HomeMy WebLinkAboutcoa.lu.gm.Beaumont Inn1301 E Cooper Ave.A035-97
CAS~AD SUMMARY SHEET - CITY QJ'i.SPEN
DATE RECEIVED: 5/6/97
DATE COMPLETE:
PARCEL II) # 2737-181-00.047
CASE # A35-97
STAFF:
J&B Hotels (1301 E.Cooper) GMQS Exempt. And Spec Review
1301 E. Cooper Ave. Aspen
J&B Hotels, LLC
1301 E. Cooper Ave. 925-7081
same
PROJECT NAME:
Project Address:
APPLICANT:
Address/Phone:
OWNER:
Address/Phone:
REPRESENTATIVE: Joe Wells
Address/Phone: 602 Midland Park.Place, Aspen 925-8080
RESPONSIBLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNlNG
ENGINEER
HOUSING
ENV HEALTH
CLERK
TOTAL
FEES RECEIVED
$1080 PLANNING $1080.
$110 ENGINEER $110.
$0 HOUSING $
$0 ENV HEALTH $
$ CLERK $
$1190. TOTALRCVD $1190.
# APPS RECEIVED
# PLATS RECEIVED
GIS DISK RECEIVED:
TYPE OF APPLICATION
Staff Approval
P&Z
, CC
CC (2nd readin )
REFERRALS:
o City Attorney
o City Engineer (DRC)
o Zoning
o Housing
o Environmental Health
o Parks
DATE RpFERRED:
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
INITIALS:
DATE DUE:
APPROVAL:
OrdinanceIResolution #
Staff Approval
Plat Recorded:
Date:
Date:
Book
, Page
CLOSED/FlLED
ROUTE TO:
DATE:
INITIALS:
;Vv-'
FROM JWL~ INC ,
Pleasedeliverro:
Fax number:
Fwm:
Project:
Numberofpages:
Comments:
PHONE NO, 9709258275
JAN. 22. 1998 4:30PM P 1
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JOSeph Wells Land P1anniDg, Inc.
602 Midland Park Place
Aspen, Colorado S1611
Telephooc: 970.925.808Q
Facsimile: 970.925.8275
FAX TRANSMITTAL
Date:
If you experience any problems i1t ltatlsmi".ion, please call (970) 925-8080
FROM : JWLp I NC .
PHONE NO. 970 925 8275
JAN. 22. 1998 4:31PM P 2
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Joseph Wolls LaJid P1a"oillg, Inc,
602 Midlll1ld ParI;: Pla<:e
Aspen, Co]OOIdo 8]611
Telephone: 97(1.925.8080
Facsinn1e: 970.925.8275
FAX TRANSMITTAL
PI=edeJiverto: J~~ tk# ~ j)~Mrf'Jt/L~
Fax number: 0 - '5'</31 1-.16 to s-: '!:ffJ ";J'..':#si-
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Number of pages:
CommcQlS:
(including tr!lJ\smiltaI cover heet)
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If you experience any problems in tnmsmisslon, pleaSe call (970) 925-8080
FROM : JWLP I NC ,
PHONE NO, 970 925 8275
JAN. 22. 1998 4:31PM P 3
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Joseph Wells Land Planning, Inc.
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925.8080
Fac.imile: 970.925.8275
January 16, 1998
Ms. Julie Ann Woods
Deputy Director of Community Development,
City of Aspen .
130 S, Galena Street
Aspen, CO 81611
Dear Julie Ann:
I am Wl.'iting to you on behalf of J &: B Hotels, LLC, (the "Owners"), to follow
up on your conversation of last Friday with Dave Gibson regarding the
former Crestahaus Lodge. which you may. know has been renamed the
Beaumont Inn. Dave tells me that it is the Planning Office's position that the
allocations for 10 lodge units previously awarded to the Sellumont Inn have
expired be<:ause no change-in-use application was submitted prior to what
your office suggests is adead1:fne established under Ordinance 29, Series of
1996 (the "Ordinance"). Since your conversation with Dave was the first
communication which we have received from the Planning Office on this
subject, I thought I would take this opportunity to document our position.
As I recall, you and I did previously have one or more conversations on the
subject of the Beaumont Inn. It is my recollection that you initially thought
that the Owners wanted to file for a lodge allocation in 1997 and you
informed .me that that deadline had recently past. I was actually seeking a
clarification regarding certain aspects of the change-In-use application,
however, since we had already obtained an allocation. That is the last
communication which I recall having had with your office on the subject of
the Beaumont Inn,
First, let me point out some things about the language of the Ordinance.
Sec. 26.100.050.C.1.a (page 6 of the Ordinance), regarding CMQS Exemption by
the City of Aspen Planning and Zoning Commission states that no
development shaJJ be considered for an exemption..... "until a complete
application has been submitted pursuant to Section 26.52.070" (this appears to
be an incorrect code reference). The issue of a deadline by which to file a
completed application is not addressed in this section of the amendments,
however. The Owners do not disagree that we should attempt to arrive at an
agteement regarding what would constitute a complete application under the
requirements of the Code prior to proceeding to a review by the Planning and
FROM : JWl.F' Ir.;C,
PHONE NO. 970 925 8275
JAN. 22. 1998 4:32PM P 4
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January 16, 1998
Ms. Julie Ann Woods
Page two
Zoning Commission, so I don't believe that there is any cause for
disagreement with the language of this paragraph.
The f"lfth paragraph in the section which explains the Process ror Allocations
(page 7 of the Ordinance) does include language estllbliElhing a deadline to
apply for a change in use following the awarding of an allocation and also
establishes a deadline for securing an active building permit and
abandonment of the lodge thereafter. These dea41ines simply do not{
however, apply to lodge projects whkh have been awarded lodge allocatioos,
such as the Beaumont Inn. The stated pUqlOse in establishing these deadlines
which introduces this paragraph of the Ordinance is to prevent residential
quota banlocing. Secondly, the language specifically states that "a lodge
awarded residential allocations" are the lodges which are subject to the
deadlines of the paragraph. Finally, the fact that the deadline for obtaining a
building permit which is contained in this paragraph is linked to the
abandonment of the lodge further reinforces the fact that these deadlines
were intended to apply to those lodge owners seeking to convert a lodge to a
residential or commercial USe, not those obtaining lodge allocations to
expand. 'The Qv.rnexs applied for and received only a lodge allocation to
expand the existing lodge, rIOt to abandon it, .
The s.ixth p<U'agraph (page 8 of the Ordinance) clarifies that the deadlines
established in the prior paragraph for residential conversion do not apply to
such residential conversion projects which requite a commercial allocation
until such time as the full com:tnerdal allocation can be obtained. The
requirement to abandon the lodge use upon receipt of a building permit is
repeated in this paragraph. The Owners are not proposing to obtain a
commercial allocation, 80 the provisions of this paragraph do not apply in
their case, either.
Secondly, it might be helpful to remind you of the circumstances which have
transpired since the Owners were awarded a lodge allocation. Following the
award of the allocation, the Owners immediately retained consultants to
undertake the design of the renovation and expansion of the lodge. I was
retained to coordinate the work of the consultants and to prepare the required
land-use application for the project. On April 28. 1997. the Owners filed the
required change-mouse application with the required fee (a copy of the check
deposited by the City on or around May 8, 1997 is attached). The application
was not simply thrown .together. It was a serious effort to address the Code
requirements for !he relevant reviews. It included full schematic architecture
for the :tenQvation and expansion of the lodge and addressed engineering
issues related to the proposal. It was substantially complete, in my opinion.
FROM : JWL.P I t-lC.
PHONE NO. 970 925 8275
JAN. 22. 1998 4:33PM P 5
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January 16, 1998
Ms. Julie Ann Woods
Page three
Subsequent to the City's acceptance of 0Ul' submission and filing fee, I
received a mark-up of our $ubmissionbooklet and drawings prepared by
Mitch Haas. My recollection is that r received the mark-up sometime around
the end of May, since I was away on 'Vacation at the time the mark-up was
completed. The mark-up identified areas regarding the submission where
Mitch was requesting additional information. While 1 would take issue with
some of the additional information requested by Mitch as not being required
nnder the City Code, nonetheless 1 acknowledge that the consultants have not
yet provided a response to those comments from the Planning Office.
r have reviewed the Code and don't th:In.k the Code cleady addreSSeS the issue
of the relevant procedure in a case where an application has been filed but the
Planning Office later requests additional infomlatlon regarding the
application which has not been submitted, I do not find any references to
deadlines in such event, for instance. Specifically, Sec. 26.52.050 of the Code
reads as follows:
. A. Determination of completeness.
1. Submission.
In order to initiate a development application, an apptitatlt shall
submit to the planning director the number of copies of the
applil:ation, containing that information agreed upan in the pre-
application conference or required 17y the relevant provisions of this
title, and accompanied by the application fee. "
(The Planning Office suggested that we initially submit only one copy
for review, so we complied with that request when we filed the
application.)
"2. Determination of completeness.
After a development application hI1$ been received, the planning
director shall determine whether the application is complete. If the
planning directoT determines that the application is not complete,
written notice shall be served on the applicant specifying the
deficiencies. The planning director shall take no further action on the
appliClltion unless the deficienci/1S are remedied, ..... N
r would think that it would have been appropriate to alert the Owners well
prior to a theoretical expiration date, if the Planning Ofike intended to
interpr~ the language of the Ordinance b.\ such II way that the Owner's
allocations were in danger of expiring, particularly in light of the specific
,-RON : JWI..P I(-IC.
PHONE NO. 970 925 8275
JAN. 22. 1998 4:33PM P 6
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January 16, 1998
Ms. Julie Ann Woods
Page four
language of the Ordinance cited above which is contrary to such an
interpretation and the absence of any language in the Code which 6tablishes
a deadline for applicatiol1S which have been filed but which have not been
certified complete. This would have provided the Owners with an
opportunity to respond within a reasonable period of time and would have
avoided a controversy. I have reviewed my me and 1 have not received any
such correspondence as the applicant's designated representative, nor has the
applicant's deposit been returned to either me or to the applicant.
At the time of adoption of Ordinance 29, City Council was concerned about
the condition of the small LP-zoned lodges and spent many months working
on these code amer\dments with the owners of the small lodges to provide
thl:! incentives which. were included in the Ordinance. The subsequent
criticisms regarding the code amendments of which I am aware have been
directed entirely at those applications involving the conversion of lodges to a
residential use. In contrast, the Owners are one of only a few applicants (if
not the only applicant) trying to make a go of it with a small lodge by
pursuing a modest expansion while preserving a use that the City Council
was concemed about when it adopted Ordinance 29. I hope that my letter
causes you to have some reservati()1'\S about your prior interpretation as
expressed to Dave, so that we can discUSs this further.
Please give me a call at your convenience.
Sincerely yours,
cc: Jeff Stafford
Dave Gibson
Jay Hammond
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Joseph Wells Land Planning, Inc.
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925.8080
Facsimile: 970.925.8275
May 1, 1996
Mr. Stan Clauson, Director
Aspen Department of Community Development
130 South Galena Street
Aspen, Colorado 81611
Dear Stan:
As I recently discussed with Julie Ann, I am submitting on behalf of J & B
Hotels, LLc, current owner of the Beaumont Inn (formerly known as the
Crestahaus Lodge), the attached application for GMQS Exemption, Special
Review and Conditional Use Review so that the owner may proceed with the
proposed expansion of the lodge. As you will recall, J & B Hotels, LLC
previously received a lottery allocation for a ten-unit expansion of the lodge
and this application is the follow-up subrnission to that award.
I arn presently in Maui until the 20th of the rnonth but I have the application
with me on my laptop. Please give me a call at 808.879.9065 or leave a
rnessage on my Aspen answering machine (925.8080) if you would like to
discuss this matter further or if you need any additional information.
. !
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AN EXPANSION OF
THE BEAUMONT INN
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LP Lodge GMQS Exemption,
Special Review and
Conditional Use Request
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AN EXPANSION OF
THE BEAUMONT INN
LP Lodge GMQS Exemption,
Special Review and Conditional Use Request
April 28, 1997
Submitted to:
The City of Aspen and
The Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
Phone: 970.920.5090
Facsimile: 970.920.5439
Applicant:
J & B Hotels, LLC
1301 East Cooper Avenue
Aspen, CO 81611
Phone: 970.925.7081
Facsimile: 970.925.1610
Prepared by:
Joseph Wells, AICP
Joseph Wells Land Planning, Inc.
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925.8080
Facsimile: 970.925.8275
.
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CONSULTANT TEAM
Architects:
Gibson Reno Architects
210 E. Hyman Avenue, Suite 202
Aspen, Colorado 81611
Phone: 970.925.5968
Facsimile: 970.925.5993
Engineering and Surveying
Schmeuser Gordon Meyer
PO Box 2155
Aspen, Colorado 81612
Phone: 970.925.6727
Facsimile: 970.925.4157
Landscape Architect
Kiernan Design Studio
PO Box 8118
Aspen, Colorado 81612
Phone: 970.925.7499
Pre-construction Services
Rudd Construction
0132 Park Avenue
Basalt, Colorado 81621
Phone: 970.927.9119
"
iL
TABLE OF CONTENTS
1. INTRODUCTION
1
II. GMQS EXEMPTION PROCEDURES (SEC 26.100.050)
14
A. GMQS Exemption by the Planning and Zoning Commission for Lodge
Expansion (Sec. 26.100.050.C2.a)
1. Change in Use/Lodge Expansion (Sec. 26.100.050.C2.a):
B. GMQS Exemption by City Council (Sec. 26.100.050.D):
1. Affordable housing (Sec. 26.100.050.D.3.b):
2. Accessory uses in mixed use development (Sec. 26.100.050.D.3.c):
III. SPECIAL REVIEW PROCEDURES (Chapter 26.64)
20
A. Special Review to Establish the External FAR for aLodge in the LP Zone
District Overlay (Sec. 26.64.040.A)
B. Special Review to Establish Required Open Space (Sec. 26.64.040.A) .
C. Special Review to Establish the Off-Street Parking Required for the On-site
Affordable Housing (Sec. 26.64.040.B)
N. CONDITIONAL USE REVIEW (Chapter 26.60)
V. EXHIBITS
30
A. Land Use Application
B. Owner's Letter of Authorization
C Title Commitment, Stewart Title
D. Vicinity Map
E. Current Staffing Plan
F. Architectural Drawings, Gibson & Reno, Architects
G. Engineering Report, Schmueser Gordon Meyer
.
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I. INTRODUCTION
This application is filed on behalf of J & B Hotels, LLC, owners of the Beaumont Inn,
formerly known as the Crestahaus Lodge. The applicant requests approval of
required reviews for an expansion of lodge units at the Inn, to be built in
conjunction with the upgrading and expansion of guest amenities and on-site ~ w~
affordable housing. In November 1996, the owners received approval of a lottery S ~
allotment for 10 lodge units under the Small Lodge Expansion Lottery established by -1
Ordinance 29, Series of 1996. The applicant is now filing for a GMQS Exemption for
lodge expansion, as called for by Ordinance 29 and related reviews as required for the
project.
In addition to 31 existing lodge units, the main structure of the lodge presently
contains a dining room, kitchen and two lounge areas. Two detached structures on
the site presently include affordable housing. In 1985, the owner at the time
received approval to expand the lodge to its present plan and design (see City
Council Resolution 1, Series of 1986, Exhibit G). As a part of that approval, the
owners agreed to deed-restrict 895 square feet of the existing space for use as
affordable housing. The housing director subsequently agreed to the relocation of
this housing to an existing detached three-bedroom residence on the southern .
portion of the site. The previous owner also received approval through a GMQS
Exernption process to build a two-story structure on the northwest corner of the
property which contains two deed-restricted studio apartments and a resident-
occupied unit.
The Beaurnont Inn project as proposed consists of the rernodeling of 25 of the 31
existing lodge units, the reconstruction of 6 existing lodge units and the upgrading
of the existing accessory space within the Inn. The project also includes the addition
of 10 new lodge units and the expansion of the accessory space. Six of the existing
lodge units, totaling approximately 1,690 square feet, are proposed to be converted to
studio apartments for replacernent and new affordable housing. The existing triplex
will also be maintained and the three units will continue to be subject to their
current deed restrictions. There are a total of 41 lodge units totaling 19,427 sq. ft.
(FAR), 12,240 sq. ft. (FAR) of accessory space and a total of2,946 (FAR) sg~re feet of
affordable housing (including the triplex) in the project, as proposed. Arr~ I
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The following narrative provides background regarding the history of the facilities
on the property and describes the architectural concept for the project.
A. History:
In the 1940's, as Aspen emerged frorn the mining days, a well-preserved two-
story brick Victorian dwelling stood upon the hillside property of the present
Beaumont Inn. In the 1950's, the dwelling becarne the centerpiece of a sprawling
dude ranch, which included stables and log guest cabins. In the 1960's and 70's,
the lodge acquired a Swiss therne, the name Crestahaus and the stables were
converted to guest quarters. In the 1980's, the lodge was modernized, given a
country bed & breakfast theme, and 20 new rooms were added. Now in 1997, an
additional 10 rooms are to be added, along with several internal guest amenities.
However, in terms of architectural character, the lodge has come "full circle".
B. Exterior Design:
The brick walls of the original Victorian dwelling will be stripped of plaster and
cleaned of paint and restored. The original elements of tall windows and brick
arches will also be restored and carried through into the proposed construction of
new lodge rooms, so that the bricks, wood shingle gable-ends, and vertical
windows relate and respond to the historic ones, in a manner not unlike the
Sardy House project on Aspen's Main Street. Roof forms will be gabled shingle
roofs, accented by dormers. Slopes will be maintained at a 5:12 pitch or greater on
new roofs and dormer gable windows at a 8:12 pitch or greater. The steep roofs
recall and respond to the historic dwelling and give visual variety to the roof
lines, as viewed from ground level.
As illustrated on the site plan following page 3, the new construction is set back
about 70 feet from Highway 82/East Cooper Avenue. This permits good solar.
access to the street and preserves the public's views of Aspen Mountain beyond.
The proposed new structure is set back about 20 feet from the south property line,
in order to minimize visual impacts to the adjacent dwelling. On the northwest,
west and southwest sides of the site, no new construction is proposed, so that the
existing lodge will effectively shield the visibility of the new structures from
these residential exposures.
2
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C. Interior Amenities:
The primary changes to the accessory uses within the Inn include the following:
1. A mUlti-purpos~IPc~~r small group activities, meetings, and social
gatherings will be added across from the dining roorn at the center of the
proposed new addition. This multi-purpose room is convenient to the new
restrooms and to the new central elevator core.
2. The existing dining space will be upgraded in its present location and a
walk-out terrace for fair-weather dining will be added, overlooking the pool
and the City of Aspen.
3. Lobby space will be increased and supported by ski storage, valet service,
and expanded restrooms which comply with current accessibility standards.
A mezzanine seating area in the main lounge/bar area will add a new
dimension to this focal space.
Section II of this Application addresses the required GMQS Exemptions. An
Exemption from GMQS procedures by the Planning and Zoning Commi!;sion is
required for Lodge Expansion in the LP Lodge Overlay under Sec. 26.100.050 of the
Municipal Code, as are GMQS Exemptions by the City Council for affordable
housing and expansion of accessory uses. As discussed in Section III of this
Submission, the applicant is applying for Special Review to establish the allowable
external floor area ratio for the project, as required for the LP Overlay. Under
Chapter 26.28 of the Code, an external floor area ratio of up to 1:1 is allowed upon
Special Review approval in the LP zone. Special Review is also required to establish
the off-street parking requirement for the affordable housing and to establish
required open space. Section IV addresses Conditional Use Review, as required for
the proposed affordable housing.
3
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.
II. GMQS EXEMPTION PROCEDURES (SEe. 26.100.050):
The proposed development is eligible for several exemptions frorn the residential
and tourist accommodations growth rnanagement competition and scoring
procedures of Chapter 26.100, as discussed below.
A. GMQS Exemption by the Planning and Zoning Commission
(Sec. 26.100.050.C):
The expansion of an existing lodge previously zoned LP is eligible for GMQS
Exernption, subject to review by the Planning and Zoning Commission under
the provisions of Sec. 26.100.050.C.2.a of the Code, as arnended under Ordinance
No. 29, Series of 1996.
1. Change in Use/Lodge Expansion (Sec. 26.100,050.C.2.a):
The expansion of an existing lodge previously zoned LP shall be exernpt from
growth management competition and scoring procedures, provided that the
following conditions are met:
a. The Planning and Zoning Commission determines that employee
housing or cash-in-lieu will be provided to mitigate for additional
employees generated by the change in use or expansion. This shall
include an analysis and credit for existing employee housing and the
incremental impact between the existing use and the proposed
conversion.
The applicant has met with the Housing Director to discuss employee
generation and affordable housing to be provided. In 1985, the previous
owner of the lodge committed to provide affordable housing for 3
employees under the prior approval to expand the lodge by 14 lodge units
(see Exhibits G and H). As the staffing plans for the current operation and
~ r~O as proposed indicate (see Exhibit E), the expansion is expected to result in
~~~~ ~\'T.S, the addition of 2.91 new full-time equivalent employees. The applicant
sur W!lltT ~proposes to convert 6 of the existing lodge units to the west of the dining
TIl6f.~U~ roorn to studio apartments deed-restricted to Category One guidelines.
lSeE ,r. 18; Because the studios are substandard in size, the owner and the Housing
Director have agreed that the studios should be calculated as housing one
employee per unit. Therefore, the studios will house a total of 6
employees. Three of the units will replace the housing for 3 employees
required under the prior approval and three will house the new full-tirne
14
equivalent ernployees generated by the proposed expansion of 10 lodge
units.
b. The Planning and Zoning Commission detennines that sufficient
parking spaces will be provided for the change in use or expansion or cash-
in-lieu will be used.
The applicant proposes to provide 33 parking spaces for the 41 lodge unit
facility. A total of 29 spaces are required for the 41 lodge units at 0.7
spaces/unit. Two spaces will be reserved for the inn's shuttle vans and
the remaining two spaces will be reserved for the use of employees. No
parking is required for the uses which are accessory to the principal lodge
use.
c. The Planning and Zoning Commission detennines that the change in
use or expansion is compatible with the character of the existing
, neighborhood.
The proposal is compatible with the character of the existing
neighborhood. A tourist accommodation has operated on the site since
the 1950's and the facilities have been rnodestly expanded over the years.
Access to the site will continue to be provided by way of Highway 82, away
from the residential neighborhood to the west and south of the site. The
existing structures on the site effectively screen the eastern portion of the
site, where the expansion will occur.
d. The Planning and Zoning Commission detennines that adequate
public facilities exist or will be provided for the change in use of the
existing neighborhood.
The public facilities in the neighborhood are adequate to serve the
expanded lodge. All utilities are presently in place to the site and with the
exception of necessary upgrades to individual service lines, are adequate to
serve the project. Two existing transit routes operate in the area.
e. No zone change is required.
The expanded lodge is consistent with the dimensional requirernents of
the LP Zone District and no zone change is necessary. The project as
, proposed requires several Special Review actions. First, under an LP
Overlay, the External Floor Area Ratio is required to be established by
Special Review. Secondly, the amount of open space which is in
cornpliance with the current open space definition must be established by
15
Special Review and finally, the parking requirement for the affordable
housing is required to be established by Special Review.
f. The proposal is consistent with the Aspen Area Community Plan.
The five citizen committees established to participate in the preparation of
the Aspen Area Community Plan organized six Action Plans. Each plan
addresses a number of issues and prioritizes the recommended actions by
short-, mid- and long-term implementation. The Action Plan which is
most relevant to the proposed lodge expansion is the Commercial/Retail,
Office and Lodging Action Plan. This Action Plan includes
recommendations for incentives for small lodges. The intent of the
Commercial Retail, Office and Lodging Action Plan is to provide
incentives for managed strategic growth by locally-serving cornmercial
and office uses and small lodges.
According to the Action Plan, "Small lodges immediately set the stage for
the guest experience in Aspen. These lodges promote a sense of scale and
feel that provide the visitor with a transition into the uniqueness of
Aspen. The community must find ways to maintain these small lodges
and the experience they offer to our guests."
One of the policies of the Action Plan is to "provide incentives to keep
small lodge owners in operation." The Implementation Strategies
identified to irnplement this policy for lodges include the following:
"11. Sponsor a forum for small lodge owners."
"12. Revise the Lodge Preservation zone district to allow a range of
mitigation and allow for minor expansion with less mitigation
required in order to maintain the small lodge inventory in the
, community."
Following adoption of the Aspen Area Community Plan, lengthy
discussions occurred between the City and the small lodge owners
regarding changes which should be made to the LP zone in response to the
Plan's recornmendations. These strategies have now been implemented
rnore specifically through the adoption of Ordinance 29; Series of 1996,
16
.
which provides for limited expansion of small lodges exempt from GMQS
procedures.
B. GMQS Exemption by City Council (Sec. 26.100.050.P):
The proposed affordable housing and expansion of accessory uses are eligible for
GMQS Exemption, subject to review by the City Council under the provisions of
Sec. 26.100.0S0.D.3.b and c of the Code.
1. Affordable housing (Sec. 26.100.050.D.3.b):
The Applicant requests approval by the City Council of an Exemption from
GMQS Procedures for development of the six new affordable housing units in
the project. As a part of the lodge expansion proposal, the owner proposes to
convert 6 existing lodge units to 6 studio apartments for affordable housing
deed-restricted to Category One guidelines. The Applicant intends to house
its own employees in the new units, and is requesting the right to first rent
the restricted units to qualified employees of the Inn.
Two detached structures on the site presently include affordable housing.
When GMQS approval was granted in 1985 for a 14 unit expansion, the
owners agreed to deed-restrict a 625 square foot dormitory space and a 270
quare foot room housing a total of 3 employees (see Exhibits G and H). The
W.frf'S ltte I'U\M Housing Director subsequently agreed to the relocation of the 895 sq. ft. of
fo~ 1~~ \t.lT~'" housing within the lodge to an existing detached three-bedroom residence on
~OU of ~ the site. Since the residence will be removed under the proposal to expand
~~~ the lodge, the owner is proposing to replace this housing with a portion of the
LtStte'O +1He Ne.l housing described above. As discussed earlier, three of the newly deed-
'!~oI~NOf restricted studios will serve as replacement housing and three will house new
f ,tu::>'I~. -...
~ CoM9liiOl'L.. ernployees generated by the proposed expansion.
$BIN ~~., ,
se.ltSof\98b The previous owner received approval through a GMQS Exemption process
to build a two-story structure of approximately 1,250 sq. ft. which contains two
deed-restricted studio apartments and a resident-occupied unit. This
structure is proposed to be retained. Deed restrictions for these three units
will remain in effect.
, FROM,:5Cf..ft.
Affordable housing to be provided on-site is to be expandedA'o approximately
2,946 sq. ft. Following expansion, a totaf of 8 deed-restricted studio apartments
17
.
A ~\A\AAAt-!--r; 'If ~~Itl9. '
elJ9(o~otl{ef 1l\fW ~ .
,and a one-bedrc cfllJ.~1$ 1-:;' Nor AN ~t occupancy wIll be
located on the p lAse. ~> rr 15> A.. (bf'tOOla.rodge facility and the
proposed lodge At, ~ ~tXOt~ f?t~ t.'ffRp~L. +
,,'~IWOO~~~~~~~ ~
2. Accessory us' WV'A t.e ~~ i- IO.050.D.3.c): ~ fOtllMi
The proposed 10 ~ ~ ~ij ~ R€rfUI~ A ) sq. ft. of accesso e<ft\NsI/:IH Af8
space. Under tr mu\.U ~ t:A,W velopment of acces ry\:5 g,~
uses ina mixed E}MQS:> AL.\.OC4:1ioN. tion from the growth
rnanagement co ~n the following
conditions are I
a. The proposed development consists of a building or buildings designed
as an integrated whole that contains uses requiring the submission of
development applications for an allotment in more than one of the
categories of Section 26.100.040.
The lodge expansion is designed as an integrated whole and contains
~ AS'? <omrnercial uses in addition to the lodge use which, if not considered
accessory to the lodge use, would be required to obtain a GMQS allocation.
b. There is one use of the property that is the principal use and any other
uses are accessory to, in support of and necessary for the principal use.
The principal use of the property is the lodge use and all other uses are
accessory to that use.) SEE f\tfACdtWNor'ES A;t;tNG'(
c. In conjunction with the application for exemption, an application is
submitted pursuant to Section 26.100.060 that receives a development
allotment for the principal use.
The applicant has previously received a lottery allocation for 10 lodge
units exernpt frorn GMQS under the provisions of Qrdinance~ Series oL
1996 1lIts IS e-rTil~ t./AriCt-11tAT
. Af'l'FO>JEl) ~ AlJ.t.2ClmOll4-Sf/OI1L.P ~
CfTW P6- suat. ~ ~~ ~
d. The impacts of the accessory use on public facilities and affordable ORQINA'~
housing are mitigated by an agreement to provide the necessary public I~.
facilities and affordable housing at a level that would meet the threshold
required in Section 26.100.060.C.S for the accessory use.
Public facilities in the area are adequate to serve the project. The applicant
will be responsible for any service upgrades which are required for the
lS rr. b~ l$~proposed expansion. The applicant proposes to provide 6 studio units of 11(15
\-( e~ ~\96~ affordable housing. The applicant a~ticipates an increase in staffing 0~.9~<~
{1~~~ Oe full-time e~ale~t employees as a result of the proposed expansion of ,"to -';;'OOfJ1
~~~~~\,,\"'~)f6~~.~\!{~. 01.. ~R~
~ "", ,p\KJt'. 0.""- ~~ 1 ~~+rr~
~~,. ~~\,,~~~~ ::-~~~~~. 8 foratrlA\..\.(8.; ~
~ J: --<~ ~\)~~~~~0/'(,/" ,,^~" ~"11\-1t.ls..
. ,
the Inn. The applicant's current and proposed staffing plans are included
as Exhibit E.
e. The site design and architecture of the accessory use is evaluated in
conjunction with the review of the development application for the
principal use pursuant to Section 26.100.080.
The site plan and architectural drawings of the project are included
beginning on page 4 for evaluation by the City Council.
19
,
. .
III. SPECIAL REVIEW (Chapter 26.64):
The project as proposed requires several Special Review actions. First, under an LP
overlay, the external floor area ratio for the Inn is required to be established by
Special Review. Secondly, the applicant is requesting that the amount of open space
which is in cornpliance with the current open space definition be established by
Special Review. Finally, the parking requirement for all affordable housing is
required to be established by Special Review, under the provisions of
Sec. 26.32.010.B of the Code.
A. Purpose (Sec. 26.64.010):
The purpose of Special Review is to ensure site-specific review of the
dimensional requirements of Sec. 26.28.320.D and off-street parking requirements
of Chapter 26.32, ... in order to maintain the integrity of the City's zone districts
,and the compatibility of the proposed developrnent with surrounding land uses.
I
B. Authority (Sec. 26.64.020):
Under the provisions of Sec. 26.64.020, the Planning and Zoning Commission is
authorized to review and approve a development application for Special
Review, after recommendation by the planning director, in accordance with the
procedures, standards and limitations of Chapter 26.64.
C. Applicability (Sec. 26.64.030):
Special Review applies to all development in the City of Aspen designated for
Special Review in Chapters 26.28 and 26.32.
D. Review standards for Special Review (Sec. 26.64.040):
No developrnent subject to Special Review shall be permitted unless the
I:'lanning and Zoning Commission makes a determination that the proposed
developrnent complies with all of the standards and requirernents as discussed
below:
1. Dimensional requirements, (Sec. 26.64.040.A):
The applicant is seeking approval to expand the Inn to a total of 34,613 sq. ft.
of FAR floor area. The floor area ratio proposed is therefore 0.62:1. A floor
area ratio of up to 1:1 may be approved by Special Review. The applicant is
also seeking approval for a reduction in required op~~a~foo30 percent of
the lot area. Whenever the dimensional requirements of a proposed
20
,
. ,
development are subject to Special Review, the development application
shall only be approved if the following conditions are met:
a. The mass, height, density, configuration, amount of open space,
landscaping and setbacks of the proposed development are designed in a
manner which is compatible with or enhances the character of
surrounding land uses and is consistent with the purposes of the
underlying zone district.
The above criteria have been considered in the design of the project. ~
r of ~ese criteria is discussed hp]()w'
'\!/ I. Mass: '
~\\ S\\lU,V ~~~~ss of the project is perhaps most readily judged by its External Floor
~rdiA~~ OF .Area Ratio. The proposed External FAR of the project is 0.62: 1.
~oN~~ ~xternal FAR is required to be established by Special Review in the LP
~~~~ -t?otole O~ICii;one district, but may not exceed 1.0:1.
AVO:
ii. Height:)saCtWI1fON~of ~(I~,5eRI$Of t98b
The height of the project is in compliance with the maximum height
limit oK2sXeet in the LP OverlaY();.~~e diitrict. '
, ""1::) ~R~ to 2Z IN ~. I) 'lBb
iii. Density:
Since density is a measure of the total nurnber of residential dwelling
";:S~J&eTA~~Mtt t~~101eU;~i~~~AiB~~pJ~~Wi~~, co"',
~;:;':d.,;fEeloF lDrf\~:T~"R\t" tRo~ ~.OO1.silT-_A~~...v b<
iV~lguration: Cff i.otqC~= _,fct ^ \i)(/\ett'leD \)6~' '1 (f , p
The existing structures extend along the north, west and southwest
sides of the property and screen the expansion from the residential
neighborhoods. The addition is set well back frorn the highway to
preserve view~lrom the road and to avoid shading of the road. ~lt4 It\.,..~
of fOR~ t-RA...crrONA:Uty
v. Amount of Open Space: l~158) 1:"0 Pe1\O -r~
The applicant is proposing to retain 30 pE n.....fi~ rtl~ (Jf (( ~ "
space in compliance with the current def vt I ." RafL ~
zone, the open space requirement was 35 GPt\<::e ".:lI)~cK. to NC1'I
could not be varied. Under Ordinance 2~ ~~6 K....fSA\/ -
open space can now be varied by ?pecial (Pt.U:rf'.O.$. M,16-r 8e
~~\8LtfR.cM $~~
21
,
sa; ~VrTfoij
S l.{ Off6>.if,
~of 1geb.
L
requirement in the LP zone was established when the LP zone district
was originally established. This is the largest percentage of open space
required in any zone district and was not reduced when the more
restrictive open space definition was adopted a number of years ago.
Further, the open space definition as presently written would not
necessarily ensure that the surrounding residential neighborhood
would benefit, since the definition requires that the open space must be
both open to view from the street and a minimum depth from the
street frontage. As a result of the definition, most of the project open
space must be located along the street frontage, and away frorn the
~sidential area, to qUWli under the defin' ition. , 1+tA.1 ltlf' srA.lfJ)/~rn
~6AR~~.? 1\0\ I! PJl,p t.. IS foe. 1.fl:iP OPe-l s 1>ACe" ...,; ),~ ...."""', ",-l\.l"'" . ".<V-I' "'ff
!l\1"1M\ltI\+ 1M!! 3o'~.I!' lIoe:;tJor~R~ QUA:UT'T /'l:7UTQo1~ W"UU-',
VI. Laniiscapmg: vet1NmoN. You N€€D1D ~~ ~ ('J6e AS -ro Wl\V1\\15 ~~
A landscaping plan for the project has been prepared by Robin Kiernan 1IJ
of Kiernan Design Studio and is included with the drawings following
page 3. The landscaping concept is intended to emphasize colorful
shrubs and flowers rather then large specimen trees.
vii, Setbacks:
The project will comply with the setback requirements of the LP
overlay.
viii. Consistency with the Purposes of the Underlying Zone District:
The project has been designed in a rnanner which is compatible with
the character of surrounding land uses and the purpose of the R-15 and
LP zone districts.
The purpose of the Moderate-Density Residential (R-15) zone district is
to provide areas for long terrn residential purposes with customary
accessory uses. Recreational and institutional uses customarily found
in proximity to residential uses are included as conditional uses. Lands
in the Moderate-Density Residential (R-15) zone district typically
consist of additions to the Aspen Townsite and subdivisions on the
periphery of the city. Lands within the Townsite which border Aspen
22
.
Mountain are also included in the Moderate-Density Residential (R-15)
zone district.
The expansion of the lodge is consistent with the purpose of the Lodge
Preservation (LP) Overlay Zone District which is to provide for and
protect smaIl lodge uses in areas historicaIly used for lodge
accommodations, to permit expansion of these lodges when such
expansions are compatible with neighboring properties, and provide an
incentive for upgrading existing lodges on-site or onto adjacent
properties.
The expansion is also in compliance with the following dimensional
requirements which apply to all permitted and conditional uses in the
LP Overlay zone district:
(a) Minimum lot size: No requ.irement.
Minimum lot size is not applicable to the project.
(b) Minimum lot area per dwelling unit: No requirement.
Minimum lot area per dweIling unit is not applicable to the project.
(c) Minimum lot width: No requirement.
Minimum lot area per dweIling unit is not applicable to the project.
(d) Minimum front yard: 10 feet.
A rninimum front yard setback of 10 feet will be maintained for the
expansion) WAS A~ARJ~ q~~ fOR. Ht€ ~t5IT~ euq.'? <.
(e) Minimum side yard: 5 feet.
Minimum side yard setbacks of 5 feet wiII be maintained for the
expansi~~' t\o~61~ rAI4<t~ +OR\'Je I\(SUS Wu. fAll. ~rrf\tN
-me 5' $~.
(f) Minimum rear yard: 10 feet.
A minimum rear yard setback of 10 feet wiII be maintained for fhe
expansion. sttafAI.O, ~s.~1f11~ ~~O ()f"~~~
~'I'I..l~t-M~~~, A~"'A\eR€ -~'""1+VI'.'~
S~CoNonrt.tfg) Maximum height: 25 feet. Wl--ntl~ \l\e ~.
-$1of. 1QQ'l'- rnaximum height of 25 feet ~iII be rnaintained for the expansion.
Keso.~' '/(1b ,
23
,
.
(h) Minimum distance between principal and accessory buildings:
10 feet. '
A minimum distance of 10 feet between principal and accessory
buildings will be maintained for the expansion.
(i) Percent of open space required for building site: 35 percent (can
be varied by special review pursuant to Section 26,64).
The percentage of open space proposed to be provided for the
~"%, ~rlbuilding ,ire which oompli~ with tho ,,",00' 0"," ,p.re d.!inition
_ V€KIFltis approximately 30 percent. Therefore, the open space requirement
-+, '1Q6'~ must be approved by Special Review, as provided under Ordinance
~1tl9 29, Series of 1996.
(j) External floor area ratio: Established by special review pursuant
to Chapter 26.64, not to exceed 1:1.
IS -ntIS The FAR square footage of the expanded facility, which must be
1ltE -rcPt\- established by Special Review, is aEProximately 0.62:1 (34,613 FAR
~FAf<. sq. ft. on a 56,192 sq. ft site). - tXYl.AIN W\tATtS jV)€'A\ltre-(
fo~ ~ ~~ictl? (\ FAR. SQ. f-r. JJ ,
t\ff6~ e;<~ (k) Internal floor area ratio:
(1) Lodge rental space: Maximum of 0.75:1, which can be
increased to 1:1 internal FAR of lodge rental space provided
33.3% of the additional floor area is approved for residential use
restricted to affordable housing for employees of the lodge.
The ratio of the lodge rental space to all uses in the expanded
facility- approximately 19,427 sq, ft. of a total of approximately
34,613 sq. ft.- is 0.56:1. This is a slight reduction from the present
internal floor area ratio for lodge rooms of 0.57:1 and results
from the proposed expansion of the accessory uses and affordable
housing in the facility.
b. The applicant demonstrates that the proposed development will not
have adverse impacts on surrounding uses or will mitigate those impacts,
including but not limited to the effects of shading, excess traffic,
availability of parking in the neighborhood or blocking of a designated
view plane.
24
.
The proposed development will have rninimal adverse impacts on
surrounding uses. Impacts have been mitigated to the maximum extent
practical. Each of the above criteria is addressed below:
i. Effects of shading:
The orientation of the site and the location of the proposed
improvements assures that most, if not aIl~ ~! the shading which will
C"'.."!-.,, -'
result from the expansion will occur intemalfy"in the parking area to
the east of the new addition.
,
ii. Excess traffic:
Traffic volumes on Highway 82 at the Beaurnont Inn are highest
during summer months as motorists travel over Independence Pass
t<<s and between Aspen and the nurnerous recreation opportunities offered
00650 N~ ~%~ in White River National 'Forest. Schrnueser Gordon Meyer's report
1)~I~~~onlEiR 1R.AffIt I(see Exhibit F)lincludes an estimate of traffic generation resulting from
~1~~~/6i the expansion. Using a factor of 8.7 vehicle trips per day as
=,:0 ~ (hjOtfiorl.z. ecommended by the Institute of Transportation Engineers, the 10
oFReo'fI,198b additional lodge units will generate 87 additional vehicle trips per day.
The proximity of the site to downtown and the available transportation
alternatives should serve to reduce vehicular use to a level below that
suggested by this standard traffic generation factor, according to SGM.
iii, Availability of parking in the neighborhood:
There is very little on-street parking in the vicinity of the project. This
will discourage guests from attempting to park off-site while staying at
the lodge. >Ot-J-SrlE ffiR.~~ ~€:5 Nc;T 5e'~M "\O~Wtfe-li\OUqt-t<
iv. Blocking of a designated view plane:
There are no designated public view planes in the area, so this is not an
applicable consideration in this case.
2. Off-street parking requirements. (Sec. 26.64.040.B)
Under the provisions of See. 26.32.01O.B, off-street parking for affordable
housing must be established by Special Review. A total of 33 parking spaces
are provided on-site for the inn. At 0.7 parking spaces/unit, 29 spaces are
required for the 41 lodge units. Two spaces will be reserved for the Inn's
25
shuttle vans. The remaining 2 spaces are proposed to be reserved for the :;,- /
affordable housing units on-site.) a ~ ~ '9 u~n-$ \$ ~ ~uA'ru...
-'t4\/)\.t ~ ~RS.TO ~ lANtleR:- ~6D-
Whenever the off-street parking requirements of a proposed development
are subject to establishment and! or mitigation via a payment in lieu by
Special Review, the development application shall only be approved if the
following conditions are met:
a. In all zone districts where the off-street parking requirements are
subject to establishment and/or mitigation by Special Review, the
applicant shall demonstrate that the parking needs of the residents,
customers, guests and employees of the project have been met, taking into
account potential uses of the parcel, the projected traffic generation of the
project, the projected impacts onto the on-street parking of the
neighborhood, its proximity to mass transit routes and the downtown
area, and any special services, such as vans, provided for residents, guests
and employees.
In determining whether to accept the mitigation or whether to require
that the parking be provided on-site, the commission shall take into
consideration the practical ability of the applicant to place parking on-site,
whether the parking needs of the development have been adequately met
on-site and whether the city has plans for a parking facility which would
better meet the needs of the development and the community than would
location of the parking on-site.
The parking to be provided for the lodge itself is in conformance with the
50 -ri\€~requirements of the Code. Special Review for parking is required only to .
1t\EW IS fOe. Q ~stablish the parking to be provided for the affordable housing. The site is
~.,..o ~e located directly on the Mountain Valley bus route, which stops at the
9l\tU'{S (?) driveway to the Inn. The site is also approxirnately 600 feet from the
Hunter Creek route, which tumsonto Cooper Street at Park Avenue. The
Inn also operates a shuttle van service which is used by employees from
time to time. On-street parking is not readily available in the vicinity and
this will serve as a disincentive 'for employees to have a car, because there
will not be a convenient place to park.
b. In all zone districts, where the off-street parking requirement may be
provided via a payment in lieu, the applicant shall make a one-time only
payment to the city, in the amount of fifteen thousand dollars ($15,000.00)
per space. Approval of the payment-in-lieu shall be at the option of the
commission.
y:::
''-",,---
-it.'.O'=:::
Fc>~ /-;;,:::"{f.
;t.z. ;.;','<j,.,_
26
Parking mitigation via a payment-in-lieu is not proposed for the on-site
affordable housing.
3. Subdivision design standards (Sec. 26.64.040.E):
Under the provisions of Sec. 26.64.040.E, whenever a Special Review is for
development which does not meet the subdivision design standards of
Section 26.88.040(C)( 4), the development application shall be approved only if
~AS M<srnt~ certain conditions spelled out in that Code section have been met. However,
'Th r;;b WI1f\" the applicant is not t;>roposin2: to subdlvlde!the property and therefore the
l-r.~_ _ project is not subject to review under the provisions of Sec. 26.88, including
, the subdivision desim standards of Sec. 26.88.040(<::)(41 HcwevER, If" li\€ ~~
\b~ war M€ef 1t\B 3ffiNi)AR2; Of 2b.ae.O~o(C)lLI)~ Tfft!N ~. {,'1,{)QO(E)l /ft>oo.
Eo Procedure for Special Review approval (Sec. 26.64,050): APPLY.
A development application for Special Review shall be approved, approved with
conditions, or disapproved by the Planning and Zoning Cornmission following a
recommendation by the Planning Director at a hearing held in accordance with
the procedure established in Common Procedures, Chap. 26.52.
F. Application (Sec. 26,64.060):
The following information is required for Special Review under Sec. 26.64.060.
The development application is accompanied by a fee, as specified by the
Planning Office, for processing the application.
1. , The general application information required under See, 26.52.030,
Application and fees:
a. The applicant's name, address and telephone number, contained
within a letter signed by the applicant stating the name, address, and
telephone number of the representative authorized to act on behalf of the
applicant. '
A letter from the applicant authorizing Joseph Wells Land Planning, Inc.
to act as representative of the applicant is attached as Exhibit B.
b. The street address and legal description of the parcel on which
development is proposed to occur.
The street address of the Beaumont Inn is 1301 East Cooper Avenue. The
legal description of the parcel on which the expansion is proposed to occur
is attached to the title commitment (see Exhibit C).--.. s-l-\O\,IL.t' 136 far ot.l
Pl,Kf pp Weu-
27
c. A disclosure of ownership 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.
A title commitment prepared by Stewart Title Company is attached as
Exhibit C.
d. An 8 1/2" x 11" vicinity map locating the subject parcel within the City
of Aspen.
A vicinity map locating the subject site within the City of Aspen is
attached as Exhibit D.
e. A site improvement survey including topography and vegetation
showing the current status of the parcel certified by a registered land
t.l~ 10 ~ surveyor, licensed in the State of Colorado. (This requirement, or any part
ai If'~eo M'O thereof, may be waived by the Community Development Department if
~ pe;o ~t:> the project is determined not to warrant a survey document.)
-rtte: ,1f~ MUST A site improvement survey prepared by Schmueser Gordon Meyer,
Re:rcD ~~ ~ egistered land surveyors, locating the site within the City of Aspen is
_~,.,...~~'1 included with the architectural drawings.
_ ~6'{ MAP.
2. A sketch plan showing the configuration of the development on the lot
and those features of the site which are relevant to the Special Review
application.
The site plan and architectural drawings which illustrate the configuration of
the development on the lot and the square footage, off-street parking and, AI ()
open space of the site are included beginning on page 4. S€'t CoMjY\fjl.1S aN A\Eje .
oF- 6LU~u~ES.
3. An analysis of the characteristics of similarly situated properties in the
same zone district and of neighboring parcels with respect to whether these
properties comply with the dimensional, off-street parking or trash/utility
service area requirement which is subject to Special Review.
The Planning Office previously analyzed the characteristics of LP lodges as
part of the re-writing of LP zone requirernents. The Planning Office
concluded that 14 of the 22 LP lodges have expansion potential for additional
lodge rooms, based on the Internal FAR lirnitation at the time of 0.50:1. (The
Internal FAR limitation was subsequently increased to 0.75:1 under
Ordinance 29). This analysis apparently -did not go so far as to assess the
28
physical limitations of the LP sites to determine how rnany of the lodges can
be expanded while still complying with other Code requirements.
In the LP zone, FAR floor area is established by Special Review, as is the off-
street parking required for affordable housing. There are no dimensional
standards in these two areas which, if satisfied, permit an applicant to avoid
Special Review. The majority of the LP lodges have been in place for many
years, and very few of these lodges have undergone significant renovation.
In those cases where any off-street parking is provided, it is typically surface
parking, as structured parking would not be a viable option for these small
lodges. This situation, when coupled with relatively recent changes in the
open space definition, make it unlikely that all of these facilities currently
cornply with the open space definition. Some relief from the open space
requirement is therefore extremely important and was an important element
of the Code changes implemented by Ordinance 29.
29
,
.
IV. CONDITIONAL USE REVIEW (Chapter 26.60)
Affordable housing is a conditional use in the LP Overlay Zone District, subject to
the standards and procedures of Chapter 26.60.
A. Purpose (Sec. 26,60.010):
Conditional uses are those land uses which are generally compatible with the
other permitted uses in a zone district, but which require individual review of
their location, design, configuration, intensity and density in order to ensure the
appropriateness of the land use in the zone district.
B. Authority (Sec. 26.60.020):
The Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of Chapter 26.60, shall approve, approve with
conditions, or disapprove a development application for a conditional use, after
recommendation by the Planning Director.
C. Authorized conditional uses (Sec. 26.60.030):
Only those uses which are authorized as a conditional use for each zone district
in Chapter 26.28, may be approved as a conditional use. The designation of a land
use as a conditional use in a zone district does not constitute an authorization of
such land use or act as an assurance that such land use will be approved as a
conditional use; rather, each proposed conditional use shall be evaluated by the
commission for compliance with the standards and conditions set forth in
Chapter 26.60.
D. Standards applicable to all conditional uses (Sec. 26.60.040):
When considering a development application for a conditional use, the
cornmission shall consider whether all of the following standards are met, as
applicable:
1. The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of the
zone district in which it is proposed to be located.
The provision of on-site affordable housing for employees in scattered
locations throughout the community is a strongly supported concept of the
Community Plan.
30
.
2. 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.
The surrounding neighborhood is predorninantly residential in character,
with free-market single family housing surrounding the site except for a
deed-restricted multi-family housing project at the northwestern comer of
the site and another LP lodge to the north.
3. 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.
The affordable housing is proposed to be, located within the existing structure
and will therefore have no visual impacts. The provision of on-site housing
for ernployees is generally thought to have an overall positive effect on off-
site impacts through a reduction of work-related trips. (If the housing were
not available on-site, it is assumed that other daily trips by employees would
still occur elsewhere in the cornmunity, in addition to work-related trips.
These latter trips would be eliminated with on-site housing.)
4. There are adequate public fa.cilities 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.
Public facilities and services in the area are adequate to serve the affordable
housing. The applicant will be re~onsible for any service upgrades which are
required for the proposed expa~lOit. 5fe eX'fltb'li F, ~ ~c-ro.
5. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional use.
The conditional use in this case is affordable housing.
6. The proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this title.
The proposed affordable housing is believed to be in compliance with all
additional standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of the Code.
31
,
E. Procedure for conditional use approval (Sec. 26.60.050):
A development application for a conditional use shall be reviewed and
recommended for approval, approval with conditions, or disapproval by the
planning director, and then approved, approved with conditions, or disapproved
by the commission ata public hearing held in accordance with the procedures
established in Common Procedures, Chapter 26.52.
F. Application (See, 26.60,060):
A development application for a conditional use shall include the following:
1. The general application information required in Sec. 26.52.030:
General application information is addressed above beginning on page 27.
2. A sketch plan of the site showing existing and proposed features which are
relevant to the review of the conditional use application:
The site plan and related architectural plans illustrating the location of the
proposed affordable housing are included beginning on page 4 .
3. If the application involves development of a new structure or expansion
or exterior remodeling of an existing structure, proposed elevations of the
structure:
Architectural elevations are included with the architectural drawings.
32
.
v. EXHIBITS
A. Land Use Application
B. Owner's Letter of Authorization
C. Title Commitment, Stewart Title Company
D. Vicinity Map
E. Current and Proposed Staffing Plans
F. Engineering Report, Schmueser Gordon Meyer
G. City Council Resolution No.1, Series of 1986
H. 1987 Affordable Housing Deed Restriction
LAND USE APPLICATION FORM
EXHIBIT A
.
Project Name
Project Location
/.r~~ LotSize %/ /<fG, 5;r~
J., D ~t.ds; Uc::.- Phone # '1~ -70 $'/
/~/ ~ ~~e4a'e-J#;ze-u C&-$?6/1
J,5~), ffe/~ hq:; /nc:.-
6:72 ~/~ ~ /1'~k~
.
Phone # 11"0 - 'lU" -304'0
Cb 3/6/1
Present Zoning
, APPLICANT
Address
REPRESENTATIVE
Address
Type of Application (please check all that apply):
18 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Condominiumization 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
.@ GMQS Exemption ,\3l Special Review 0 Historic Designation
0 Lot Line Adjustment 0 Subdivision 0 Text/Map Amendment
0 Lot Split 0 Temporary Use 0 Other:
0 ESA - 8040 Greenline, Stream ~ Small Lodge Ceftversiotll
Margin, Hallam Lake Bluff, Expansion
Mountaln View Plane
Description of Existing Uses (number and type of existing structures; approximate square feet; number of
bedrooms; any previous approvals ~ted to the property): ~
7bta/ ~ 3/.efLIi . k;, e.. c.uUh- iMd 9~.f7 ,Tr "~;;JdC1C4.r.
/;" Wo s~ 'I'U AukJd;;J UlUI. Mo <Y4'4//r.ffl0> I
-n:-rlviq-.u! ~.r7 ~ uc::::.i=l"',t!hA ~ ..s;tl:--.
Description ofDevelo~ment Application: .
&>c ~5/~ ,pr ;b/~ 'e.-~/f.k ~ /1i/J7 #O/Oi~S
~fn;~ "" 6:b~Go ~ ~ ~tVe;:r.,' t8-z., ~)~ 6 .~ ta~'*'" ~
io -/u"-l ft%1na'-~ 1rt9t1~.
Have you attached the following?
· Response to Attachment 2, Minimum Submission Contents r~
· Response to Attachment 3, Specific Submission Contents 0/ e.&
· Response to Attachment 4, Review Standards for Your Application 1~
"
.
.
13dl Easl Cooper Avenue, Aspen. Colorado 81611 970 925.7081 fax 970 925.1610
, EXHIBIT B
.
~
-
7h'e B E A U M 0 N T
n n
February 1, 1997
Mr. Stan Oauson
Director of Community Development,
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Mr. Clauson:
I am writing to you on behalf of J & B Hotels, LLC, current owner of the
Beaumont Inn (formerly known as the Crestahaus Lodge) located at 1301 East
Cooper Avenue, Aspen. As you may recall, J & B Hotels, LLC previously was
awarded a lottery allocation for a ten-unit expansion of the lodge. My letter is
to confirm that J & B Hotels, LLC has authorized Joseph Wells Land Planning,
Inc. to file on our behalf the attached application for Special Review so that
we can proceed with the proposed expansion of the lodge.
During the processing of this request, please contact Joe Wells at 925-8080 if
you have any questions or need additional information.
~
800 344.3853 re,erval;on, onl,)
.
.
EXHIBIT C
A.l.TA OWNER'S POLICY. 10-17-92
POUCY OF ttrI.E INSURANCE ISSUED BY
STEW ART TITLE
GUARANTY COMPANY
SUBJECTTOTHE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
lN SCHEDULE B AND THE CONDmONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPAl'iY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage
not exceeding the Amount of Insurance Slated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein:
2. Any defect in or lien or encumbrance on the title;
3. Unmarlcetability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incuned in defense of the title, as insured, but only
to the extent provided in the Conditions and StipulatiollS.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and
duly authorized officers as of the Date of Policy shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
Countersigned:
~//l"'Jl
Auth~izea countersignature (J
STEWARTTrI'LE OF ASPEN, INC. ,
Agent ID #0601lA
EXCLUSIONS FROM COVERAGE
The following matters arc expressly excluded from. the coverage of this policy and the Company will not pay loss or damage. costs. '
attorneys' fees or expenses which arise by reason of:
1. (8) Any law, ordinance or governmental tcguJation (inc1udiItg but not limited to building and zoning Ia.ws. ordinances. or regulations)
restricting, regulating. prohibiting or relating to (i) the occupancy. use. or enjoyment of the land; (ii) the character. dimensions or location
of any improvement now or bereafter erected on th~ land; (iii) a separation in ownership or a change in the dimensions or area of the land or.
any parcel of which the land is or was a part; or (iv) environmental protection. or the effcct of any violation of these Jaws. ordinances or
go"VemmentaI regUlations. except to the extent that 8. notice of the enforcement thereof or s. notice of a defect. lien or encumbrance resulting
from a violation or alJcged violation affcc:ting the land bas been recorded in the public :cc:ords at Date of Policy.
(b) Any governmental police power notexcludcd by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect. lien or encumbrance resulting from a violation ot alleged violation affecting the land has been recorded in the public records at Date
of Poli~.
2. Rights of eminent domain unJess notice of the exercise thereof has been recorded in the public rc:cords at Date of Policy, but not
excluding from covctage any taking which has occurred prior to Date of Policy which would be binding 00 the rights or' a purchaser for value
without knowledge.
3. Defects, liens. encumbrances, adverse claims or other maaers:
(a) created, suffered. assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy. but known to the itlsured claimant atld not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy:
(c) resulting ill no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in Joss or damage which would not have been suscained if the insured claimant hud paid value for the estate or interest insured
by this policy.
4; Any claim. which arises out of me transaction vesting in the Insured the estate or interest insured by this policy .by n:~son of the operation
of federaJ bankruptcy. state insolvency, or similar creditors' rights laws; that is based on:
(a) the transa.c[ion creating the estate or interest insured by this policy being deemed a fraudulent cllfweyllnCl: 0r t't':luJulcnt transfer: or
(b) the trAnsaction creating the estate or interest insured by this policy being deemed a preferential transfer e:'(,':l.:pt where the preferential
transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of su~h recordation to impart notice to a purchaser for
value or a 'udlZment or lien creditor.
Serial No. O~9101-,,*,79S
CONDITlONS AND STIPULATIONS
.
1. \>EFINITlON OF TERMS.
- The: following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and. subicct to any rights or defenses the Company would have had against the
named insured, those who succeed to the interest afme named insured by operation of taw as distinguished from purchase including, but not
limited to, heirs. distributees. devisees, survivors. personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": . actual knowledge. not constructive knowledge or notice. which may be imputed to an insured by reason
of the public records as dcfmed in this policy or any other records which impart constructive. notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and improvements affixed thomo which by law constitute real property.
The tenn "land" docs not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title,
interest. estate or easement in abutting streets, roads, avenues, alleys, Janes, ways or waterways, but nothing herein shall modify or limit
the extent to which a right of access to and from'the land is insured by this policy.
(e) "mortgage": mortgage, deed altrost. trust deed, or other security instrument.
(f) "public records":, recorda established under state statutes at Date of Policy for the purpose of imparting constructive notice of
mailers relating to real property to pun:hasers for value and without knowledge. With respect to Section l(a) (Iv) of the Exclusions From
Coverage, "public records" shall also include environmental protection liens filed in the recorda of the clerk of the United States district
court for the district in which the land is located.
(g)"unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage,
which would entitle a pun:haser of the estate or interest described in Schedule A to be released from the obligation to pun:hase by virtue of
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURA."lCE AFTER CONVEY AI'ICE OF TITLE.
The covera.ge of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured,
or dnly so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any purehaser from the insured or either (i) an estate or interest
in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shaU notify the Company promptly in writing (I) in case of any litigation as set forth in Section 4(a) below, (11) in case
knowledge shall come to an insured hereunder of any claim oftit1e or interest which is adverse to the title to the estate or . interest, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate
or interest. as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability
of the Company shall tenninate with regard to the matter or matters for which prompt notice is required; provided, however, that fallure
to notify the Company shaU in no case prejudice the rights of any insured under this policy unless the Company shaU be prejudiced by
the failure and then only to the extent oilbe prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in Section (5 of:these Conditions and Stipulations, the
Company, at its own cost and without un(C3.sonable delay, shall provide for the defense of an insured in litigation in which any third party
asserts a claim adverse to the title or interest as insured. but only as to those stated. causes of action alleging a. defect, lien or
encumbrance or other matter insured against by this policy. The Company shall, have the right to select counsel of its choice (subject to the
right of the insured to object for re:lSonable cause) to represent the insured as to those stated causes of action and shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of
those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost. to institute and prosecute any action or proceeding or to do any other act which
in its opinion may be. necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage
to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it
shaU do so diligently,
(c) Wbenever the Company shall have brought 3.n action or interposed a defense as required or permitted by the provisions of this
pollcy, the Company may pursue any litigation to futal determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy pennits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appe:11s
therein. and permit the Company to use. at its option, the name of the insured for this purpose. \Vhenever requested by the Company, the
insured, at the Company's expense, shall give th~ Company all reasonable aid (1) in any action or proceeding, securing evidence, obtaining
witnesses. prosecuting or defending the action or proceeding, or effecting settlement. and (ii) in any other lawful acl which in the opinion
of the Company may be necessary or desirable to establish the title to the eS!3te or interest as insured. If the Company is prejudiced by the
failurl.: of the insured to furnish the requirc;:d cooperation, the Company's obligations to the insured under the policy shall tenninate,
including any liability or obligation to defend. prosecute, or continue any litigation, with regard tothe matter or matters requiring such
cooperation.
ALTA OWNER'S POUCY
, SCHEDULE A
<
Order Number: 00022907
Policy No.: 0-9701-4795
Date of Policy: June 05, 1996 at 4:10 P.M.
Amount of Insurance: $
1. Name of Insured:
J Ii B HOTELS, L.L.C., A LIMITED LIABILITY COMPANY
2. The estate or interest in the land which is covered l7y this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
J Ii B HOTELS, L.L.C., A LIMITED LIABILITY COMPANY
4. The land referred to in this policy is described as follows:
See, Attached Legal Description
SCHEDULE A
.
Order Number; 00022907
LEGAL DESCRIP110N
A parcel of land being part of the Riverside Addition to the City and Townsite
of Aspen, Colorado, said parcel is more fully described as follows:
Beginning at a point being a plastic cap on a No.5 rebar stamped L. S. 2376
whence corner 8 of the Itiverside Placer U.S.H.S. No. 3905 A.H. being a brass
cap dated 1954 bears North 85008' West 544.05 feet,
thence North 15041' West 92.08 feet;
thence North 14006'59" West 122.02 feet;
thence North 13013'32" East 40.54 teet;
thence North 78022'05" East 33.31 teet;
thence North 37034'04" East 56.45 teet
thence North 68024'15" East 27.55 teet;
thence South 50037' East 77.76 feet;
thence South 34021' East 150.08 feet;
thence 93.50 feet along a curve to the right having the radius 760.00 feet
(the chord of which bears South 24003' East 93.00 feet);
thence South 77045'50. West 235.32 feet to the point of beginning.
COUNTY OF PITKIN, STATE OF COLORADO
.
ALTA OWNER'S POUCY
SCHEDULE B
Order Number: 00022907
Policy No.: 0-9701-4795
This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses)
which arise by reason of' '
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, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished. imposed by law
and not shown by the public records.
5. Unparented mining claims; reservations or exceptions in parents, or an act authorizing the issuance thereof;
warer rights claims or title to warer.
6.
Taxes and Assessments
subsequent years and any
rolls or Pitkin County.
ror the year 1996, not
special assessments not yet
yet due and payable, and
oertiried on the tax
7. Any vein or lode or quartz or other rook in plaoe bearing gold, silver,
oinnabar, lead, tin, oopper or other valuable deposit olaimed or known to
exist on Maroh 23,1885, and right or a proprietor or a vein or lode to
extraot and remove his ore thererrom, should the same be round to penetrate
or interseot the premises, as reserved by Patent reoorded June 17, 1949 in
Book 175 at Page 246.
8.
Terms, oonditions obligations and restriotions as set rorth in Oooupanoy
Rental Deed Restrictions and Agreement reoorded Deoember 16, 1987 in Book
at Page 206 as Reoeption No. 295853.
and
553
9. Terms, oonditions, obligations and restriotions as set rorth in instruments
entitled . Oooupanoy Deed Restriotion' and Agreement/ Afrordable Dwelling
Unit.... reoorded August 3, 1992 in Book 685 at Page 208 as Reoeption No.
347308, and in Sook 685 at Page 211 as Reoeption No. 347309, and in Book 685
at Page 216 as Reoeption No. 347310.
10.
A Deed or Trust dated June 1, 1996,
the Publio Trustee or Pitkin County,
$2,800,000,00, in ravor or Aotive
oorporation, recorded June 5, 1996 as
executed by J & S HotelS, LLC, to
to seoure an indebtedness or
Mortgage Corp., a Calirornia
Reception No. 393376.
.
CONDITIONS AI"D STIPULATIONS CootiDUed
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section J of these Conditions and. Stipulauona bave been provided the Company. a proof of Iou or damage signet
and sworn to by the insured claimant shaU be furnished to the Company within 90 days after the insured claimant sba11 ascertain the, facta giving rise ~ tho Iou or dal!ll;~
The proof of loa or damage sban describe the defect in. or lien or encumbrance on the title, or other mattler insured against by this policy which coostimcca tho basis 0
losa or damage and shall state:, to the extent possible. the basi.s of calculating the, amount of the louar damage. If tho Company is prejudiced by the failure of the insurel
claimant to provide the required proof of loss or damage. the Company's obligations to Tho insured under tho policy maU tcnDinare. including any liability or obU._hal
to defend. prosecute, or continue any litigation. with regard to the maacr or maaen requiring such proof of loss or damage.
la addition. the insured claimam may reasonably be required' to $Ubmi~ to examination under oath by allY authorized representative of the Company and sbai
produce for exaniination. i~tion and copying. at such reasonable time, atld places as may be designated by any authorized representative of the Company. all records
boob. ledgers. checks. com:spoadcnce and. mcmorand.a1 whether bearing a datd before or after Date of PoJicy, which reasonably penain to the Iou or damage. FUnbCE
if requc.stcd by any authorized rcptescnt.ative of tho Company, the insured claimant shall grant its permj.saion. in writing. for any authorized representative of the Compan~
to cxamine:. inspc<:t add copy all records. books. ledgcrs. checks. cotTCspondence and memoranda in. the custody or control of a third party. which reuoaably penain tj
the loss or damage. All infomwion designated as confidential by the insured claimant provided to the: Company pursuant to this Section shall not be di$loscd to otM:r:
unless. in the reasonable judsmcnc of the Company. it is ne;essary in the administration of the claim. Failure of the insured claimant to submit for examination uadC'r oath,
produce other telllOnably requested informacion or grant permiuion to secure reasonably DCCeas&ry informatioll from third partiCl as requited in tbil pangraph shall
tenninate any liability of the Company under this policy as to that claim.
6. OmONS TO PAY OR OTHERWISE SETTLE CLAIMS; :rER.\1INATION OF LIABILITY.
In case of a claim under this policy. the Company shall have the following additional options:
(aJ T. Payor Teader Paym.... or the Amount or losunDce.
To payor tender payment of the amount of insurance under this policy to~ther with any costS, attOrneys' fees and expenses incumd by che insured claimant. which
were authorized by the Company. up to the time of payment or tender of payment and which the company is obligated to pay.
Upon the exercise by the Company of chis option. ail liability and 'obligations to the insured under this policy, ocher than to make the payment requited. sbail
terminate. including any liability or obJigation to defend. prosecute. or continue any litigation. and the policy shall be surrendered to the Company for cancellation
(b) T. Payor Otherwise SeIlIe With Parties Other than the !JISured or With the !JISured Claim.....
(i) to payor otherwise settle with other patties for or in 'the name of an insured claimant .say claim insured ~gains( under this policy. together with any costs.
aaomeys' fees and expenses incurnd by the insured claimant which were authorized by the Company up to the time of payment and wbich the Company is obligated to
pay; or
(ii) to pay or otb~r.visc settle with the insured claimant the loss or damage provided for tinder this policy, together with any costs, aaomeys' fees and expenses
inculTCd by the insured claimant whil;:h were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations CO the insured under this policy for the
claimed loss or damage, other than the payments required CO be made. shaU terminate. including any liability or obligation CO defend. prosecute or continue any litigation.
7. DETER.\1INATION. EXTE1'IT OF LIABILITY AND COINSlJRANCE.
This policy is a cotUtact of indemnity against actual monetary loss or damage sustained or incurred by the insu~d claimant who has suffered loss or damage by reason
of matters iosuRd against by this policy and only to the extent herein d~scribed.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insun.nce stated in Schedule A: or,
Gi) the difference betWeen the value of the insured estate or interest 3S insured and the value. of the insured estate or interest subject to the defect. 'lien or encum-
brance insured against by IJtis policy.
(b) In the event the Amount of !nsiIrance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or intetcst or the full
c:onsideration paid for the land, whichever. is l~ss. or if subsequ~nt to the. Date of Policy an improvement is ~rected on the land which in~reases the value of theinsurcd
estate or inceresc by at least 20 percent over the AmOllnt of Insurance stated in Scb~dufe A. then this Policy is subject CO the following:
(i) where no subsequent improvement has been made. as to any partial Iou. the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Dace of Policy bears to the total vaJueof the insured ~sta.tc or interest at Date of Policy; or
(Ii) where a subsequent improvement has been IlUIde, as to any partial loss. the Company shall only pay the loss pro rata in the proportion that 120 percent ofth~
Amount of Insurance ~ted in Schedule A bears to the sum of the Amount of Insurance stated in Sc:hedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs. attorneys' fees and expenses for Which the Company is liable under this policy, and shan only apply to thaI
portion of any loss which exceeds. in the aggregate. 10 percent ofche Amount oflnsurance stated in S..:hedule A.
(c:) The C<.>mpany will pay onJy thos<: costs. attorneys' fecs .tnd expcftS(ts incurred in al;:cordanc;c with Se..:tion' 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the l.1nd described in S..:bedule A ..:onsists. of two or more parc~ls whi..:b are not u&:d all a .single site. and a loss is ~stablished affecting one or mol'!: of the parcels
but not all. the loss sball be comput~J: and settled on a pro rata basis as if th~ amoun~ of insurance under this policy was divided pro rata 3.S tQ the valu~ on Date of Policy
of each separate parcel to the whol~. e:,<clusive of any improvements made subsequent to Date of Policy. ,unlesS a liability or value has otherwise bee,n agreed upon as h)
uch parcel by the Company and the insured:lt the time afthe issuance of this policy and shown by 3n express statement or by an endorsement attached to !hi:! policy.
(cootinued and coocludt.'d ou last page of this policy)
(ALTA Owner's Policy)
9. LL\1lT,\TlON OF LIABILITY.
(a) If rh..: Company establishes the tide. or removes the alleged dcfec:t.. lien or encumbrance. or cures the lack of a right of ac;::cC35 to or from the land, or cures tb4
claim of unmarketabilityof tide. all as insured. in a reasonably diligent manner by any mcthod. including litigation ami the completion of any appeals therefrom. it wi:
have tUlly perfonncd its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the ~vent of any litipuon. ~luding litigation by the Company or with the Company's coftSCDtt the Company :thall have no liability for Iou or damage uDtii
there has been. final determination by a court of compe=rt jurisdiction. and disposition of all appeals therefrom. adverse to the title as insured.
(c) The Company shall not be liabrc for lolS or damage to Iny insured for Uability voluntarily assumed by the insured in sealing any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INStlRA1'lCE; REDUCTION OR TERMINATION OF LLUlILITY.
All payments under thill policy, ex,ept payments made for CO~ attotn~ys' fees.net expenses,.shaIl reduce the amount oitho insurance pro tanto.
11. LLUlILITY NONCtJMULA TIVE.
It is expr.:::my understood that the amount of insurance under this policy shall be reduced by any amoum the Company may pay under any policy insuring a mortgage
to which exception is taken in Schedule B or to which the insUred has agreed. assumed. or taken subject, or which is hereafter ex~uted by aa insured. and which is a
charge: or lien OD Ihe estate or interest described or referred to in ~hedule A. /U'ld the amount so paid shan be deemed a payment under this policy to. the insured owner,
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for cndot$Ctncnt of the payment unless the policy bas been lost or desuoycd, in which caso proof of loss
or desuucuon shall be furnished to die satisfaction of the Company.
(b) When liability and tho extent of 10.. or damage haa bceA definitely fixed in accordance with these ConditioDl and Stipulations. the lOll or damage sba11 be payable
within 30 days thereafter.
13. StlBROGATlON UPON PAYMENT OR SETTLE.~"IT.
(aJ The Company', Right of Subrogatioa.
Wheaever the Coatpany shall bave settled and paid a claim under this policy. all right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in
resp~t to the claim had this policy not been issued. If requested by the COmplUlY, the insured claimant shan transfer 10 the Company all rights and remedies against any
person or property necessary io order to perfect this right of subrogation. The insured claimant shall permit the Company 10 sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies.
If a payment on aCcount of a claim d~ not tully cover the loss of the insured claima~ the Company shall be subrogated to these rights and remedies in thl:
proportion which the Company's payment bears to the whole amount of the loss.
Ifloss should result from any act of the insured claimant. as stated above, . that act shall not void this policy, but the Company, in that cvent~.shall be required to pay
oaly that part of any losses insured against by this policy which shall exceed the amoun~ if any, lost to the Company by reason of the impainncnt by the insured claimant
of the Company's right of subrogatioo.
(b) The Company', Rights Allaiast Noa-iasured Obligo....
The Company's right of subrogation against non-irisurcd obligors shall exist and shail include, without limitation. the rights of the insured to indemnities, guaranties.
other policies of insuran~e or boads, notWith$W1ding any tenns or conditiodS conlAi.ned in those in5truments which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may demand arbitration punuant to tho ntle Insurance Arbitration Rules of the American
Arbitration Association. Arbitrable mantrs may include. but are not limited to, any conuoversy or claim between tbc Company and the insured arising out of or relating
to this policy. any service of the Company in cOl1DCction with its issuance or the breach of a policy provision or other obl;igation. All arbitrable matters when the Amount
of Insurance is SI,OOO.ooo or less shall be arbitrated at the option of either the Campanyor the insured. All arbitrable matters when the Amount of In.surancc is in excess
of Sl,ooo,ooo shaJl be arbitrated only when agreed to by both the Company and the insUred. Arbitration pursuant to this poliey and under the Rule:s in cffec:t on the date
the demand for arbitration is made or. at the option of the insured.. the Ru.lesin effect at Date of Polic::y shaJl be binding upon the patties. The award may include
attorneys' fees only if the laws of the state in which the land is' located permit a (;ourt to award attorneys' f~s to a prevailing pany. Judgment upon the award rendered
by the Arl:titrator(s) may be entered in40Y court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance A.rbitratlon Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LOOTED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) Thia policy together with all endorsements, jf any, attac::hed hereto by the Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this poli~y shall be construed as a whole.
(b) Any claim of 10:15 or !1amage. whether or not based on negligence. and which arises out of the slAtus of me title to the estate or intl5rest covered hereby or by any
action assening such claim, shal! be restric~d to this policy.
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice
President. the Secretary, an Assisl.ll:nt Secretary. or validating offic:er or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under spplicable law. the policy shan be deemed not to include that provision IInd aU other
provisions shaU remain in full force and effect.
11. :>iOTICES. WHERE SE.'iT.
All noticl:s requin:d to be given the Company and any statement in writing required to be furnished the Company shaH include tho: number of this policy and shall
be addressed to tho: C0mpany at P.O. Box 2029. Houston; T.:xas 772S2~2029.
STEWART TITLE
GUARANTY COMPANY
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ENGINEERS
SURVEYORS
EXHIBIT F
(970) 925-6727
FAX (970) 925-4157
SG
M
SCHAfUES/!R
GORDON MeYER
P,O. Box 2155
Aspen, CO 81612
.
,
February 24, 1997
Mr. Joe Wells
JOSEPH WELLS LAND PLANNING
602 Midland Park Place
Aspen, CO. 81611
RE: Crestahaus Lodae Expansion Proiect. Special Review. Enaineerina Report
Dear Joe:
This letter comprises an Engineering Report for relevant aspects of the proposed expansion and
renovation of The Crestahaus Lodge (Beaumont Inn) property at 1301 East Cooper Avenue in
Aspen, Colorado. My comments are based on our discussions of the project, contact with
representatives of the primary utilities, site visits and record research regarding previous utility
service and site design. I have endeavored to present my comments in response to the
engineering-related provisions of City of Aspen Municipal Code including Section 26.64.040
Review standards for special review.
Introduction
The Crestahaus Lodge property is located at 1301 East Cooper Avenue (East Colorado State
Highway No. 82) at the crest of the hill east of Midland Avenue in Aspen, Colorado. The site
currently includes 31 lodge units, a dining area, kitchen and two lounge areas. The site also
includes affordable housing in two detached structures. The property owners, J & B Hotels, LLC,
have received a lodge unit allocation of ten additional units under the lottery program established
this year for LP lodges. This report focuses on the infrastructure, traffic and drainage
requirements of the proposed lodge expansion.
,
Utility service will be predominantly from the Cooper Avenue I East Highway 82 frontage or
adjacent iJtility easements, where most utilities are currently under ground. Vehicular access will
be from Cooper Avenue as well, at the current entry location. I have spoken with representatives
of all the primary utilities and inspected the site with regard to the availability of all secondary
utilities. I would offer the following comments based on the proposed renovation and expansion;
1. Water Service Phil Overeynder, the Director of the City of Aspen Water Department, and
department staff indicate that a 1 Yo inch water service to the existing structure is in place from the
existing 8 inch diameter ductile iron water main in Riverside Drive along the south edge of
Highway 82 to the site. The Water Department notes that the service from Riverside Drive is an
older service and likely not adequate for serving the additional units and meeting the
requirements of current City regulations regarding fire sprinkler protection. (Jeff Stafford, the
Manager of the Beaumont Inn, indicates that the existing lodge is sprinklered for fire protection
at this time, so it is possible that the existing service will prove adequate.) If a new service in a
118 West 6th, Suite 200 . Glenwood Springs, Colorado' (970) 945-1004
.
February 24, 1997
Mr. Joe Wells
Page 2
larger diameter is required, the City Water Department recommends connecting a short, 6 inch
diameter ductile iron extension from the existing 8 inch diameter cast iron line in the north side
of Cooper Avenue across Highway 82 to the site. This would permit the installation of a fire
hydrant at the entry to the site and would permit a new service tap in closer proximity to the new
structure. Tying into the 8 inch line and routing around the adjacent 14 inch transmission main
is the only apparent physical constraint with regard to providing service to the renovation and
expansion of the Crestahaus Lodge. Connection of a new service would also require
abandoning the old service tap at the main. Static pressures in the area should be in the range
of 70 psi and the City has sufficient capacity to serve the proposed units.
Based on the assumption that the existing structures including the expansion in 1987 are current
in terms of tap fees and without the benefit of the City's previous calculations for the lodge, I
would anticipate that the Crestahaus renovation and expansion would be subject to only the tap
fees associated with a net increase in fixture counts and occupancy. ECU value will be increased
by approximately 5.5 for the additional lodge units alone and would also be assessed for any
additional water fixtures associated with accessory facilities.
There is an existing fire hydrant on the northwest corner of Aene Park and Cooper Avenue
approximately 120 feet north of the Crestahaus property. Installation of a new fire hydrant on a
short main extension for service would provide for additional fire protection at the property
entrance.
2. Sewer Service Tom Bracewell, System Superintendent of the Aspen Consolidated
Sanitation District (ACSD), indicates that seWer service is in place fo~ the Crestahaus Lodge
property to a 10 inch diameter vitrified clay pipe (VCP) collection line in Cooper Avenue I East
Highway 82. No significant constraints exist and the,ACSD has sufficient collection and treatment
capacity to serve the additional lodge units. ACSD records indicate that the structures have an
existing 6 inch diameter cast iron service tap to the main in Cooper Avenue. Based on some of
the ACSD documentation for the current tap, 20 additional lodge rooms were connected to the
6 inch tap serving the existing lodge in 1987 and service for three employee units was also
connected through the same tap in 1992. The modular home on the south side of the site has
its own tap out to the highway connected in 1973 (demolition of this building would again require
abandoning the existing tap).
I would anticipate that the Equivalent Residential Units (EQRs) associated with the property will
be increased approximately 2.5 EQR for 10 one bedroom one bath lodge units (plus any
accessory space fixtures). Tap fees for additional service in this area are also subject to a tap
" fee surcharge for anticipated improvements to the Galena Street collector line.
Tom noted that, provided that the existing service has been working adequately (the ACSD does
not take maintenance responsibility for service lines), it is anticipated that the 10 additional lodge
units and accessory space would be served by the service that is currently in place.
SCHMUESER GORDON MEYER, INC.
February 24, 1997
Mr. Joe Wells
Page 3
3. Electric Service Jeff Franke of Holy Cross Electric Association, Inc. (HCEA) , the
cooperative that provides electric service to areas around the Aspen Townsite, indicates that
underground single phase service is in place for the Crestahaus from an existing transformer just
over the southwest property line. Significant load increases or three-phase service (for large pool
or jacuzzi pumps. for instance) would require a new service to the transformer and possible
replacement of the transformer by HCEA. Holy Cross will need to get specific load information
from the Mechanical system designer for the renovation and expansion to address this issue
specifically. Otherwise Jeff expressed no concerns regarding Holy Cross's ability to serve the
. Crestahaus project.
4. Miscellaneous Utilities Phone service is currently routed with the buried electric service
from the southwest property line. Cable TV is on an overhead service across Cooper Avenue
I East Highway 82 from a pole on the northeast corner of Aene Park. Gas service is from the
Cooper / 82 corridor as well. All of the miscellaneous utilities are in place to provide service to
the expansion and most are likely sized adequately at this time.
5. DrainaQe The renovation and expansion of the Crestahaus Lodge on the 1301 Cooper
Avenue site will result in additional drainage impacts due to increased roof and impervious site
area. Site design for most of the current buildings dated March 1987 Includes two substantial
drywell / catch basin structures to capture runoff within the site. The currently proposed site plan
for the 10-unit addition will require the removal and replacement of one of the existing drywells
(we're suggesting with a larger drywell). A preliminary re-calculation of the detention
requirements for the proposed site design under current City of Aspen regulations indicates that
at least one additional drywell will be adequate to maintain historic conditions. Our preliminary
drainage plan indicates a new inleVdrywell in the entry court area and a new drywell northwest
of the building expansion. The project should have no additional off-site drainage impact. Any
site and grading revisions should maintain positive drainage away from structures and
incorporate appropriate area drains on any exterior, below-grade space or flat roof areas routed
to the drywells. '
This project will not create additional impacts to the City of Aspen's storm drainage system nor
will it require improvements or expansion of the system.
'6. Access and ParkinQ Access for the proposed renovation and expansion of the
Crestahaus Lodge remains near the southeast end of the Cooper Avenue I East Highway 82
frontage. Cooper Avenue I East Highway 82 is currently a paved arterial street in good condition
with a pavement width of about 33 feet. The access intersection has good sight distance in an
easterly direction but is constrained to about 180 feet to the west due to the retaining walls and
hill. Recommended sight distances for the posted 25 mph speed limit in town would be in the
range of 250 feet. The entry is, nonetheless, located as far east as is feasible within the site.
The renovation and expansion proposal will incorporate 33 on-site parking spaces within the site
design for the proposed total of 41 lodge rooms, 8 studio affordable housing units and 1 one-
SCHMUESER GORDON MEYER, INC.
.
. .
February 24, 1997
Mr. Joe Wells
Page 4
bedroom resident-occupied unit., This would permit 0.7 spaces per unit for all the lodge rooms
(29 spaces), two spaces for the shuttle vans arid two spaces for office or affordable housing use.
Less than one parking space per bedroom for affordable housing can be established by Special
Review. Since the site is fronted by the major buS routes on Cooper Avenue and close generally
to City Market and downtown, reduced parking for the affordable housing units should not
represent a problem for the renovation use.
Using the trip generation figures from the Institute of Transportation Engineers as referenced in
Pitkin County's Road Management and Maintenance Plan adopted in 1995, 10 additional
hotel/lodge units at 8.70 vehicle trips per day represents 87 additional vehicles per day impacting
adjacent streets. Once again, proximity to town and available transportation options including
on-site van service should serve to reduce vehicular use, even by the lodge units, substantially.
Thank you for the opportunity of working on the Crestahaus Lodge renovation and expansion
project. Please feel free to contact me directly if I may provide additional comment or detail
regarding this report.
Very Truly Yours,
SCHMUESER GORDON MEYER INC.
'~)(ffi~
'-
ay . Hammond,P.E.
Principal; Aspen Office
JHlJh 96114ER
SCHMUESER GORDON MEYER, INC.
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EXHIBIT H
CCCCPANCY i\:;r.;'
\.'~
",'corded at < '.; o'clockLM / ,1 /fo (
".:entian No ,~1..,", { ,
SILVIA DAVIS PITKIN COUNTY RECORDER Em! 55:3 Il'.G: 2f!6:
Rf/(fAL lJc.LlJ f..F.S'l"RICHON AJ;lJ AliREE/'IWT
nlls OCCI'?AI'CY AND RENTAL DEED RESTRICTION AND AGRF.E-
KENT (A~reement' is n~ce ar.c ~nterpd into December 4, 1987.
by and betwef'r CFf.S7i.lIAUS LODGE, INC. COomer), and the
ASPEN/PI'l'KIN l:Ol!N'fY HOI1SING AIITHOMITY CAuthority', It houdnl
aut.hurity creat,~d and organiLed pursuant to f 29.4-201, ~t
,seq.. C.R.S,. f 29-4-501, et ~.. C.R.S.. f 29-1-101. it
~~q., C.I..S.; .;.r.d an intergovermrer:tal agreement between the
ty of Aspe.. and Pitkin County, Colorado.
W_I_T_N_E_S_S_E_T_H_,
WHEREAS. OWner owns employee unit. CUnits) in the
Crestahaus Locige. 1301 East Highway 82, Aspen. Colorado.
which Units, are more porticularly described a. follows.
The dormitory housing unit occ~pying approximately
625 .quare feet in an L-sh~ped configuration along the nort~
and ea3t walls of the second floor of the main 10dge build-
ing of the Crestahaus Lodge 4S shown o~ Exhibit A attached
hereto and located on the lat.d d"5cdbed on Exhibit B
attached hereto.
WHE&EAS, pursuant to the City of Aspen City Council
Resolution No. 1-86, Owner is required to impose certain
covenants on the Uni ts which will restrict the use' and
occupancy of the l:nits to lower-income workers and their
familiea who f;.ll within the low-income rental guidelines
es~ablished and indexed annually by the Au~hority. except
that employees of OWner shall be allowed to live in the
Units even if their incomes ~xceed the low-income guiJe-
lines. ~n order to accomplish the foregoing objectives.
~er desi~~s rc er.t€r into this Agreement with the Authori-
ty on" thp terms set forth herein.
NOW. THEREfORE. in conoideration of ten dollars
($10.00) and other gocd and valuable consideration. paid by
the ~'lthority to the Owner, the receipt and sufficiency of
whicL are hereby acknowledged. it is agreed by the parties
hereto as follows.
1. Rental Reqtric~ions. The parties hereto
~cknowledge tha~er'".ii noc occupy or utilize the Unita
a~ its residence; inst~ad. O~er has constructed the Units
fo~ purpoaes of leasing the ~nits to persons ~ployed in
Pit;,in County as employee. of OWner or who faU vithin the
Auth'1rity' 8 low-income rental guidelines 38 the soIime are
publi.'"Ih@~ from time to ,:in'~. In ~:le "Vll!.,t "~IP "jnlls are"
occnpi.'d by p <~.on' other than c.,pJ o/eu of Ilwner, OWner
shall l,,<>ase the Cnits pl~rpuant to the aforetr.entioned (uidt:-
lines at the r~nt.r pdoe. per square foot established by
such guidelines. In this r('gard, no le:ue agreement
"
9 ,
l'll'<< 55:J r.....2U7
executed for occ'.J:Janc'l 01 the Units sh.'tll prC'vidr: for oW
pric.1ry term of l.H"! r::!'-ar. ,,1x ..:onaecut1ve r!If""ths. (Nner
ahal: furni.h the At.thc.l.ty with a copy of any 1..... egn.-
lII~nt eover1.ng the :nit...;.
2. Use and Ccc:tlpaI1Cv. The OWner hereby ('oYe-
nants that the Unlt~ shall remaIn r@ntal units and shall not
be condominiumized. Use ani occupancy of the Unit. .hall be
limired to housinil tor qua.tiffed employe..s in accordance
with th. law-income re,tal guid~lines established by the
Authority or a sUcces~')r tht!reto. except that employees of
u...,.r shall be all",..,o to Lve in the Units even if th.ir
ineom.: exceed the lo~-incom. rental guidelines. The Owner
of th.. u..! ts sh.ll h~v. the right to 1.... the Units to
qualifi.d em;:loyee. of its own s.lecti"n. "Qualifi.d
employee" as us.:d here in sh.ll mean any person eurrently
residing in and er.oloyed in th. City of Asp.n or Pitkin
County fC'r a minitmJtl: averagf- of 30 hC'urs per week nine
months out of any lZ-mollth plriod who shall meet low-income
and occ\:pancy-eli.i;ibilitv r.oqui.rernents established .!.nd
appli.d by the Authority with r~'pect to ~ployee housing or
are t!mplo}ed by Owr~r.
3. EtJ-. ya:.nt Ve ,ificdion. Verificati on cf
employment "f pe.:-. ,ns lIVIng Ln the Units shall be completed
aDd filed with t.te Au~hority b! OWner pdor to occupancy
thereof and ...,.t r., ac"epuHe to the Authority. If the
Owne. does not rent the Unitr to its own employees or other
qualified employees. th. Uni:s shall b~ made available for
occupancy in accordance wit:, the Authority guidelines.
provided the OWner sha Il ha"e the 'ight to approve any
prospective t.nant. which apl roval shall not I" unreasonably
delayed or withheld.
~. Lease. ~~en a lease is signed with a tenant,
a copy shall he-.ent to the A~thority so that a current file
oay be maintained on each un1t.
5. OWner further covenants that th. previously
existing manager's apartMent .'n the first floor of the main
lodge of tire Crestahaus. the '_"~_Itior. of which is ahovn on
Exhibit C. shall remain 1ft emi'loyee unit exclusively for
occupancy by employees of the Crestahaus and their families.
6. Violationa of R.nt"l or Re_ale Restrcctions.
In the eVEnt tne Units are leasee wl~hout compliance witb
this Agreem.nt, .uch tranaaction shall be null and void and
shall confer no inter~at whatsoever on the intended lessee.
Each and every lease of the Units ahall be d~emed to includ.
and incorporate by this referencp. even 't!ithout reference
hereto. the ccvenants h~rein contained.
7. Inspections. In the event the Authority has
reasona.ble caU3e to believe the owner is violating the
D6/Q7
-2-
'"
~ .
ep 55:3 F:.&E2US
rrovislons of this A~r.Er.lent, the Authority, by its au-
:horized rerre.entativ". may'ir"l'ect the Unus between 8,00
,a... and 5:00 p.m. Mend"y thruugh Friday aftet providing the
Owner with no less ,han Z. hou~s' prior written notice.
8. Discla ir.lers. Nething herein shall be con-
strued to require :he Authori ty to inden:ntfy the Owner
against any losses attributable to the rental including (not
by way of limitationl nonpayment of rent or damage to the
premiaes or to require the Authority to obtain a qunlified
tenant for the Owner in the event none is found b', the
Owner.
9. Not;~. Any notice which i. required to be
gi~en under thrs-Agreement shall be given by mailing such
,"otice by certified mail to the following addresses, which
I,.y be changed by written notice to the other party.
To Owner:
Crestahaus Lodge, Inc.
c/o Michigan Avenue Management Company
Suite 101, 910 South Michigan Avenue
Chicago, Illinois 60605
To Authority,
Aspen/Pitkin Coenty Housing Authority
530 East Main Street
Aspen, Colorado 81611
10. Covenants Runnin~ with Land. The provisions
of this Agreement shall be cover ants running with the land
and shall be a burden thereto for the benefit of and shall
be speclfically enforceable by the Authority or the City of
Aspen or their designees by any appropriate legal action
including injunction, abatement or eviction of noncomplying
tenancs. The covenants contained in this Agreement shall be
deemed to be in force and effect during the life of the last
survivinR member of the presently existing City Council of
the City of Aspen, Colorado. plua 21 yeara or for a period
of 50 years from the date of recording hereof in the Pitkin
Courty real property records, whichever period ahall be
greater.
11. Breach; Remedies. There is hereby reserved
to the parties hereto any and all remedies provided by law
f~r breach of this Agree~ent or any of its terms.
OfJi07
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ClDl 55:J 1.l:l209
IN WITNESS IOHEP.!:CF. the partie. hereto have executed
this instrument vn tl.< Ilay and yesr .,bove first written.
OWNER:
CRFSTAllAUS LODGE. INC.
O:u,JAItirlrn'JAI:. I're.LIl....e
STATE OF ILLINOIS
COUNTY OF
)
) ss.
)
.......;.
The foregoing in.trUment wa. acknowledged before me
December ____, 1987, by LEONARD KOVAL.
My commi.sion expire.
Wienes. my hand and official .eal.
Noeary l'ubl1c
ACCEPTANCE 8Y HUUSUlG AUTHORITY
The foregoing grant and it. terms are accepted by ehe
Authority.
THE ASPEN/PITKiN COUNTY HOUSING AUTIIORITY
By
Title
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D6/07
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WlIl 55:J .~21 0
Iii WITNESS WIIERf;OF. ch. pcU... h.reco hav" ..""cut"d
this instrument on the day .IId year above Cint ..rHten.
.
OWNER: /J
CRES..jt"IlS LPJX;E
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/.. "'1;/"1,
,/ A
"cLno "tlC -
STATE 0.. RLINOIS )
) as.
COUNTY OF ?,n'IN )
the foregoing instrument was acknowledged befo~.,me
December "'1"- 1987. by LEOIlARD KOVAL. ' ..' .....
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Ify cOllllliuion .,,,pires Q '" 11 - .... I ' . , ,.....
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Witness .my ~a.nd and Q!!icial seal. :I~;'; " I ~ :
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ACCEPTANCE BY HOUSING AUTHORITY
the foregoing grant and its terms are accepted by t~e
Authority.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By
Title
D6/G 7
-4-