is proposed. 2. Prior to issuance of a building permit: a. The Applicant shall grant to the City a fisherman's easement granting public fishing access within the high water boundaries of the Roaring Fork River course via a recorded "Fisherman's Easement," pursuant to the City of Aspen's Land Use Code Section 26.43 5.040 Stream Margin Review. b. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. c. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. d. 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. The Applicant shall connect to the City's Water System and pay tap fees to be in compliance with the Municipal Code. e. The City Engineer shall approve the grading and drainage plan for the parcel, including the proposed addition and garage. f. The Applicant shall submit and the Environmental Health Department shall approve a fugitive dust control plan to ensure that dust does not blow onto neighboring properties or get tracked onto adjacent roads, if required. g. Run-off from the site during construction must be prevented by detention ponds, hay bales, or similar methods to be approved by the City Engineer, if required. h. 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, if required. 3. No excavation or storage of dirt or material shall occur within tree driplines. 4. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the parking limitations of the area. The applicant shall inform the contractor of this condition. 5. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 6. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 7. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 8. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 9. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 10. For the purpose of maintaining the integrity of the Roaring Fork River's riparian area, the applicant shall erect silt fencing to protect the riparian area until the completion of all construction and sign -off by the Building Inspector. 11. Outdoor lighting shall meet the standards set forth in Section 26.575.150 of the Land Use Code. 12. Any changes to the design or representation made to staff or the Commission in this application for development within the ESA area must be formally accepted as an amendment to this ESA approval. 13. Historic drainage patterns and flow rates must be maintained. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be t ,_ deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 24th day of October, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk FA1430 Red Butte reso.doe Robert Blaich, Chair E---fml 6 tr MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Date: July 19, 2000 Re: Keller Stream Margin Review The following comments are from the July 19, 2000 DRC meeting which involved the stream margin review for the property located at 1430 Red Butte Drive which involves a house remodel and addition. 1. Aspen Fire Protection District — Requirement — The following requirement was given by AFPD: a. The addition will require fire sprinklers as stated in the Fire Code because the total square footage of the house will be over 5,000 square feet. The existing house does not need to be sprinkled until a remodel is done within the existing section. 2. Parks — Requirement — The following requirements have been given by the Parks Department: a. The proposed expansion on the north and south side of the house comes close to significant existing trees. The contractor will be required to place construction fencing 5-10 feet from the dripline of the trees for protection during construction. b. No excavation is permitted within the dripline of the existing trees. c. No storage of materials is permitted within the dripline of existing trees. d. Silt fencing must be placed at the top of slope and remain until construction is complete. e. No construction, landscaping, or alteration is permitted beyond the top of bank. Request — The following request has been submitted by the Parks Department: a. There needs to be an underwater fisherman's easement under the existing river water as indicated on the site improvement survey. 3. Engineering — Information — The following information has been provided by the Engineering Department: a. The submitted documents are incomplete and inefficient for the required review. The following items need to be clarified and reissued: 1. Flood Plain Delineation 2. Slope height — top of water elevation to the top of slope. This will determine the slope ratio that will therefore indicate what the minimum shear plane will be. A minimum ratio of 1:1 is required for stable soils. 3. A licensed surveyor must determine the property top of slope elevation using a 3 point cross section which will determine the average slope height. DRC Attendees Staff: Nick Adeh Applicant's Representative: Nick Lelack Ben Ludlow Ed Van Walraven Denis Murray Date: Wed, 4 Oct 2000 16:24:33 -0600 (MDT) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2.1.2 To: nickl@ci.aspen.co.us From: Phil Overeynder <philo@ci.aspen.co.us> Subject: 1430 Red Butte Drive Cc: ryanm@ci.aspen.co.us, benl@ci.aspen.co.us, AandCcfc@aol.com Nick, I checked our records on 1420 Red Butte. It is currently on a well. A number of properties in the .Red Butte neighborhood are served by wells since it was annexed after the area was developed. The municipal code requires all uses within the City to be served by City water. Where there are water lines that serve a parcel, it would be necessary to connect to the City's water system and to pay tap fees to be in compliance with the municipal code. Phil 10/13/00 ACTION: Amendment to the Land Use Code Standards applicable to a land use code text amendment: A. Whether the proposed amendment is in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. May 12, 2000 Attn: Aspen City Planning and Zoning Please accept this Stream Margin Review application. The property is located at 1430 Red Butte Drive in Aspen (Block 1, Lot 5 Red Butte Subdivision). The proposed project is a home remodel and addition. Kim Raymond of Kim Raymond Architects will be acting as my representative during this process. She can be reached at 925-2252. Her mailing address is 412 N. Mill St in Aspen. Thank you. Annette Keller 1430 Red Butte Dr. Aspen, CO 81611 925-4039 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 12.13.99 PROJECT: Keller Stream Margin Review REPRESENTATIVE: Kim Raymond. 925.2252 OWNER: Annette Keller, 1430 Red Butte Drive TYPE OF APPLICATION: 1 step - ESA approval by P&Z DESCRIPTION: The applicant wishes to build an addition to an existing house along the Roaring Fork River in excess of the amount allowed under the exemption provision. A phased development should describe all possible phases to be included in the review. Land Use Code Section(s) 26.435.40 Stream Margin Review 26.304 Common Development Review Procedures Review by: Staff for completeness, Referral agencies for recommendations, Planning Director for a recommendation to P&Z, Planning and Zoning Commission for final review. Public Hearing: NO. Referral Agencies: Engineering, Parks, Building, Fire Department Planning Fees: Planning Deposit ($1,110) Referral Agency Fees: Engineering, Minor ($160) Total Deposit: $1,270 (additional hours are billed at a rate of $185/hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 15_Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Survey must be current (within one year) and must show extent of 100-year flood plain. 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ASPEN/PTIXIN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter. THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing :he application. APPLICANT and CITY further agreee that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when thev are necessary as costs are incurred. CITY agrees it will be benefited through the Greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY stair to complete processing or present suf tcient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect Full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the amount of S which is for hours of Community Development staff time. and if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By:, G a- Yoie Ann Woods mmunity Development Director APPLICANT l By: Date: vu Mailing Address: /y3 s 4 �1�� I LAND USE APPLICATION On^ lcr--re - APPUCANr. Name: Address: )f-.30 RgEV &7T-itr- I Phone 4: r77 Z22 REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ ❑ ❑ ❑ ❑ Conditional Use Special Review Design Review Appeal GMQS Allotment GMQS Exemption ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, ❑ ❑ f7 ❑ ❑ r7 Conceptual PUD Final PUD (& PUD Amendment) Conceptual SPA Final SPA (& SPA Amendment) Subdivision Subdivision Exemption (includes condominiumization) C] F1 C] ❑ ❑ C] Conceptual Historic Devt Final Historic Development Minor Historic Devt. Historic Demolition Historic Designation Small Lodge Conversiox. Expansion Mountain View Plane C3 Lot Split ❑ Temporary Use ❑ Other: f7 Lot Line Adjustment C] Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) yovsg- —? R)'OtIAL� &�/Jqouco; svyCD --576K C- PROPOSAL: (description of proposed buildings, uses, modifications, etc.) LIU11V6 SAV-Ca77 Have you attached the following? Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form 14 Response to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application FEES DUE: S /P0,00 Project: Applicant: Location: Zone District: Lot Size: ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM 0- Lot Area: -�� y / T F7 2- (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N111 Proposed: � Number of residential units: Existing: Proposed. - Number of bedrooms: Existing: Proposed. Proposed % of demolition (Historic properties only): // DIMENSIONS: Floor Area: Existing: , 21 Allowable: 708-L Proposed: Principal bldg. height: Existing: 1. `-/ Allowable: __Proposed.• J Access. bldg. height: Existing: It Allowable: '� Proposed: On -Site parking: Existing: `/ Required.•_ Proposed: Site coverage: Existing: 3,61c Required: Proposed: f 70 % Open Space: Existing:_ Required: Proposed: Front Setback: Existing. Required: J,�' Proposed:5— Rear Setback: Existing: Required. Proposed: _—_ Combined F/R: Combined 'Existing:_ L Require& Proposed: l l e Side Setback: Existing: Required. /Q Proposed: T Y Side Setback: Existing__Require& Proposed: YT Combined Sides: Existing: % 0 Required: Proposed. �?_ Existing non -conformities or encroachments:�p Response to Attachment 3 Project: 1430 Red Butte Dr. Applicant: Annette Keller Minimum Submission Contents 1) See cover letter containing name, address and phone number of representative. 2) Street address and legal description of parcel on which the proposed development will occur: 1430 Red Butte Dr. Lot. 5, Block 1 Red Butte Subdivision 3) The following legal agreements showing ownership and affecting property are attached: - Original Deed of ownership by Martin and Florence Keller - Original Title Insurance issued to Martin and Florence Keller - Letter from attorney handling estate settlement for Martin and Florence Keller stating that the title of the property will be conveyed to Annette Keller and Janyce Austin (sister) as co -owners. A copy of the title insurance as conveyed to Annette Keller and Janyce Austin will be forwarded as soon as it is completed. - Commitment for title insurance conveyed to Annette Keller and Janyce Austin - Lot Line Adjustment Plat for Quit Claim Deed Registered 12/11/87 - Title Insurance for above Lot Line Adjustment Note: existing utility easements are shown on the site improvement survey in part 5 below. 4) Two vicinity maps of lot are attached. 5) A site improvement survey showing buildings, easements, trees, river bank, high water line, 100 year flood plain. Kevin D. Millard kdmiUw%I rnillhunzcom Laurie A. Hunter &hxnteY@mdL6nr.com Patrick M. Plank pmplankOnillhunt.com Millard & Hunter, P.C. Attorneys at Law 6025 S. Quebec Street, Suite 330 Englewood, Colorado 80111-4596 November 22, 1999 Telephone: 303/843-9670 Facsimile: 303/773-0914 wwmmiUhunt com ViA FAcs m - 970-925-6929 Ms. Annette S. Keller 1430 Red Butte Drive Aspen, CO 81612 Re: Title to Real Property Located at: 1430 Red Butte Dhive, Aspen, Colorado Dear Annette: Pursuant to our telephone conversation, I am writing to confirm that, as we discussed, the property located at: 1430 Red Butte Drive, Aspen, Colorado, belongs to you and your sister, Janyce Austin. That property was previously titled in the names of your parents, as joint tenants. Both of them are now deceased. Under the Colorado Probate Code, title to property theoretically passes at the time of death to the persons entitled to receive it, but subject to the process of estate administration. As you know, your parents' estates are currently being administered, and record title has not yet been changed to the names of you and your sister. However, as part of the process of administering the estates, record title will be conveyed into the names of you and your sister. If you need any An-ther information, please give me a call. Sincerely, Kevin D. Millard KDM:sI GAW PDOMK ELLER EM 1122. LTR APR. 5.2000 12:03PM PITKIN COUNTY TITLE NO.8565 P.1 COMMUMENT FOR M LE SCHMULE A 1. Effective Date: March 10, 2000 at 8:30 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed- Insured: (b) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. POT-3074PR Amount$ 0.0� Premium$ 0.Q0 Rate: Amount$ 0.0 Premium$ 0. 0 Rate: Tax Certificat : $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ANNETTE S. KELLER and JANYCE ELAINE AUSTIN . 4. The land referred to in this Commitment is situated in the County of PITKIN Stat of COLORADO and is described as follows: LOT 5, BLOCK 1, RED BUTTE SUBDIVISION, according to the Amended Plat recorded in Plat So* 23 at Page 74, PTTKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-923-6527 'PAX AUTHORIZED AGENT Schedule A PG.1 P is Commitment is invalid ur less the Insuring P visions and Schedules A nd B are attached. 4 APR. 5. 2000 UAW PITKIN COUNTY TITLE di NO.8562 P. 2 SCHMUILE B - SECnON 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured mu be executed and duly filed for record to -wit THIS COMMITMENT IS FURN46HED FOR INFORMATIONAL PURPOSES O Y, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUE D AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESE RVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BEUEVEjALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. MIR. 5.2000 11:08AM PITKIN COUNTY TITLE NO 8562 P. 3 SCHEDULE B SEC71ON 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 17 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, anti facts which a correct survey and inspection of the premises would disclose and which are not shown �y the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter mished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. S. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district_ 7 . Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States) Patent recorded August 17, 1989 in Book.55 at Page 5. 8, Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for RED BUTTE SUBDIVISION recorded September 23, 1960 in Book 191 at Page 598 and Amendments thereto recorded in Book 371 at Page 116 ar�, d Book 393 at Page 200 202 and Book 412 at Page 638 Book 416 at Page 695, Book 505 at Page 360, E ook 505 at Page 967, Book 507 at Page 594 and Reception No. 390385, deleting therefrom any restric tions indicating any preference, limitation or discrimination based on race, color, religion, sex, handi ap, familial status, or national origin. 9. Easements, rights of way and all matters as disclosed on Plats of subject property recorded in Ditch Book 2A at Page 259 and Plat Book 23 at Page 74. 10, Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded in Book 606 at Page 798 and Book 727 at Page 888. u h= . 5.2000 11:09AM PITKIN COUNTY TITLE NO.8562 P. 4 ADDMONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. ! (2) Water rights, claims or title to water. (NOTE. THiS EXCEPTION WILL APPEAR N THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that tientity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the nsured under the terms of the policy, A satisfactory affidavit and agreement indemnifying the Company ag inst unfilled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached c py of said affidavit must be fumished to the Company. Upon receipt of these items and any others requi ments to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from th Owner's policy when issued. Please contact the Company for further information. Notwithstanding ttie foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon a�y title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances v�lhere it is responsible for the recording or filing of legal documents from said transaction, the Company A be deemed to have provided "Gap Coverage". 1 Pursuant to Senate Bill 91-14 (CRS 10-11-122); � (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may a obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Asses or. NOTE: A tax Certificate will be ordered from the County Treasurer by the CompanYl and the costs thereof charged to the proposed insured unless written instruction to the contrary are rebeived by the company prior to the issuance of the Title Policy anticipated by this Commitment. I This commitment is invalid unless Schedule B-S ction 2 the Insuring Provisions and Schedules Commitment t1lo_ PCT-3074PR A and B are attached. II d. d ** C00'3911d ld101 ** TTI.d Im nr.r,i U..,.24.9`+Mf.40. __ A. I). MOP—.t.2���.'d.eh ?�i4 made Uri..hay a JUNE to else }rose Of bur Lord one thousand nine hundred and SIXTY CHARLES E. JEFFERSON of the Cormty of of the County of between WORTH and AM G. WORTH and State of Colorado, of the first part, and MARTIN KELLER and FLORENCE E. KELLER JEFFERSON and state of Colorado, of the fm%tnd part; Witnessetit, That the mid part ies of the first part, far and in eonsidwation of the sum of TEN DOLLARS and other valuable considerations---------3h'iMIR to um! said parties of the first part in hand paid by the said partitac of the second part, the receipt whoreof is hereby con- fowimi and acknow6laed. hn ve granted, harRnined, Wd and Conveyed, and by there pie+acnIs do Fmot, bargni►l, eell, convey and confirm, unto the said partier of the second part, not In tananey in common but in joint tormw.y, the survivor of them, their weigns and the hairs and assign of sash survivor forever, all the following described tot or parcel of land situate, lying said being in the County of PITKIN Rita state of cewaclo, to -nit: A tract of Land situated in the MSWk, Section 1, Township 10 South, Range 85 West of the 6th Principal Meridian described as follows: Beginning at a point whence the SW Corner of said Sec- tion l bears S. 13"07140" W. 2200.70 feet; thence N. 67"25' C. 263.56 feet to the center of the Roaring Fork River; thence S. 13.12' E. 82.92 feet along center of the Roaring Fork River; thence S. 4e52' E. 148.33 feet along center of the Roaring Fork River; thence S. 81"24' W. 239.05 feet; thence along the arc of a curve to the right with a radius of 1389.33 feet, a distance of 70.82 feet (the chord of which bears N. 10"03'30" W. 70.81 feet); thence N. 8"36' W. 12.00 feet; thence along the are of a curve to the left with a radius of 303.18 feet, a distance of 85.02 feet ( the chord of which bears N. 16 038' W. 85.00 feet) to the point of beginning. Containing 1.14 acres; more or less. 4 i 3 To[ethe• with all and singular the hersdituneuts and appurtenances thereinto belonging, or In anywise apimrtaiai and the reversion and reversions, remainder and reins', tiers, rents, issues and Profits thereof; and all the estate, right, titJC,, Interest, claim and demand whatsue.ver of the said part ies►t the fist part, either in law or equity, of, in and to the above bargained premises, with the hersditaments and appurtenances. To Flew sad to Hold the said Premises above bargained and den 6bed, with the appurtenances, unto the said Parties of the gocond part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said part ies of the first part, for themsel vesa theirheirs, executors, and ndministratom, do covenant, ant bargain sad agree to and with the stud parties of the sernnd part, the survivor of them, their amogm and the heirs and amigns of such survivor, that at the time of the eneealing and cidivcry of these parents, they are wou seized of the prnmi," above conveyed, as of good, were, perfect, almlute and indefeasible endues of inheritance, in law, in fee simple, and hn ve Rood right, full power anti lawful authority to grunt, bargain, sell and convey the same in manner and form aforesaid, and that the eamo am free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrnncts of whatever kind or nature mover, excepting taxes for 1960 payable in 1961; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their asldgns and the heirs and amps of such survivor, against all and every person or persona lawfully claiming or to elaiin the whole or any part thereof, the said part ie S of the first part shall and will WARRANT AND FOREVER DEFEND. In Witntllts Whersof, The said part iesof the fast Part hsye hereunto set their hiind 9 and seal s the day aoti you treat above written. &toed, Beaded and Delivered in, the Presence of r^?.cGl(�, ......._.. ... �C�/ ..�..�,^_ _ r......... (.9 EnL) sr or COZOZADa, county The furrgoing ilmrtrumeit was acknowlalRed before me is _._ ._ .•d3—........ _clay of.....�U E __. _ ...... _ 106.0.... by•-,�.. S_E..._WORTH...a>nd_ ANH...G._..WORTEi. _ _�.._............. _ Witnsa MY hand and official as y—_....... ..... Co My commission mn1Ss100 exMI N 1111y 5, 1960 ~ Notary Public. "It cans in oftid ar rtrwnent.ikv Capacity. i..ert n.1ne sad aho offs" or rapadtr nd l.r whom noting. Is"-R[VIsto WARRANTY DEED To JOINT TENANTS-71w G F. ]leothal DVat be" d i,itha Co., Dmnr, +C,al& 0C2l0S626SS260L6 01 8208 6C2 coo 09# S83d00S 9NIA ad 80:9I 66,0I LION M►8 Pali — _ �; day of November in the rar \AM tbfa 1 ,� y� one "fl'ni,tehuneirwi tout SIXTY between MIA1t1.1r.S r WO RT11 axi rl ANN G . WOU1.1 of the cleanly of JEFFERSON mod Atate of C-44Mdtr, of the first, port, and F1 Wry.M KELLEM anti FLOMENCE F . iiELLER ,>< tho�Con ' ly of JEI�'FERS0N and f;4Un of Colorado, lit one an+nnd part; Witnessetb, That the said part i e Sot lift anet rout, ter and in coushicrstion lit the sum of TEN DOLLARS and other valuable considerations-------------ixtlb:ftllm in the said part i eset the riot trart in hand paid by the smut partim of the amend part, the Y"*t trletrrtf is hrrehy con. frond Mul achne,ret1041, ha ve em"tal, Inarmdosed, lonld and eo m7w, wad by thews pro"."tlo, tie greet. lunrgwit, aril, rrfrvey stud rati nlinn, nt.► the snid lvtrtim of the NUMMf port, not in tenancy in minnnvn but in mint tennnry, One Rurv;vow of Morin, their ttrnngno anti the hens and ataigrna of aueh survivor totem, all the following deaeribnt lot tw panxl of land loituale, lying will being in the County of 1`1 M IN and Slate of Gdontle, tn•Kit; All of Lot 5, in Block 1, Red Butte Subdivision, as shown on the Plat thereof recorded as Document No. 11.0235 in Ditch Book 2A at Page 259 of the records for Pitk:in County. Subject to Restrictions recorded as Document No. 110276 in Book 191 at Page 598 of the records for Pitkin County. CtiRR MON DEMr NO DOCLUMENTARY NECT.N"ARY Together wlUi all and singular the heroditaments and apptrrtsnanvm thcrnunto WonOng, or in anywi" sprRtrtainiFig, slid the rercrion and rovernions, remainder and retsainden, rents, issues and profile Utateof; and all the estate, right, Utlo, interowt, claim wool damand whateoo-ver of the nnid part ieset the first Pert, either in law or ttquity, of, In and to Ole above Itargainod pn4disss, with the hornlitarnents and appurten n=es. To Hpa and to Hold the mW premimm above hargairiM and described, with the apportenanem, unto tho weld imrUen of the Wood park, the pervivor of Utem, their atrigna curd! Use heirs and assigns of such survivor formm. And the Bald part l.es of the first park, for them#.K4 ves , their heirs, esorutom end ulmini."tty s, de eovennnt, grunt, Ibtrtain nru( agroe to and with Ole geld rsrtim of the Rreond lard, thr mirvivor of them, their a..Rigns and ore hein and us+igr,R of such Rurvivar, that at the time of the tousling anti delivery of thee• pnatnntR, 0ey are wall ratisal of ihr. pmutd�l above ennm ed, siq of sncfl, enrr, I"fdrt, elaolow Anti 6nlefrneihla rN.1tr of iulteritenrr, in lew, in (no pimple, enl l,we gnat right, full lfuetr Mid (awful nuuf,ritp to grunt, Innrgnin, sell anti nfnvey the aim* in nrunrnr find fnrnn aforoaud, atUd Chet Wo Inme non iten nod clear froin MI former Mid ollier grrhuts, burg,in te►IM liens, Liars, fin m Ain nis and (neudnhrenrer of wlratnver kind or nature a er, except taxe8 for 19;0 payable in 1961; and Ole nbnve (►aptined premises in Litt quint and protepAhn lWWO on of the MM partie! of the s TOW park the Rurvivar of them, their spAgno and kite heirs and amps of such survivor, saline{ all aril every Psreun or 1neto orrt lawfully clahning or to claim the what or any part Ihnreof, the mill part ie9 of the first part mull anal will WARRANT AND ln)IMPUt IaF!' NNll. In 11Ittnew Whernot, The mill part J.t'.t'iuf the first part Ina ve lnerrnnin Ret the —1r S wort KSIS Ole day will )tor first above written. signed, Belo l and Delivered in one Pram of : Z ...._ ......... ' . _:. . . ... ......... ...._...(88AL) »...... _._........ ........_.._................... »...». G77 ........ ....0 � _.»_»............... ......................._.»........_......... ....... ......_»..._....._...... ....... .STATE .»...._._� �.. ,I• ',• 4. � ..._.�.._��_'-�$.� .ear eiot,Oseno, • �i `? ` County of ...tli3 n f Tine fnrr Being dn,Rirtttrnrut rrna ncknnwhl tl before File this..... �� � ., »day rd.»» November G»WUP. � R... »...._........... ` • t, _._.._.._............. _._...». ............ _......................... .»_._»_....._.........� ...____» ,• R� rr. Witnm my band and offtcial local. '0 L illy eonntmeaios oxpireu. JanUa?YY 20, 1Q62 Nita Publie. •Il ttencng In oAidal or -fill roff arati" t nparl1., fifers Mate ail lute orwe w miss f wad f- wl-a set4a. 33!-h.t3cvnsso WARRANTY OCED TO JOINT TENANW—The r- r.11mdd Mink Ant ! U" Coo., Uu.-, CAI& 9, w �5 a • C0i20'd VCZi0S6269926046 01 8208 6C2 COC 09tt SN3d0OS 9N I A 8J L0 c 91 66 , 01 AON NOV 10199 16:07 FR KING SOOPERS #60 303 239 8028 TO 9709256929601234 P.01iO3 .e 61IN � 1 NUMBER P1 24Q AMOUNT $55,700.00 Dated this 28th day of July , 19 60 , at the hour of 2s 32 o'clock P. M. 1. The name of the insured and the estate, or interest of the insured in the p�� described below and covered by this policy is as follows: MARTIN XMUR and FWHENOS E. KELM, not as tenants in common,, but as joint tenants with right of survivorship 2. The property or premises, the title to which is insured, is described or known as follows: A tract of land situated in the NkSW4,9 Section 1. Thmnship 10 South' Range 85 Went of the 6th Primipal Meridian described as followa: Beginning at a Point whence the SW Corner of said Section 1 bears S. 13'0714011 W. 2200.70 feet; thence N. 67*25e E. 263.56 feet to the a eater of the Roaring Fork River, thence S. 13.121 E. 82.92 feet along center of the .Roaring Fork River; thence S. 4*521 E. 148.33 feet along center of the Roaring Fork River; thence 3. 81*241 W. 239.05 feats thence alone the arc of a curve to the right with a radius of '389.33 feet, a distance of 70.62 feet (the chord of vhich bears N. 3D'03e30" W. 70.81 feet) j thence N. 8 *36 i W. 12.00 f set; tbBnce a?.ong the arc of a c urve to the left with a radius of 303.18 feet. a distance of 85.02 feet (the chord of which bears N. 16'38' W. 85900 feet) to the point of beginning. Containing 1.l11 acres more or loan. SCHEDULE ►'B'► Showing defects, liens, encumbrances and other matters against which the Company DOES NOT, by this policy, insure. 1. Rights or dainea of parties in possession not shown of record, including unrecorded easements. 2. Any state of facts an accurate survey would show. 3. Mcclaanics liens, or any rights thereto, where no notice of such Liens or rights appears of record. 4. Taxes and assessments not yet due or payable and special assessments or charges not certified to the Treasurer's Office ,, including all taxes levied,, assessed or certified subsequent to the year 1959 an per Talc Certificate No. 659s dated July 1.5,, 1960. 5. The property is Located in Aspen Firo ig Protection District,, and the property subject to: (at) Annual assessments 'Which are included in the annual general tax aced/or (b) Periodic charges. 6. Amy and all ditch and Hater rights. TMt portion of the above captioned property lying norther3l of the hi.Ph water Iuk of the Roaring Fork River. wa rA 0 /0rS K C�li!'h k S��`i /'' / Tr of JZai 9 S79 L( / 70 log nec p 13 J2 S"T Lf /7 -70 C) jk p Pt 0 iz .70 Milo, I f4 10. 11 =-.!. Z�" 44 got. Oc V t 60 ELL EOE Od '2jamH/CrdV-M IN HObA Hvvv:6 666L-EL-5 Commonwealth (. Land TiLie Insurance Company SCMULE A--OWM' S POLICY CASE NUXUR DATE OF POLICY AMOUNT -OF INSLIWNCE POLICY DER PCT-3074 7/2/9.0 # 8:00 A.M. S 250.000.00 128-013849. 1. NAME OF INSMRrli : �3R1'IN RE LLE1�' A:3D ILORE C E .- FCE•.L�' 4 2. .=: E'STA:'S. Of-IXT�...* ik . Zq':1 :..La•'�'Z� :Ate. Si�S.. i5 Ca ..D BY T S POL:C`I: TS �T �T� .t FEE S r.'iPL.�. STATE OR I TEIREST RZMRR, M TD EERE!N IS AT DATE Or POL r CY V-S . -:) IN : MARTI2 KET.LER, X%*D FLOMNCE E.. EEI►LE.'. 4. TQL" A*iJ ATVERR_.n To iN IRIS POLTCY IS DESCRIBED AS FOLLOWS: LCT 5 . BLOC:{ 4. RED BL':'T� $LTSDIVISION, ACCORDING TO � A ENDLD prA; RECORDED ?N PLAT BDOK 23 AT PAGE 74,. COL'X= OF PwTbT&K!N . STATE OF CcrOR.ADO . r p T :�' COL'SY ': I ::.E . ::�C . 60 : S. ECP;iINNS AVE. C • te: s3stzired ::zed AV= AS?ZN- . CCLOOR.A O 8:S== :3C3) 925-:T66 *"Ur DCL.CY NLMER SHOW ON 'TE_S SCE• - U,- MUST ACR=r W_:'u :':.;r aocngrr�..^ 1TL.svo Oti s c•,Vra gt-rr-Arr rrv► -•► .r . V l 60 ELL SOE Od 12 7iNnH /C!JIVTl T W WON ,:� c =M= i _C' I _q COA�111NEAL7'H OPOLICY NUMBER' AM Na �m 4a 12.8 -415649 OWN]MVS POUCY OF TITLE INSURANCE suwzcr TO r1m V(==t4 MGM COVEWiL THE F=EMONS FROM , COURAGE. COMAMM IN SCMDULE B MMOAS AM =MIAMN& COMMONWEALTH LAM IT= 040W= MANY w. &"a *r*,( Dow of ftL—f shown a Schaduk spind 'Jon or &mMr-, wt ,Cmd g dw Aswmw -lined H-L. So**.& Ali;iltloble A Wag vested oouterthan smupd therain 2.- ijife-0 - -VW 'ibe C'. sy ow =ts. Aumarle I'm and-cq==.umurrad'in defcase of the tide, as imured but C0* to the UM provided - in and A '. - 1W IT WHEREW, CQMMONWEALMT LAND' TITLF- INSURANCF. COMPANY Lu calmd.ja WMmjkm name and seal to be by, its !&dy. =A6dmCd the Pa when itt*midd officer4 theq- m. becom v�� Attest: COMMONWEAUH LAND TITLE JNS7j"RANCE'CONIPANY President tXCLUSIONS FROM C()VIRAGE The rcit.0*1103 m4tt= = OmProdY ctdudad ftm the coverage of this policy and the Caugmay wiB not pay Im or damage, cosL-, attorneys' -fen or axpeam which arise by reason .06. 1.- (2) Any law. Ordi=cft,*F XOVC=mW!1W regulation (including brit .not U6tcd to building and zoning law-, ordjzj==_ ar..M.Plations) ft=i=i*& rermiating. vmhut* or rdating to 0) the QcmTanc_%-, usa. Or C*Ymmt Of the -huuk (u) the char3ew, dhnensicns or Wcmtion of any immonatent now or horaft * er amcd*vn the land:(5`1) a separation im.owu=sbjp-orx change in tbc dimaskas or arai of the land or Any #kvd of which -use load is or. Was * i patt or (iv) Proftotiah . . , of the dfici of aanvi�� of these lawsi ardin or am Vt to the. cxmt ftt a notice of zhe cnforc esu tlteroof en a =tift.Of2-CW=, Vem orenctudbrance raulting in- the public 0) Auy So,"irnptenw-poum pw*erwt mdis&d by (a) above. exc:pt to the extent that a nocke ortbg eaercae thereof ora notice Ora defers . Sen, or eactumbmil= rawun, fito a Vibution or aDeFd Vioiation affe=iag the of Pplky. land has bass recordedrecorded in die public records at Dam 2- RWts. of mimt d=zfn W11= zott= of the =crcisc tbc=f h- beci recorded in the public ni=rds at Date of Policy, but not cccluding from covCrar 2'nY tWWCh hm occutred prior to Date of Poky which would be billdkg 00 tbG tights -Of 2 purdmw for value without 3. Defects Be= brmx=.,. sdvem daims or ad= triattem C=Icd. suffered, at screed to by the insured dairmut: (b) tux knows to the Cdmpany. nw F - " X dad in the public records at Date of Ptylky, but kw" to the insured difimt and not digcjosed in w6fing to the Camexty by the ind daima= Prior to the date the insured claimant became an insured- uadeer this Policy. resit dG9 iu 00 km Oc d*=NW to 9110 kmwd claismut: (d) attaching or c=md subsequent to Data of Policy; or (0) resWtkg in Iow or damage *bkb wm4d wx sustamcd 'tr insured daimant had paid valise by this A for tft JL ..wow Only If Seltedule A. 8 mid Cover An Attacked Ln j } To A lot DIREC Ar N. Am Rd Cf 14 "Wf* MEN* AGW 1 •lam i.1rr _ •> �•" .ro r� r \ + : •� Muetfo !f '£ Net 09 ruh my bt I. S Z Tom�'"'"�±►.i DtDsyf� ��', - ?arfiswiftstrrer raft ? . 3 -ILL. y.. /� •,.-•yw.f', j"y.""'..' '�.. >� 'l ems• I �Til'4• 1! ��•A..���/r � f, bVWoe La.. el � _ i �� '`�!!r-+may/.: •-•.`.'w"�„�� i� Q1. 4� '"""�., f � � � � \ ' i f t•+ ; f j I �,- Mauls PI.. N•2• Masson Cf. Dr .......... ir ! Maroon C1r ittL.....Ci-}I• f -Z ,�i p '• .( ? Ni&khkm► M........ _(WI.6 4�iltlrOtl�,,,P�'i�' •''`,�.... M�yPlow�er Ct.• .....3t•{•7 � "' .� ��.i „•.� �;••-."^"+ay,�,_ MtS�11r1leiill�lltl..,•.•..:i��-i Mcad" DI.....-.,._G-!{-i a y41 Ow>tink Cir. pr». _ , ,............. N•2-3 Mcatb+vs Rat.._.•,._P CD•1 Medl "^•. i49 i Law .............. F-4•S Midlaal Ar..•...._. 1i-A-1 "'� -.b �'.,.,, y �• t Av..,...�. �........._...._H- .6 M111it .................. _.:.....bd-s Dr..�......_..............»I-7 MawshSr•............_.._.U-N•s t ..........Mcunurin View Ik».._....L' I-i •> f r •'*.� t' ....«..._.r_•....,.,.i•b1 ;1tR Lautel Ct. ih_ ...... t-1.11 •`'"� �► Silver Ct__.:.._...................CS-&7 Mto OGkI6 i't.._........-...... »!i-2 CAdt"SL........ _._..»._........_...._H•S Seas A+ ......... _.-.-r_............. ........... H-6 lop '• Dr .......... ...._......... .....H-7 ............ •.,.. •...0.1.7 ••A4� % t , S G-Dt•5 Gfbrae Av_ .....__.__ , .......G•it-g•b Ni�hduwt tar... , .___.., , .•..•.. • ....E•i ....1444 Gilbert St........ ........:. ...........•..• ..,,Dt-S Nwh St ............. ........ ..........•...Rivtt Dr ................... c Ct._......... �........�t3-3 ._............... F-4 Oak Lo...........................................G-6 RiWv%WeAV...... ..........14.6 va,yet .........�..G•b GtuSt._..............._._..............._11-a ta►i rnal St......... ft-1.6 Rive sloe ik......:...........t-&7 �PI �✓ � """�"y [fallen 5t _ ... _................ _...... G-3-5 Ovetkink Or ............ _ E.3 Rwir j Frnk iX....... _..... 1-7 ' CW..... ► FkadwLA_._.........__........... _0-11.2 Palk Av,C:ir...........• .,-_....._:._...M....I" RoarK fkWL i1d..... ....•...•...F-4.1 - ....� .e.� �...c-�•s Hum" x .�. �.-................, X-► Paul st .. ... F-4 king et __ �-6 � ��a► L..,..._....... ..-,-_w_G-Li-S•6 Rowatt�s.. _.._...._............ C-) P-kRd..... ;•..............•..,_......,E-i StAn Ur..........,........... •_..ri-E-0 '•r.Saud,Ar•• �..G�i ..............E•2 PStkin Wy ... .......... .......... ............ E-F-1 Saw Ct............. .............. _.... ...._.1's•2 SI...._ _ .. 4Fi-3 b ...,.............._....... ..ii-b HuptimsAv..-r_........ _...._..... G-H-3•6 pwun Me" tb.......... .._............... U-[r: %alvAtilm C'm...... _.._...................... &2 5 1_.............._._-•-_........... 4fi »_.�......__...-....•...eti-1 Huater SL.._ ................r».........kl-S Ply er 1.n..•:.....,.•.................•....•:..f •s 5a+w Mt11 Ct._..•..._...•...................aD,3 5nntrnnt. t�,,,................._�.....N•S th Huaeer Crct k 1W..._................. •1 rfr PMrcr Plant Rd ................ G-z Sesuut: 5! .•.,.•• :...................... trr-H-7 Teal Ct,....... _ .. �......,.._. Gfi ltrl,••._.�,.�.. t1•I-I-1 Hya mAv..............._........... .......... ..-,.H-2 Shuiorrood Di ........ .................1.1.7-i1 TWf2 LA,............,. o..............,-H-i it ........ .......... l-li-7 AIM SL.............. ..........•............14.4-s Pvppy Smith St ....... _.................... ...C; S 5h.dy L&__•.._.P1.._._...w�I� ...._.... .......-.E-2 King St _ __......._ ............H.b Pyramid Rd ...... ............ ......... ........... f• t Sbo" Ct......_.................. .............. G-6 Twin RWIc Dt__....... .. ».. _.a.........1-7 L.acet Ct, Ln..... »-.......... H-140 Quern St .•....,..•..•.. .........•........ ...H.6 sifter Kills M. ............ .... .. ....... E-2 UesAv. PI._.. ....... ...._..._..,..-......1•!t•b ,......_..•..„.......•..L1•di Ubm Av...... . ................. 4 Race SL...................... .............. ..... G-A Skknaft LA_... _.....•_............H 7 Yin St .-....» .......,....Q•6 • LaAnw, Ln-..._..................._.._._.H.2 {fed Hum Lk.. .................... __D-F.20 Saws;lar SL.... .............. ....... E-0.1•S Wdaut St_..__ ......... _ram...-_._ ...... " Car ..... ........ ___A-d LAMI LR__....,..............................H-3 Red M mittaitt Rd... ................. M-1•A yam"kr Gtwm $td ............. Woo n As... ..... ....... _... ............1.6 l.�t.........--...r'..�L7 b i ex$Rtf_...... I._ ............. ..,...__..._n•E -1-PS SrauSplrr moomfiR Rd...._.E•!t•bN West FM St..... ...,...._..it-L-b • Woe D'iett itrl..-...,....-......r._.... G-. -A R ' Luptae t'N........ ..,....._................... 5-)-B Re=ra1 S1•.A.......,.•......... .-...._.....•.H-&7 Stwlc St. ......... -........ _........ _..M..H-S Wertv►ew [7�...................... is ..............a' 8 Meogruseu Rd ................... -.._»......EMI Ridpe M RIL........ ,.._............••..... fiewkr t-RW.......,:,.................. F•G•7 Witlwghtry Wy....__.--• '-- _ .».-.., ,.._._..H.5 Main SL.__...... .... ...... _.-_C-H-J•S Kill CmknddPL__..._................. G-ti•i-A Snow 8wmr Cc., ..,..................E•z Wri¢MRd..,.._..........,._ ORK ULU1 AMR AMPA An TAMM cI am Oman C t O'A'14' 1a1/.U' S.aO' 11.40' W.t0' to ii'a0'E0lw 911 r=*14' In@.=, 7Y1.0a' 00.4a' 70.61, N tral 17 C S 10'N'a0' 1q.M' OS.aa' 42.70' 04.74' N N'EI'ii'W LIM t in OISTAIQ L 1 S 74`a1.10'E S.M• L 1 0 SS'a1'SI'W S.M' L i M 1r11'1o'W 12.40' L 4 M IS'ai'a07 4.0' WOOD l OF CL+NIM CERTIFICATION 1. M11r11/ W. 1MMiat. A M010T� LAW WArO 011 IN TO STATE 0 01LMA01. I CMTIPY TINT 111410 FLAT fM ftWARM PEON A VIOLS fWON FtM111M! WHIM NY NMWISION IN Oa1111NQ, ISM AND 11 TOM AM C/111111Cf TO TIM =7 OF OMLOW AND OLIl. THIS CMTIFICATION 11 SWIO IM>p WET STAMPM ON AN SRIWLMAL KUVRINf. SIOM THIS — DAY OF ISO.. W. mania ou 141129 mmm"follow" LN 10 WR ONO>R AM1 LUL WHO MIS wM: Aw w�l • >.r. A...I.M ....1.. An.11M1 Porn .wir• aMl wMR. MI.OMMR. Ilr► AMr � OAr N AM r1R M Nq KAR N �� M>s � IPA IMF IMMI s OAR v 11t 4MITIPIrMIN OMMM MMMMI. �4 rir PI / LOT 4 HM: AtEA SflEEt THE It09O 101RN Laf LINE AND LOf LINE 011- 7n' 1 lot 1 � 1120 i,�,,,111111111111111111111�I11111111:,, � { 772 �,f. I +! SAMAK :0`'i"" : ,i 7. 9 ��{ ��,,''ADJUSTED LOT 4 ,: �ti�MOOM AMU - SIt,MS 01.FT. •�- :Oill "If:,, , ,'''� fill I 7/0' PIPE 1}t1 Wily OK— Lotiss '�'�►. • 1� M. I MI�►NN.,�-.►� Fill. 1 9K sat C"7 LOT 6 1TYFILMU `q�` • 1• w fl 0 AREA OM MTa 7,000 N.R. •/- ICALC. TO HIM MTM LIM) SCALE 1 ININ f01lZT 0 IS a0 10 40 CONmo 1MIMMAL IS i pw LEGEND & NOTES 0 HIM► 01RYRY NOMIIaIII[ NNIAR WITH CAP OR Al wm MINE M F-K MAIL WAY ONMMI LAWOIYISIM PLAT AM BM aM AT MOE till MOM S" SNlm OF SECOND INFOMTION IN TM AMM M It 'I4N' �• W100 lDlt: 17 vfILITY INK CeNi1WM TMS 01101111101111 TOM -•� LEAD APPARENT HISII MTU LIME 1 100 YEAR RA06 RAIN ON1wm li0t. � .PIICTIIYQ'OAlry��''�M R7�,7�1�TgT7T�Ap�- tll IIA�M�RJ�U�N {simI�Tmm ati MARK '1W-aar CE[7QY" +LAIt�i�I�P0TA�1'M0 Mi PL000 IMFN� ��II"� 7,716.0' PLOM PLAIN M JWIM W0 MWapeasul M SISTmar wassAN FM ATiMf STREAM MARGIN REVIEW IMPROVEMENT SURVEY AMVETTE "LLER Ae"m LOT a, AOOOMDIIM Tao m &a LIMA A0.R11MT PAT OF LOT S. 1111= 1, >M MM w IVISIM CITr M mm, ►ITN1M am", C uwm At1 WHO TO = dM ff AD PAIRS 1N W#a TITIA NB 1 IN M SM AT FAM IPA. 11111MAr IIY ASPEN SURVEY ENGINEERS. INC. tie S. MAlata sTM�T mm, bIM. 11011 PIINONFAK two) a0a-10N Jd N. inn Ea1ciiiiiiM S. Im Response to Attachment 4 Project: 1430 Red Butte Dr. Applicant: Annette Keller Specific Submission Contents Exemption from ESA Review by Community Development Director Part A 1) The boundary of the property for which the proposed development is requested is shown on the site improvement survey included with attachment 3. 2) The existing and proposed plans are shown on the construction documents included with this attachment. 3) Significant natural features such as trees and natural hazards such as the river are shown on the site improvement survey included with attachment 3. Part B - Stream Margin Review 1) The 100 year floodplain line and the high water line are shown on the site improvement survey included with attachment 3. 2) Existing grades with two -foot contours (five-foot contours for grades over 10 percent) are shown on the site improvement survey included with attachment 3. Proposed grades are shown on the site plan. 3) The development is not in the special flood hazard area. 4) The proposed addition will be frame construction designed to tie in with the style of the existing house. See construction documents. a "tom^ V "r. ��� ' �• ; � - 7) ;f .! � g'� a. �,�. r3' ..'�x Iwg- ,�'� � N � is � �. r- ,a , � j � � k fi � �F:9 a � r V i�.r. Pit ' 4. C^r � � ...ti iflr � -� , �3'• �, t R l�L'y�r +fI ` '``'`.. ,+ g � .fin 'ir �,i .mob •ay` � � y � `y` b ,y ,�. t'. .�^. 5 ^�'� it \ fY •:� 1�1 ... = � 1/ . ' r ' e r � *;t 'y, L'�` �.��< ♦ u . ' � � an t C� � � 7 ayyl —�• ''''� {� I - I 1 _, •- !�• r �" Y : •�" 1 .1 ' }rye,• I '�i j' _ 1 �j,•� ,,�, f'1 �"'$� . " 1. _ ' 1 p., .p 1 S� .g �' S. I x'1 s (ti f� �J� 'q�, �- � r' ,"T y a ' < ,ri � t - �' ` ~ t r ') R � ''Y• f �u� � � �; `� f�' i '�'• ii � � � :'�j . � � � . .�'t � ram:" � � .. r , TTIr. mil„' v7 y� 1 rr t F +4w N �� ai» � �� .' { � �' � r� • 6� 1 ® •�: � ��dt � Y j('�t f� •m -L.' t�' a., rL 5 ny VA ,' '\ � � i : � • � � 6 `r E �, M�(7 �� � r 1 li�J• I fSy .. � +"�•'4. TL�� Ry'�`t+i� .ry 4t�f,. 'F%Q���+ s� rlev�)•ry�!.w �`4, N4s { ��'$��. L;,(,�( :� i t� �i I "� a� �' ;�. �.. +� r_ o-�.r «. r a. p., r (� ' 1 9'� ' 2 — � ,' . P+ 7 . � 1 • 9'� � k m+ . �. ,i I LA IL io � �'i ( .emu-~�� ` � � - ! :�• r � t� i i L .-r i •<-•mot. ,\ r' t 4✓•' 'ff t�"._11�.t-�4i��-'• -f it ':a- _ (,� �'kr $, r 7 r 4 .a �'�£ � � �''�+9 i �Y ti� � r• S r�' � �' - ! f s 'Y: t .t-t� t r+.'b' � � `P' - i r�"'' 1 1 .r 4� - ��. � 1 .:. ^ - Y � �` ^n�„� fr:.� u `-Y. '�'� ai `'"Y A.` T` �.' w"s �'c.#'''a. �,..- i ,�?• 1 ! ° % K; .. u <''�r � ...; ' ` :' w, _ � • � � �� ��` �`.r. •` �,�' 4 •� �,'�„ --rat `�� W , �^ .yt '� , ' ,.. r - i e ro a, ♦ w.c"'^ "` f5 %Y,. y a r K•� S t � 1�� T r t {{ r• t . •�r., ' �;�, P � :,, L1 �, tz `• ^ � ', Y�;'�" :�`�<.�t � r•,� ��.�' �` v � i , �r�,.r� � r;,.-list � p °, ., . �y ���"' � kr¢y 'Fg . . �a :,'r !+� h.• ti. ��t. ,: �,'� �t"� • „T> +'� �,� �-"�,} L�"�'"�,t''i• "�;,r ays.�...,�;. '� : v �� :-•�k ' .,�. +w 'YY " ''�9^ *.. s P �i `' .1 w,;rt��.' '� " "� —..t `"t yt�� w� -_•, < _ °�, L�,r �> l'c-.�-! �,. �?� e.• «. �'`'� .jam, y i .�'" �-`�+'?'3�-'t'ti}'y�';8 ?�;r'a`-�T�`�• • _A�-•{�+r" .,�� �� ,.o.�R�t.'; T�,• ra rywC ar,._ . ay. ,yw': ,rt» :f,`' , .. ¢.• v6i`.:..t,-.-,',•.n x� .a-':'i«• ` ,n r- n� � n � c�00 � D I r l u m CA to ;d �Z 'C I � 'o m o:0 r 0 0 X rio �s no n � _ • Y N • Y s w N 141 to + O O Y r+, N v IS O � ZW3 3010 --------- �s L-L-----•---------•-•---•---•- ;'• y �T iif � RR T�f1N T N KEUJR fESKXNM os;eJ/ EMKIN CAYWIP AKCIIIECt5 ANN Milk ----------- L ----------------------------------------b b - --- --- -e IN tAYVONP AKCNIIECtS am C 411 1 EKtt HM -------- � D> F r� KaI.ER RESVENCE PC's L-7-1) - ,ref,aaaMoo H z a N KIM tAYWNP AtGNItEttS 4tu11 m ai tw maslya"OAXL= r- -------- �D- --------- G) t --------- s SV'7w 1/IV-I' PROPOSM EAST & SOM E LEVATOG CIAlE S.1 T.OQ -1 Z M ON KAYWNO AKCNIIECTS "m CNKWO row V10-4912M .tea■.. ---- ---0 Response to Attachment 5 Project: 1430 Red Butte Dr. Applicant: Annette Keller Review Standards: ESA Exemptions by Planning Director Stream Margin Review Exemption 1) The proposed development is not in the Special Flood Hazard Area. 2) The boundaries of the proposed development never have included any public trail easements. The property also has never included a fishing easement. There is public access on the other side of the river. 3) There will be no vegetation removed or damaged or slope grade changes made outside of the specifically defined building envelope. A building envelope shall be designated by this review and it will be marked prior to any demolition, excavation, or building permits and shall remain marked until the issuance of Certificates of Occupancy. 4) The proposed development will not pollute of interfere with the natural changes of the river. The construction will not cause erosion or sedimentation. Increased on -site drainage will be accommodated such that it does not enter the river. No pools or hot tubs will drain outside of the designated building envelope. 5) No alteration or relocation of the course of the river will be necessary or tolerated. 6) No alteration or relocation of the course of the river will be necessary or tolerated. 7) The proposed development is not within the 100 year flood plain. 8) The development will not include changes to the natural vegetation on any part of the river bank. This area will not be touched by the construction. 9) Development outside the 15 foot setback from the top of the slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. See site section drawing. 10) The development does not include any new plantings outside of the designated building envelope on the river side. The existing landscape will be repaired after construction. 11) All exterior lighting will be low and downcast with no lights directed towards the river. 12) Site sections drawn by a registered engineer are included and show existing and proposed site elements, top of slope, and pertinent elevations. See profiles included with Attachment 3. 13) There has been accurate identification of the riparian zone and there are no wetlands. C107E GELT. -?IDLE PAD [US APC TLtIGEtIT C1MPO CHOPC BEIRII15 C I 0':-"_'i' 1319. 3!' :I ?" II 60' 23.10- N II.59''.0'• C 2 2'SS'tA• 1330 31' 7Z t2 is .'a si- N 11;103'3!"6 C 3 16'04''5" 303.06" is .. 42 '9' 34.'4' 1t IE'33*13"14 LINE seap1N3 01 STAN:E L I S 74• 21'CC"E 6 59' L 2 S As, 25'31'4 1.60' L I N 36' 36 06"I1 12 JO' L a N 19. 21'SS"6; 0.2)- PE::90 EPPm5P IF -L'TS.PC NOTE =PEA ?ET'-EEN THZ KCCPC NJGPTH LOT LINy 410 LOr LINE AS- STAxEO • 1.21-0 S(I.FT. •/- -00"N / , , . . 1 OIL < ST:, L 10 ' !• i •may � ,'\ r , ,ARAOE .. •.t'i a • \ ice. -'��•+ .'�/.. 'c 1 G� Ea/S.SG 9.` y MPi RE SRO REl - 51 Fr At 70 h Y PIPE 8 5 S. �t L1N£„„ i36 S Sb' �. LEP.TIFI4T I ON �' '� —_.. i PG. Ise • I I. OAVIC::. MsBR10E. A REaISTEP.ED'LMt) SURVEYCR IN THE STATE _ @iti Sc� doOF C04:Fr00. HEREBY CEPTtFf.THAT TNiS PLAT WAS PREPARED FROM , , F I Y-PEPFOPCSUNCEP MYa6UPERv131ON-IN DECEMBER,10%AIM SMETHt&-CERTIFICATT e — TRANC'CCPMT TO THE BEST OF KNOWLEDGE AND AIS UE I VELLOW P 6 ; LOT BELIEF N:1S YG10 tMESS WET STAMPED ON AN - ORIGINAL: BLUEPRINY. -SIGNED -TNti _..:DAY GF � 1 DAvtD-•X.�.Me6RiCI P.LY 161'fl E actoR�Nis TO 00.aRR0A t+rra► wsr rauoNaYAry Lty{ ACtlpf = ;, .. _ <, , , = .: WG'waIBMPt'nV1�.:".`1irtHi€rGat atwla•rMNALYEY�AR'Ip-rMF. :- .. .:_- • �- ,, - - ? ;,:.. - _.' •:,flR3r!#1it.V/REG"1W1t,OLRtLY:`,. tlt-tO tyw-mbt'ANR-A0ttY1k Yt0 • „'. - AMR=: - i1L'iNN- r1.AT: > "'•✓ 10R{- TIYM Tii vims-- ." _ - - VTQIf OtdlfCt - _ �° � � = 2 -. %IIM/ T11F OATF QR:- INRR ClplilFltAT;y. Tt10R1R 11tRg1• 3 _ _vy AREA •.•NCEP +lint ', R02 S: FT i Cil.:. '. -'31• -ATER L1N1E� 1 r:tNe 5.R••E' ket111UE!IT ?E3-R alTti :P OtEG 5 Sl •.E :P P•r tiL1L SL'!,E� :�.'tTr ;L SUlC!t t51•:N PL.r .u: 6C:! S34 -T P--ZE -sa PAS rHE SJLE PCSTEC 0CPESS''S .. RC:C FEN_s Q L'rIL:'r 3:+ :3N1FER TPEE CE-=: CUCUS TPEE -�— uE.N LPP.►Etir tit;A ,-'Er LINE I;: 1E.P FLOOD P'T.:': !S 34SEC :N T-E =EMA FL',IG INSUPAKE 7ArE NLr rNE --1r', F .iPEtI PITn11I - •---NF- ::L;RACO C.uNVNItY I: EFFECTE iA1E: CE:E\1!E° i9e5 ELE•IATION CArtal 3A5EC 'It FL::C PL:-�-: aE:E0rtk;E NARn 7,.1S.63- '.SPEti H:.PN 5TL' PI ;E? 'r_711111NG 3ASEG ON :ENTEPLINE _ ::r1 Y1 :F NNE ORIGINAL --EuETEP! L.NE 'RRICGE :F 39.)20 .IIC %L •E 'R:F'LE 514EET ti? I l,S I 5-•5 FL= PLAIN ELEv-Lt::fI RIVEF STAr1CN1t13 CISr14CE JPSTPE-'u =?:u :EuETEPr LANE 3R IOGE STFE'M W\RGIN REVIE1Al IMPFC, EMENT SUFVEY A )il VfTTE FELLER - ADJUSTED LT S. l.::JR01N0 TO THE LOT LINE ADJUSTMENT FLAT :F LOT 5, BLOCK 1, RED BUTTE MVIVIsi:N CITY OF ASPEN, PITKIN COUNTY, COLCRADO ACCORDING 1C 1NE IUD-3M(NT AND DECREE IN OU1ET TITLE RECORDED 1N ROOK 5d1 AT PAGE 1%. PREPARED BY .ASPEN SURVEY ENGINEERS. INC. 211. S. GALENA STREET ASPEN, COLO- 61611 RHONE:FAI( 11701 92S•3416 TOP Of SLOPE 8-20.00 ).b .. 17239 OECD"* 3, 1999 T C V7 > cn r7711 m " m n � r m r , 7 r a M i m I m + rm -+ s O S 1 .'V � • i � N . ZE 77 I I — O l m � rn N m N o „ o m- o . Ln t p r Z m ELIE Rik Aso . _way. v a. , - zw t z� _ A low a i` :_:..., , { 6 N N e � �.; . n 1 ri 7' �7 os --i C s m L, n m U z G' i - I a n '`J + ^n m 'J' a O I J , l � tJ i {' ( r m D f D sT n v v �'1 m m I - 4 v y v r„ w SCALE I INCH - 10 FEET 0 5 10 is 20 7730 .............................. ..................................................................................................... :. **:* ............................. .................................. I ........ ......................................................... .... .. .............................. ............................................ .................................................. ........... ............... 7725 ................................................................................ .... i ..................................................... .................................................................................. ....................................................... .... ... .. ..... ::::.::: ............. ............................................ ..... . ............... .......................................... 7720 .. ........ ....... I ........ ......... ........................ ................................................ ............. ................ ........... ....................................... ............ ............ ................... ........................................... I GH WATER LINE 7715 .................................................................................................................... ........ .................................................................................... I ......................... ::: ............. ........................................................................................................................ .... ...... ... WATER ........................................................................................................................................ .......... ..................... 7710 CROSS SECTION 0 STA 6+65 LOOKING DOWNSTREAM SCALE I INCH - 10 FEET HORIZONTAL & VERTICAL MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director 1..� FROM: Chris Bendon, Senior Planner RE: Land Use Code Amendments — Public Hearing (Cont. from October 3, 2000) DATE: October 17, 2000 --,:> CoVi ti ✓t � I-D 10 f Z4-- -o SUMMARY: This is a staff initiated set of Land Use Code amendments. The majority of amendments proposed by staff could be characterized as "clean-up" items and were passed by the Commission on October 3`d. The remaining items were identified as needing more substantive discussion and were continued to this date. Staff has provided a brief description and analysis on each item under the heading "Amendments." Staff will cover each of these in greater detail during the meeting. Each of these relate to a section of the proposed Resolution were the code language is provided. The proposed text in the Resolution shows code language to be added, removed, and not affected - signified as: Added, removed, not affected. Staff recommends the Commission consider each section individually. For each item the Commission can either amend the language during the meeting or direct staff to return with amended language in a revised Resolution. If desired, the Commission can "split" the Resolution sending certain portions forward and requesting additional analysis on others. AMENDMENTS: (Relate to sections of the proposed Resolution) Hotel Definition. (Section 1) The recent Lodge Preservation amendments allowed for an owner of a condominiumized LP lodge unit to occupy the unit for a time period not exceeding 6 months of each calendar year. This flexibility was contemplated as a new incentive for additional LP development and has been considered by LP developers as a financing tool. It is important for this discussion to differentiate lodges in the LP Overlay verses non -LP lodges. The vast majority of hotels and lodges in town are not in the LP system. The definition of a "Lodge" merely says "same as a Hotel" and the two terms are interchangeable. The Lodge definition provides, however, that Lodges in the LP Overlay have this additional flexibility, as was contemplated during the most recent LP amendments. The Hotel definition does not provide for the same owner use incentive and merely states that the units are "used by the general public on a short-term basis for a fee." During the Boomerang Lodge review, a request to interpret the term general public was made by the applicants in relation to a fractional ownership concept. The interpretation, which was appealed and upheld by City Council, determined that removing a unit from the short- term rental pool prevented the general public from using the units and would be in contravention of the definition. The Hotel definition appears to exclude owner use of their unit at any time. It is this policy that staff is seeking direction, especially with the potential for a significant number short-term properties to be affected by the decision. A request to clarify the manner in which owners of condominimized Hotel units can occupy their unit was raised by Gideon Kaufman. (See attached letter.) The specifics of Mr. Kaufman's issue were discussed briefly during the October 3rd meeting in which units at the recently condominiumized L'Auberge lodge were being incorrectly marketed as available for owner use 6 months of each year. The L'Auberge project in not in the LP Overlay. The definition of "Short -Term" is an occupancy period of one month or less. This was based upon taxing provisions for short-term hotel stays and is a parameter common throughout resort areas. The policy question is: can a unit owner stay in his/her own unit. And, if so, for how long. Staff believes that ownership of a lodge unit should include the ability to use the unit and believes the existing policy should be amended to allow for such stay and reflect an appropriate length of personal use. Staff is recommending several occupancy time periods for the Commission to consider. In speaking with a few lodge operators, both of LP and non -LP lodges, responses ranged from a two -week period, to one month, to three months, to 6 months as an appropriate time frame for owner use. Staff suggests a period of time related to the short-term definition be used for simplicity. Lastly, if substantive policies result from this discussion, they may be better located in a different section of the Land Use Code such as supplementary regulations. Currently, these policies reside in the definitions section and are not readily apparent to the reader. Subdivision for Open Space or future Affordable Housing. (Section 2) A request from Mitch Haas, on behalf of the Villas of Aspen Townhouses, is attached. This request is for a Land Use Code provision for creating parcels with no associated growth management allotments. Presently, the Subdivision regulations require an allotment or exemption from GMQS be acquired prior to, or in conjunction with, the review for Subdivision approval. The language in the Subdivision section is perfectly clear, although it was requested for interpretation, appealed, and upheld by the City Council. It is important to note that the Interpretation process does not allow for a discussion of `what should the Land Use Code sayT only `what does it now say?' In other words, just because an interpretation request was denied doesn't mean the idea has no merit. After determining that the interpretation was correct, City Council directed staff to investigate the notion of a new Subdivision process for creating open space or affordable housing parcels. Staff has provided language in the proposed Resolution that would enable such Subdivisions of land by providing a GMQS exemption process. Staff has modified the language provided by Mr. Haas but has retained the suggested substantive criteria. With respect to Open Space parcel creation, there currently is no practical way to convey a fee simple interest in a conservation parcel with the lack of a GMQS exemption process. However, there are other mechanisms to convey a conservation easement (to a land trust for example) that accommodate the same function of preserving natural land. Easements can be sold and maintenance responsibilities can be agreed upon without a City process or oversight. With respect to Affordable Housing parcel creation, there may be some value in having a process in which affordable housing parcels could be created. However, developers of those vacant properties would still be required to proceed through the PUD process and such a process may determine the Subdivision should have been accomplished in an alternative way. In addition, it would be difficult for staff to analyze the impacts of a yet -to -be -proposed development. With respect to both of these proposed methods of subdividing land, staff believes there could be unforeseen negatives and believes a more detailed plan for creating Open Space or a detailed plan for developing affordable housing would answer many of the questions this proposed code amendment raises. Staff does not believe the positive merits of this proposed language have been fully demonstrated and recommends the Commission strike Section #2 from the proposed resolution. Environmentally Sensitive Area Amendment (Section 3) This section institutes a procedure for amending an ESA approval where none has existed. Specifically, it allows the Community Development Director the ability to approve insubstantial amendments. The language was based on the administrative exemption criteria for Stream Margin development. Existing development within ESA's are eligible for an "exemption" by the Community Development Director according to a set of standards for each ESA. For example, development on the non -river side of a house along the river can be 91 approved by the Director if it does not increase the footprint of the building by a certain amount. If a project has been approved but not yet developed there is currently no exemption available for the applicant to change the development proposal without going back through the ESA Review with the Commission. This is true even if the change does not represent any increased impact on the ESA. This is also the only section of the Land Use Code that does not provide an amendment procedure. The proposed language would allow for an amendment of an approval as long as the changes were in compliance with the exemption criteria. Affordable Housing Zone District (Section 4) The Affordable Housing Zone District requires development proposals to proceed through a PUD review to determine the appropriate dimensional regulations for that particular parcel. The PUD regulations were amended in 1999 to include density as part of the dimensions that are set forth in the final development plan. Previously, although the PUD regulations did not allow for density to be varied, the AH Zone District allow density to be increased upon Special Review. In a round -about way, this accomplished the same flexibility to vary density in a development review. Now that the PUD allows for density variations, the Special Review density provision is redundant. Most of the dimensional "requirements" of the AH Zone District are "to be determined during PUD Review." The question now is whether or not a "density guide" should be established or if the code should merely allow any level of density to be proposed. Likewise for Floor Area, there is currently an FAR chart and a requirement to proceed through Special Review to use more than 85% of that allowance. This again is redundant assuming that all dimensions of a project are established through adoption of a PUD development plan. Staff is proposing to eliminate this FAR. Special Review provision. The FAR chart has also posed some difficulties for certain properties. The FAR increases as a "stepped" rate as opposed to a "sliding scale" as all other Zone Districts. Therefore, there can be great differences in the allowable FAR between two properties of similar size if each falls on either side of the steps. For example, a property of 25,001 square feet is allowed 5,000 square feet of development less than a property of 25,000 square feet. To address this issue, staff is questioning whether a FAR guide could be utilized to de-emphasize the steps in the FAR chart. This would provide developers with greater flexibility in proposing dimensional standards that related to a site, as opposed to a chart. 0 APPLICANT: City of Aspen Community Development Department. PREVIOUS ACTION: The Commission has not previously considered these code amendments. REVIEW PROCEDURE: Text Amendment. The Commission shall recommend by Resolution at a duly noticed public hearing City Council approve, approve with conditions, or deny the text amendment. STAFF COMMENTS: Staff findings have been included as Exhibit "A." Letters from Gideon Kaufman and Mitch Hass are attached as Exhibit `B." RECOMMENDATION: Several of these sections need to be amended prior to passing the Resolution. The Hotel definition, for example, has several proposed regulations and there may yet additional ways to suggest this section read. The Commission can either amend the language during the meeting or direct staff to return with amended language in a revised . Resolution. Also, the Commission can split the Resolution sending certain portions forward and requesting additional analysis on others. Staff does not recommend approval of the Subdivision exemption process, Section 2. RECOMMENDED MOTION: "I move to recommend City Council amend the Land Use Code, as described in Resolution No 00-A4eliminating section 2." ATTACHMENTS: Exhibit A Exhibit B -- Staff Comments -- Letters of text amendment requests. 5 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AMENDMENTS TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE. Resolution No. 00-�� WHEREAS, the Planning and Zoning Commission proposed amendments to the text of the Land Use Code, as described herein, pursuant to Section 26.212; and, WHEREAS, the amendments proposed relate to Sections 26.104.100, 26.210, 26.304, 26.435, 26.470, 26.480, 26.510, 26.575, 26.590, 26.710.110 the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director recommended approval of amendments to the Land Use Code, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed Land Use Code amendments on September 5,' 2000, continued the hearing to October 3, 2000, and continued to October 17, 2000, took and considered public testimony and the recommendation of the Planning Director and recommended, by a to -�, City Council adopt the proposed amendments the text of the Land Use Code, as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Aspen City Council amend the Land Use Code of the Municipal Code, as follows: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.104.100 — Definitions — by adding and str- ang language as follows: Or Hotel. A building containing three (3) or more individual rooms, without kitchens, used for overnight lodging by the general public on a short-term basis for a fee, with or without meals, and which has common reservation and cleaning services, combined utilities, and on -site management and reception services. Owners of condominiumized Hotel units may occupy their unit for no more than one short-term period of each calendar year. Owners of condominiumized Hotel units may not occupy their unit for consecutive short-term periods. '&Z Reso 007�Vpage 1 Or Hotel units, including condominiumized Hotel units, must be available for overnight lodging by the general public on a short-term basis for at least nine months of each calendar year. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning ' Commission hereby recommends City Council amend Section 26.470.070 — growth management exemptions — by adding and striking language as follows: 26.470.070 N. Subdivision to create Open Space or Future Affordable Housing. The Subdivision of land for the purpose of creating an Open Space parcel or a parcel for the future development of Affordable Housing shall be exempt from the scoring and competition procedures of Growth Management provided City Council determines, at a public hearing, that the following criteria are met: 1. General. a) The Growth Management Exemption is consistent with the Aspen Area Community Plan. b) The Growth Management Exemption shall only be considered in. conjunction with a Subdivision request and, if necessary, a rezoning request. 2. For Open Space: a) The land shall be permanently deed restricted to prohibit future development. b) There has been a favorable recommendation from the Parks Department for the permanent preservation of the proposed parcel. c) The Subdivision complies with the provisions of Section 26.480 Subdivision. d) The land is, or is proposed to be, included in a zone district conducive to the preservation of open space. e) As part of the Subdivision Agreement there is proposed an acceptable maintenance plan for the open space parcel that identifies the responsible parties and the recorded permanent deed restriction is noted. 3. For future Affordable Housing: a) The land shall be permanently deed restricted to prohibit future development other than permanently affordable residential dwellings meeting the requirements set forth by the Aspen/Pitkin County Housing :{ Authority Guidelines, as amended, at the time of development. b) The resulting parcel is conducive to the development of affordable housing. c) The Subdivision complies with the provisions of Section 26.480 Subdivision. d) The land is, or is proposed to be, included in a zone district conducive to the development of Affordable Housing. e) As part of the Subdivision Agreement and the Final Subdivision plat, it is expressly noted that the property has no development rights, no growth management allotments, and development of any sort is prohibited without acquiring an appropriate development order. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.435 - Environmentally Sensitive Areas - by adding and striking language as follows: 26.435.100 Amendment of an ESA Development Order. A. Insubstantial Amendment. An insubstantial amendment to an approved development order for development within an Environmentally Sensitive Area may be authorized by the Community Development Director if: 1. The Development Order is valid and there is substantial compliance with the conditions of approval. 2. The Development Order is either remaining in conformance with the review criteria set forth for the specific ESA or it is demonstrated that the Development Order is in compliance with any amendments to the ESA criteria. 3. The change is in conformance with the exemption criteria for the specific ESA, as provided in this Section, considering the Development Order as a completed development for the purposes of evaluating the change. 4. The change is in compliance with all other portions of this Title. B. Other Amendments. All other amendments to an approved development order for development within an Environmentally Sensitive Area shall be reviewed pursuant to the terms and procedures of this Section. Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.710.110 - Affordable Housing/Planned Unit Development Zone District - by adding and striking language as follows: D. Dimensional requirements. The following dimensional requirements shall be established by adoption of a Final PUD Development Plan and shall apply to all permitted and conditional uses in the Planned Unit Development: Aff-er--d-ab- I 1. Minimum Lot Size. 2. Minimum Lot Area per dwelling unit. 3. Maximum allowable density. P&Z Reso 00-,,page 3 4. Minimum lot width. 5. Minimum front yard. 6. Minimum side yard. 7. Minimum rear yard. 8. Maximum site coverage. 9. Maximum height (including view planes). 10. Minimum distance between buildings on the lot. 11. Minimum percent open space required for the building site. 12. Trash access area. 13. Allowable Floor Area. 14. Minimum off-street parking spaces. 15. Other dimensions determined necessary to establish through the PUD process. i TA TO .. I e a W�I-t 6T -`" y • r Oetaywhed reSidGtPAial d GI iRg: 3,000 oq»-ara fAAt Ik Mmp. Mam A� . /71 _ ex- 1,500 fog, Ib@dr-Aem-400-. 3-bedr-Gem; 1,200, m I ► 1M rm 0 I.M.K ffff. • • • •W w F.-T w H v T I M M T 3 M n. • turnmwn2r, • ■ • •• ■ • • • - • • • .• - • • • •• ■ 11 1I • • ♦ ♦♦ • • - r•• •-• • r • • - -• .• • • r • • • I �I • • • • • •• •• -• • •- • •.• •••• ig. • • - r • • • . I I I • • • • . • • .• - • • • • • . • • • • • • rtl • •• . IN • • • - . • • - • r'No- • • 1 / ♦ • • . • • • - • I• • ♦ • • ♦ I • • r• • • • r musts •• • I • r. r • • . • • u • • KM ►I •• • • • • •- - r•. •-• • • • - I • •• • •• • • • AI • • • • • • a• • • •- • •.• •••• offm •• .•. •- . • • I �I • • .• . •• .• -• • •- r -owl • • . / I • • • • . •• •• -• • • • •.• •••• Will WIN •ma • - • • • • • r - r • • • /&WANIUMM.Mr. • •KNOWN— • • • • • • • . • • • • • • •• . • Cii • Or. W P. r V MY 2• • •Tu9=2ff7T-r1l • •. • • • • . • • • • • • •• • • • • • - • . • - . r • • • P&Z Reso 00- page 5 • • • a • a • • • a •• • • • • MY = M • MTV • r•• • � • • Y • • � � • • � • — • • • • s• ---• • • a a • - - i • • i •a • a • • •a • /� .� • • •- a• - •• •- ARIA Note #1 • The maximum allowable density permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the ro osed fatherin arcel as aguide: Or, A 1� Unit Type Minimum Lot Area* per unit Minimum Lot Area* per unit Minimum Lot Area* per unit Dormitory - - 300 Studio 300 1000 400 One Bedroom 400 1250 500 Two Bedroom 800 2100 1000 Three Bedroom 1200 3630 1500 3+ Bedrooms 400/Bedroom 1000/Bedroom 500/Bedroom *Lot Area as defined in the Land Use Code. Note #2: The allowable floor area permitted in this zone is-detet4n shall be established by adoption of a Final PUD Development Plan by using the following table mall- applied to the proposed fathering parcel as a guide: Freerarea- - aller.atiens on newly pr-epesed subdivided lets shall be detefmined as- P—art A_f_ Lot Area* Allowable Floor Area Ratio 0--15,000 square feet 1.1:1 15,001--25,000 square feet 1:1 25,001-43,560 square feet •8:1 >1 acre--3 acres .6:1 >3 acres--6 acres .36:1 >6 acres .3:1 * Lot Area as defined in the Land Use Code. Section S: Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning Commission shall be considered a pending ordinance. APPROVED by the Commission during a public hearing on October 17, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMSSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Robert Blaich, Chair CAhome\Chris\CASES\land use code\10 17 amendments.doc EXHIBIT A AMENDMENTS TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26.310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. The purposes of the amendments are to provide greater clarity in current regulations. There are a few substantive amendments that are proposed and staff does not believe these represent any conflicts with other code sections. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The amendments are designed to address the goals and policies set forth in the recently adopted AACP. C. Whether the proposed amendment is compatible with surrounding .zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: This text amendment will not, itself, introduce additional demands on public services. In actual development review, impacts associated with infrastructure capabilities are considered. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment f n Staff Comments 1 Staff Finding: The code amendments will not result in any adverse impacts on the natural environment. When actual development applications are reviewed, the impacts on surrounding natural environment are considered. Staff does not believe these amendments represent any change in the importance placed on development impacts. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The code amendments themselves will not affect community character and that determination will be considered during actual development review. Staff believes the amendments are consistent and compatible with the City's character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criteria applies to rezoning applications and does not apply to this text amendment. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: The purposes of these amendments are to provide mechanisms to achieve community goals that were specifically adopted to address the public interest, namely the Aspen Area Community Plan. Staff believes these amendments promote the purpose and intent of this Title and is in harmony with the public interest. Staff Comments 2 HAAS LAND PLAN1`IIl`IG, U6�sz April 4, 2000 Ms. Sarah Oates, Aspen Zoning Officer 130 'South Galena Street Aspen, CO 81611 RE: Code Amendment & Council Direction Dear Sarah: On January 24, 2000 City Council upheld a Community Development Director's Code Interpretation related to the relationship between Sections 26.480.020(B) and 26.470.070. The interpretation request asked whether a property owner could subdivide a single lot into two lots (one with the existing development, provided compliance with all dimensional requirements would not be compromised, and the other vacant) and concurrently rezone the vacant portion to AH/PUD without previously receiving any GMQS allocations. This scenario included a caveat whereby the subdivider would have to willingly restrict, by plat note and/or other legally acceptable mechanism, the newly created lot such that it could only be developed in accordance with and under the provisions of the AH/PUD zone district. In their decision to uphold the Community Development Director's interpretation, Council also saw fit to direct staff to pursue a code amendment that would allow a subdivision with an affordable housing zoning designation to be approved prior to GMQS allotments, provided the approval is legally binding in terms of providing affordable housing at a future time. Because more than two months have passed since Council gave staff this direction and no steps have been taken toward this end, I have decided to try kick-starting the process, so to speak, by offering the following language for your use in processing a code amendment. Addition of a new Section 26.470.070(N): N. Subdivision to Create of a Single Lot for Open Space or future Affordable Housing Development. The act of subdividing a single lot from a fathering parcel shall be exempt from the growth management competition and scoring procedures provided City Council determines, at a public hearing, that the following criteria are met: 1. For Open Space: a. There shall be a favorable recommendation from the Parks Department or Open Space Board, as applicable, for the creation of the proposed open space lot or parcel. -7395 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • (970) 925-7819 • FAX (970) 925 Ms. Sarah Oates April, 2000 Page 2 of 3 b. The subdivision shall be reviewed and approved in accordance with the provisions of Chapter 26.480, Subdivision. c. Acceptable measures for the continued maintenance and upkeep of the created open space lot or parcel shall have been agreed upon by the subdivider, the City Council, and the City Attorney prior to approval. d. A final plat for the lot open space shall be prepared at the subdivider's expense and approved by the City prior to its recordation. A subdivision Improvements Agreement shall be prepared, approved and recorded concurrently with the plat, if deemed necessary or advisable by the City Attorney. e. This exemption shall not be deducted from the respective- annual development allotment or from the Aspen Metro Area development ceilings. 2. For Future Affordable Housing Development: a. A property owner may subdivide a single developed lot or parcel into two lots provided the subdivision results in the developed portion residing on a single lot which continues to comply with all applicable dimensional requirements, and the vacant lot is zoned for future development under the terms of the affordable housing/planned unit development (AH/PUD) zone district. b. The subdivision shall be reviewed and approved in accordance with the provisions of Chapter 26.480, Subdivision. C. n g. The vacant lot shall be restricted by plat note or other legally acceptable, guaranteeing mechanism such that it can only be developed in accordance with the rules, procedures and provisions of the AH/PUD zone district, as may be amended from time to time. The restrictions shall also stipulate that the subject lot cannot be rezoned to eliminate the AH/PUD designation unless approved by City Council based on compelling reasons and changed conditions. The vacant, AH/PUD lot shall have no development rights associated with it unless allotted or exempted as part of an AH/PUD development plan pursuant to the provisions of Chapter 26.470, Growth Management Quota System (GMQS). This GMQS Exemption shall apply only to the creation through subdivision of the vacant, AH/PUD lot. No granting or exempting of affordable or free market residential development allotments is either expressed or implied by the approval of a GMQS Exemption pursuant to this section. All otherwise required approvals for the AH/PUD development of the created lot shall still apply. City Council may require such reasonable conditions of approval as it deems necessary. A final plat for the AH/PUD lot shall be prepared at the subdivider's expense and approved by the City prior to its recordation. A Ms. Sarah Oates April, 2000 Page 2 of 3 b. The subdivision shall be reviewed and approved in accordance with the provisions of Chapter 26.480, Subdivision. c. Acceptable measures for the continued maintenance and upkeep of the created open space lot or parcel shall have been agreed upon by the subdivider, the City Council, and the City Attorney prior to approval. d. A final plat for the lot open space shall be prepared at the subdivider's expense and approved by the City prior to its recordation. A greement shall be prepared, approved and subdivision Improvements ACr recorded concurrently with the plat, if deemed necessary or advisable by the City Attorney. e. This exemption shall not be deducted from the respective" annual development allotment or from the Aspen Metro Area development ceilings. 2. For Future Affordable Housing Development: G a. A property owner may subdivide a single developed lot or parcel into two lots provided the subdivision results in the developed portion residing on a single lot which continues to comply with all applicable dimensional requirements, and the vacant lot is zoned for future development under the terms of the affordable housing/planned unit development (AH/PUD) zone district. b. The subdivision shall be reviewed and approved in accordance with the provisions of Chapter 26,480, Subdivision. c. The vacant lot shall be restricted by plat note or other legally acceptable, guaranteeing mechanism such that it can only be developed in accordance with the rules, procedures and provisions of the AH/PUD zone district, as may be amended from time to time. The restrictions shall also stipulate that the subject lot cannot be rezoned to eliminate the AH/PUD designation unless approved by City Council based on compelling reasons and changed conditions. d. The vacant, AH/PUD lot shall have no development rights associated with it unless allotted or exempted as part of an AH/PUD development plan pursuant to the provisions of Chapter 26.470, Growth Management Quota System (GMQS). e. This GNIQS Exemption shall apply only to the creation through subdivision of the vacant, AHIPUD lot. No granting or exempting of affordable or free market residential development allotments is either expressed or implied by the approval of a GTV1QS Exemption pursuant to this section. All otherwise required approvals for the AH/PUD development of the created lot shall still apply. f. City Council may require such reasonable conditions of approval as it deems necessary. g. A final plat for the AH/PUD lot shall be prepared at the subdivider's expense and approved by the City prior to its recordation. A Ms. Sarah Oates April, 2000 Page 3 of 3 subdivision Improvements Agreement shall be prepared, approved and recorded concurrently with the plat, if deemed necessary or advisable by the City Attorney. h. This exemption shall not be deducted from the respective annual development allotment or from the Aspen Metro Area development ceilings. However, any exemptions granted for the eventual development of the lot under the AH/PUD zone district shall be deducted from the respective annual development allotment and from the Aspen Metro Area development ceilings, as required. Please review my various memos written in route to the interpretation request and appeal for background information as to why this amendment is desirable (I can supply copies, if needed). The above -suggested language is just a quickly drafted version of the type of amendment envisioned. Of course, it will be up to the Community Development Department to decide what is appropriate for proposal to the Planning and Zoning Commission and City Council. I would greatly appreciate your keeping me abreast of any progress with regard to processing an amendment pursuant to City Council's direction. Hopefully, you will find my suggested language to be more or less acceptable as well as helpful in getting the process moving forward. I can be contacted at the phone number provided on the bottom of this letter's.first page. Truly yours, Haas Land Planning, LLC f Mitch Haas, AICP Owner cc: Julie Ann Woods, Community Development Director Nancy Hinrichs, Villa of Aspen Townhouses cAmy documents\city applicationsWillaAmend JUL. 11.2000 2:53PM KAUFMAN & PETERSON NO. 121b P. 2 eaooKII A. PMRSON GIDEON 1. KAUFMAN` JENNIFER MAE H08ERMAN" Of COUNSEL: HAL S. DISHLER'"" ALSO ADEMS IN MARTIANO ALSO ADW TV IN RORIDA ALSO AOWTTLD IN TUAS LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE, SUITE 30S ASPEN, COLORADO 81611 A FACS1141LE TRANSMISSION July 11, 2000 TELEPHONE (970) 925.6166 FACSIMILE (970)925.3090 Mr. Chris Hendon Aspen/Pitkin Community Development 130 South Galena Street n Aspen, Colorado 81611W ii� �A� (� Re: Code interpretation Dear Chris: Pursuant to our meetings and telephone conversations, I write this letter to confirm that the Planning office will be bringing forward a Code amendment or Code interpretation to the Planning and Zoning Commission to address the issue you and I discussed concerning condominiumizatioa of lodges. As you know, in the LP Zone District, there is specific language that permits the owner of a condominium,ized lodge unit to occupy his condominium six months out of the year. in the LTR and other conforming Dodge Zone Districts, the specific language of the LP Zone District is not present. it was my understanding that the City would adopt similar language to the LP Zone language so that it is clear that an owner could occupy his unit. If you have any questions, please feel free to Contact me. Otherwise, I will look forward to this matter being discussed when the Planning Office brings forward its Code interpretations or amendments. Sincerely, KAUFMAN & PSTERSON, P.C. WC A Profe ional Corporation • Gideod Kaufman MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner /- z ' RE: St. Mary's Catholic Church- Planned Unit Development - Public Hearing DATE: October 24, 2000 APPLICANT /OWNER: Archdiocese of Denver REPRESENTATIVE: Rev. Michael Glenn and Olsen Kelly Architects LOCATION: Lots A -I, Block 93, City and Townsite of Aspen CURRENT ZONING: Commercial Core (CC) with an Historic District Overlay CURRENT LAND USE: Church (Permitted use in the CC Zone District) PROPOSED LAND USE REQUEST: Planned Unit Development SUMMARY: Applicant wishes to establish the site as a Planned Unit Development in order to restore some features of the original rectory building, remodel an existing addition to it, and to construct a new single family living unit over a three car garage which will breach the established Pitkin County Courthouse view plane by 5 feet. REVIEW PROCEDURES COURTHOUSE VIEW PLANE There are two Court House View Planes originating from the sidewalk on the northerly side of Main Street easterly of Galena Street (in front of the Pitkin County Courthouse) above which no building shall project. When a mountain view plane projects at such an angle that reduces the maximum allowable building height permitted in a certain zone district, the development shall proceed as a Planned Unit Development, to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, view plane height limitations. The two courthouse view planes are located and measured according to the language set below: [View Plane Number One. The reference point bears 69 feet from the southwesterly property corner of Block 92. Elevation of the reference point is 7,912.32 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 27' 58' 40" described by two (2) radial lines which bear S. 16' 59' 48" E. and S. 10' 58' 52" W. respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4° 25' above the horizontal. View Plane Number Two. The reference point bears 131.46 feet from the southwesterly property corner of Block 92. Elevation of the reference point is 7,913.02 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 26' 04' 38" described by two (2) radial lines which bear S. 03' 26' E. and S. 22' 28' 12" W. respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4 ° 58' 20" above the horizontal. ] PLANNED UNIT DEVELOPMENT (PUD) Consolidated Conceptual and Final Review An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed PUD in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director shall consider whether the full four -step review to be redundant and would serve no public purpose. An application, which is determined to be eligible for consolidation, shall be processed pursuant to the terms and procedures of final development plan review — steps three and four. 2 Step Three — Final Keview before the Planning and zoning (.commission -- Public iiearin Purpose: To review application for final development plan to determine if it meets the standards for a final PUD. P&Z action: Resolution recommending City Council approve, approve with conditions, or disapprove a final development plan. The Commission may, by Resolution, approve, approve with .conditions, or disapprove an amendment to a final development plan, pursuant to 26.445.100. Step Four — Final Review before the City Council -- Public Hearing. Purpose: To review recommendations by the Community Development Director and the Planning and Zoning Commission and to determine if application for final development plan meets the standards for a PUD. City Council action: Ordinance approving, approving with conditions, or disapproving the final PUD development plan. STAFF COMMENTS: The applicant, Archdiocese of Denver, represented by Rev. Michael Glenn and Olsen Kelly Architects, requests a Planned Unit Development (PUD) for Lots A -I, Block 93, City and Townsite of Aspen located at 104 South Galena Street, City of Aspen, Pitkin County, Colorado. PROJECT SUMMARY The applicant proposes to construct a two-story single-family residence for staff housing above a three -car garage, adjacent to and slightly behind the existing St. Mary's Rectory located on the corner of South Galena and Main Street. The proposed building will breach the County Courthouse view plane by 5 feet. The applicant presented a conceptual model and development proposal which included elements of the exterior remodel of the existing Rectory and variances from Residential Design Standards to the Historic Preservation Commission at a public hearing on August 23`d, 2000. The HPC indicated at the conceptual review that they like the main proposal in general, gave some specific direction on the roof pitches, and will also wait to see the results of the story poles and responses from the Planning and Zoning Commission and City Council regarding the view plane issue. This project assumes all dimensional requirements of the underlying CC zone district with the exception of the following height protrusion into the view plane (which is normally 40 feet) and minimum distance between building distance of 10 feet to 5 feet. The applicant is also proposing two residential dwellings on this lot, which is allowed as a conditional use in the CC zone district. The Community Development Director has the ability to combine reviews pursuant to Section 26.304.060(B)(1). The request for this conditional use is combined with this PUD review. COURTHOUSE VIEW PLANE The main issue of this application, and reason for this PUD process, is the proposed intrusion into the Courthouse View Plane by the new building containing a three -car garage and two -bedroom unit. This building is projected to intrude into one of the Courthouse View Planes by five (5) feet. This view plane originates from the sidewalk on the northerly 3 side of Main Street easterly of Galena Street above which no land use or building shall project [Section 26.435.050(A)(4)]. The Historic Preservation Commission (HPC) is aware that the building encroaches into this view plane, which is intended to preserve views of Aspen Mountain from the courthouse. Currently, an existing parking lot and a small portion of the grass courtyard of the church occupy the location proposed for the building. It should be noted that the applicant could construct a building which would block some existing views from Main Street but do not breach the view plane. However, this would be a one-story development and preclude the intended function and use of the proposed building as a garage and residence on the same footprint. In response to an HPC concern, the applicant provided an opinion on the lilac hedge from a landscape architect indicating that no part of the hedge will need to be removed during construction or because of the development. However, precautions must be taken to ensure that exposed roots are cared for, and the landscape architect recommends that the City and St. Mary's jointly undertake some pruning and maintenance on the plants before construction so that they are in their best health. Staff has visited the site several times to ascertain the exact origination point of the view planes. Observations concluded that existing street trees in front of the courthouse along Main Street partially block views of Aspen Mountain. (Please see attached photos illustrating a variety of viewpoints.) Staff requested that, prior to forwarding a recommendation for approval or denial on this application, the applicant erect story poles in the exact location and indicating the tallest height of the proposed building in order to make a more informed decision. It should be noted that the current City Council has given the Community Development Department approval to study the effects of different types of infill development in the City of Aspen and the resulting effects. Staff is aware that certain types of infill development will encroach into existing view planes around the City especially if current height limitations in the downtown core are relaxed. RECTORY REMODEL In regard to the historic rectory building, several alterations are proposed. The applicant intends to reconstruct the tower that originally existed on the building, using photographic evidence. Staff is in complete support of this action and commends the applicant for restoring the building. Additionally, it appears that meter boxes and two satellite dishes are to be removed from the fagade. Other alterations to the historic rectory include removing the existing metal roof and installing wood shingles, as the building originally had. On the existing addition to the rectory, the applicant is removing the solar panels and reconfiguring doors and windows related to the interior remodel of the space. The church and rectory are unusual elements in the neighborhood in that this is the only block left in downtown that is all 19th century structures. The design and character of the new building behind the rectory is modest and respectful of the block. Staff and the HPC find that the proposal in regard to the rectory building includes several positive improvements and that the new structure is compatible in its proposed massing and design relative to historical buildings on the site and proposed location. Additionally, the proposal 4 does not detract from the importance of St. Mary's Church as one of only two 19th century churches, and the only pastor's residence, left in Aspen. IN SUM Staff maintains that the proposal contains a benefit to the City with respect to providing an accessory dwelling unit and a two -bedroom employee -housing unit located in the downtown core in an infill-type development. The proposed structure is subordinate and respectful of the historical structures on the site, is sensitive to the existing old stand of lilacs at the rear of the site, and maintains much of the existing open space on the lot. The intention of the recourse provided in a PUD process, for an applicant wishing to breach a view plane in the City of Aspen, is to allow the Planning and Zoning Commission and City Council to discuss the merits of a project in context of the view plane it is proposing to breach and the existing value and importance of the view plane. Staff feels this is a decision that should be made by these decision -making bodies because the view planes were established to maintain a certain quality of community importance. RECOMMENDATION: Presuming that the Planning and Zoning Commission finds the encroachment into the Courthouse View Plane not to be detrimental, based upon the review of the story poles, Staff recommends approval to City Council for the Planned Unit Development for St. Mary's Church located at 104 S. Galena Street, Lots A -I, Block 93, City and Townsite of Aspen with the following conditions: 1. That a shared service line acknowledgement shall be required and obtained from the Aspen Consolidated Sanitation District (ACSD) for the existing development and a new separate service line shall be required for the new two -bedroom unit / garage addition prior to the application of building permits; and 2. The St. Mary's Church complex is currently served by the public wastewater system. The addition of a two -bedroom single-family unit and the conversion of the employee unit to an accessory dwelling unit will have a minor impact upon the public wastewater system. The applicant shall pay all connection fees to the ACSD prior to the application of building permits for the project. The applicant may obtain a tap permit once detailed plans have been submitted to ACSD; 3. The satellite dishes on the rectory and church shall be removed and/or an appropriate location shall be determined by HPC; 4. The proposal to replace two original windows on the south side of the rectory with doors is not approved; 5. That as required by the Fire Protection District, the applicant shall provide an access width of at least 10 feet along Main Street. This can be achieved by trimming back the existing bushes; R 6. That the applicant shall obtain a single Temporary Revocable Encroachment License from the City of Aspen Engineering Department to cover existing encroachments which include 1) ventilation duct in the alley, 2) overhang into the alley; 3) heat melt system in the sidewalk, and 3) the front entrance of the building. This license must be obtained prior to the application of building permits; 7. That the applicant shall submit a letter certifying that there are no known problems with the existing buildings and lot drainage in order to exempt them from submitting drainage report for the Engineering Department; 8. That the applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction as a requirement of the City of Aspen Streets Department; 9. That if the applicant decides to install a sprinkler system in the new building, the existing water system will need to be upgraded pursuant to Fire District requirements; and 10. That the applicant shall enter into a common water service agreement with the City Water Department for the new building which will need to include separate meters in an accessible space. RECOMMENDED MOTION ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2000, recommending approval to the Aspen City Council for the Planned Unit Development for St. Mary's Church located at 104 South Galena Street, Lots A -I, Block 93, City and Townsite of Aspen." ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B --PARCEL LOCATION EXHIBIT C -- PHOTO DOCUMENTATION EXHIBIT D -- RESOLUTION NO. , SERIES 2000 EXHIBIT E -- APPLICATION AND SUPPORTING SKETCHES 0 EXHIBIT A ST. MARY'S PUD 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 the proposed development is consistent with the Aspen Area Community Plan (AACP), complies with the current land use requirements of the Commercial Core zone district, and is consistent with the character of the existing land uses in the surrounding area. The proposed use of the new building is for residential and garage use. The new building containing the garage and two -bedroom unit is permitted as a conditional use in the Commercial Core zone district, since the property contains an historic landmark and is encouraged in the AACP and as a feature of many downtown developments. Additionally, the proposed residential use is for parish staff housing. The proposed development is exempt from GMQS. 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. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. 1 � w Y 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 Staff finds that the subject property is located in the heart of the CC zone district. The proposed staff housing is located above street level, which is the recommended location for residential uses in this zone. The proposed land use is compatible with existing land uses, and appears that it would also be compatible with the anticipated future use of this area. The proposed building height is 24', significantly lower than the allowed height limit of 40' in this zone district. The new structure will also be located immediately across the alley to the north of City Hall, which is approximately 38'-6" in height, adjacent to St. Mary's Church with a height of 43' and the Rectory which is 29'-4" high. Due to the allowable building height in this zone and the zone and the height of the surrounding buildings, the proposed building appears to be compatible with existing and future land uses in the neighborhood. The site contains large street trees surrounding the property on Galena, Main and Hunter Streets. The trees on the main Street side of the property make a significant encroachment into the Courthouse View Planes. The proposed building is located to the south side of the property. This location places the new structure under that portion of the view plane, which allows the maximum buildable height on this property, and creates the least encroachment into the view plane. Although the new building will encroach 5' into view plane #2, it should have an insignificant effect on this view plane in comparison to the impact created by the Street trees along the Main Street side of the property. The proposed building height will have no impact on the following; noise, traffic, transit, pedestrian circulation and parking. 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 The proposed building height allows the construction of a two-story structure with minimal site coverage. This building footprint is necessary in order to maintain the existing grassed open space area between the Church and the Rectory. This open space is used frequently by the church for social gatherings, and by the Aspen community for certain public events. If the building were reduced to a one-story building, the foot print would double. The proposed building is a secondary structure to the Rectory. The proposed height of the new structure is designed to maintain a carriage house scale. It's 24' height is 5'-4" lower than the main ridge height of the Rectory, 19" lower than the Church ridge, and 14' -6" lower than the adjacent City Hall building. The proposed height of this new structure is compatible in scale and massing with the existing structures on this property and in the neighborhood. 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. 8 b) The varying time periods of use, whenever joint use of common parking is proposer c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding Five parking spaces are proposed based on City parking requirements. Two spaces are proposed for the Rectory, two spaces for the carriage house, and one for the ADU. The ADU, located in the Rectory will be a one -bedroom unit. The two -bedroom dwelling unit in the proposed building will have two parking spaces. Due to the proximity of this property to the Commercial Core and the availability of public transportation, the provision of three parking spaces for both of these units appears to be adequate. Parking is proposed for the on -site residential uses only. On -site parking is not available to parishioner Parking. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff finds that there is not a reduction in maximum allowable density as a result of this PUD 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. 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 mitigateal. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The maximum allowable density in the CC zone district regarding residential uses is one detached residential dwelling designated as historic landmarks. The existing Rectory is designated a Historical Landmark in the City of Aspen. This development proposes an additional dwelling unit and an ADU. This increase in residential density is allowed as a conditional use in the CC zone district when the property contains a historic landmark on a lot with a minimum area of 6,000 square feet. A planned unit development process allows a development to set its maximum allowable density. In this case, the additional dwelling unit above the three -car garage is established as the second dwelling unit. ADU's are not considered an increase in dwelling units regarding the density of a project. It is the affordable housing mitigation for the proposed new unit. Further, it is in the City's best interest to create housing options as infill projects in the downtown commercial core. The intent of creating this additional unit is to provide a housing unit for employees of St. Mary's Church. Additionally, the ADU is also affordable housing for a resident of Pitkin County. The net result of this development will provide 2 affordable employee units in the downtown core of Aspen. 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. Staff Finding Staff finds that the proposed development will not seriously impact the existing features of the site. Further the proposed location of the new building is the most appropriate given the nature of the existing site features. The most significant natural site features include a 1) large grass courtyard, 2) prayer garden with a statue of St. Joseph and a bench which provides a resting spot for many visitors, and 3) very mature hedge of lilac 10 3, bushes along the south property line. The wrought iron fence along the front of the property provides a distinct reference to the past through its detailing, and is probably the most identifiable man-made site feature. The proposed site plan maintains these existing features in addition to the historical site layout, driveway access and circulation. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding The proposed new structure is a two-story structure versus a single story building in order to preserve as much of the grassed open space area as possible. The building footprint is reduced to the smallest footprint possible, which will accommodate the needs of the required building program. The new structure is sited close to the existing Rectory. A 5' building separation is proposed, versus the required 10' separation, in, order to reduce the encroachment into the yard area. A variance is requested for the separation. The new building is also sited as close to the rear of the property as possible without disturbing the existing lilac hedge. There are two Courthouse view planes, which project from the Courthouse site across the entire open space area between the Church and the Rectory. View plane #1 is directed across the west side of the Church's open space. The inclination of this view plane is redirected to a steeper angle due to the location of the City Hall which is intersected to the south of the Church property. The proposed structure does not encroach into this view plane. View plane #2 covers a large swatch of the site. There is very little site area remaining for development to the west of this view plane. The proposed building is located as close to the Rectory as possible, while still maintaining a minimal building separation in order to reduce the view plane encroachment to a minimum. 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. Staff Finding The proposed building is oriented parallel to Main Street and is intended to be subordinate to the existing Rectory structure. It is designed in the scale of a carriage house, with a two -bedroom dwelling unit located above a three -car garage. The Rectory is the primary residential structure on this site. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The buildings and driveway access onto the Church property are appropriately arranged to allow emergency and service vehicle access with minor modification. As a result of the Development Review Committee meeting, the City Engineer and the Fire Marshall indicated that fire trucks will access the site from Galena, Main and Hunter Streets. The alley will be used as a back-up access point. The existing asphalt drive entrance onto the property is currently 9' wide. The paved entrance width will be widened to 10' to meet current residential drive requirements, and the adjacent lilac hedges trimmed back from each side of the drive entrance to create an unobstructed entrance. F , 11 S. Adequate pedestrian and handicapped access is provided. Staff Finding Adequate pedestrian access is provided. There is a covered porch entry provided for access into the dwelling unit in the new structure. Existing concrete sidewalks will be modified to provide a more informal walkway system between buildings. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The existing site drainage pattern will remain unchanged and currently creates no drainage problem to 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 This application does not include non-residential land uses. Staff finds this criterion to be met. 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 The landscape plan proposes to maintain all existing vegetation, since this is an historical site, and to revegetate any areas disturbed by the construction. Proposed plant materials adjacent to the new building have been specified by a Landscape Architect. The health of the existing lilac hedge that separates the church property from the alley adjacent to City Hall has been reviewed by a Landscape Architect indicating that the Church begin a yearly program of pruning and plant care to return vigor to the parent plants, which are on the Church's side of the property line. The secondary lilac growth, which occurs on the City 12 t r; Hall side of the Church's property line also will require maintenance to survive. It is recommended that a similar maintenance program be provided for this growth. 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. Staff Finding The proposed building includes a garage for the residences on -site, and one staff housing unit above the garage. This structure is considered a secondary structure to the Rectory. Its scale is that of a carriage house. It is designed to compliment the quality of the existing Rectory, but not duplicate its form, nor its architectural elements. The proposed building will have a brick facade, which will compliment the existing brick on the Rectory. The detailing of the brick exterior will consist of header, stretcher and soldier courses, as well as varying brick sizes, to distinguish it from the historic structure. The roof material will match the new shake roof on the Rectory. The HPC has requested that the roof pitches of the new structure be steepened to reflect the roof pitches found on the Rectory. The gable over the dining room area was steepened to a 12:12 roof pitch to accommodate this request. The main horizontal roof ridge was then raised to meet the dining room ridge, and the pitch of the gable over the bedrooms was steepened so that its ridge height would meet that of the main ridge. The roof height was increased by 8", bringing the overall building height to 24 feet. The new building is located to the rear of the property, and is also set behind the Rectory to reduce its impact on the historic site layout as seen from Main Street. The Rectory will remain the most prominent residential structure on the site, since it is the original residence and an historic structure. 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. Staff Finding The new structure is oriented with the majority of its window area facing south. This orientation will allow for natural solar heating of the dwelling unit throughout the s 13 majority of the year. The mechanical system in the existing Rectory will be upgraded with a new mechanical system, which will improve the heating efficiency in this building. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding We have broken up the roof on the proposed building into small roof masses to reduce the amount of snow build-up on any one roof plane. Roof slopes on the proposed building shed most of the snow away from the garage doors. A secondary shed roof is provided, which is 3' wide, over the garage doors. This roof should break the fall of any snow or ice directly onto the drive below, and will also be provided with an internal drain system and snowmelt. A gutter system will be provided over the storage door on the east side of the new building. 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. Z. 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 Exterior lighting will include the addition of low-key, fully shielded incandescent down lighting at the new garage doors, garage man -door, and at the entry to each of the staff housing units. New site lighting will be provided at the relocated prayer garden. This lighting will include low intensity garden lighting, which will illuminate this garden and the mid -point of the walkway between the new building and the Church. All exterior lighting shall be in compliance with the Outdoor Lighting Standards for residential uses. 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: 1. 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 14 property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. 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. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The proposed development includes maintaining the existing grassed open space between the Church and the Rectory. The proposed garage/staff housing building is located close to the existing Rectory to maintain the existing open space area, which provides visual relief between the buildings, and is needed to maintain the view planes of Aspen Mountain from the Courthouse. 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 The remodel of the Rectory and the addition of a new building will result in the addition of three new bathrooms and one kitchen to the existing development. Adequate public infrastructure facilities exist to accommodate this development. Any adverse impacts on public infrastructure by this proposed development will be mitigated by the necessary improvements at the sole cost of the owner/developer. l Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. S. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The proposed site plan maintains the existing Main Street driveway entrance and drive location in order to preserve the circulation pattern of the historical site design and the existing open space area. The driveway entrance and apron will be widened to 10' to meet City design standards for residential driveways. Additionally, the existing development requires on -site parking for two cars. The proposed development includes the pastor's residence in the Rectory, the conversion of an existing employee dwelling unit within the Rectory to an ADU, and the construction of one detached one -bedroom residential dwelling unit. The proposed development will require the addition of three parking spaces, for a total of five on -site spaces. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in - lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The proposed development plan will not be phased. Staff finds this criterion to be met. EXHIBIT B PARCEL LOCATION 18 MUNS M` y y. �wz ,.•'` ""r ..t .t` '*3ftY �3 � 7� t `9�x rc*»�t .pY� c - low-, *;. .� 4hy ",;'�`'`k��.�.;. '. :.. - ..';k�n •�jt��]i� *',:� ?�`"��' �_�. ,���i,Z iy �a�*j,'¢.� x fiYc'� fi*' �a *i+ r z, a r1 q �`�yt � , inl ._ ,'� .L ".J . Y/� 7,` � * �•p•_ +¢1'ft Ql` ✓ is t �aMei� { ••1«'b }emu, •k'��. yF *.r Y.. °� -i ¥ r �. t�!E �t� + + *' a-TcY 1Pr„� , .* " "rt t`"k•E`' t,^ `�. rs w; a fi t iy- Fi g RESOLUTION NO. (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO CITY COUNCIL FOR A PLANNED UNIT DEVELOPMENT (PUD) FOR ST. MARY'S CHURCH, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-31-801 WHEREAS, the Community Development Department received an application from Archdiocese of Denver, represented by Reverend Michael Glenn and Olsen / Kelly Architects, for Planned Unit Development (PUD) for St. Mary's Church located at 104 South Galena Street, Lots A-1, Block 93, City and Townsite of Aspen; and, WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may approve a Planned Unit Development, during a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the St. Mary's Church Planned Unit Development 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 Director, 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 ftirthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a duly noticed public hearing on October 24 th , 2000, the Planning and Zoning Commission approved, by a _ to vote, a Planned Unit Development (PUD) for St. Mary's Church; and, 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 Planned Unit Development (PUD) for St. Mary's Church located at 104 South Galena Street, Lots A -I, Block 93, City and Townsite of Aspen is approved with the following conditions: W 1. That a shared service line acknowledgement shall be required and obtained from the Aspen Consolidated Sanitation District (ACSD) for the existing development and a new separate service line shall be required for the new two -bedroom unit / garage addition prior to the application of building permits; and 2. The St. Mary's Church complex is currently served by the public wastewater system. The addition of a two -bedroom single-family unit and the conversion of the employee unit to an accessory dwelling unit will have a minor impact upon the public wastewater system. The applicant shall pay all connection fees to the ACSD prior to the application of building permits for the project. The applicant may obtain a tap permit once detailed plans have been submitted to ACSD; 3. The satellite dishes on the rectory and church shall be removed and/or an appropriate location shall be determined by HPC; 4. The proposal to replace two original windows on the south side of the rectory with doors is not approved; 5. That as required by the Fire Protection District, the applicant shall provide an access width of at least 10 feet along Main Street. This can be achieved by trimming back the existing bushes; 6. That the applicant shall obtain a single Temporary Revocable Encroachment License from the City of Aspen Engineering Department to cover existing encroachments which include 1) ventilation duct in the alley, 2) overhang into the alley; 3) heat melt system in the sidewalk, and 3) the front entrance of the building. This license must be obtained prior to the application of building permits; 7. That the applicant shall submit a letter certifying that there are no known problems with the existing buildings and lot drainage in order to exempt them from submitting drainage report for the Engineering Department; 8. That the applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction as a requirement of the City of Aspen Streets Department; 9. That if the applicant decides to install a sprinkler system in the new building, the existing water system will need to be upgraded pursuant to Fire District requirements; and 10. That the applicant shall enter into a common water service agreement with the City Water Department for the new building which will need to include separate meters in an accessible space. d� 21 iection 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 Planning and Zoning Commission at its regular meeting on October 24t', 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Robert Blaich, Chair ` 491 , 001a ------------- `t t.J L1 kJ 1 t I m n 1 -_-------- � tom...- -- _ . --£ t 1 ARK -AG ARA PARKING AREA I , 1 1y�3-------------- - - - ---- ------- ......-------------------------- 1_-__.._-___..} -------------- }______._-_-... --; 1 , 1 !li I t 1 1 £ £ T 111 1 II ,C tlop PARKING AREA 1 � t -1 1 1. ,1 , 1; 1 , I t I - 1 I 4 t t I I l r 1 r 7910 � (r104M LJsE. 1 t I F £ f T £ t I 1 t £ { £ t I £ I -�1 1 i 1 t i £ ------------------ -- - --. .-7� -.- --------------"-------------? 1 E £ £ - i r ---_� R--------------------- E HQPKiNS AVE N S P R I T� "Sf. �ary Caf4vfir T4urr4 533 East Main Street Aspen, CO 81611 (970) 925-7339 Fax (970) 925-1889 September 5, 2000 Fred Jarman Planner Aspen/Pitkin Community Development Department 130 S. Galena Street Aspen, CO 81611 Dear Fred: The Archdiocese of Denver authorizes Olsen + Kelley Architects to act as our representative for all presentations to the Aspen Community Development Department, Zoning Officer, P & Z and City Council for the Remodel & Addition to St. Mary's Church Rectory. The address and phone number of Olsen + Kelley Architects is as follows: 117 AABC, Suite 305, Aspen, CO 81611; telephone 920-7651. Sincerely, Aev. Rev. Mi 1 G. e Pastor FR I : St. Mary Asper- Colororodo 878 FAX NO. : 978 925 1888 Jury. 2 2888 82:27PM PI ASPRN Tn,,LE CoRrounas 1�1Nu�'NT iN� 09 A AV�H?P`IGlNS AYi" c"Ity wor ANPEK 00WWAft 81011 MA"RR rax O E Report Involco TitiM�hi4Ni ' CONYMMUMOT MM 4164 M# Pr*parad for: LINDA, SARMO Date; ,Sane 22, 2000 Ai MIOCZ5E OF VEN)MIk MANAGEMENT COPORATION Mo txC►MI STEE s sT Order. p96-MS3 f)MMK 00 $0210.2599 , Phone: 3037713.3271 Ref: AXCHDIOCESE Pax; *� Faces 71. No*7 Fled& return dng ggpy of thh tZ �1 fh r, Lr-*M a is thi g.hoya m ddeos 1. ** mw ***FLI ASZ MOTE, TWO 'WIM BE THE ony Rvoict You viLL Rz ivzt**r Lopf Rearlpctiow Fleas see Deed reettrdad 9-15,97, at Re lion No. 128310, in Book 229, �t PiLp 293, C©unty aio-.P WA, otteu ac �atorada • Prpprrrta► Addrasa , Owaor'e Nttttte(j)i TU* Aftdioc4m of Mover Title Abstmet .trier Brenta. Iu*�mritt I�ntad Amrrttat l�oox $aaktPa�a Urw I.- Vahr, formerly Ths ArchdIacest d Deow Warranty 9-13-61 10M 7.00 9- 0-67 Z20/293 Aidblshop of Dnver, deed tamely Bishop Of Rover Nothint Furiher orRceord Note; niii rapon covers Fakir, county R.a4 Estite R"ordp through May 30, 2W, Ditdlttlmm, Thts report MARen tw NONAF 4V a jeamhotp0iq C'ourrty "0 p0 #0 to 14 above dirirlbed real witte curdy, and doev not me UUFI�y Nfl4d tWadretttrtry halts Or Vjh#r MatMPI Wioh might he dlaolend by o tagrrh on the Lrfdtvltiuct owar "a -or oth#r MMjW 840W j ttin©bave, Asp#n Title CoopDJMant Makta w wart p#prft to acoui"avy of At irtf+W7tt;Uon h#rdtx pravddraey and fordwr Asp#n 71r% CrrrpaMiten tWI no#' #a ltablefor ur# last fret nd by rearot o tht this Owns#%Ao and Zueumbpome wepwt. MIN JD0+ S.[NCL 17DZO RTTH 2WIS ART ARE 7M VeitF ;rpm COPIRS A V44mr f. r W' f Post-!t° ax Note 7671 Data � Ra9edo' — To From c:0.1Dept.Au . Phone tt Phone 4-t Fax 1:.TY Wr T , FROM :, St. Mary Aspen Colorcrodo 970 FAX NO. : 970 925 1889 Jun-. 22 2000 02:27PM P2 t U67 At 21040"01,06k IM naamv U Sow Ilk. A '�Vf'& fit rp-0 f.,4 15 , '? N 1 0 Ithti at 00 id M16 girth Art j ##MjL,,jA wrA 4404mill4mg o—If il* yf`140- 11 IM 'Lava of thi flatk#31 �Qlcxludol of the 5644M part' fav and Lyk Ison- mmsXTRIp Thok ;hv Mfk$A pAttY Of ON 11081C P0f 14""010ft of - Sbo ova 62 Ttj pollorl -ffd vth4v pod 'too 1jLjUAbj* thil i1#1A "Vto.of SM !Lest part iti hand 0610 by tht Gatti pasty af jt* gocorA part, ChMjsciflpt and fi4k11,wj8d1#4j 4# $jrpted, bgrViIngd., lg#14 and #Owftyel, arA bl, thdae pinsenke OPAK Aws"i- harm(%. Kpit, 4&FA40 A6A,9*1t#f911I, uata the qatA sapty of the OdIftorld Mrit, itt *U** 31 Ubt, AgglibLA40 df wtva, or it J. veh?, M4904 tor fts ROM cathq1to* of the 14my at Worsdv) gir VVbai% J. vehr Urdoi bay Mutiary 41— Allost4ah ar any otheir Amstgnatiorl Wbatodoval!', TCk=HZfk wjuh nit mild jpj"b14r M4 htrwdttAM0jst* add dpporldrkti"900 diarkkifitCl hI11100205 or III 4mmige appoitaimLlbg, AM the rovarlyt6h And rOv'IT00", V*1Kt'nd-,T arkia.ilb"Allidivi, Ponta, ISNUU; And pealfth tftarftol; And A11 the 61t011. EL011t, tLCIG, 01'"Gat, clatIn 1kod dtMand A——) gVtg pgttV pj tltg 14CUandW p4rt, ite luccc%turs &asmigno P1197- Andthe 0#4.1 party of the HrO vprt, for b40*4111 Kti heirmI, 91doeubbEl, ArA 41vol C.9vamAnt, grant, barptyi sad to gold WL tit the 241E FDIrEY fif bhL- RL'Und Wkl' !U #11CUTsbort ffind Unips, Nit go t�g tints*f ;hj covIggl1jig $ad ideltycry of these pray teals, h& is v@11 v61s&d of the pr"UdAd 00VO I;Qlvv Yva, AA Of good, NO'%, P*C609k, SW- ivalut# and j-n49#*a*L61# dobAte of in 1:w, L" RICO iltnpl4, and 'had afidW k'Sht, I ;varj SAL -tot eg&&�ftfttg. r#perjt!tj0)v6, re&trvgjkj;3ft*, and aqwmbranvas *9 mord ard wwailt fipr the Uali *1 jenatIal poperty uxes 1-ji ]VO, 4114 Utv 11#11 vi vilky spo'cial OW tho Ahw* flairilmlaiw praidedw it the quiet Stid pm*gf ' ul passe&A1011 of the raid P&M of tug w4mg,"d. part# it* 904040we&-and mikmieflat optnist all and evoVV perstm or 1182" : r4 liwfullp dxALvq1,6v to blaw 0* wkele at any 00ve Uhsr#cf, the VIRLd ft4tty of t?lc Cirt pxr e thall 400'wilt WARRANT AND FORISVER DIFEND- —CS R All ) --I . ..... .. . . KTAU W coLOPADO The foragolng Lnx c'�avwletdje,d bof9w4 the tbill AY of Jr. A# T1 bd or v _RIC4V! Vwbr. A:" 114 kI AON AWt�lWo,) 711t, nH, 85 :t7l 00x Z2 Wnr County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) being or representing an 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 on the attached list, on the 7ffiday of 200 (which is days prior to the public hearing date of 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the -.day of �� , 200e:�', to the ay of , 200,!:�I. (Must be posted for at least ten (J full days before the hearing date). A photograph of the posted sign is attached hereto. l Signature Sig ned before me this �; day of 0Ct "'_. 000.by SS MY HAND AND OFFICIAL SEAL [y Commission expires: L. SCHRADER ARY PUBLIC �i Y C► MISSION EMPIRESFMftT7ATE OF COLORADO otary Public PUBLIC NOTICE RE: SAINT NIARY'S CHURCH CONCEPTUAL/FINAL PUD NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 24, 2000 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Saint Mary's Church, requesting approval for a PUD. The application is to remodel the interior and exterior of the area currently used for a garage, and to build a new garage and caretaker's unit behind the rectory. The property is commonly known as Saint Mary's Church, and is described as Lots A, B, C, D, E, F, G, H, and I, Block 93, City and Townsite of Aspen. For further information, contact Fred Jarman at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, fredj ,ci.aspen.co.us. s/Bob Blaich, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 7, 2000 City of Aspen Account Consolidated PUD Application - Public Notification St. Mary Catholic Church - Rectory Remodel & Addition 9/12/00 Properties within a 300' radius of St. Mary Catholic Church: 1) Lot #2737-07-331851: City of Aspen 130 S. Galena St. Aspen, Co. 81611 2) Lot #2737-07-331852: City of Aspen 130 S. Galena St. Aspen, Co. 81611 3) Lot #2737-07-331003: Warren J. Conner & Claude M. Conner 534 E. Hopkins St. Aspen, Co. 81611 4) Lots #2737-07-331004: Margaret Conner 534 E. Hopkins St. Aspen, Co. 81611 5) Lots #2737-07-331005: 6) Lot #2737-07-330005: 7) Lot #2737-07-330421: 8) Lot #2737-07-330002: 9) Lot #2737-07-330007: Margaret Conner 534 E. Hopkins St. Aspen, Co. 81611 ALH Holding Company Inc. 435 W. Main St. Aspen, Co. 81611 Abel & Fana Holtz 169 E. Flagler St., Suite 1627 Miami, FI. 33131 Abel & Fana Holtz 169 E. Flagler St., Suite 1627 Miami, FI. 33131 Godiva Holdings 435 E. Main St. Aspen, Co. 81611 10) Lot #2737-07-330006: Isis LLC 308 S. Galena St. Aspen, Co. 81611 1 1) Lot #2737-07-330852: City of Aspen 130 S. Galena St. Aspen, Co. 81611 12) Lot #2737-07-330851: Aspen Fire Protection District 420 E. Hopkins Ave. Aspen, Co. 81611 13) Lot #2737-07-339002: Kandycom Inc. 766 Singing Wood Drive Arcadia, Ca. 91006 14) Lot #2737-07-346001: Harley A. Baldwin II 205 S. Galena St. Aspen, Co. 81611 15) Lot #2737-07-340001: G.E. Bullock Grandchildrens' Partnership c/o Suzette Goodma 500 E. Markham, Suite 305 Little Rock, Ar. 72201 16) Lot #2737-07-340003: 517 East Hopkins Avenue LLC 201 S. 7th St. Aspen, Co. 81611 17) Lot #2737-07-340004: Aspen Plaza Company P.O. Box 1709 Aspen, Co. 81612 18) Lot #2737-07-380001: Bass Cahn Properties P.O. Box 5078 Aspen, Co. 81612 19) Lot #2737-07-301001: Jean Vick Trousdale 611 E. Hopkins Ave. Aspen, Co. 81611 9 20) Lot #2737-07-347001: Alpine Bank Aspen A Colorado Banking Corporation 600 E. Hopkins Ave. Aspen, Co. 81611 21) Lot #2737-07-332033: Robert Clark Trust 620 E. Hopkins Ave., #5 Aspen, Co. 81611 22) Lot #2737-07-212001: John & Brenda Duncan 5851 San Felipe, Suite 850 Houston, Texas 77057 23) Lot #2737-07-332004: Philip & Marcia Rothblum 624 E. Hopkins Ave. Aspen, Co. 81611 24) Lot #2737-07-332006: Hopkins St. Joint Venture c/o Ted Mularz P.O. Box 1328 Ashland, Or. 97520 25) Lot #2737-07-332001: Hunter Square LLC 2900 Los Ballinas Ave. San Rafael, Ca. 94903 26) Lot #2737-07-332002: Carisch Brothers Carisch Theatres Inc. P.O. Box 391 Columbus, Ga. 31902-8391 27) Lot #2737-07-347851: Pitkin County 530 E. Main St., Suite 302 Aspen, Co. 81611 28) Lot #2737-07-347852: Pitkin County 530 E. Main St., Suite 302 Aspen, Co. 81611 3 29) Lot #2737-07-324004: Pitkin County Capital Leasing A Colorado Corporation 530 E. Main St. Aspen, Co. 81611 30) Lot #2737-07-324003: Louis J. & Robert L. Zupancis 540 E. Main St. Aspen, Co. 81611 31) Lot #2737-07-315002: Gallen B. Smith P.O. Box 241 Snowmass, Co. 81654 32) Lot # 2737-07-351004: George W. Murphy P.O. Box 4146 Aspen, Co. 81612 33) Lot #2737-07-325004: Phoebe M. Ryerson P.O. Box 4222 Aspen, Co. 81612 34) Lot #2737-07-32008: Mel Seid 1104 Dale Ave. Aspen, Co. 81611 35) Lot #2737-07-322016: 434 East Main LLC 408 AABC, Suite 202 Aspen, Co. 81611 36) Lot #2737-07-306852: City of Aspen 130 S. Galena St. Aspen, Co. 81611 37) Lot #2737-07-306853: Pitkin County 530 E. Main St., Suite 302 Aspen, Co. 81611 4 Existing dumpsters The proposal is to building the storage/recycling facility into this hillside. Lift 1 A area from Aspen Street. PROJECT: LAND USE APPLICATION Name: + Apprrt ©14 Location: I D� l?• C=��P� �?('.�,dt�l- GGI� �j.�y'J'�- I� �I,�' {�. aI �J� (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: tj le.W0t.,, 61Lajh1 Address: 10 - 4�f-, Phone #: t-1211 • ���� REPRESENTATIVE: Name: 01hV_N + ^f2eH I T15eT_ Address: 117 Phone #: 01 !?-e 1 TYPE OF APPLICATION: (please check all that apply): Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA s 8040 Greenline, Stream 0 Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Temporary Use Other: Lot Line Adjustment Ej Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) WAVPW� .fib t P>PFI. 15t'!F'I Oa UP r . _ F-l-mr- 70' C-i ry FI i'r'� Fr:vr' f IOVAl.� . PROPOSAL: (description of proposed buildings, uses, modifications, etc.) : J .! ar, F-e-Mot,>e 1.l l ate; �M Pl o`fl% - U01V To � G0NvEjz:rO-iP 10> A4J^�PU f Have you attached the following? (X Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application FEES DUE: $ O ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: : M� 16 ZA140 F.FriooG)r� i- 69Piinoo Applicant: ��a�� r: V - ✓ 111 GN;, WIL_ eA- W-00 ( F- Location: Zone District:i Lot Size: :7, Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: O Proposed: O Number of residential units: Existing: 2 Proposed: �7 Number of bedrooms: Existing: Proposed: 5 Proposed % of demolition (Historic properties only): C,0 DIMENSIONS: Floor Area: Existing: 1 able:� (oZ� Proposed: TAllow r _ i Principal bldg. height: Existing: %91. 4Y+ Allowable:. +,e9 Proposed: 35--, Access. bldg. height: Existing: IJoHV-� Allowable: 4;or' Proposed: 2� On -Site parking: Existing: ? % Site coverage: Existing: OZ7 % Open Space: Existing: *73% Front Setback: Existing: IONS Rear Setback: Existing: POPr-- Combined F/R: Existing: P.^- S�S `'� �� Existing: i 1 �. 3 � Side Setbac : Existing: 18' wp*' *1t,)g C i bind Sides: Existing: P .,Ar . Required: 5 Proposed: 15 Required: _ F�4X =Proposed: �j2 • Z-� Required: 25 ® Proposed: <078� Required: 900 F,- Proposed: I,-�tJE Required: 044J 9-- Required: NA-. Required: OO N 1•- Required: t•-3005- Proposed: 01:9N 15-� Proposed.• -- Proposed Proposed.• 0 � Required.- H-A,- • Proposed: Existing non -conformities or encroachments: 0 I-+H V*J r i 0 ,jr- Fz-.Q. W. ac/ e: �vwp'Gi4 1NTa �� W' ri?,�NIz_ or 4:W" Variations requested: A ipI �i101 H 101 M U M PI POW1I�D 1% I 1� M ITT'. "ITY OF ASPEN RE -APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: PARCEL ID: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Fred Jarman DATE: August 24, 2000 St. Mary's Rectory Remodel & Addition View Plane Ohlson Kelly Architects Archdiocese of Denver, Fr. Michael Glen Consolidated Planned Unit Development (PUD) The applicant wishes to construct a two-story single-family residence above a three -car garage adjacent to and slightly behind the existing St. Mary's rectory located on the comer of South Galena and Main Street. The proposed building is on the lot directly across from the Pitkin County Courthouse. The proposed building will breach the County Courthouse view plane by .5 ft. The applicant is proposing a final PUD plan establishing the dimensional requirements for the parcel and allowing the proposed structure to breach the view plane as proposed. Land Use Code Section(s) 26.435.050(A)(4) Courthouse View Plane 26.435.050(C) Mountain Plane Review Standards 26.445 Planned Unit Development Review by: Community Development Department, Zoning Officer, P&Z, City Council blic Hearing: Yes, Planning & Zoning Commission and City Council .,zeferral Agencies: Engineering, Zoning Officer, Historic Preservation officer Planning Fees: Planning Deposit ($2,310) Referral Agency Fees: Engineering Minor ($170) Total Deposit: ` $2,480 (additional hours are billed at a rate of $195 /hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number. in a letter signed by the applicant which states the name, address and telephone number of the representative(s) authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 20 Copies of the complete application packet and maps. Planning & Zoning Commission =10; Planning Staff = 2; City Council = 8 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 920.5080. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. Process: Planner reviews case for completeness and sends to referral agencies for referral comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review [Section 26.445] Case planner makes a recommendation of approval, approval with conditions, or denial to the Community Development Director. The Director makes a recommendation to'Planning and Zoning Commission and City Council. The applicant shall notice by publication, mailing, and posting (see section 26.304.060(E)(3)(a)(b) and (c), attach a picture of the posting notice to an Affidavit to be brought to the public hearings. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Land Use Code Information Chapter 26.445-PLANNED UNIT DEVELOPMENT (PUD) 126.445.010 Purpose. 26.445.020 Applicability. 26.445.030 Procedures for Review. 26.445.040 General Provisions. 26.445.050 Review Standards. 26.445.060 Application Materials. 26.445.070 Recording a Final PUD Development Plan. 26.445.080 Notice of PUD Designation. 26.445.090 Placement of PUD Designation on Official Zone District Map. 26.445.100 Amendment of PUD Development Order. 26.445.110 Enforcement of PUD Development Order. 26.445.010 Purpose. The purpose of Planned. Unit Development (PUD) designation is to encourage flexibility and innovation in the development of land which: A. Promotes the purposes, goals, and objectives of the Aspen Area Community Plan. B. Achieves a more desirable development pattern, a higher quality design and site planning, a greater variety in the type and character of development, and a greater compatibility with St. Mary Catholic Church RECTORY REMODEL & ADDITION 9/12/00 Consolidated PUD Application Description of Proposal: The Archdiocese of Denver proposes to construct a two-story single family residence for staff housing above a three -car garage, adjacent to and slightly behind the existing St. Mary's Rectory located on the corner of South Galena and Main Street. The proposed building will breach the County Courthouse view plane by 5 feet. We are proposing a Planned Unit Development designation for the property to allow the proposed structure to breach the view plane as proposed. PUD Review Standards: A. General Requirements: 1. The proposed development is consistent with the Aspen Area Community Plan. It complies with the current land use requirements of the Commercial Core zone. The proposed use of the new building is for residential and garage use. The two -bedroom detached dwelling unit is permitted as a conditional use in the Commercial Core zone district, since the property contains an historic landmark, the Rectory. 2. The proposed development is consistent with the character of the existing land uses in the surrounding area. Staff housing is encouraged in the Community plan, and is a feature of many downtown developments. The proposed dwelling unit will be located above the street level, which is the recommended location for dwelling units in this zone. 3. Since the proposed use is in compliance with current zoning, it does not appear that the use would adversely affect the future development of the surrounding area. The proposed residential use is for parish staff housing, and on -site housing is encouraged by the Community Plan. 4. The proposed development is exempt from GMQS. B. Establishment of Dimensional Requirements: 1 a. St. Mary's Church property is in the heart of the Aspen Commercial Core zone. The future land use in this area is, therefore, most likely to remain commercial. The proposed staff housing is located above the street level, which is the recommended location for residential uses in this zone. The proposed land use is compatible with existing land uses, and appears that it would also be compatible with the anticipated future land use of this area. The proposed building height is 24', significantly lower than the 40' maximum building height limit in this zone. The new structure will also be located immediately across the alley to the north of City Hall, which is 38'-6" ± in height, adjacent to St. Mary's Church with a height of 43' ±, and the Rectory which is 29'-4" high. Due to the allowable building height in this zone and the height of the surrounding buildings, the proposed building height appears to be compatible with existing and future land uses in the neighborhood. 1 b. There are no natural or man-made hazards to consider. 1 c. The most significant natural feature of the site are the large street trees surrounding the property on Galena, Main and Hunter Streets. The trees on the Main Street side of the property make a significant encroachment into the Courthouse view planes. The proposed building, is located to the south side of the property. This location places the new structure under that portion of the view plane which allows the maximum buildable height on this property, and creates the least encroachment into the view plane. Although the new building will encroach 5' into view plane #2, it should have a very insignificant effect on this view plane in comparison to the impact created by the street trees along the Main Street side of the property. 1 d. The effect of the new building on existing and proposed man-made characteristics of the property has been discussed in 1 a. The proposed building height will have no impact on the following; noise, traffic, transit, pedestrian circulation and parking. 2. The proposed building height is necessary to create a two-story structure which will fulfill the building program requirements of the Church, with the minimal site coverage. This compact building footprint is necessary in order to maintain the existing grassed open space area between the Church and the Rectory, which is the central feature of the historic site design. This open space is used frequently by the Church for social gatherings, and by the Aspen community for certain public events. 2 Were the proposed structure to be one-story, a quarter of this open space area would lost. The proposed building is considered a secondary structure to the Rectory. It is designed to compliment the existing historical Rectory building, both are two-story structures. The proposed height of the new structure is designed to maintain a carriage house scale. Its 24' height is 5'-4" lower than the main ridge height of the Rectory, 19' lower than the Church ridge, and 14'-6" lower than the adjacent City Hall building. The proposed height of this new structure is compatible in scale and massing with the existing structures on this property and in the neighborhood. 3. The number of proposed off-street parking spaces has been established based on city parking requirements and on the probable number of cars used by the residents of the proposed development. Five parking spaces are proposed. Two spaces are proposed for the Rectory, since two bedrooms will be provided. However, the pastor will be the only full-time resident in the main house. The ADU in the Rectory will be a one -bedroom unit, and one space will be provided to accommodate this unit. The two -bedroom dwelling unit in the proposed building will have two parking spaces, although this unit will most likely be occupied by a couple with one or two small children at most. Due to the proximity of this property to the commercial core and the availability of public transportation, the provision of three parking spaces for both of these housing units appears to be more than adequate. Parking is proposed for the on -site residential uses only. On -site parking has never been made available for parishioner parking. Street parking is available for parishioners. Since most church gatherings and events occur. on Sundays or in the evenings, street parking has always been adequate to meet the parking demand. 4. Reduction in maximum allowable density due to infrastructure capabilities, not applicable. 5. Reduction in maximum allowable density due to natural hazards, not applicable. 6. Increase in maximum allowable density, not applicable. C. Site Design: 1. The Church property is one of the few remaining sites in Aspen of its size, half a city block. It has remained virtually unchanged for 100 years. The 3 most significant natural site features include a large grassed yard/open space area; the prayer garden with a statue of St. Joseph and a bench which provides a resting spot for many visitors; and a very mature hedge of lilac bushes along the south property line. The wrought iron fence along the front of the property provides a distinct reference to the past through its detailing, and is probably the most identifiable man-made site feature. The proposed site plan maintains these existing features in addition to the historical site layout, driveway access and circulation. 2. The proposed new structure is a two-story structure versus a single story building in order to preserve as much of the grassed open space area as possible. The building footprint is reduced to the smallest footprint possible which will accommodate the needs of the required building program. The new structure is sited close to the existing Rectory. A 5' building separation is proposed, versus the required 10' separation, in order to reduce the encroachment into the yard area. A variance is requested for this separation. The new building is also sited as close to the rear of the property as possible without disturbing the existing lilac hedge. There are two Courthouse view planes which project from the Courthouse site across the entire open space area between the Church and the Rectory. View plane # 1 is directed across the west side of the Church's open space. The inclination of this view plane is redirected to a steeper angle due to the location of the City Hall which is intersected to the south of the Church property. The proposed structure does not encroach into this view plane. View plane #2 covers a large swatch of the site. There is very little site area remaining for development to the west of this view plane. The proposed building is located as close to the Rectory as possible, while still maintaining a minimal building separation in order to reduce the view plane encroachment to a minimum. 3. The proposed building is oriented parallel to Main Street and is intended to be subordinate to the existing Rectory structure. It is designed in the scale of a carriage house, with a two -bedroom dwelling unit located above a three -car garage. Because the new dwelling unit will be used for staff housing the entrance and principal windows are oriented to the east, onto the grassed yard area instead of onto Main Street. The pastor does not wish to attract any public attention to this entrance in order to maintain the employee's privacy. It is also critical that the Rectory entrance on Galena Street maintain the identity of the primary residential entry on this site. The location of the entrance to the staff housing unit towards the Church, versus Main Street, also minimizes the conflict between pedestrian and automobile traffic, which is a goal of the Residential Design Standards. The garage doors are located on the street facing side of the building. 4 4. The buildings and driveway access onto the Church property are appropriately arranged to allow emergency and service vehicle access with minor modification. The City Engineer and the Fire Marshall have informed us that fire trucks will access the site from Galena, Main and Hunter Streets. The alley will be used as a back-up access point. Since the depth of the site depth is 100', and fire trucks have a maximum hose run of 150', there will be no problem accessing any area of the site from the streets surrounding the property. The existing asphalt drive entrance onto the property is currently 9' wide. The paved entrance width will be widened to 10' to meet current residential drive requirements, and the adjacent lilac hedges trimmed back from each side of the drive entrance to create an unobstructed entrance. 5. Adequate pedestrian access is provided. There is a covered porch entry provided for access into the dwelling unit in the new structure, as well as a 3' shed roof over the garage bays to provide protection from the elements. Existing concrete sidewalks will be modified to provide a more informal walkway system between buildings. Access for a handicapped employee is currently available into two small guest rooms existing in the lower level of the church that if necessary can be retrofitted with a full kitchen. 6. The existing site drainage pattern will remain unchanged and currently creates no drainage problem to surrounding properties that we are aware of. D. Landscape Plan: 1. The landscape plan proposes to maintain all existing vegetation, since this is an historical site, and to revegetate any areas disturbed by the construction. Proposed plant materials adjacent to the new building have been specified by a Landscape Architect retained by the Archdiocese, with many years of experience in the Aspen area. Plant species have been selected which are suitable for the Aspen climate. The health of the existing lilac hedge that separates the church property from the alley adjacent to City Hall has been reviewed by Landscape Architect, John Laatsch. Mr. Laatsch's recommendation is that the Church begin a yearly program of pruning and plant care to return vigor to the parent plants, which are on the Church's side of the property line. Dead wood removal, pruning, fertilizer and mulching should be included in this program. The secondary lilac growth, which occurs on the City Hall side of the Church's property line also will require maintenance to survive. It is 5 recommended that a similar maintenance program be provided for this growth. To prevent any disturbance to this existing lilac hedge during construction, Mr. Laatsch recommends that the new building be located no closer than 7' from the property line in order to be able to protect the roots of these plants. Prior to construction the roots will be pruned minimally, wrapped in filter fabric, and a drip system used to maintain moisture to the roots during construction. 2. The most significant existing natural and man-made site features include the grassed yard area, prayer garden, lilac hedge and the wrought iron perimeter fence. These features are significant elements of the historic site plan and will be preserved. 3. The Church has retained Landscape Architect, John Laatsch, to prepare a recommendation for the protection of the existing vegetation. We feel that with his years of landscape experience in the Aspen area that his recommendations will be appropriate. E. Architectural Character: 1. The proposed building includes a garage for the residences on -site, and one staff housing unit above the garage. This structure is considered a secondary structure to the Rectory. Its scale is that of a carriage house. It is designed to compliment the quality of the existing Rectory, but not duplicate its form, nor its architectural elements. The proposed building will have a brick facade which will compliment the existing brick on the Rectory. The detailing of the brick exterior will consist of header, stretcher and soldier courses, as well as varying brick sizes, to distinguish it from the historic structure. The roof material will match the new shake roof on the Rectory. The HPC has requested that the roof pitches of the new structure be steepened to reflect the roof pitches found on the Rectory. The gable over the dining room area was steepened to a 12:12 roof pitch to accommodate this request. The main horizontal roof ridge was then raised to meet the dining room ridge, and the pitch of the gable over the bedrooms was steepened so that its ridge height would meet that of the main ridge. The roof height was increased by 8", bringing the overall building height to 24 feet. A scale and massing has been established for the new structure that will impose a minimal impact on the Rectory. Both buildings are oriented parallel to Main Street. The new building is located to the rear of the P property, and is also set behind the Rectory to reduce its impact on the historic site layout as seen from Main Street. The Rectory should remain the most prominent residential structure on the site, since it is the original residence and an historic structure. We feel that the carriage house quality of the proposed building is indicative of its intended use, and that it is compatible with the scale, character and massing of the adjacent Rectory and with other historical buildings in the neighborhood. 2. The new structure is oriented with the majority of its window area facing south. This orientation will allow for natural solar heating of the dwelling unit throughout the majority of the year. The mechanical system in the existing Rectory will be upgraded with a new mechanical system, which will improve the heating efficiency in this building. 3. We have broken up the roof on the proposed building into small roof masses to reduce the amount of snow build-up on any one roof plane. Roof slopes on the proposed building shed most of the snow away from the garage doors. A secondary shed roof is provided, which is 3' wide, over the garage doors. This roof should break the fall of any snow or ice directly onto the drive below, and will also be provided with an internal drain system and snowmelt. A gutter system will be provided over the storage door on the east side of the new building. On the Rectory, there is currently a rain gutter on the south facing eave of the non -historic portion of the Rectory, over the walkway into the rear of the house. This gutter will remain. The roof over the northwest side of the Rectory, which is also a non -historic addition, collects a heavy load of snow which is dumped onto it from the roof above and requires a considerable amount of maintenance. A new concrete slab roof will be poured, which will include snowmelt and an internal drain. F. Lighting: I. Exterior lighting will include the addition of low-key, fully shielded incandescent downlighting at the new garage doors, garage man -door, and at the entry to each of the staff housing units. New site lighting will be provided at the relocated prayer garden. This lighting will include low intensity garden lighting which will illuminate this garden and the mid -point of the walkway between the new building and the Church. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards for residential uses. 7 G. Common Park, Open Space, or Recreation Area: 1. The proposed development includes maintaining the existing grassed open space between the Church and the Rectory. The proposed garage/staff housing building is located close to the existing Rectory to maintain the existing open space area which provides visual relief between the buildings, and is needed to maintain the view planes of Aspen Mountain from the Courthouse. 2. The proposed development will remain under the existing sole ownership of the Archdiocese of Denver. 3. St. Mary Catholic Church will continue to maintain the open space on this property. H. Utilities and Public facilities: 1. The remodel of the Rectory and the addition of a new building, which will include one staff housing unit, will result in the addition of three new bathrooms and one kitchen to the existing development. Adequate public infrastructure facilities exist to accommodate this development. 2. Any adverse impacts on public infrastructure by this proposed development will be mitigated by the necessary improvements at the sole cost of the owner/developer. 3. The developer and owner of this property, the Archdiocese of Denver, will provide at their cost, the necessary utilities and site improvements as required to implement the proposed development. I. Access and Circulation: 1. The proposed site plan maintains the existing Main Street driveway entrance and drive location in order to preserve the circulation pattern of the historical site design and the existing open space area. The driveway entrance and apron will be widened to 10' to meet City design standards for residential driveways. 2. The existing development requires on -site parking for two cars. The proposed development includes the pastor's residence in the Rectory, the conversion of an existing employee dwelling unit within the Rectory to an ADU, and the construction of one detached one -bedroom residential dwelling unit. The proposed development will require the addition of three parking spaces, for a total of five on -site spaces. The site currently provides Q parking for seven cars. The reduction in the number of cars parked on -site will reduce the impact of traffic entering onto Main Street from this property. I Phasing of Development Plan: 1. The proposed development plan will not be phased. 0 St. Mary Catholic Church RECTORY REMODEL & ADDITION Consolidated PUD Application Property Address: 104 South Galena Street, Aspen, Colorado Legal Description: Lots A -1, Block 93, City of Aspen, Colorado z :SPA rr— - - - V : 133"Is N3dsv x o �'' � � � � �' `• `mac 133H1S1 3 Z fl.. l'7VW 1S lIIW `C U f? r= '1S VN31VE) r n t r H31Nf1F ZE Lai ~ U r !DNIadS fi. I 3.i :...::•1; .. . a '1S'IVNIDIHO tip• ¢O�Q ,� 17p0. '1S ON3 1S3M W m v ? d s 3 3NVl ANV3NS �S Ob SMODy3W c 5 1S HiHDt3 <_ R V C d C '1S H1N3A3S LU ? U ¢ � ti ti0 rn> m I~i! ti O p w a y a c N U 2 W p 7 Y us � c 4 h C d h ¢a ca z ti z z w cr fL v U u 10!! Ljn < J -ic . d D m LL ) 0 �Pt 5 m / m g oy fr z < a w 2 Q _ ii� r- a UOz • Hrrlrtn• • • � � � ¢ • U } a '1S lllW PLO ti Qcr . LS �plSkl3AIk! •3Ad �ddd w y aNd101w � � gf1N3A e s c o J Q a)' i 3Nvl IV1SAH a z C >`0. n�-nh 20 O R �I t~ ' ,rep Er O � i i i � � '� s�► O i ' t i � 1 i i i 1 w y�� " O i i w yj `I�l IQ e 1 N i 1 i i ; j� ^ rQ� r ; ' ; , 1 ; ; 1 ; ' ; i 1 ; i 1 I� t i •� IL _4: tiz ;e 4± ; ; ; h`1 •N {([ ci � ; r 1 t 1 1 t I r t i •� . �/ I*d iJ � ,J .r r • t R % ' t t w1 � � 1� 1'� • `� i 1 ' �` 1 Q •N � _p r` ' �i + t i i , t i i i 1 1 ; ; r ; t s 1 � � O 't ; 1� , O t 1 r � O �i TQ IQ >� � i , ; , , V t 1 I , , ( ! r i 1 ' ' I I.. r r ' ; 1 •I�i 1 �% t 1 1 1 '� 1 + t 1 •rJ O T\ 1 }i � f t , , t 1 , 1 t , 1 , , 1 , r , Q� t �f O r � � ,� ' , ' r r 1 1 i O ' i i , �, i � 4i �. yJ ^` 1 , `i t ; ; t 1 � ; ; 1 s ; ; , ; t ; R� "fJ 4 w � t 1 � �jt 4'1 1 N � •7J 1 t 1 1 �_ �- �$ ; I r' ; , ^ '1 VJ�,j', + 1 r r .i t ,• ' 1 I i �, i 1 ^ •/mil ; ma's Y i 1 ; ; I 1 ! r 1 ; ; t , ; ; O rrye cV ♦ tJ ' t 1 , ({► 1 + ' , O \' ' � • 1 , 1 1 O 1 , ' ' • I �r , 1 jtlj} 1 i1i = 1 t ! IL ; . ' ' 1 ; ' 1 1 ,� �; w + t ; �1 1 1 ; , 1 ! I 1 1 ; ; 't ; r r 1 04 �% TEA �,t �vl •N Q: 1 ; f w IV 1 : ,. t ``. 44 '{ ' JI !1 1 ; ' 1 r 1 r 1 I ; ' t , •N Vt ( ' 1 (V � � t 1 t ^ � � 1 1 !1 Ni i ' ' '.Y' i ; 1 rf�• 1, ,� i r ` + i + + t ' 1 i i ' ' ; i i ; ' 1 IW N s\ �•' O �i ' i i .64 i 1 , N! �' 1 � (� +� � , �• 1 , 1 1 1 , 1 1 1 , , t , , � � W � 1 • � � Q7 1 ( � � � 1 1 ; 11 j j i T 1 i ; i 41 co I 1 • i r i i 1 i i i ' ' i i i ' ' 1 4� a 1 �1 .�j T400 li •rV 7 ; ` � t ; ' ; t ' 1 1 1 1 • 1 ; 1 ; ; ; ; ; O •• +� 11 ♦ \- 1 \, R A� *� O ; / 1 O ' ' j r 'y , \ ,' i � 1 _ •+ ,� 1 1 f•t♦ � r , \ , , 1 1 , , 1 ! 1 r 1 , , , , r + , � Q � �/ , 1 � t,� � I I , � O � + , _ , , _�\r; wi' }; ; ty'- ' JJJ111r i i c ' i i i i i ' i i i 1 % O •N r ' 1 •ft..1l iT1► N O p CO ' , i t t O r V ^� O `1rl t T� 0-4i 1 i 1 ; 1 ` r ` 1 1 �+ •, ; j , ' 3 1 , �i (\\ I �'' ' •�� Qi t ; i� w ; ; �D •� \, s 1 1 + 1 1 1 ' 1 1 , , 1 N y, 1 w r 1 r 1 r r t ' ' ^•�l\ ; ,�1 \ to i ` , • w , Q '�''7 ,�r�! ' i ' �� r ; ._ .i . _ i. r r ; t 1 r 1 ; - i r f , f ; t'O m YJ r 421 r •�"1 / , O r t� N �Iv , + �; 1 1 t , c 1 t 1 , r , 1 i 1 + '� 1 'IJ O r � , t * r' F - /•• �� 1 ; � � ' O O •IJ 1 1 � � � � t f ; t ,1 r a' i :\� t' f r + ( r 1 ' 1 1 r 1 , , , 1 ! , , �l L•1 , ^�l •Al ` e� r , ; ; ; , r ' � ' O ' I • ; t I 1 ' 1 , I + +' 1 1 ' , I ' ; / I ,� N ' � ,•� N7 Qi '• '� + I , R ; ; , •N •N . nl 1 1 , , K r , 1 I r• r 1 1 , 1 . s +� V ^ 1\ 1 ' J ' 1 r ; R ; ; �i ,,J ; +•� ; ;; , r \� n, , ; ; 1 ; ,. 1 r r t t ; ; + ' O COy Qi •� I I V q I ' r 1 `iJ 1�•. s �': '\��f' t i 1 t r s ; , t r ; ,� `Z 1•'O I t 1 •N N t s , r�� �• i V 1 ' r O , O 1 ' , 1 ; ��'s , �i 1 1 j , 1 t. 1 r r ; , , r 1 ,,� r� % 1 N ,� -� 1� 1 r ; co O ' "7 r . 1 t '• ``j �p f: ' t i i I ' ' i• 1 i i i ' i i i 1 •� q ►'` ; +`� O •Al ' 1 + O IW �, O r 1 � i 1 r I , 1 � 1 i t � � Ip / 1 1 g r 1 ' i k r + , ; ' 1 t Go 0) O i N O 1 1 1 •fr, t4 `� 1 '• rQ�i ��i � , 1 1 1 ' + r + + I Al , y l� � `i� � jr��j � r , � ; ; ; {'•� T 1 lil\ � � � i i 1 t 1 I ! ! 1 1•, ; ; ; 1 i ; , ; ; �i y� � Qi ,� y � �3 ` � 0: ; 1 ; 1!� O ? � 1 , 1 i� g `1J ' 1 �% /� Q l� q r r •, Cl �, It `J' q ,� , 1 �I l f 1 1 1 1 , r r , 1 •Al Ci "R \:�; 1 _rltt 1 ' O r '� T 1 t 1 t 1 I f , t ; , 1 �l i► ,� � �1 Y.l � 1 , 1 �l i� �►,1 I 1 ; 1 j' t 1 t O � , y I , I , 1 t I I 1 . , , t , � •• Q T `�`t r(�r� O t , 1 •,J , 1 1 1 •. 1 � •� �' � `l ' � ; ` i ` �' t I , 1 t I t 1 r . ; 1 t , ; 1 ; � w 1 � � �• 1 `I �.Ij � �' � � s ; 1 (� � I r � �, O ; 'i i + � R � t t c , , 1 ' , i i ' ' ' ' r ' '4J ' ,L`l •w ; �iJ � I�_7 N 1 t •,�l � � i r r 1 O t 1 p .. ' + I 1 , 1 + t t t. 1 i ; 1 t 1 , r 1 , t O t • t r 1 M S V r t t ' j 1 1 ; ; 1 1 1• 1' 1 + , ' 1 Qi 1 •� .(` 1 t r F- P,4 Go O N4 ! 1 rO�r� 1�'► 1 r i� } � Yi � � � ' � �• �. , 1 ��% t t t 1 ►. r• / r , i t � � a � � R � � ,, 1 r �J N � V I� jf g N a ; `�' ;` �y ; i t :; ; i i i' i i ; i i i R pp O ; .• 13j w ,�j N , i p q ^I•� :r !� O 'N , t" '` 1 R i •I.l O + O O i t r 1 , , 1 r• 1: 1 r , r t R to P4 O co \, `� ; V V OJ i� "rl 1 i 1 [\ ; ! t I i i 1 f. t r r ; ; 1 r t O ; r •N 41 j 1 C N 1tr��1 it t� 1� � ..1 t , f �r r , t , I r • r , ; , r 1 � R IL � 1 O Q� , t t t` 41 \ ; �. ,!\ I •+� q •,., , I ,, 1 t ! , , I" t 1 , , , t ; 1 1 1 , + ,.�% J , ' ro �+ 1 , 1 I i 1 ,• t I 1 i ' , ; t •� ,yam !� _ N R N ' _ li } \� V• t O- ' \\,V.,,-r O Q: O � ; r ` , 1 1 r f r 1 ! 1 ;• 1 , , 1 ; ' t � rJ V Ina� N , r C� `1J 1 I 1� •i ��••tt" 1 1 1 r t , t r � ty�i t, ; � I '{J "�7 i •� R ' � •� rO� ',3 i ; •�i ; t i ! 1 i_ ,• i. i f , i � i t � � �V 0p ,C i i � Q 4j � N ,�•V ; ; tt1 , I I 1 , +•� f 1 , 1 I I 1 1 t I + I' 1 ' 1 I ; , + ci •64 Q i / N V �+ � ,� �•••+.+ •i.� ,� ; ; f ; ; 1 ; , t 1 r ; 01 � O � � � !` n to 1(.�1 r•Sri , 1 1 � i + � ,� 1�+ 1V t R Ili `7 •� f 1 '\ • 1 � 1 � t � V � �jn• 1 �A��dT , •jam � � , t dii � � O I 1� p tom'• 1 1 j :� ; r R +•O -`r \ 1 ; I i i ' ► t 1 i ' i ; ; _ ; .� I i q�l w i V g i t i a 1 r r v , I t , 1 r 1 , 1 s (J 1 r ! ' ;e 0• ' w 1 ; `\j 1 1 j ; 1 1 1 t 1 ; r / t 1 1 ,� O'i It , r i t 1 �• 1 , V ' V ` 1 1 1 1 r 1 r• 1 r 1 1 s , ' t 1 ti .,J + r O 1 1 1 1 , :y ' `-+ ''V ' I I yp = � �NJ• +�' � 1 t + 1 f 1 O: t t ' t 1 � •N `�5, 1 ;, w r `�! .1 ' ,� : i w� .• �' � 1 1 r 1 1 tr t , 1 r r ; r r 1 rO % O ; i '• •I.l �lO,r� � QOj 1� i i `i�l + - ; i ' ;� ': ' 1 `�.t � i � •� , ' t r ; ; t t !. • . r 1 ; r ; r t 1� � � � � � 1 •� �f 1 r Q: � �. 1. r i tl ' ' ; / `, ' O ; h ' ,� Iyc� w ; ; � ; ; r f ; ; ; i i ' i i ; r4�1 1�N a tO O i i `J�� '� '� C� � i i •N � � .,.�� ;. � i �1 � -1 1 � ' / �' 1 l � �i .� ; ' � � ' � � � ( ' I � ; i ' ` ' ; ; t•� V Qi ^ � ` � � V � � � � + � � �1 Ti 1 � ; I 11 �y1f 1 t ; wl .N R E3�i l ; F ; ; ; ; e ; i _,Oj •lIJA ,; t� R ; ; ; `O �^ 1 O �3 p i VPI 1 `) t ' r t I I t , 1 , , s , I `IJ V O , / ' !•� !� V 1 11 1 1 �(, Wt 1 r 1� 1 , `-- 'tltt 1 I I 1 1 + ' r , , 1 � r� � t 1 ', \t �, `IJ 1 IL '00 , \ 1 1 1 ' t 1 , ; 1 ; i c t r'® N 1 , t O `IJ w t r •yJ Q� Al C 1 1 r PS r.� O ; t , �� i ; t ; 1 ; r ;; i i ; 4� re. Q+ , 1 O O 4� r i R ,e 1 i t t t0 + , 1 � r r.. %5 ,Q I , , I 1 t 1 , , I 1 1 1 , 1 , t eJ Ir ,\r sir I / •� \' 1 t' •� ` ' O r f ' ,� 1 1 + I ; 1 1 , r ' , !'� �vt t 1 �1 awl ,� N 111 I 1 •4 Q 11 1 V 1 ' 1; 1 •�i � � � ; �' + I t r t 1 1 � ' e I ttS, �`j.: f� a'J `�(,.r t 1 t ; ; r I qe�� � �1 •� +�,t+ t � � .,� 1�. ,� � p i ; 4l y�j•� +� ,C i ; i t�, ' t - •1J i 1>\ ti 1 1 I t t t 1 ; t 1 t , ; , i 1 1 • , , , `i , , 1, Y; , w C, N , 1 �, 1 I , , 1 I 1 1 r r ; ; i i p •f1 ; 1 r ;It 00 IO 1 i / f' + i i •� i i •\ ; f e ; ; i i ; i i i i i i o0 •p'Jr> q i iOo ' I ti 1 1 Q C i 1 \; ♦ 1 ' / ; i ; ; 1 1 1 1 ; r i i i % C` O t ; 1� q w O 1 ; p y � + I + r �► V •1� ►� •� ' _ `�l y�l t 1•�• r I i ci 1 1 44 � 1 i p •�+ I 1 ^C V O i t I 1 , t `•' I V , Q ,� IL O /+ �,,, 1 `Y, { + ; i t I r I I t = , I i I tV R 1 ; .N te1 1 '.� T t t, L• , 1 r �► ' ' T 1 I + , 1 1 t + r 1 , I ' t 1 i 1 1 .,� •��t 1� , , , Q� Qi O m 1 1 1 ``• I _ l• Q I�G \fit' i I 1 ! ! ' ' 1 = + t 1 +b1 1 •� V .1�QL Ci 1 i ; t I1 i i 1 ; r ; , 1 i �`!J .11 , , ; ; htr, •� •� ; i 1 , , , , 1 , 1 , r , , 1 N •N b 1 1 , ~I °� °i r + r n 1 e •*J ' ' + N7 T%i t t t 1 T, , I 1 ; 1 I ; I ; r 1 1 I i i ; i i •IOj N t 1 �• 1 Q% C� 1��w i Ile Q Ile 1 ; �! , ; 1 ! •fl '� , e 1 , I 1 1 , ' I ; , / t 1 . •W r � � `}�� t 1 i ' i i + i i , � , t %a' eg � � , al e V 1�, +mil .' ; ' ; f t t ' t t i i i ' ; /..i Qi 1y `�•l 1 f , /�` 1 {M�•( , !J /y • R` 1 , , r ,1'rr +� ilii 1 1 1 4 1 r �.' •�.i •r,ii O U Ai r , ) j / .v 1.� }� r 1 1 ; t r r ' r ' ; ' I `I/�"� iV 1 , , O� 1 1 O �-• �t ��"1 Py'\- V 1 rrO`` ; �• �11 O i a��l V t� V i i i i ; ; i t 1 1 t r i i t W • I ; . �l `�l ; i 1'O ,�_' "► V ; ; i ! i 'i gV O '� =� r i i t t ; j i j i ;;� O Q , , •� % t t 1 •� , r 1 01 •e 1 T , t t 1 , , ri O 1 � a9 ci IJ � , , 1 I + 1 1 + + + ' , 1 + O I 0 •� � . �• � 1 , 90 1 1 c Cl 1J 1 t t t t 1 ' ' r - , r 1 1� •p 1 1 ` % t O ; 'N I t `IJ ' 1 � N �p � ; � ; ; , t t r i i r 1 i , ; ; ; ; � •� w � � V ; ' al a I'e Iv44 � �Ci - r*'+i � i i I '' '�► •}J '� 'v 01 1 + i I f � ' t i i i ' ' � ' : � ' ; ; O � '� i ' q O R �.l � i i •Ml i i •tl 1 O ; 1 O O O / i + i i. i i + i ' i N 41 , ; v } 0� f , , ' O 1 I t 1 t 1 + + + T O 1 .. �0 V Y.l t � 1 i t i i ; r ; + '� w1 r`` i i � e •C� •N O �0 1 ! j\ 1�? 1 I i ! y ; ' I I, °p 1 i 1 1 i f 1 1 1 i 1 I 1 1 f 1 ' 1 1 , 1 , r , 1 , f , 1 , ' , 1 1 , � 1 1 1 , 1 i / t 1 f ' ' 1 / t 1 ll t , s 1 ` 1 ' t l.r ' 1 I ' r ' All. , ' 1 1 I 1 M , t _ 1 1 , ' I 1 1 r ' / 1 ; _ 1 1 , 1 •t ' , 1 1 t r 1 • � 1 1 ' 1 ' � 1 I r � 1 1 1 ' 1 , t , o fit; r 1 44 0 4 ' 1 , C 4 t N ! w ' w ' 1 t 1 •� I 1 , 1 1 , 1 = 1 , 1 , I , 1 , I , 1• 1 0 N, C) . V ' >. 1 40 1 1 { ; �' W�R V , JJJ O. ` a ' �IIIII��I�III�I�� - ..•.rnr...=nip.,.. _ .. +"•i•rr-:.. ^.�_i -.w.:. • - --• •" .. w.. ^... .. .. _.. 4 i � J .o QP3 `4 ` ' O, 1 ' t , .✓. � 1 1 N , 1 i i I MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director\ J FROM: Nick Lelack, Planners(v ` � RE: Aspen Skiing Company - Conditional Use Expansion DATE: October 24, 2000 APPLICANT: Aspen Skiing Company REPRESENTATIVES: Bill Kane, Planning Director LOCATION: Ajax Base ZONING: Conservation LAND USE: Ski Use and Facilities REVIEW PROCEDURE: Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use, after recommendation by the Community Development Director. SUMMARY: Ski lift and other ski facilities is a conditional use in the Conservation Zone District. The Aspen Skiing Company is requesting conditional use approval for: (1) World Cup and Alpine Ski Races; (2) Mountain services center at Lift 1 A for recycling and storage. The requests for apres ski and the Aspen ,Valley Land Trust office have been withdrawn. The arrow points to the proposed location for the mountain services center. STAFF COMMENTS: The Aspen Skiing Company (Ski Co.), represented by Bill Kane, Planning Director, has submitted an application for conditional use approval for ski lift and other ski facilities at the base of Ajax. Ski lift and other ski facilities is a conditional use in the Conservation Zone District. Specifically, Ski Co. is requesting approval for: (1) World Cup and Alpine Ski Races, and (2) Mountain services center at Lift 1A for recycling and storage. NOTE: The application packet includes two additional requests which have since been withdrawn. One was for an apre's-ski use and other was for an office use. World Cup & Other Alpine Ski Races The first request is for World Cup and other alpine ski races. The Ski Co. intends to host the World Cup in late November. Other alpine ski races include 24 Hours of Aspen, as well as other professional and amateur races. These events usually include tents, scoreboards, fences, portapotties, vendors, banners, bleachers, monitors/screens, etc. These events have been held on the mountain for nearly 50 years. Community Development Staff recommends approval of this request on the condition that the Applicant continue to apply for and obtain Special Events Permits for each event from the City to ensure that all emergency services and impacted organizations can plan for each event accordingly. Mountain Services Center at Lift 1A The second request is for a new mountain services center at Lift 1A to consolidate all of the mountain's delivery, trash, and recycling functions at one location. The proposal is to construct the facility next to the Lift 1A terminal building. According to the application, the secured food storage area will have coolers and dry good storage areas. The Applicant has also committed to screening and landscaping the facility to provide a more attractive visual presence than the existing dumpster. The storage and recycling area will be built into the hillside to minimize visual impacts. The facility is accessory to the ski operations and is exempt from the Growth Management Quota System. The application does not propose to increase the number of trips to the base of Ajax, but rather to spread the deliveries and pickups among two locations rather than only to the Little Nell loading dock. Specifically, the A recycling/storage center would reduce the number of weekly trips to the Little Nell from 62 to 43. At the DRC meeting, Jack Reid, former Streets Department Director, explained that Aspen Street has recently been improved and has a 15-year warranty based on its current use and light truck load. He said that increasing truck traffic by up to 56 trips per week could revoke the warranty. As a result, the Streets Department supports the request with the condition that the Applicant provide a letter of credit, bond or other financial guarantee approved by the City to pay for Aspen Street repairs, if necessary. Other Issues The Environmental Health Staff also recommends that a condition of approval be that the Applicant provide a PM-10 mitigation plan for approval by the City of Aspen Environmental Health Department, which documents the expected number of trips generated and what measures Ski Co. will take to offset increases in PMlo caused by the event. This plan should be submitted in future years two months prior to these events. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Aspen Skiing Company's Conditional Uses for other ski facilities including World Cup and alpine ski races, and a mountain services center for recycling and storage, with conditions. RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2000, approving the Aspen Skiing Company's conditional use approval for other ski facilities including World Cup and alpine ski races, and a mountain services center for recycling and storage, with conditions." ATTACHMENTS: Exhibit A Review Criteria and Staff Findings Exhibit B Referral Agency Comments Exhibit C Application Exhibit D Letters EXHIBIT A ASPEN SKIING COMPANY CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that World Cup and other professional and amateur ski races are consistent with the purposes, goals, objectives, and standards of the AACP. The AACP's 2000 Vision states that the "genuine character of our community should be measured by the quality of our human interactions" and that "to build character and sense of community is far more difficult than to erode it". Ski races are an integral part of Aspen's culture, bringing people together on and at the base of mountains for fun and sport. These interactions build character and sense of community in Aspen. The AACP does not directly address developments such as the mountain services center. Staff believes the conditional use is consistent with all aspects of the AACP as well as the zone district and all other applicable requirements of the Land Use Code. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Staff believes World Cup and other professional and amateur ski races are consistent and compatible with the character of the immediate vicinity surrounding the base of Ajax. These events support the surrounding land uses, which include lodging, high density residential, commercial, open space, etc., most of which were created in direct response to the skiing and ski uses and facilities on the mountain. The design of the mountain services center should improve the character of the immediate area by replacing trash dumpsters with a small facility designed to blend into the mountain -side. Landscaping around the facility will further mask its presence in the area. The immediate area is high density with multi -family buildings, lodges, etc. Traffic to and from the facility would increase from 3 to 56 truck trips per week to the facility. While the number of the number of trips is not a significant increase, the timing (4:30 am to 6:00 am) of the majority of the trips diminishes the impact greatly. The greatest impact to the street and the neighborhood would be the truck traffic. This is a trade off between fewer trips to the Little Nell gondola loading dock to the Lift lA site. Staff believes this criterion is met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding World Cup and other significant ski races will continue to require the Applicant to obtain a Special Events Permit from the City; these permits address the location, size, design, and operating characteristics of events to ensure minimal adverse impacts and maximum safety for the participants and community. The mountain services center has been designed to minimize visual impacts on the neighborhood. It will primarily be a winter facility for all mountain restaurants, and used sparingly during the spring, summer and fall when most mountain operations are closed down. Staff believes the structure has been designed to blend into the mountain side and neighborhood with compatible architecture and a representation by the Applicant to include extensive landscaping around the building. Staff does believe the adverse impacts on pedestrian and vehicular circulation and parking will be minimal. Approximately 73%, or 41 deliveries per week during winter, would occur between 4:30 am and 6:00 am, minimally affecting the existing traffic flow in - the area at that time. Approximately 27%, or 15 deliveries per week, would occur between 9:00 am and 12:00 noon. Odor impacts would be minimized by frequent trash and recycling pickups. Noise impacts would essentially be transferred from the Little Nell area to the Lift lA area, resulting in no net gain or loss — except to the residents living in those immediate vicinities. Recycling and trash pickups should be scheduled to occur after 7 am. Staff believes this criterion is met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding According to the Zoning Officer and Housing Office Staff, the proposed conditional use does not create any new net leasable space, so no affordable housing mitigation is required and none is proposed. Staff believes this criterion is met. RESOLUTION NO. _ (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE ASPEN SKIING COMPANY'S CONDITIONAL USE FOR WORLD CUP AND OTHER SKI RACES ON AJAX AND A MOUNTAIN SERVICES CENTER NEAR LIFT lA IN THE CONSERVATION ZONE DISTRICT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Identification # 2735-131-26-001 WHEREAS, the Community Development Department received an application from the Aspen Skiing Company, represented by Bill Kane, Planning Director, for conditional use approval for World Cup and other ski races on Ajax and a mountain services center for recycling and storage near Lift 1A; and; and, WHEREAS, pursuant to Section 26.710.220(C)(3) of the Land Use Code, the Conservation Zone District allows ski lift and other ski facilities as conditional uses; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the, Aspen Planning and Zoning Commission may approve a conditional use during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Housing Authority, Pitkin County, and the Community Development Department reviewed the application and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on October 24, 2000, the Planning and Zoning Commission approved, by a — to _ (_-� vote, conditional use approval for World Cup and other ski races on Ajax and a mountain services center near Lift 1A, with conditions contained herein; 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, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Ra.-+inin 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Skiing Company's conditional use approval for World Cup and other ski races on Ajax and a mountain services center for recycling and storage near Lift 1A is approved subject to the conditions described hereinafter. Conditions of Approval: 1. Unless otherwise herein amended, all prior City of Aspen land use approvals shall remain in full force and effect. 2.. World Cup, 24 Hours of Aspen, and all other significant ski races and events on Ajax will continue to require a Special Events Permit approved by the City of Aspen, and be subject to the evaluation standards for special events. 3. The Applicant shall provide a letter of credit, bond, or other financial guarantee in an amount to be determined by the Streets Department and approved by the City of Aspen to pay for repair to Aspen Street to mitigate for the replacement of the 15-year maintenance warranty. 4. The building permit application shall include: a. A copy of the recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. 5. The building plans shall demonstrate a fire suppression system approved by the Aspen Fire Marshal and Chief Building Official, if required. 6. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All affordable housing mitigation payments, 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. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and .7 p.m. Trash and recycling pickups shall occur within this time frame. 9. The applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction. 10. The Applicant shall provide a PM-10 mitigation plan for approval by the City of Aspen Environmental Health Department, which documents the expected number of trips and what measures will be taken to offset increases in PMlo caused by World Cup and other ski races on Ajax. This plan shall be submitted two months prior to the events. World Cup and 24 Hours of Aspen for the year 2000 are exempt due to time constraints in developing, approving, and implementing such a plan. 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 October 24, 2000. City Attorney PLANNING AND ZONING COMMISSION: Robert Blaich, Chair Page 2 of 3 October 13, 2000 Aspen Skiing Company 7. Streets Department — Requirement- As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction. b. A letter of credit, bond, or some sort of mitigation must take place for the 15- year maintenance on Aspen Street. The proposed improvements to the Lift 1 A area will increase truck traffic and cause damage to the new pavement which was designed for a lighter truck load. 8. Housing Office — Information — The following information has been provided by the Housing Office: a. Without the inclusion of the Aspen Valley Land Trust, the Aspen Skiing Company should mitigate housing for the additional employees. 9. Community Development — Information — The following information has been provided by the Community Development Office: a. Offices are not allowed in the conservation Zone District. b. Ski Storage and/or relocation needs to be verified so that it does not interfere with open space requirements. c. The City of Aspen Finance Department needs to be contacted to verify sales tax issues on bar and food sales. d. The proposed tent may be considered in the allowable FAR calculation. If so this may cause the applicant to be over the limit. 10. Emergency Management Disaster Coordinator — Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. NONE 11. Parks — Requirement- The following comments have been produced by the Parks Department: a. If any trees are going to be removed, then a tree removal permit will be needed. 14. Utilities: A utility plan was not submitted with the application. For the utility departments to properly comment, a utility plan must be submitted. - Water. City Water Department - Requirement — As a request of the City of Aspen Water Department, revisions need to be made as follows: All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. Page 3of3 October 13, 2000 Aspen Skiing Company - Wastewater.' Aspen Consolidated Waste District - Requirement — As a request of the Consolidated Waste District, revisions need to be made as follows: a. Detailed plans need to be submitted to ACSD before issuance of a building permit. - Electric: City Electric Department - Requirement — As a requirement of the City of Aspen Electric Department, revisions need to be made as follows: a. Area lighting must meet new City Code and comply with ornamental lighting standards. b. Street Lighting plans verified if there will be any added to the Lift 1A area. - Construction: Work in the Public Right of Way Requirement — Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department OCT.10.2000 8:34PM ASPEN HOUSING OFC NO.385 P.1 MEMORANDUM TO: Nick Lelack FROM: Cindy Christensen DATE: October 10, 2000 RE: ASPEN SKI COMPANY CONDITIONAL, USE FOR ALL SKI AREA USES AND FACILITIES AT BASE OF ASPEN MOUNTAIN Parcel ID No, WSWE: The applicant is requesting approval to include the implementation of an apres-ski program during the ski season with a tent, music and informal food and beverage service. The applicant is also proposing changes at the Lift 1A base area to include the construction of a new shipping, trash and recycling facility for mountain restaurants and the expansion of the Lift 1A ticket building. The applicant is requesting approval to provide a permanent office for the Aspen Valley Land Trust. The applicant is requesting a waiver under the essential public facility designation, whereby no mitigation is required, Staff has provided the mitigation requirements if the City Council does not grant their request. As en Valley nd Trust Office-', According to the Coknmunity Development Director, no office use is allowed in the Conservation Zone District, which is where the applicant is proposing to house the Aspen Valley Land Trust Office. Therefore, at this time, this office is not allowed. At such time if approval is granted, mitigation would be required as follows: 400 -t- 1000 -- .4 X 3 FTE's = 1.2 FTE's X 60% = ,72 FTE's mitigation required OCT.10.2000 e:34PM ASPEN HOUSING OFC N0.385 P.2 Tent StrUcturel. The applicant is proposing a tent structure of 1,200 square feet for the winter .anths for apres skiing. The Dousing Off ice calculated that the employees needed f or this structure to run approximately five hours per day,. 7 days per week, 20 weeks out of the year, would average 700 hours per year divided by 2,080 for a full- time equivalent, which would equal to ,34. The Bair/Restaurant industry generates 5 to 10 FTE's per 1,000 square feet. Therefore, the mitigation for the tent would be as f oliows: 1,200 sq. ft. T 11000 = 1.2 X 5 FTE's X .34 ; 2.04 X 60% =1.224 10200 sq. ft. + Z,000 =1.2 X 10 FTE's X .34 = 4.08 X 60% = 2.448 Therefore, the tent structure would generate the need for the applicant to mitigate for 1.224 to 2.448 FTi= s. RECOMMENDN: At the Design Review Committee meeting held October 4, the applicant stated that they will probably not be doing the tent structure this year as the owner of the Tippler plans on reopening for the ski season. The applicant has also stated that he will be meeting with the Community Development Department t :gegarding the office use in a conservation zone district. Therefore, at this time, no mitigation is required. Should the applicant pursue the tent structure and the office use, the Housing Off ice would recommend that the applicant mitigate for the following: Aspen Valley Land Trust Office; .72 FTE's Tent Structure 1.224 - 2.448 FTE's Tf the City Council does not approve this as an essential public facility, total mitigation would be 1.94 to 3.17 FTE's. The applicant would need to provide documentation to the Housing Office as to how they would plan on satisfying their mitigation requirement prior to any approval of any permit. deftwordVeferrai otientmii 2 TO: Nick Lelack, Planner FROM: Sarah Oates, Zoning Officer -� RE: Aspen Skiing Company Conditional Use DATE: October 5, 2000 As the proposal for an office expansion at the Lift I site will require a rezoning, comments regarding zoning will be limited to the apres ski proposal at Little Nell and the storage/recycling facility at Lift IA. Based on past interpretations, the temporary tent at the base of Little Nell is considered floor area. The applicants must determine if they have enough allowable floor area in the Little Nell SPA to erect the tent. The applicants could also request a code amendment to determine otherwise. Further, the applicant is proposing to relocate the ski storage shed to the lower Gondola Plaza. This may have an impact on the 25% required open space. Before determining if the open space will be impacted, staff would like a definitive conclusion as to where the structure will be moved. Regarding the storage/recycling center, all setbacks, heights and FAR calculations will be verified when working drawings are submitted to the Building Department for building permit review. The drawings included in the application packet do not contain adequate detail for this level of review. Aspen Consolidated Sanitation' District Sy Kelly * Chairman John Keleher Paul Smith * Treas Frantz Loushin Michael Kelly* S ecy Bruce Matherly, Ni gr October 6, 2000 Nick Lelack Community Development 130 S. Galena Aspen, CO 81611 Re: Aspen Ski Co Conditional Use Dear Nick: The additional conditional uses that are being requested for the base of Aspen Mountain should have a relatively minor impact on the public wastewater system. An oil and grease interceptor will be required if food is prepared and served in the apres-ski tent. It would appear from the limited amount of information that we have that food would not be prepared in the tent. The other uses that are included in the application would have a minimal impact upon the public system. 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 t Ajax Base Area Conditional Use Application Submitted to the City of Aspen by Aspen Skiing Company September 2000 i Ajax Base Area Conditional Use Application Contents I. Application Summary II. Conservation (C) Zone Conditional Use Request III. Description of Proposals IV. Land Use Review A. Standards Applicable to All Conditional Uses B. Growth Management Quota System (GMQS) Exemptions V. Attachments A. Proof of Ownership B. Parcel Description and Legal Description C. Vicinity Map D. Site Plan E. Lift 1 A Delivery Analysis F. Aspen Mountain Master Plan Updated Listing Of Uses G. Copy of Pre -Application Summary H. List of Adjacent Property Owners Ajax Base Area Conditional Use Application I. Application Summary Aspen Skiing Company is seeking to obtain Conditional Use approval from the City of Aspen for a series of existing and proposed operational uses within the Conservation Zone District at the Lift IA and Silver Queen Gondola bases of Ajax. The Community Development Staff recommended that a single application be submitted to the Planning and Zoning Commission encompassing all proposed activities as well as those that pre- date the Conservation zone in order to provide a complete understanding of all mountain operations within the Ajax base areas. Existing uses that pre -date the Conservation zone district include activities related to operation and maintenance of the ski area and the hosting of World Cup, 24 Hours of Aspen and other alpine ski races. Proposed changes at the Little Nell base area include the implementation of an apres-ski program during the ski season with a tent, music and informal food and beverage service. Proposed changes at the Lift IA base area include the construction of a new shipping, trash and recycling facility for mountain restaurants and the expansion of the Lift I ticket building to provide a permanent office for the Aspen Valley Land Trust. II. Conservation (C) Zone Conditional Use Request Portions of the Little Nell and Lift IA base areas of Ajax both lie within Conservation (C) zone districts. "Accessory buildings and uses" is a permitted use allowed within the Conservation zone district and "ski lift and other ski facilities" is allowed as a conditional use. When the two areas were first zoned Conservation by the City of Aspen no approvals were granted regarding specific ski area operations and events. Ajax Base Conditional Use Application This application seeks to obtain conditional use approval for several activities linked to the operation of the ski area that take place within the Conservation -zoned lands of the two base areas. III. Description of Proposals World Cup and Alpine Ski Races World Cup races have been held on Ajax since 1951. The 24 Hours of Aspen was first held in. Numerous other professional and amateur races are held on Ajax each year. This application proposes that alpine ski races including World Cup, 24 Hours of Aspen and other events -be allowed to take place within the Conservation zone. Both the Little Nell and Lift lA base areas are used during race events, and typically utilize bleachers, tents, scoreboards, fencing, portapotties, vendors, banners, etc. Each event will continue to submit an annual Special Event Permit application with the City of Aspen and/or Pitkin County detailing specifics of that year's event. Little Nell Gondola Plaza Apres-Ski Apres-ski, sorely lacking at Ajax since the demolition of the old Little Nell bar, will be resurrected on a daily basis outdoors at the Little Nell between the Silver Queen gondola terminal building and the Tippler. Informal opportunities to congregate and relax outside on a series of tables and stools following the ski day will be supplemented by music and food and beverage sales. Apres-ski will operate from 3pm — 6pm daily during the ski season. Live music will play under an events tent between the Little Nell lift and the Tippler. The tent, approximately 1,200 sq. ft., will be in place for the duration of the ski season and will also be used to host special events including 24-Hours of Aspen. The tent will house a bandstand large enough to accommodate a 3-4 piece band, a bar, and approximately 20 standing round cocktail tables. The existing ski storage building will be moved to the lower gondola plaza next to the ticket booth to accommodate the tent. I F; Ajax Base Conditional Use Application 2 Lift lA Recycling Center A new recycling center at Lift lA will consolidate all of the mountain's delivery, trash and recycling functions at one location. A new recycling and food storage facility will be constructed next to the Lift lA terminal building. The secured food storage area will have coolers and dry good storage areas. Food delivery and waste removal functions for the Sundeck,-Bonnie's and La Baita will be consolidated at 1A. This new facility will be screened and landscaped to provide a more attractive visual presence than the existing dumpster, and the burden'of delivery and trash removal will be removed from the over- used Little Nell hotel loading dock facilities. Lift lA Aspen Valley Land Trust Office A 400 sq. ft. addition will be added to the first floor of the existing Lift I terminal and ticket office building. The addition will allow for the creation of a permanent office for the Aspen Valley Land Trust. The new office addition will not impact the existing roofline of the building. Section 26.470.070 of the City of Aspen Land Use Code allows for a Growth Management Quota System Exemption for construction of essential public facilities provided certain conditions are met. This application requests that the Aspen Valley Land Trust office to be constructed at Lift I be declared an essential public facility and that exemptions to the Growth Management process and housing mitigation requirement be granted by Aspen City Council. IV. Land Use Review Section 26.425.040 Standards applicable to all conditional uses When considering a development application for conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable: Ajax Base Conditional Use Application 3 A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other application requirements of this Title; The vision statement of the 2000 Aspen Area Community Plan notes that "To build character and sense of community is far more difficult than to erode it". The proposals in this application all serve to strengthen the character of the alpine skiing experience that has helped define Aspen for the last 50 years. The continuing ability to stage World Cup -quality race events as well as the re- introduction of apres-ski activities at the base of the mountain will help to stave off the erosion of the ski scene that is incrementally diminishing the `Aspen experience'. The changes at Lift lA will formalize and visually improve the character of the land at Lift IA, and the Aspen Valley Land Trust office space will help the AVLT achieve their goals of fostering more permanent open and agricultural space within Aspen and the Roaring Fork Valley. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; World Cup, 24 Hours of Aspen and other alpine race events are entirely compatible and complimentary activities within a world class ski town such as Aspen. The apres-ski activities at the base of Little Nell will reinstate the active scene at the base of Ajax that was at its heyday in the 60's and 70's. Food and beverage service will complement the existing food service at Ajax Tavern and will help replace the void left by the disco inferno that was the Italian Caviar/Tippler. Music, an essential element of apres-ski, will help to liven up the gondola plaza in the late afternoon as people congregate after a day of skiing. 3 4: Ajax Base Conditional Use Application 4 The recycling/trash/restaurant storage facility at Lift 1 A will formalize and improve the character of the existing trash area at that site. Covered and landscaped, the facility will recede into the landscape unlike the existing dumpsters. The Lift IA location is ideal for staging these restaurant service functions as the number of residential and commercial neighbors potentially affected by these activities is much smaller than at the existing Little Nell delivery and trash area. The Aspen Valley Land Trust office expansion of the Lift lA ticket building will provide a permanent office location in Aspen for the Land Trust. The office use is compatible with the existing ticket sales and ski area operations offices in the building. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; Characteristics and impacts of World Cup, 24 Hours of Aspen and other race events are addressed in the annual Special Event permit application submitted to the City of Aspen and/or Pitkin County. The apres-ski location at the base of the gondola has been oriented and designed to project any visual and noise impacts towards the slopes and away from the surrounding properties. Apres-ski is envisioned as an informal gathering area in the afternoons on nice days, with food and beverage service and amplified music. Live music or a dj will play in the apres-ski tent, which will be positioned in the corner facing the Little Nell slope so that music will project across the plaza and. towards the hill. Hours of operation will be from 3-6 or until dark daily. Food will be prepared in the Little Nell hotel kitchens, transported via the back corridors between the Little Nell and the gondola terminal building and served from the tent. Alcohol and beverage service will also be available, and setup of the bar area will conform to the guidelines listed in the Little Nell's liquor license. Ajax Base Conditional Use Application The site plan has been laid out to take advantage of existing circulation corridors and will not disrupt the ski area egress. The tent will be of an attractive design and will remain in place for the duration of the winter. Vehicular access and parking are not impacted by this event as patrons are all envisioned to be skiers coming down from Ajax. Service delivery and trash will be coordinated from the Little Nell hotel using their existing facilities, minimizing noise and odor impacts on the surrounding properties. The Lift IA recycling/trash/food storage facility has also been designed to minimize impacts to the surrounding area. The Lift 1 A location is ideal for the facility as incoming and outgoing truck trips will skirt the downtown core instead of travelling through it to the Little Nell loading area. The facility is designed to sit in the slope and the surrounding area will be extensively landscaped to improve the visual character of the Lift IA base. Wooden gates and handrails will help to provide an attractive fagade for the trash compactor and food storage shed. The entire facility will be secured to prevent entry by wildlife and ski bums. Food delivery trucks and trash and recycling vehicles will access the facility from Aspen Street on the town side, and snowcats will transfer the food to the restaurants and deposit the trash from the mountain side. Frequent trash pickups during the winter season will reduce any odor from the site. The facility will be largely unused during the spring, summer and fall months. Delivery trips will be reduced at the heavily -impacted Little Nell loading docks by consolidating the service delivery area for all three mountain restaurants in a different, less central location. See the attached delivery analysis for greater detail on the characteristics of delivery trips at both locations. The Aspen Valley Land Trust office will be a simple one -room addition blending into the existing Lift IA building. See attached elevation and site plan drawings. No new utility service will be required for this use, and it is not envisioned. that the office will create any new impacts to the area. 0 D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; All activities proposed in this application will be served by existing public facilities and services. No additional demands are anticipated from apres-ski at the Little Nell or the trash/recycling/restaurant storage facility and AVLT office at Lift IA. World Cup, 24 Hours of Aspen and other alpine race events address the issues related to demand on public services in their annual Special Event permit application. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. No new employees will be generated by the proposals in this application. The World Cup, 24 Hours of Aspen and other alpine ski races have been ongoing for decades and will not generate any new employees. Apres-ski will use existing Sundeck and Little Nell employees and will be managed by the one and only Shlomo. The recycling/restaurant storage facility at Lift IA will house functions that currently reside elsewhere and will be served by existing restaurant and operations staff. The AVLT office will provide permanent office space for the Director of the Aspen Valley Land Trust, an existing entity, and no new employees will be hired by AVLT as a result of the creation of this office space. Section 26.470.070H Growth Management Quota System (GMQS) Exemptions H. Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro development ceilings established pursuant to Section 26.470.030 Review is by City Council. This exemption is available provided 7 1. Except for housing, development shall be considered an essential public facility if: a. it serves an essential public service, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. Aspen Valley Land Trust is the oldest land trust in the State of Colorado and is a non-profit 501(c )(3) organization. The Land Trust has been searching for a permanent home for ten years and has rented office space with dollars that could have otherwise gone towards the core purpose of protecting open space. As the largest trustee for open space easements in the valley, it is requested that City Council find that the creation of this office space meets the definition of an Essential Public Facility. Z. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. the generation of additional employees, the demand for parking, road and transit services, and The office space will house the existing Director of the Aspen Valley Land Trust and will not lead to the generation of any new employees. Parking is available in the adjacent Lift 1 A parking lot for both the AVLT Director and visitors. The office will not be directly served by transit but is within walking distance of the Aspen core. ii. the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. The one -person office will be served by the existing utilities at the Lift IA building and will generate a minimal increment of new demand for Ajax Base Conditional Use Application services. It is not anticipated that the Aspen Valley land Trust office will require any additional demand for police protection. It shall also be demonstrated that the proposed development has a negligible adverse impact on the City's air, water, land and energy resources and is visually compatible with surrounding areas. The office expansion will be integrated into the existing elevational profile of the Lift IA building as shown on the attached drawings. The activities of the AVLT, including the preservation of open space and agricultural lands, is an instrumental means of furthering the City of Aspen's policies of managing the consumption and erosion of the valley's air, water, land and energy resources. 3. Notwithstanding the criteria as set forth in sub -Sections (1) and (2), above, the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and from such mitigation requirements as it deems appropriate and warranted. The Aspen Valley Land Trust plays a crucial role as a non-profit land preservation entity, and it is requested that the City Council determine the AVLT office space expansion at Lift IA to be an essential public facility exempt from both the growth management competition and the housing mitigation requirement. Ajax Base Conditional Use Application 9 V. Requested Planning and Zoning Commission Approvals Aspen Skiing Company requests the following approvals: 1. Establish the Aspen Valley Land Trust as an Essential Public Facility (City Council action). 2. Approve the following list of conditional uses (Planning and Zoning Commission action): The following conditional uses are allowed within the Ajax base areas at Little Nell and Lift IA that lie within the Conservation zone district: a. Uses allowed in the Aspen Mountain Master Plan Listing of Uses section including but not limited to alpine skiing, snowboarding, recreation, operation of lifts, public restrooms, occupancy and operation of accessory buildings, lift maintenance and repair, snow grooming, snowmaking, ticket sales, deliveries, and offices in support of mountain operations (a copy of the listing of uses is attached to this application). b. Alpine ski races including World Cup, 24 Hours of Aspen and other race events and special events pursuant to an approved Special Event permit from Pitkin County and/or the City of Aspen. C. Apres ski at the Little Nell gondola plaza from 3-6 daily during the ski season in and around a tented area serving food and beverages with live music. d. Trash/food storage/recycling facility at Lift IA that formalizes the existing trash area and consolidates the recycling, waste, and food storage facilities for all three mountain restaurants on Ajax. Ajax Base Conditional Use Application 10 Attachments _/ a ASPEN SKIING COMPANY September 26, 2000 Aspen-Pitkin Community Development Department 130 S. Galena Street .Aspen, Colorado 81611 Dear Ladies and Gentlemen: I am an attorney licensed to practice law in Colorado. Aspen Skiing Company, L.L.C. is the owner, in fee simple, of Eames Addition Block 10, Lots 1 -14 and Eames Addition Block 12, Lots 7 - 12 in the City of Aspen, Colorado. The only mortgage encumbering said property is,a security agreement for the benefit of The Prudential Insurance Company of America and First Plaza Group Trust to secure repayment of a loan made generally to Aspen Skiing Company, L.L.C. The mortgage does not contain any requirement for notice to the mortgagee for redevelopment or improvement of the referenced property. A copy of the mortgage agreement and a title insurance policy insuring Aspen Skiing Company's ownership of the parcels are available for inspection in my office. My direct dial phone number is 923.0523 if you have questions or require additional information. Sincerely, i David E. Bellack Senior Vice President/ General Counsel cc: Bill Kane Post Office Box 1248 -Aspen, CO 81612 970.925.1220 M P intae on Rwwded Now www.skiaWn.com The following is the legal description for the IA base area IA legal description Eames Addition, Block 10 Lots 1-14 Parcel ID - 2735-13-126001 Eames Addition, Block 12 Lots 7-12 Parcel ID - 2735-13-127001 FL\- lo / 1 W 4- Lift 1 A Delivery Analysis Existing Deliveries Time Little Nell Deliveries/ week Time/ Total delivery time/ week Lift 1 A Deliveries/ Time/ Total week delivery time/ week trash 4:30am 7 10 70 3 10 30 cats: food up, trash down btwn 4-6 14 30 420 recycling 6am 4 10 40 Colorado West 6am 6 15 90 Loius Swiss 6am 6 5 30 Shamrock 6am 6 40 240 Noble 6am 5 20 100 Seattle Fish btwn 9-12 3 20 60 Intermountain btwn 9-12 3 30 90 Beer btwn 9-12 6 30 180 Coke btwn 9-12 3 30 90 TOTAL EXISTING 63 1410 3 30 Proposed Deliveries p Time Little Nell Deliveries/ week Time/ Total delivery time/week Lift IA Deliveries/ week Time/ delivery Total time/ week 'trash 4:30am 3 10 30 3 10 30 cats: food up, trash down btwn 4-6 14 30 420 recycling 6am 1 10 10 1 10 10 Colorado West 6am 6 10 60 6 10 60 Loius Swiss 6am 6 5 30 6 5 30 Shamrock 6am 6 20 120 6 20 120 Noble 6am 5 10 50 5 10 50 Seattle Fish btwn 9-12 3 10 30 3 10 30 Intermountain btwn 9-12 3 15 _45 3 15 45 Beer btwn 9-12 6 15 90 6 15 90 Coke btwn 9-12 3 15 45 3 15 45 TOTAL PROPOSED T-42 510 56 930 j=TrKj -ry, GOUT• 10 Ste' 16 N CcLN r Z7p(iLtod OfIl jGM By IUGRT S=tjon 3.7.3G. 30.L Of the Pitldm U= by right are to be _qd lay the adoption of this C,O=ty r ana Tjse CaCic St= wed all yew am those Wes which are typicailY' Mccialed wtk the 'Activid.= which 3= "a yemumund rec=mnnL we of the imtom ancL hzm litt• nnr ie or• o eviOnmcnta' = swv�=' rejacd Acdvtdm sowed by rigfxt OR year '- I- Mir-MIZ-7azi 11 to , 1 0 love t 0 IN oft, IS dam r, a lots lau; 9 .40 be 0 a Tim • - --f . a[& 'f •omb of(Iol. of I agog% •Is a a an "1•1141 1 - as Owl IN 401 -64 -&.09 :06 is& a so b Is 40 :45 a sea a a • 41 a .4414 1 ;441 - owe - -08 .6416 0 •-491 a vi 6446 _41k w#jr:111 a a MI note a 4 0 'to** so —00 el a go • a see •0 •1 U_ -040 to of All a belle$ • • • 1 . . •. _. 1 moo _r .. • — to i• .�. • •••! .i•w• a • � _* II• t• • , , Mf •i -•'offs W. • • • :/a • �.• • •> .loss—& : • .t • • • •• • • • • �•••otMe .• • do to i ' • some • .d • • r .1• • ..• ants! u• -+•1 Sol ! •r • • as o•• too a We ..:. rots. • • _ got.r. • • as wiso • • its to •-. :1• • • a• • u• • • • •••• •: SIM is ��; •t •• • • • 1 • • • v:t d• to la• •7 • • ftw• a = — sat • • —. • ' •t• .+• • • • • •�• .t• • or, tt• an • •.• 1 • air.. •tt•r• .•• C :a•••�.: •• r.►••• • i•t • �+ = • a 1 of ... • ►• . �•.aa ... • a• • tw • ae .• :n/ ... • ai .+ r• iz• „• • • 1 • :1• • •• /• �1 - • aid tMil •.. 1 e. •• •• •• ng ofi••• ..rissum •: • • • .A•• w•� e• : • at• •: :t• • • •a �t • • _ • • • •• • .i•: • i• t• • ••: • • • •• •' �• • w� •• • 1•i •• • • • • �. :•a •1• • Asa •i • ' - �.• • •• • •/tit: • • -• f • r.ia • • .r r • • +i a• tt • • t • • • ski bmldinp ttm • •. • •-huts,w. ri • •• w.1 M f solo .•• Sudom • • • i.as shown • P.12 5EP i6 ' 9H rrpd&rad Luting of Uses it art Pz rXI+ COLNTY cam'• 7. T-,Ck=t sales areas• g. Rrsrs , inc.1111jing indoor =(i outdoor es jr and drinking estabiishrments. 9_ gam' Pln= for the r� of goods in relation to r apersday Operation - basis, &S • w • • in this • .s• ••• • • (BQCC • • •• • • No. Sidirz. =wboarding, 'i• • • • • •=ss-cauntry• • • • •• • ••{•: • • ••• it • • • • ++• lands•••• • • •• • I•: • of •id ..: . permit•• N••: • J••• it .• ..f••: .m r: •1 and. adjacznt - be wv• w1 Part Of • • • •• •1• • M 1=• '!• J• aw • • • • weddin•cc== chffdr=Ts • • m*vat* • :l • �s dovmhill • • • • snowshoes,.•• • •• devj= • • • • to k• • • Forest .r kvels of '2o. Mountain sip ryst= 'iTi an • • is uw wa be resolved as Pat of the. R 22. EMP, loyet ha091II$ (two units wittim Ski P3fL'ol VAt in the Suit)_. �. _...�.�....... _ ....... �... �_._.. _ t 99 7 As p a n Ma¢n•tL M zzt0: Pts�st ;.X� i•.J J•.. ter•.• vr.r r • • i r • �. . ..►. .... �. . Lrgdatrcf. Ll.stirt� of iT�as - 1 of B� Tsai. • sifts► ' Z3. C�u:iicattoa - , f�ilities- sewCr coair lam and otbrt waur liars, a � � . �V'ezer 1� . Z4. stuff utilities x� � tht operatxo � � � � - � f � � ��' SuCii u�t� '=d otbu h..& m on3 pitkin County iLtL fit I041 - a siam ¢a ndco eomcas roads n- �s fall be Pt of the Development osucroadssh- . 104I approval. bwc upon subnz1t° the CnuatY, sad �Y nxlu� . �ofsarc�t roams . Vehicle and. eqw•pnI • �Shops next insnazmit goadols build- 26. �� �. yelsicle maiatm- ogives .storm m located: ne= Asp= 90 a bud• 2$_ Public. restrooms. rrst aid- farfit� 29. o ate& on Of LNG &f-r IS desi 30_ C '� a. of a. new.. s3ci P � ���� of fz�tY t proP°sc L �3iji= trq an& 1 m sitidn County' Sim-sP� Ilan= .. . Such im��shaM be �camP suds n;gzziatioas G��g o eratiag or dt:ring t$t P�trlda t for the open" Uses ailowt& by t W- ing� srt L of: tttt su arm- . • I vii including auMfam ag s- I. Spa ichOO out alL sbo� sari drscribesi in scwmPPam• 2. trails °p� szim and — -atbo� arras shown as c2dstiu$ covby tm eresi s- 4. of hi8hplosives. dozing igludra 6_ gtoo bur. not Its to, row . i a c tau � � SEP 16 ' 96 11-.33AM p MT.N Ct]I.MTY GOVT.. P. 14 AROWed • • •••,t:• • = Plan- acL 3=•!•••• • • •• • 9- Crhis ./!-. : •• :1• • mow r P • permit • • .• • • • •• • ick • • ••if r•_ ••-+•••w ■N• • of the GujotL Sixtem Exmnpdons ftnumIt to. Secdon i t• +• GraWdL Ntampment thePitkim-Cauntyl,andQiCdck- 30-230-20K Of •aw=- bett=- rr r - r•r•• • •andaapemW •►; • • • • r: sectiOM3.150. t5o Of the i• • • •ul :•• • T J'SC COdjr- Exp=5jans. of •y individual Eftt• • ./• • • • ■ • •• drive Emplayiec itk ..••. .• ,1 • • •Units • • • • • • 4 • ■ H, • •,•1 • • 1 • • • eviiews LS . C••.I ••• -.•i ' •• 0 •:• .r• r••1• • • • • :►• •1 • • i• •y • 1/ •M•/• • ..••• 1•. _ • • •• ,1• • •1•..• • I.1•• : :1• •1 • all • • N !•• ..••1•.shallcn- tzia �[i•s ta.r P L 1 S AUG-24-200 0 THU 03;50 PM FAX NO, P, 02 r , E CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY' F i PLANNER: Nick Lelack, 920-5095 DATE.: August 23, 2000 Skiin n Conservation Zone Distr Company Conditional Use iict PROJECT: Aspen g Bill Kane Chris KileyFNTATIVES. ,.CrREPRES OWNER; Aspen Skiing Company — • Conditional Use c •� � F APPLICATION. Lon � _ � � �1 `" � � 1 �1 T�Pr. o, 1 DESCRIPTION. The Aspen Skiing Company is requesting approval for the following: d 1) To recreate an apres ski scene at the base of Ajax to include music an food from 3 pm to 6 prn daily during the ski season. ee clip solid 2) To upgrade the base terminal for Lift 1 A to handle recycling, Waste, and storage for the mountain's three; (3) restaurants. the new facilities would mostly be located below grade, V a1le Land `Trust 3) To build a 300-400 square foot office for the Aspen attached to the Lift 1 A building; the proposal might include an affordable housing unit. 4 To host World Cup. The event would be less than 7 days, but set-up and down could take as long as one month before the event and 7 days take ten bleachers, jumbo after the event. World Cup requires a hospitality t, screen, scoreboard, tent, fencing, porta-Potties, banners, vending, and possibly more. Co. o erations at the base of Ajax are located in the Conservation Zone District. This done Existing Ski p District allows "Ski lift and other ski facilities" as conditional uses. Although the Ski Co.' operate ns are conditional uses, es it has not received conditional use approval because the uses pre date the Zone t. , Staff recommends that rather than just applying for conditional use approval for Community Development () PP d above the Ski Co, make one 1 application that includes all of its operations, the expanded uses listed � _ includingthe proposed uses listed above. As a result, the Ski Co. could gainapproval for all of its current for tl�e Community operations, proposed operations, flexibility for future events, and set forth standardsIn addition the P Development Director to administratively review minor changes to the apm%� undaddit on, t e all community, Planning and Zoning Commission, and staff would gain a co p tY mountain operations. AUG-24-2000 THU 03:51 PM FAX NO. P. 03 r Referral Agencies: Engineer ($330), Parks, Housing ($160), Streets, Transportation, Parkulg, Aspen Fire Marshal, City Water, Aspen Consolidated Sanitary District, Pitkin County, Environmental Health ($330). Planning Deposit: $ 480 (additional hours aTe billed at a rate of $195 per Hour) Total Deposit: $1,300 To apply, submit the following information: (Also see Section 26.304.030, Application and Fees) 1, Proof of ownership. 2. Signed fee agreement. lid fees name, address and telephone number in a letter signed by the applicant which states the name, 3, pp address and telephone number of the representative authorized to act on behalf of the applicant consisting, of a 4. Street address and legal description of the parcel on which development is proposed to occu, Q f Colorado, current certificate from a title insurance company, or attorney licensed to practice in the Statetracts and listing the names of all owners of the property, and all mortgages, judgements, liens, easements, con agreements affecting the parcel, and demonstrating the owners right to apply for the Development Application. 5. Total deposit for review of the application, 6. 23 copies of submittal package. 7. An 8'/z" by 11" vicinity map locating the parcel within the City of Aspcn•Qrc conditions kisQ. 8. A written description of existing and proposed operational chaTacterlstics 9. Copies of prior approvals, 10. List of adjacent property owners within 300' for public hearing. are relevant to the review of the 11, Sketch plans of the site showing existing and proposed features which or temporary conditional use application. If the application involves the development of new structures VLT office, affordable housing, music or food tents, Lift 1 A remodeling/additions,etc), , structures (i.e., A show proposed design, building elevations, location, etc. * eaoin summary is advisory only and is not binding on the City. The opinions contained herein al 7'he for' �, g are bused on current zoning and regulations, which are subject to change in the future, and upon seta represen tations that may or may not be accurate. The summary does not, in any way, create a legal or vested right. MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: October 13, 2000 Re: SKICO The Development Review Committee has reviewed the Ski Co. Special Use Permit and Long Range Plan application at their October 4, 2000 meeting and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is conceptually accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. 2. R.O.W. Impacts: If there are any encroachments into the public rights -of -way, the encroachments must either be removed or are subject to current encroachment license requirements. Site Review 3. Fire Protection District — Requirement — As of the request of the Fire Protection District revisions need to be made as follows: a. NONE 4. Building Department — Requirement — The following requirement has been provided by the Building Department: a. None 5. Parking — Requirement — The following requirement has been provided by the Parking Department: a. None Page 2 of 3 October 13, 2000 Aspen Skiing Company 7. Streets Department — Requirement- As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction. b. A letter of credit, bond, or some sort of mitigation must take place for the 15- year maintenance on Aspen Street. The proposed improvements to the Lift 1 A area will increase truck traffic and cause damage to the new pavement which was designed for a lighter truck load. 8. Housing Office — Information — The following information has been provided by the Housing Office: a. Without the inclusion of the Aspen Valley Land Trust, the Aspen Skiing Company should mitigate housing for the additional employees. 9. Community Development — Information — The following information has been provided by the Community Development Office: a. Offices are not allowed in the conservation Zone District. b. Ski Storage and/or relocation needs to be verified so that it does not interfere with open space requirements. c. The City of Aspen Finance Department needs to be contacted to verify sales tax issues on bar and food sales. d. The proposed tent may be considered in the allowable FAR calculation. If so this may cause the applicant to be over the limit. 10. Emergency Management Disaster Coordinator — Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: RZ W 15411! 1 11. Parks — Requirement- The following comments have been produced by the Parks Department: a. If any trees are going to be removed, then a tree removal permit will be needed. 14. Utilities: A utility plan was not submitted with the application. For the utility departments to properly comment, a utility plan must be submitted. - Water. City Water Department - Requirement — As a request of the City of Aspen Water Department, revisions need to be made as follows: a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. Page 3of3 October 13, 2000 Aspen Skiing Company - Wastewater.' Aspen Consolidated Waste District - Requirement — As a request of the Consolidated Waste District, revisions need to be made as follows: a. Detailed plans need to be submitted to ACSD before issuance of a building permit. - Electric: City Electric Department - Requirement — As a requirement of the City of Aspen Electric Department, revisions need to be made as follows: a. Area lighting must meet new City Code and comply with ornamental lighting standards. b. Street Lighting plans verified if there will be any added to the Lift 1A area. - Construction: Work in the Public Right of Way Requirement — Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department OCT.10.2000 8:34PM ASPEN HOUSING OFC NO.385 P.1 #EMORANDUM TO: Nick Lelack FROM: Cindy Christensen DATE: October 10, 2000 RE: ASPEN SKI COMPANY CONDITIONAL USE FOR ALL SKI AREA USES AND FACILV IES AT BASE OF ASPEN MOUNTAIN Parcel ID No, The applicant is requesting approval to include the implementation of an apres-ski program during the ski season with a tent, music and informal food and beverage service. The applicant is also proposing changes at the Lift 1A base area to include the construction of a new shipping, trash and recycling facility for mountain restaurants and the expansion of the Lift 1A ticket building. The applicant is requesting approval to provide a permanent office for the Aspen Valley Land Trust. The applicant is requesting a waiver under the essential public facility designation, whereby no mitigation is required, Staff has provided the mitigation requirements if the City Council does not grant their request. .,� Aspen Valley Land Trust Of fie: According to the Community Development Director, no office use is allowed in the Conservation Zone District, which is where the applicant is proposing to house the Aspen Valley Land Trust Office. Therefore, at this time, this office is not allowed. At such time if approval is granted, mitigation would be required as follows: 400 1000 = .4 X 3 FTes = 1.2 FTE's X 601/6 = .72 FTE's mitigation required OCT.10.2000 e:34PM ASPEN HOUSING OFC NO.3e5 P.2 TentStructure: The applicant is proposing a tent structure of 1,200 square feet for the winter Onths for apres skiing. The Housing Off ice calculated that the employees needed for this structure to run approximately five hours per day, 7 days per week, 20 weeks out of the year, would average 700 hours per year divided by 2,080 for a f ull- time equivalent, which would equal to .34. The ear/Restaurant industry generates 5 to 10 FTE's per 1,000 square feet. Therefore, the mitigation f or the tent would be as f ollows: 1,200 sq. ft. r 1,000 = 1.2 X 5 FTE's X .34 ; 2.04 X 60% =1.224 1,200 sq, ft. + 1,000 =1.2 X 10 FTE's X .34 = 4.08 X 60% = 2.448 Therefore, the tent structure would generate the need for the applicant to mitigate for 1.224 to 2,448 FTE's. RECOMMEND N: At the Design Review Committee meeting held October 4, the applicant stated that they will probably not be doing the tent structure this year as the owner of the Tippler plans on reopening for the ski season. The applicant has also stated that he will be meeting with the Community Development Department °garding the office use in a conservation gone district. Therefore, at this tune, no mitigation is required. Should the applicant pursue the tent structure and the office use, the Housing Office would recommend that the applicant mitigate for the following: Aspen Valley Land Trust Off ice: .72 FTFs Tent Structure 1.22.4 - 2.446 FTE's Tf the City Council does not approve this as an essential public facility, total mitigation would be 1.94 to 3.17 FTE's. The applicant would need to provide documentation to the Housing Office as to how they would plan on satisfying their Mitigation requirement prior to any approval of any permit. d0 ward\referral 0tentmlt 2 TO: Nick Lelack, Planner FROM: Sarah Oates, Zoning Officer -�— RE: Aspen Skiing Company Conditional Use DATE: October 5, 2000 As the proposal for an office expansion at the Lift IA site will require a rezoning, comments regarding zoning will be limited to the apre's ski proposal at Little Nell and the storage/recycling facility at Lift IA. Based on past interpretations, the temporary tent at the base of Little Nell is considered floor area. The applicants must determine if they have enough allowable floor area in the Little Nell SPA to erect the tent. The applicants could also request a code amendment to determine otherwise. Further, the applicant is proposing to relocate the ski storage shed to the lower Gondola Plaza. This may have an impact on the 25% required open space. Before determining if the open space will be impacted, staff would like a definitive conclusion as to where the structure will be moved. Regarding the storage/recycling center, all setbacks, heights and FAR calculations will be verified when working drawings are submitted to the Building Department for building permit review. The drawings included in the application packet do not contain adequate detail for this level of review. Aspen Consolidated Sanitation District Sy Kelly * Chairman Paul Smith * Treas Michael Kelly * Secy October 6, 2000 Nick Lelack Community Development 130 S . Galena Aspen, CO 81611 Re: Aspen Ski Co Conditional Use Dear Nick: John Keleher Frank L,oushin Bruce Matherly, Mgr The additional conditional uses that are being requested for the base of Aspen Mountain should have a relatively minor impact on the public wastewater system. An oil and grease interceptor will be required if food is prepared and served in the apres-ski tent. It would appear from the limited amount of information that we have that food would not be prepared in the tent. The other uses that are included in the application would have a minimal impact upon the public system. 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 GARFIELD & HECHT9 P.C. RONALD GARFIELDt 601 EAST HYMAN AVENUE ANDREW V. HECHT' ATTORNEYS AT LAW ASPEN, COLORADO 81611 MICHAEL J. HERRON' TELEPHONE DAVID L. LENYO E-mail: (970) 925-1936 MATTHEW C. FERGUSON' atty@garfieldhecht.com TELECOPIER CHRISTOPHER J. LACROIX"' (970) 925-3008 CHAD J. SCHMIT4 Website: www.garfieldhecht.com 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 TELEPHONE (970) 927-1936 TELECOPIER (970) 927-1783 October 24, 2000 VIA HAND DELIVERY Aspen Planning & Zoning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 - Re: Aspen Skiing Company Conditional Use Expansion Application - Lift 1A Recycle Center Dear Commissioners: We represent the Caribou Condominium Association. The Caribou Condominiums are located at 701 South Monarch Street, Aspen, Colorado and are adjacent to the proposed site for the Lift lA Recycle Center ("Proposed Recycle Center"). The Caribou Condominium owners are (1) George and Nina Strawbridge, (2) Doug and Judy Etkin, (3) Jon Provine, (4) Jim and Janice Stanton, (5) Roger and Sally O'Neill, and (6) Bart and Nancy Levin. The Aspen Skiing Company. is proposing to construct a Recycle Center within the Conservation Zone District at the Lift 1 A base of Aj ax Mountain. The Proposed Recycle Center will consist of a new structure which will be used to consolidate all of Ajax Mountain's delivery, trash, and recycling functions. The Proposed Recycle Center will also include a food storage area. All of the Caribou Condominium owners oppose the Proposed Recycle Center for a number of reasons. They believe that the Proposed Recycle Center is inappropriate because it is not a conditional use which is consistent or compatible with the character of the immediate vicinity, the surrounding land uses, or the Conservation Zone District in which it is proposed to be located. Moreover, they believe that the Proposed Recycle Center does not minimize the adverse effects of its impacts on pedestrian and vehicular traffic, service delivery, noise, and odor on surrounding properties. 1. also admitted to 2. also admitted to 3. also admitted to 4. also admitted to 5. also admitted to New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ® Printed on recycled paper Aspen Planning & Zoning Commission Letter October 24, 2000 Page 2 The area surrounding the Proposed Recycle Center is primarily a high density residential area that is composed of condominiums, chalets, lodges and multi -family buildings. In order to operate the Proposed Recycle Center in this high density residential area, the Aspen Skiing Company has admitted that it will require a significant increase in heavy duty truck traffic for deliveries to and pick-ups from the Proposed Recycle Center. In support of the application, the Aspen Skiing Company states that the Proposed Recycle Center will help alleviate the burden of deliveries and pick-ups at the Little Nell gondola loading dock. While the Proposed Recycle Center will transfer some deliveries and pick-ups from the resident's backyard near the Little Nell to the residents backyard near Lift IA, it will only slightly reduce deliveries and pick-ups at the base of Little Nell. On the other hand, the Proposed Recycle Center will increase deliveries and pick-ups in the high density residential area near Lift lA from three (3) per week to fifty-six (56) per week- - an increase of over eighteen (18) times per week the current level. Even more alarming is the fact that the Proposed Recycle Center will not reduce the total number of deliveries and pick-ups at the Little Nell and Lift 1 A base areas. Rather, it .will result in an increase in deliveries and pick-ups from sixty-six (66) per week to ninety-eight (98) per week. As a result, the negative impacts of the increased service deliveries resulting from the Proposed Recycle Center on all residents will be greater than its benefits. Additionally, seventy-three percent (73%) of the fifty-six (56) deliveries and pick-ups per week necessitated by the Proposed Recycle Center will occur during the early morning hours - - before 6:00 a.m. While these early deliveries may slightly cut down on the significant impact on vehicular and pedestrian traffic that this considerable increase in deliveries and pick-ups will have on the surrounding residents, the noise impact from this significant increase in heavy duty truck traffic during these early morning hours will be immense. All of these heavy duty trucks will generate more noise than usual by the mere fact that they will all be required to travel up and down the steep (and sometimes icy) hill on Aspen Street at the base of Lift 1A. Moreover, the ear piercing noise of the bottles being recycled in this high density residential area at these early hours will be great. Further, the additional noise that will be generated by the Proposed Recycle Center will be amplified by the fact that most of these heavy duty trucks are equipped with loud back-up sounding devices. Clearly, the adverse effects of the noise impact on this high density residential area will be immense and is inappropriate. Finally, this eighteen (18) fold increase in heavy duty truck traffic will surely negatively impact the vehicular and pedestrian traffic in this residential area. The Proposed Recycle Center will generate five (5) times more heavy duty truck traffic in this high density residential area than is required currently between the hours of 9:00 a.m. and 12:00 p.m. ( the same hours many residents will be walking or driving to Lift 1 A to ski) and over thirteen (13) times more heavy duty truck traffic during other hours. Moreover, the increase in odor as a result of the Proposed Recycle Center is surely not appropriate in this high density residential area. The odor from the fumes of the heavy duty truck traffic will significantly increase the odor in the area. Additionally, the application is ,. ARFIE LD & HECHT, P.C. Aspen Planning & Zoning Commission Letter October 24, 2000 Page 3 proposing to place a garbage collection facility in these residents' backyard. No matter what precautions are taken, it is almost certain that the garbage collection facility will pollute the high density residential area with a rank odor. The proposed garbage collection facility is clearly not compatible or consistent with this high density residential area. We urge you to deny the application for conditional use approval for the Proposed Recycle Center at the base of Lift IA. The Proposed Recycle Center is clearly not compatible and consistent with the high density residential area that surrounds Lift 1 A and is not an appropriate land use in the Conservation Zone District. Thank you for your consideration. Very truly yours, Garfield & Hecht, P.C. Chad 1/it cc: Bart & Nancy Levin George & Nina Strawbridge Doug Etkin Jim & Janice Stanton Sally & Roger O'Neill Jon Provine MAcschmit\Caribou Condo Assn\P & Z Letter.wpd To: All members of: Aspen Planning and Zoning Commission From: David C. Weatherby North of Nell Condominium 93B 555 East Durant Ave. Aspen, CO 81611 Re: Aspen Skiing Company's Application to: Place a booze/music tent on the Silver Queen Gondola Plaza for apres-ski and other activities. As an area resident I strongly object to the Aspen Ski Company's proposed application, my valid reasons follow: In their application the Ski Company states, "Music, an essential element of apres-sici, will help to liven up the gondola plaza."' And, "Live music or a DJ will play in the apres slci tent, which will be positioned in the corner facing the Little Nell slope so that music will project across the plaza and toward the hill."' In essence, the Ski Company is requesting the privilege to create environmental sound pollution when their mega speakers blare out tunes shielded by only a layer of tent fabric. Directing the speakers toward the mountain may be preferable to facing them toward town, but is no solution to sound abatement. In fact, the inclusion of this suggestion in the Ski Company's proposal is a clear acknowledgment of the potential disturbance that will be caused by their proposed facility. Having lived adjacent to the Tippler, I know what environmental sound pollution is all about! In this case, the biggest frustration is that there is very little anyone can do to control the amplified sound except the person with his fingers on the controls. From my lengthy experience in this matter, I know past performance can predict fiiture performance. Approval of the use of amplified music is an approval for environmental sound pollution. I think the P & Z Board should concern themselves with preserving what little open space that exists at the base of Ajax Mountain. This area is surrounded by the Little Nell Hotel, North of Nell Condominiums and to be built (already permitted) town houses on the Tippler property. A tent on the plaza would block the present limited open space and mountain vistas. In keeping with preserving this open space, I think the Ski Company should be directed to remove the ski storage building from the Gondola Plaza area. The Ski Company, in their application, have stated their willingness to move the existing ski storage building to the lower gondola plaza next to the ticket booth.3 In addition to the potential environmental sound pollution and blockage of open space that this facility may cause there are other impacts to consider. Dean Street is one of two primary pedestrian Accesses to the Silver Queen Gondola Plaza. Additional vehicle traffic and parking is likely on Dean Street as it is the logical route for transporting band equipment and members to and from the booze/music tent. Will the collection and disposal of waste generated in the form of empty bottles, plastic cups, paper, food particles, etc. be done in a responsible manner? When and how will this trash be collected? Will it be at 6:15pm or later in the night when dumping and rattling of bottles wake one from a sound sleep? The need for a booze/music tent on the gondola plaza is questionable, as the Ski Company is already in possession of a lovely facility for an apres-ski scene. They need only to open up and make more "user friendly" the large deck area next to the present Ajax Tavern. Wasn't that the intent after tearing down the old Little Nell and replacing it with the new Little Nell Hotel? I recall a statement to the Aspen community that apres- ski would continue at the new accommodations being built by the Little Nell Hotel. Is yet another apres-ski really necessary considering that the Ajax Tavern, Little Nell Hotel and Aspen Club Lodge each currently hold apres-ski parties? A booze/music tent Facility with amplified music is on the same standard as a hawking carnival at a county fair. To allow it would be tasteless and degrading to the quality of Aspen's atmosphere at the base of Aspen's premier mountain. To conclude, I am adamantly opposed to the Aspen Ski Company's proposed venue. The probable negative impacts far outweigh the possible benefits of such a facility. Thank you for taking my thoughts into consideration. Yours Respectfully, avid Weatherby r©113 ©© Karl, 11:24 AM 10/13/00 -0500, Aspen Ski Co. conditional use request. Page 1 of 1 From: "Karl" <karl@kabert.com> To: <nickl@ci.aspen.co.us> Subject: Aspen Ski Co. conditional use request. Date: Fri, 13 Oct 2000 11:24:41 -0500 X-Mailer: Microsoft Outlook Express 5.00.2615.200 X-Apparently-From: Kabert@aol.com Dear Nick: I received a notice of a conditional use request by the ski corp., but it does not describe what that use would be? I have an condo in the Shadow Mountain complex right across from the lift one complex. The ski corp. should be forced to clean up the lift one complex, its a dump, as compensation for any conditional use approval. If you could let me know what use they are requesting, I would grateful. Karl Hartman .4 1 V v ti _ GL- W AA .r ADG IL I& M 2Mn 6 G{ x 1•r! A. V-f—, • f.. E Gt GLii GQN'fQft 1z ar St,i„u RaN T S-r,,g.At,LC fAGiLIT! S 1✓ a G.aT LoADtN�++ DecK v KACK SMACK STUDIO P06 1847 23400 TWO RIMERS RD SPACE 48 BASALTCO 81621 lb A4 A6ft to "NEW 00 -nos 0 ct.ulb LOPCIC LtrTtZ WELL t:> 6A, � ----------- Iz c> v r4 &,. P%, r Nt*�' WF' f,p -`m G0t4N FAe- T X1 E G Y tr - PS t1 06-10-00 01:46pm From -ASPEN SKIING CO, -SALES 0709239790 T-111 P.09/09 F-031 2000 Chevy Truck Aspen Winternational — W omen's Alpine Ski Races Proposed Finish Area Diagram Big M 1 T,,,Mtintnrn Tv v12.s;,rm Broadcast Booths Tuning Shack County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) being or representing an 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 on the attached list, on the ' day of 067 c' i' �z , 200 0 (which is 1 days prior to the public hearing date of 101 z- LI1?eo o ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the lb' day 200 0 , to the . 4 day of oc� &, 200 (1. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) Signature Signed before me this2AL day of 200 0. b i WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: 1��� 1/ 0 Notary Public � G2�� 3' 4 i $ i$ K€ f£ i I "ENrJ ..9�y� - X ME