HomeMy WebLinkAboutcoa.lu.ca.Aspen Mountain pud code amend A084-00
CASE NUMBER
PARCEL ill #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNERtAPPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
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DATE CLOSED
BY
A084-00
2737-782-85005/003
Aspen Mountain Subdivision/PUD Code Amendments
Aspen Mountain PUD
Chris Bendon
Code Amendments
Savanah Limited Partnership
Sunny Vann
8/25/00
Ord.41-2000
12/19/00
Chris Bendon
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'MEMORANDUM
TO:
Mayor and City Council
RE:
Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director ~
Joyce Ohlson, Deputy Director T" ,
Chris Bendon, Senior Planner &\Nl
Aspen Mountain PUD Code Amendments
2nd Reading ofOrdinauce No. 41, Series of2000
LTR Zone District
GMQS Residential Reconstruction Credit Conversion
THRU:
FROM:
DATE:
September 25; 2000
SUMMARY:
Conceptual Planned Unit Development approvals were granted for Aspen Mountain
PUD/Subdivision Lot #3 and #5 pursuant to City Council Resolutions 99-93 and 99-
111, attached. Both of these conceptual approvals included conditions that the
developer work with the Community Development Director in processing Land Use
Code text amendments in order to facilitate the development considered in the
conceptual approvals.. There are two proposed amendments, described under the
heading "Amendments.."
The Planning and Zoning Commission reviewed these amendments as proposed and
recommended approval by a six to one (6-1) vote.
The Commission, however, questioned the benefit of still requiring the Aspen
Mountain PUD to compete in GMQS for the necessary allotments after converting the
residential allotments, The Commission felt that the "conversion" should allow the
existing residential allotments to suffice as the necessary lodge allotments to
accommodate the planned 150 unit hotel without the additional "hoops" of a scoring
procedure. To this end, a second motion was made and unanimously approved
recommending City Council allow the existing reconstruction credits to be converted
to accommodate the 150 unit hotel.
The Commission's suggestion would affect the rate stated in the proposed Ordinance,
increasing that rate from 2 to 2.95 lodge units per residential credit. Staff has
provided additional analysis of this suggestion under the heading "Amendments."
Staff recommends City Council adopt Ordinance No. 41, Series of 2000.
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,.. AMENDMENTS:
LTR Zone District.
Single-family homes in this zone district are described as an allowed use on lots of
6,000 square feet or less. The minimum dimension for a single-family lot is 6,000
square feet. In combination, this allows for single-family home to be built only on
lots of exactly 6,000 square feet.
The PUD process allows for the establishment of dimensional requirements but does
not allow for variation in use. This amendment would places both of these limitations
in the dimensional section and allows a PUD development review to dictate lot sizes.
Residential Reconstruction Conversion Credit.
The Conceptual PUD approval granted to Savannah Limited Partnership contemplates
the development of a 150 unit hotel to replace the existing Grand Aspen Hotel rather
than residences. The applicant maintains 47 residential reconstruction rights, 34 of
which are intended for the Grand Aspen site. The applicant has also maintained 50
lodge allotments. In order to facilitate the development of a 150 unit lodge, the
conceptual approval contemplated the "conversion" of residential credits to lodge
credits at the rate of 2 lodge units per each residential credit. Combining the 50 lodge
allotments and 68 (34 x 2) converted allotments, the applicant would need to compete
for approximately 32 lodge allotments for the proposed 150 unit hotel.
The Planning and Zoning Commission passed a follow-up recommendation that the
existing residential credits held by Savannah be considered sufficient for a 150 unit
hotel. This suggestion represents increasing the conversion rate from 2 to 2,95 lodge
units per residential credit.
Procedurally, this increased conversion rate would eliminate Savannah's need to
"compete" through the GMQS process. Such an increase in the conversion rate does
not reduce any of the substantive review authorities of the City. The GMQS
exemption, rather than the competition, would still allow the City flexibility in
requiring employee mitigation. The PUD criteria would still allow the City to discuss
heights, building mass, FAR, parking, circulation, number of rooms, architectural
style, and compliance with the AACP,
The increased conversion rate would place the authority of approving or denying a
150 unit lodge project entirely with the City Council, as opposed to the Growth
Management Commission. This higher conversion rate would eliminate Pitkin
County Planning and Zoning Commission's formal review authority as half of the
Growth Management Commission. However, Pitkin County Community
Development Department does not foresee the GMC review of this project as
substantially beneficial to Pitkin County. They believe their primary concerns have
been addressed by the provision of 100% employee mitigation and provision of the
employee units within the Urban Growth Boundary.
Lastly, the conversion rate would have an effect upon the number of Lodge
allocations remaining in the "bucket" for other projects. Requiring Savannah to
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compete for alkltments would-result in fewer units availa'ble for other potential
projects, whereas providing a higher conversion rate would leave 32 more allotments
available.
There are no existing conversion rates in either the City Land Use Code or set forth
by similar communities that could be used as a reference. Certainly there is merit in
the agreed upon conversion rate of two lodge units per residential unit. It is
reasonable, however, to assume a residential development could have substantial
growth and employee generation impacts, possibly equivalent to three lodge rooms
per residential unit. Staff believes either of the two rates are reasonable and can be
supported.
ApPLICANT:
Savannah Limited Partnership. Represented by Sunny Vann and John Sarpa.
PREVIOUS ACTION:
City Council has not previously considered this text amendment application. Lots 3
and 5 were granted Conceptual PUD approval pursuant to City Council Resolutions
99-93 and 99-111, respectively. The text amendments were contemplated in the
conceptual approvals, attached as Exhibit "B."
REVIEW PROCEDURE:
Text Amendment. City Council shall, by Ordinance, approve or deny the application
for amending the text of the Land Use Code at a public hearing after considering a
recommendation from the Community Development Director and the Planning and
Zoning Commission made during a public hearing.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The AMPUD
Conceptual approval resolutions have been included as Exhibit "B." The application
has been included as Exhibit "C,"
RECOMMENDA nON:
Staff recommends City Council adopt Ordinance No. 41, Series of2000.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to adopt Ordinance No, 41, Series of2000."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Resos. 99-93 and 99-111
Exhibit C -- Development Application
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ORDINANCE NO. 41
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN,
COLORADO, TO AMEND SECTION 26.710.190, THE LODGE TOURIST
RESIDENTIAL (LTR) ZONE DISTRICT, AND SECTION 26.470.070,
EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM, OF
THE LAND USE CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Savannah Limited Partnership to amend the text of the Land Use Code as
contemplated in the Conceptual Planned Unit Development approvals granted pursuant to
City Council resolutions 99-93 and 99- I I I; and,
WHEREAS, the proposed amendments relate to the use and dimensional
provisions of the Lodge Tourist Residential (L TR) Zone District and would add a
conversion process for residential reconstruction credits in the Growth Management
Quota System exemption, both as further described herein; and,
WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department, a recommendation
from the Planning and Zoning Commission made during a duly notice public hearing, and
the comments made by the general public, the City Council may approve, approve v.ith
conditions, or deny an application for amending the text of the Land Use Code based on
the criteria that are set forth in said Section; and,
WHEREAS, the Community Development Director reviewed the proposed text
amendments, as described herein, and recommended approval; and,
WHEREAS, during a regular meeting on August 15,2000, the Planning and
Zoning Commission, by a six to one (6-1) vote, recommended City Council amend the
text of the Land Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the proposed
text amendments under the applicable provisions of the Municipal Code, as identified in
Section 26.310, has reviewed and considered the recommendations made by the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed Land Use Code text
amendments meet or exceed all applicable review standards and that the approval of the text
amendments is consistent with the goals and elements of the Aspen Area Community Plan;
and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 41, Series of 2000
Page I
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Section 1:
Section 26.71 0.190(B), which section defines the permitted land uses allowed in the
Lodge Tourist Residential (L TR) Zone District, is hereby amended to read as follows:
B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist
Residential (L/TR) zone district:
I. Lodge units;
2. Boardinghouse;
3. Hotel;
4. Multi-family dwellings;
5. Detached residential or duplex dwellings;
6. Dining rooms, customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodge
units, boardinghouses, hotels and dwelling units;
7. Accessory residential dwellings restricted to affordable housing
guidelines; and
8. Accessory buildings and uses.
Section 2:
Section 26.710.190(D), which section defines the dimensional requirements for structures
in the Lodge Tourist Residential (L TR) Zone District, is hereby amended to read as
follows:
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Lodge/Tourist Residential (L/TR) zone
district:
I. Minimum lot size (square feet): 6,000.
2. Maximum lot size (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 6,000.
3. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000.
c. Multi-family dwellings: One (I) bedroom per one thousand (1,000)
square feet of lot area, provided that a studio shall be considered a
one (I) bedroom unit.
d. Lodge units: No requirement. Whenever kitchen facilities are
installed in a lodge in the Lodge/Tourist Residential (L/TR) zone
district, such unit shall be deemed a multi-family unit and the
lodge shall be required to satisfy the minimum lot area
Ordinance No. 41, Series of 2000
Page 2
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requirements for a multi-family dwelling unit as provided in this
Title.
e. Multi-family dwellings on a lot of 27,000 square feet or less, when
at least fifty percent (50%) of the units built on-site are restricted as
affordable housing:
Studio: 500.
I bedroom: 600.
2 bedroom: 1,000,
3 bedroom: 1,500.
3+ bedrooms: One (I) bedroom per 500 square feet ofIot area.
f, Multi-family dwellings on a lot of 27,000 square feet or less, when
one hundred percent (100%) of the units built on-site are restricted
as affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (I) bedroom per 400 square feet ofIot area.
4. Minimum lot width (jeet): 60.
5. Minimum front yard setback (jeet): 10.
6. Minimum side yard setback (jeet): 5.
7. Minimum rear yard setback (jeet): 10.
8. Maximum height (jeet): 28.
9. Minimum distance between principal and accessory buildings (jeet): 10.
10. Percent of open space requiredfor building site: 25.
I I. External floor area ratio (applies to conforming and nonconforming lots
of record): For detached residential dwellings and duplexes the external
floor area shall be the same as in the R6 zone district. All other uses: I: I.
12. Internalfloor area ratio:
a. Multi-family: No requirement.
b. Lodge. rental space: Maximum of 0.5:1, which can be increased to
0.75:1 internal FAR of lodge rental space provided 33 1/3% of the
additional floor area is approved for residential use restricted to affordable
housing for employees of the lodge.
c. Lodge: Non-unit space: Minimum of 0.25: I.
Section 3:
Section 26.470.070, which section defines the types of development that may be
exempted from the scoring and competition procedures of growth management, is hereby
amended to include a new section to read as follows:
Ordinance No. 41, Series of2000
Page 3
N. Conversion of residential reconstruction credits to tourist accommodations
units. The conversion of reconstruction credits derived from the demolition
of residential dwelling units pursuant to Section 26.470.070(A)(2) to tourist
accommodations units shall be exempt from the growth management
competition and scoring procedures, This exemption is deducted from the
Aspen Metro Area development ceilings established pursuant to Section
26.470.030. Exemption review is by City Council. This exemption shall only
be granted ifthe following standards are met:
I. Demolished residential dwelling units shall be converted to tourist
accommodation units at the rate of 2.95 tourist accommodations units per
each one residential unit;
2. Tourist accommodations units obtained pursuant to this exemption shall
only be developed in those zone districts in which lodge and hotel units
are a permitted use;
3. Development of the tourist accommodations units shall be limited to the
same parcel from which the reconstruction credits were derived, on a
contiguous parcel owned by the applicant, or within a Planned Unit
Development approved pursuant to Section 26.445;
4. Employee housing or cash-in-lieu thereof shall be provided to mitigate for
additional employees generated by the development of the tourist
accommodations units;
5, The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district;
6. Adequate parking and public facilities exist or can be provided for the
development; and,
7. The proposed development is consistent with the Aspen Area Community
Plan.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances. .
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Ordinance No. 41, Series of 2000
Page 4
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 7:
A public hearing on the Ordinance was held on the 25th day of September, 2000, at
5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to which hearing a public notice of the same was published in a newspaper
of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 28th day of August, 2000.
Attest:
C:::'- ~tJ c;- .
~
Ra hel E. Richards, Mayor
FINALLY, adopted, passed and approved this 25th day of September, 2000.
Attest:
Approved as to form:
:'~ tll-/7I"/.I~
CfffMtorney
Ordinance No. 41, Series of2000
Page 5
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL AMEND THE TEXT OF THE LAND USE
CODE SECTIONS 26.710.190 AND 26.470.070
Resolution #oo-TI
WHEREAS, the Community Development Department received an application
from Savannah Limited Partnership to amend the text of the Land Use Code as
contemplated in the Conceptual Planned Unit Development approvals granted pursuant to
City Council resolutions 99-93 and 99-11 I; and,
WHEREAS, the proposed amendments relate to the use and dimensional
provisions of the Lodge Tourist Residential (L TR) Zone District and would add a
conversion process for residential reconstruction credits in the Growth Management
Quota System exemption, both as further described herein; and,
WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department, a recommendation
from the Planning and Zoning Commission made during a duly notice public hearing, and
the comments made by the general public, the City Council may approve, approve with
conditions, or deny an application for amending the lext of the Land Use Code based on
the criteria that are set forth in said Section; and,
WHEREAS, the Community Development Director reviewed the proposed text
amendments, as described herein, and recommended approval; and,
WHEREAS, during a regular meeting on August 15,2000, the Planning and
Zoning Commission, by a six to one (6-1) vote, recommended City Council amend the
text of the Land Use Code, as described herein.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1:
Pursuant to Section 26.3 I 0 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.710. 190(B) of the Land
Use Code - Permitted uses in the Lodge Tourist Residential (L TR) Zone District - by
adding and strikiRg language as follows:
B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist
Residential (L/TR) zone district:
1. Lodge units;
2, Boardinghouse;
3, Hotel;
4. Multi-family dwellings;
5. Detached residential or duplex dwellings, oRly OR lots of 6,000 square
feet or less;
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6. Dining rooms, customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodge
units, boardinghouses, hotels and dwelling units;
7. Accessory residential dwellings restricted to affordable housing
guidelines; and
8. Accessory buildings and uses.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.71O.l90(D) of the Land
Use Code - Dimensional Requirements of the Lodge Tourist Residential (L TR) Zone
District - by adding and stril;;iog language as follows:
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Lodge/Tourist Residential (L1TR) zone
district:
1. Minimum lot size (square feet): 6,000.
2. Maximum lot size (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 6,000.
2..3. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000.
c, Multi-family dwellings: One (I) bedroom per one thousand (1,000)
square feet of lot area, provided that a studio shall be considered a
one (I) bedroom unit.
d. Lodge units: No requirement. Whenever kitchen facilities are
installed in a lodge in the Lodge/Tourist Residential (L1TR) zone
district, such unit shall be deemed a multi-family unit and the
lodge shall be required to satisfy the minimum lot area
requirements for a multi-family dwelling unit as provided in this
Title.
e. Multi-family dwellings on a lot of 27,000 square feet or less, when
at least fifty percent (50%) of the units built on-site are restricted as
affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
3+ bedrooms: One (I) bedroom per 500 square feet oflot area.
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f, Multi-family dwellings on a lot of 27,000 square feet or less, when
one hundred percent (100%) of the units built on-site are restricted
as affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
J. 4. Minimum lot width (feet): 60.
4, 5. Minimum front yard setback (feet): 10.
~ 6. Minimum side yard setback (feet): 5.
ih 7. Minimum rear yard setback (feet): 10.
+. 8. Maximum heif<ht (feet): 28.
lh 9. Minimum distance between principal and accessory buildinf<s (feet): 10.
9., 10. Percent of open space required for buildinf< site: 25.
-l4-11. External floor area ratio (applies to conforminf< and nonconforminf< lots
of record): For detached residential dwellings and duplexes the external
floor area shall be the same as in the R6 zone district. All other uses: I: I.
-l-h12. Internal floor area ratio:
a. Multi-family: No requirement.
b. Lodge. rental space: Maximum of 0.5:1, which can be increased to
0.75:1 internal F.A.R. of lodge rental space provided 33 1/3% of the
additional floor area is approved for residential use restricted to affordable
housing for employees of the lodge.
c. Lodge: Non-unit space: Minimum of 0.25:1.
Section 3:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.470.070 of the Land
Use Code - Exemptions from the Growth Management Quota System - by addin2 and
strikiRg language as follows:
N. Conversion of residential reconstruction credits to tourist accommodations
units. The conversion of reconstruction credits derived from the
demolition of residential dwelIin2 units pursuant to Section
26.470.070(A)(2) to tourist accommodations units shall be exempt from
the 2rowth mana2ement competition and scorin2 procedures. This
exemption is deducted from the Aspen Metro Area development ceiIin2s
established pursuant to Section 26.470.030. Exemption review is by City
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Council. This exemption shall only be 2ranted if the followin2 standards
are met:
1. Demolished residential dwellin2 units shall be converted to tourist
accommodation units at the rate of two tourist accommodations units
per each one residential unit;
2. Tourist accommodations units obtained pursuant to this exemption
shall only be developed in those zone districts in which lod2e and hotel
units are a permitted use;
3. Development of the tourist accommodations units shall be limited to
the same parcel from which the reconstruction credits were derived,
on a conti2uous parcel owned by the applicant, or within a Planned
Unit Development approved pursuant to Section 26.445;
4. Employee housin2 or cash-in-Iieu thereof shall be provided to miti2ate
for additional employees 2enerated bv the development of the tourist
accommodations units;
5. The proposed development is compatible with the character of the
existin2 land uses in the surroundin2 area and the purpose of the
underlyin2 zone district;
6. Adequate parkin2 and public facilities exist or can be provided for the
development; and,
7. The proposed development is consistent with the Aspen Area
Community Plan.
BE IT FURTHER RESOLVED by the Commission. by a seven to zero (7-0) vote, that:
There is no practical benefit to requiring the Aspen Mountain PUD project to
proceed through a GMQS scoring and competition procedure for the remaining
lodge allotments after converting the residential reconstruction credits to lodge
allotments at a rate insufficient to accommodate a 150 unit hotel. The concept of
a 150 unit hotel was endorsed as a preferable development compared to the
previously proposed residential project on this site and the City Council should
consider allowing the remaining residential reconstruction credits to convert at a
rate that accommodates the planned 150 unit hotel. There are sufficient
mechanisms in the Planned Unit Development review criteria to address the issues
that would otherwise be addresses in a GMQS scoring procedure.
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APPROVED by the Commission at its regular meeting on August 15, 2000.
APPROVED AS TO FORM:
PLANNING AND ZONING
CO SSION:
(Jt) L
CitY Attorney I
obert Blaich,
ATTEST:
C :lhomelChrislCASESIAMPUD _Code _ AmendlPZ _ RESO.doc
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director~
Chris Bendon, Senior Planner~
Aspen Mountain PUD Code Amendments
1 st Reading of Ordinance No.4 \ , Series of 2000
L TR Zone District
GMQS Residential Reconstruction Credit Conversion
FROM:
RE:
DATE:
August 28, 2000
SUMMARY:
Conceptual Planned Unit Development approvals were granted for Aspen Mountain
PUD/Subdivision Lot #3 and #5 pursuant to City Council Resolutions 99-93 and 99-
111, attached. Both of these conceptual approvals included conditions that the
developer work with the Community Development Director in processing Land Use
Code text amendments in order to facilitate the development considered in the
conceptual approvals. There are two proposed amendments, described under the
heading "Amendments."
The Planning and Zoning Commission reviewed these amendments as proposed and
recommended approval by a six to one (6-1) vote.
The Commission, however, questioned the benefit of still requiring the Aspen
Mountain PUD to compete in GMQS for the necessary allotments after converting the
residential allotments. The Commission felt that the "conversion" should allow the
existing residential allotments to suffice as the necessary lodge allotments to
accommodate the planned 150 unit hotel without the additional "hoops" of a scoring
procedure. To this end, a second motion was made and unanimously approved
recommending City Council allow the existing reconstruction credits to be converted
to accommodate the 150 unit hotel.
Staff recommends City Council adopt Ordinance No.:11.. Series of 2000, upon
first reading.
AMENDMENTS:
LTR Zone District.
Single-family homes in this zone district are described as an allowed use on lot of
6,000 square feet or less. The minimum dimension for a single-family lot is 6,000
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/
square feet. In combination, this allows for single-family home to be built only on
lots of exactly 6,000 square feet.
The PUD process allows for the establishment of dimensional requirements but does
not allow for variation in use. This amendment would places both of these limitations
in the dimensional section and allows a PUD development review to dictate lot sizes.
Residential Reconstruction Conversion Credit.
The Conceptual PUD approval granted to Savannah Limited Partnership contemplates
the development of a 150 unit hotel to replace the existing Grand Aspen Hotel rather
than residences. The applicant maintains 47 residential reconstruction rights, 34 of
which are intended for the Grand Aspen site. The applicant has also maintained 50
lodge allotments. In order to facilitate the development of a 150 unit lodge, the
conceptual approval contemplated the "conversion" of residential credits to lodge
credits at the rate of 2 lodge units per each residential credit. Combining the 50 lodge
allotments and 68 (34 x 2) converted allotments, the applicant would need to compete
for approximately 32 lodge allotments for the proposed 150 unit hotel.
ApPLICANT:
Savannah Limited Partnership. Represented by Sunny Vann and John Sarpa.
PREVIOUS ACTION:
City Council has not previously considered this text amendment application, Lots 3
and 5 were granted Conceptual PUD approval pursuant to City Council Resolutions
99-93 and 99-11 I, respectively. The text amendments were contemplated in the
conceptual approvals, attached as Exhibit "B."
REVIEW PROCEDURE:
Text Amendment, City Council shall, by Ordinance, approve or deny the application
for amending the text of the Land Use Code at a public hearing after considering a
recommendation from the Community Development Director and the Planning and
Zoning Commission made during a public hearing.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The AMPUD
Conceptual approval resolutions have been included as Exhibit "B." The application
has been included as Exhibit "C."
RECOMMENDATION:
Staff recommends City Council adopt Ordinance No.4\. , Series of 2000, upon first
reading.
2
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CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to adopt Ordinance No.1L Series of 2000, upon first reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B Resos. 99-93 and 99-111
Exhibit C -- Development Application
C:\homeIChris\CASESIAMPUD _Code _ Amendlcc _ memo,doc
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ORDINANCE NO.4!
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN,
COLORADO, TO AMEND SECTION 26.710.190, THE LODGE TOURIST
RESIDENTIAL (LTR) ZONE DISTRICT, AND SECTION 26.470.070,
EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM, OF
THE LAND USE CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Savannah Limited Partnership to amend the text of the Land Use Code as
contemplated in the Conceptual Planned Unit Development approvals granted pursuant to
City Council resolutions 99-93 and 99- I I I; and,
WHEREAS, the proposed amendments relate to the use and dimensional
provisions of the Lodge Tourist Residential (LTR) Zone District and would add a
conversion process for residential reconstruction credits in the Growth Management
Quota System exemption, both as further described herein; and,
WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department, a recommendation
from the Planning and Zoning Commission made during a duly notice public hearing, and
the comments made by the general public, the City Council may approve, approve with
conditions, or deny an application for amending the text of the Land Use Code based on
the criteria that are set forth in said Section; and,
WHEREAS, the Community Development Director reviewed the proposed text
amendments, as described herein, and recommended approval; and,
WHEREAS, during a regular meeting on August 15,2000, the Planning and
Zoning Commission, by a six to one (6-1) vote, recommended City Council amend the
text of the Land Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the proposed
text amendments under the applicable provisions of the Municipal Code, as identified in
Section 26.310, has reviewed and considered the recommendations made by the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed Land Use Code text
amendments meet or exceed all applicable review standards and that the approval of the text
amendments is consistent with the goals and elements of the Aspen Area Community Plan;
and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. ~ Series 0[2000
Page 1
Section 1:
Section 26.71O.190(B), which section defines the permitted land uses allowed in the
Lodge Tourist Residential (L TR) Zone District, is hereby amended to read as follows:
B. Permitted uses. The following uses are permitted as of right in the LodgelTourist
Residential (L/TR) zone district:
1. Lodge units;
2. Boardinghouse;
3. Hotel;
4. Multi-family dwellings;
5. Detached residential or duplex dwellings;
6. Dining rooms, customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodge
units, boardinghouses, hotels and dwelling units;
7. Accessory residential dwellings restricted to affordable housing
guidelines; and
8. Accessory buildings and uses.
Section 2:
Section 26.71O.I90(D), which section defines the dimensional requirements for structures
in the Lodge Tourist Residential (LTR) Zone District, is hereby amended to read as
follows:
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the LodgelTourist Residential (L/TR) zone
district:
1. Minimum lot size (square feet): 6,000.
2. Maximum lot size (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 6,000.
3. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6.000.
b. Duplex: 3,000.
c. Multi-family dwellings: One (1) bedroom per one thousand (1,000)
square feet of lot area, provided that a studio shall be considered a
one (1) bedroom unit.
d. Lodge units: No requirement. Whenever kitchen facilities are
installed in a lodge in the Lodge/Tourist Residential (L/TR) zone
district, such unit shall be deemed a multi-family unit and the
lodge shall be required to satisfy the minimum lot area
Ordinance No, _, Series of 2000
Page 2
requirements for a multi-family dwelling unit as provided in this
Title.
e. Multi-family dwellings on a lot of 27,000 square feet or less, when
at least fifty percent (50%) of the units built on-site are restricted as
affordable housing:
Studio: 500.
I bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500,
3+ bedrooms: One (I) bedroom per 500 square feet of lot area.
f. Multi-family dwellings on a lot of27,000 square feet or less, when
one hundred percent (100%) of the units built on-site are restricted
as affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet oflot area.
4. Minimum lot width (feet): 60.
5. Minimumfront yard setback (feet): 10.
6. Minimum side yard setback (feet): 5.
7. Minimum rear yard setback (feet): 10.
8. Maximum height (feet): 28.
9. Minimum distance between principal and accessory buildings (feet): 10.
10. Percent of open space requiredfor building site: 25.
11. External floor area ratio (applies to conforming and nonconforming lots
of record): For detached residential dwellings and duplexes the external
floor area shall be the same as in the R6 zone district. All other uses: I: 1.
12. Internal floor area ratio:
a. Multi-family: No requirement.
b. Lodge, rental space: Maximum of 0.5:1, which can be increased to
0.75:1 internal F.A.R. of lodge rental space provided 33 1/3% of the
additional floor area is approved for residential use restricted to affordable
housing for employees of the lodge.
c. Lodge: Non-unit space: Minimum of 0.25: 1.
Section 3:
Section 26.470.070, which section defines the types of development that may be
exempted from the scoring and competition procedures of growth management, is hereby
amended to include a new section to read as follows:
Ordinance No. , Series of2000
Page 3
,
N. Conversion of residential reconstruction credits to tourist accommodations
units. The conversion of reconstruction credits derived from the demolition
of residential dwelling units pursuant to Section 26.470.070(A)(2) to tourist
accommodations units shall be exempt from the growth management
competition and scoring procedures. This exemption is deducted from the
Aspen Metro Area development ceilings established pursuant to Section
26.470.030. Exemption review is by City Council. This exemption shall only
be granted if the following standards are met:
I, Demolished residential dwelling units shall be converted to tourist
accommodation units at the rate of two tourist accommodations units per
each one residential unit;
2. Tourist accommodations units obtained pursuant to this exemption shall
only be developed in those zone districts in which lodge and hotel units
are a permitted use;
3. Development of the tourist accommodations units shall be limited to the
same parcel from which the reconstruction credits were derived, on a
contiguous parcel owned by the applicant, or within a Planned Unit
Development approved pursuant to Section 26.445;
4. Employee housing or cash-in-lieu thereof shall be provided to mitigate for
additional employees generated by the development of the tourist
accommodations units;
5. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district;
6. Adequate parking and public facilities exist or can be provided for the
development; and,
7. The proposed development is consistent with the Aspen Area Community
Plan.
Section 4:
lbis Ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Ordinance No. , Series of2000
Page 4
"
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
ofthis Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 7:
A public hearing on the Ordinance was held on the _day of --,2000, at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 28th day of August, 2000.
Attest:
Kathryn S. Koch, City Clerk
Rachel E. Richards, Mayor
FINALLY, adopted, passed and approved this
day of
,2000.
Attest:
Kathryn S. Koch, City Clerk
RachelE. Richards, Mayor
Approved as to form:
City Attorney
Ordinance No. _, Series of2000
Page 5
Exhibit A
Code Amendments
Review Criteria and Staff Findings:
Staff Comments: Text Amendments to the Land Use Code
Section 26.310.020, Standards Applicable to Text Amendments
In reviewing an amendment to the text of the text of the Land Use Code, the City Council and
the Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this title.
Staff Finding:
The two amendments proposed do not represent conflicts with other portions of the Land Use
Code or with the Municipal Code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Community Plan.
Staff Finding:
The AACP does not directly address the L TR Zone District provIsIOn for single-family
development. The proposed amendment, however, does not substantially change the allowances
for single-family development in this district. The current and proposed text will allow for
single-family development on lots of exactly 6,000 square feet. The proposed language will
include both the minimum and maximum lot size requirements in the dimensional provisions of
the zone district. This will not necessarily alter what can be developed on an L TR lot but will
allow for the lot size for a single-family home to be established through adoption of a Planned
Unit Development. Staff believed thin is in compliance wit the AACP.
The residential conversion provision proposed for the Growth Management Quota System will
allow a developer to convert residential allotments to lodge allotments pursuant to a conversion
rate. This provision was contemplated in the Aspen Mountain Conceptual review and was
incorporated into the conceptual approval.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
The L TR change will not affect the character of development that is allowed by right. It will
allow a developer to proposed single-family residences as part of a PUD, for which
neighborhood compatibility and the character of surrounding areas is contemplated.
The conversion provision in the GMQ System would be subject to a criteria requmng
compatibility with the character of the surrounding land uses.
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D. The effect ofthe proposed amendment on traffic generation and road safety.
StaffFinding:
Staff does not believe either of these two code amendments will have any effect upon traffic and
road safety.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities, including,
but not limited to, transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
Staff Finding:
The proposed code amendments will not have impacts upon public infrastructure.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
StaffFinding:
Staff does not believe these code changes will have any effect on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The L TR change is consistent with the community character and does not represent any significant
change in the development allowed in the zone. A PUD application is required to demonstrate
compliance with criteria that address this concern.
The proposed conversion criteria include compliance with community character.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Staff Finding:
This is a criteria for amending the zoning map and not applicable to amending the Land Use Code
text.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
The conceptual approval for Lot 3 and Lot 5 of the Aspen Mountain PUD was granted, in part, to
serve the public interest. These approval clearly included language that contemplated these
amendments and staff believes these code amendments are merely an administrative continuation of
the conceptual approvals. Staff cannot envision any direct or indirect outcome of these code
amendments that could represent conflict with the public interest or with the purposes of the Land
Use Code.
Exhibit B
RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL
PLANNED UNIT DEVELOPMENT (PUD) APPROVAL FOR LOT 3 OF THE
ASPEN MOUNTAIN PUD, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO
~
Resolution 99-93
WHEREAS, The Community Development Department received an application
originally dated September 15, 1998. then revised and dated March I, 1999, from
Savanah Limited Partnership, represented by Vann Associates, LLC, for Conceptual
Planned Unit Development (PUD) approval on Lot 3 (also known as the 'Top of Mill")
of the Aspen Mountain Subdivision/Planned Unit Development (hereinafter "AMPUD");
and,
WHEREAS, said March I, 1999, application generally included the following
proposal for development of Lot 3:
Lot 3, Top of Mill:
· Creation of 8 development parcels and 2 open space parcels. as follows:
;. PARCEL 1: 51,680 square feet of land containing 2 triplexes (6 free market
dwelling units) with a total of 27,000 square feet off AR floor area;
;. PARCEL 2: 26,520 square feet ofland containing 2 duplexes (4 deed restricted
dwelling units) with a total of 7,500 square feet of FAR floor area;
;. PARCEL 3: 14,260 square feet of land containing I duplex (2 free market
dwelling units) with a total 01'9,000 square feet of FAR floor area;
;. PARCEL 4: 13,290 square feet of land containing 1 free market single-family
dwelling unit with a total of 6,200 square feet of FAR floor area;
;. PARCEL 5: 10,370 square feet ofland containing I free market single-family
dwelling unit with a total of 5,200 square feet of FAR floor area;
;. PARCEL 6: 10,380 square feet of land containing I free market single-family
dwelling unit with a total of 5,200 square feet ofF AR floor area;
;. PARCEL 7: 18,920 square feet of land containing 1 free market single-family
dwelling unit with a total of 6,500 square feet of FAR floor area;
;. PARCEL 8: 18,390 square feet of land containing 1 free market single-family
dwelling unit with a total of 6,500 square feet of FAR floor area;
;. OPEN SPACE PARCEL A: 28,740 square feet of land (of which 18,710 square
feet lie within an access road easement; and,
;. OPEN SPACE PARCEL B: 50,230 square feet ofland.
· Total of 17 residential units with the potential for up to 7 accessory dwelling
units;
. Total of73,100 square feet of FAR floor area;
· Total 01'60,260 square feet ofland meeting the City's definition of "open space;"
and,
Page I of6
"
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code.
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for Planned Unit Development (PUD) approval; and,
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code.
City Council shall approve, approve with conditions, or disapprove Conceptual PUD
approval requests upon receipt of recommendations from staff and the Planning and
Zoning Commission, and after taking and hearing public comment regarding the
proposal; and,
WHEREAS, the Housing Office, the City Zoning Officer, the Roaring Fork
Transit Agency, the City Engineer. the Parks Department. Aspen Consolidated Sanitation
District, the Environmental Health Department, and the Community Development
Department reviewed the Lot 3 proposal and recommended approval with conditions;
and,
WHEREAS, the above referenced application was legally noticed for a public
hearing to be held before the Planning and Zoning Commission on June 15, 1999; and,
WHEREAS, the above referenced application was, subsequent to the conclusion
of the Planning and Zoning Commission hearings, legally noticed for a public hearing to
be held before the City Council on September 27, 1999; and,
WHEREAS, during the fifth continuance of the public hearing, on September 7,
1999 (first meeting on 6/15/99 was continued to 6/29/99, then to 7/13/99, then to 8/10/99.
and finally to 9/7/99), the Aspen Planning and Zoning Commission recommended that
City Council grant Conceptual PUD approval for Lot 3 of the AMPUD with conditions
by a six to zero (6 - 0) vote; and,
WHEREAS, City Council conducted a public meeting, as part of the action item
agenda, on September 17,1999, then held a legally noticed public hearing, as part of the
action item agenda, on September 27, 1999 which hearing was continued to October 25,
1999, then to November 8, 1999, then to November 23, 1999, and finally to December 6,
1999, at which times City Council received and took into consideration public comments
and the recommendations of the Planning and Zoning Commission and City staff; and,
WHEREAS, after consideration of agency and public comment, the applicable
review standards as contained in Chapter 26 of the Aspen Municipal Code, to wit,
Section 26.84.030 (Planned Unit Development), and the recommendations of staff and
the Planning and Zoning Commission, the City Council finds the proposed Conceptual
PUD plans for Lot 3 (Top of Mill) to be consistent with the minimum requirements and
review standards for Planned Unit Development provided the stipulated conditions of
approval applicable to Lot 3 are met or addressed at final PUD review.
NOW, THEREFORE BE IT RESOLVED by the Aspen City Council:
Page 2 of6
,
Section One:
That the City Council hereby grants Conceptual Planned Unit Development (PUD) approval
for Lot 3 of the Aspen Mountain PUD with the following conditions:
1. This Conceptual PUD approval for Lot 3 shall be fully contingent upon subsequent
rezoning hearings. That is, should the necessary rezoning request(s) be denied, the
applicant would have to come back through the Conceptual PUD process with a proposal
that meets the requirements of the existing zone districts.
2. For the Final PUD application. the applicant will apply to rezone all portions of Lot 3 for
which development is proposed to L1TR(PUD); if this is done, the request to amend
Section 26.40.070, Zoning of Lands Containing More Than One Underlying Zone
District, (as recodified) will be withdrawn.
3. The Final PUD application will contain further information, including a slope
analysis for each subdivided parcel, to determine compliance with all applicable zone
district and dimensional requirements. Allowable F ARs for each Lot 3 parcel will be
determined using the proposed allocation method explained in the September 27,
1999 staff memorandum. Unused FAR from Parcels 1 and 2 may be redistributed
amongst Parcels 3-8. The maximum allowable floor areas will be as follows:
PARCEL NO,
Parcel 3
Parcel 4
Parcel 5
Parcel 6
Parcel 7
Parcel 8
MAXIMUM ALLOWABLE FAR
9,000 square feet off AR
6,200 square feet of FAR
5,200 square feet of FAR
5,200 square feet off AR
6,500 square feet of FAR
6,500 square feet of FAR
4. The recommendations of the Housing Office and Housing Board with regard to Lot 3, as
contained in the June 4, 1999 Housing Office memorandum to Mitch Haas of the
Community Development Department, shall be adhered to in the Final PUD application.
5. In the Final PUD application, proposed building mass and related impermeable surface
layout will closely conform with the final outcome of the Aspen Mountain Drainage
Basin Master Plan (AMDBMP) design and construction criteria. It shall be the
developer's or its successor's responsibility to fully comply with the drainage criteria and
perform within the parameters set forth in the report.
6. Savanah Limited Partnership's (owner/developer) representative agreed to provide
necessary drainage easements and shall continue to provide these easements for safe
conveyance of surface runoff and debris through the site,
7. In the Final PUD application, the developer's representative will make necessary
adjustments to building footprints to ensure that the requirements of the AMDBMP and
the above mentioned conditions are met.
8. The City will use the funds put in escrow to study and develop a master plan with design
and construction criteria and utilize the balance ofthese funds toward implementation of
Page 3 of6
..,_...""-----~-------~._,-..-
an interim drainage mitigation project to control runoff to the extent the rematntng
escrow funds wi II support.
9. Savanah shall be responsible for implementation of such on-site drainage improvements
as necessitated by their development and typically required of new developments in the
City of Aspen.
lO. In the Final PUD application, the site layout must be such that it will in no way pose a
significant blockage in the natural stream bed or drainage path.
1 I. The development must comply with the most recent municipal engineering practice
standards and the "Best Management Practices" (BMPs) identified for water quality
control requirements. The existing site must be carefully studied and evaluated to ensure
a proper design and correct selection ofBMP(s).
12. The Final PUD application shall include further grading and excavation plans, based on
today's conditions and all parts of the current design concept, with suggested conditions
for development.
13. For the Final PUD application. Savanah shall work cooperatively with the Parks
Department to relocate and replat the Top of Mill Trail, where Savanah further agrees to
have any agreed upon alignment of the relocated trail staked and approved by the Parks
Department. The relocated trail must have a legal description, be shown on the Final
Amended Plat. and be dedicated/conveyed to the City of Aspen Parks Department.
14. With the Final PUD application. plans must be provided for the construction and post-
construction phases of the development in order to further address issues associated with
the grade of South Mill Street.
15, Savanah shall commit, in the Final PUD application, to construct a detached/separated
sidewalk along the South Mill Street frontage of Lot 3, and to plant appropriately spaced
street trees in the area between the sidewalk and the curb.
16. All residential structures will be subject to the provisions of the Residential Design
Standards. When more detailed architectural renderings are submitted in conjunction
with the Final PUD application. staff will conduct the Residential Design Standards
review under the provisions applicable at that time.
17, For Final PUD, the applicant will further provide design details to reduce the perceived
mass and scale of the triplexes on the Parcel I site.
18. Concurrent with Final PUD review for Lot 3, a general 8040 Greenline Review will be
carried out for the proposed building envelopes, but each parcel will still be subject to a
site- and design-specific 8040 Greenline review prior to its development.
19. The Final application shall include a management plan for demolition and construction
parking, traffic, and noise, and said plan shall consider neighborhood concerns. It is
recommended that meetings with the noticed neighbors be held in preparation of the
management plan required pursuant to this condition.
20. Any and all PUD variance requests shall remain outstanding until Final PUD review.
2 I. That a staff-initiated code amendment that clarifies that lots in the L TR zone district may
be modified through the PUD process by moving the stipulated lot size (6,000 S.f. or
less) for single family and duplex residences to the dimensional regulations. This code
amendment shall be accomplished prior to Final PUD approval.
22. A detailed landscape plan will be required in connection with a Final PUD application,
and statf suggests that the applicant work cooperatively with the Parks Department to
arrive at an acceptable Final landscape plan with regard to selection of species, spacing
Page 4 0[6
of plantings. and tree removal permit requirements. The applicant further agrees to add
landscaping on the southernmost portion of Parcel 3 to soften the edge between the
development and the ski mountain.
23. Two sets of simulated three-dimensional photographs of the proposed development shall
be provided prior to presentation of the Final PUD application to the Planning and
Zoning Commission. The two sets shall depict summer and winter conditions of the
proposed development, and both sets shall include views of the development from
downtown (i.e" Wheeler Opera House) and from above (i.e., on Aspen Mountain or the
Silver Queen Gondola), relative to the surroundings.
24. The lighting details to be provided with the Final PUD application shall be consistent
with the City of Aspen's recently adopted lighting ordinance or such regulations in effect
at the time of Final PUD submission.
25. Any and all internal driveways and access roads shall comply with all pertinent City
regulations and ordinances.
26. The applicant agrees to investigate the feasibility of instituting Green Building Practices
for all of the buildings on Lot 3. prior to Final PUD.
27. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval. unless otherwise amended by a Board/Commission
having authority to do so.
Section Three:
In accordance with Section 26.84.030(C)(I)(b) and (c), Sections One and Two of this
Resolution, as provided above, shall not constitute final Planned Unit Development
approval or permission to proceed with development. Instead, such approval shall
constitute only authorization to proceed with a development application for a final
development plan. A development application for final development plan shall be
submitted within one (I) year of the conceptual development plan's date of approval by
City Council, should such approval be granted. Unless an extension is granted by the
City Council, failure to file such an application within this time period shall render null
and void the approval of a conceptual development plan.
FlNALL Y, adopted, passed and approved this 6th day of December, 1999.
,
ATTEST:
Page 5 of6
'.'.-'0"_'"",-.-." ,_ _ ..+_.____~~_~._
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APPROVED AS TO FORM:
~~
John orcester, City Attorney
G:/pl anningl aspenlreso. doc/citycounc/ am3conc2. doc
,.........
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Page 6 of6
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RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL
PLANNED UNIT DEVELOPMENT (PUD) APPROVAL FOR LOT 5 OF THE
ASPEN MOUNTAIN PUD, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO
Resolution 99-111
WHEREAS, The Community Development Department received an application
originally dated September 15. 1998. then revised and dated March I, 1999, from
Savanah Limited Partnership, represented by Vann Associates, LLC, for Conceptual
Planned Unit Development (PUD) approval on Lot 5 (also known as the "Grand Aspen
Site") of the Aspen Mountain Subdivision/Planned Unit Development (hereinafter
"AMPUD"); and,
WHEREAS, said March I. 1999, application generally included the following
proposal for development of Lot 5:
Lot 5, Grand Aspen site:
· 150 moderately priced, upscale hotel units (132 standard rooms, and 18 suites);
· On-site housing for 12 employees (four one-bedroom units and four studios);
· 8,000 square feet of meeting space;
· 2,750 square feet of restaurant space;
· 800 square feet of bar space;
· 2,400 square feet of kitchen space;
· 500 square feet of accessory commercial space;
· Customary lobby and support spaces;
· 106,780 square feet of external FAR floor area;
· 22,000 square feet of open space (plus an additional 25,000 square feet on Lot 6);
and,
· 106 below grade parking spaces.
And,
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for Planned Unit Development (PUD) approval; and,
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
City Council shall approve, approve with conditions, or disapprove Conceptual PUD
approval requests upon receipt of recommendations from staff and the Planning and
Zoning Commission, and after taking and hearing public comment regarding the
proposal; and,
WHEREAS, the Housing Office, the City Zoning Officer, the Roaring Fork
Transit Agency, the City Engineer, the Parks Department, Aspen Consolidated Sanitation
District, the Environmental Health Department, and the Community Development
-1-
~..,
,,,,
Department reviewed the Lot 5 proposal and recommended approval with conditions;
and.
WHEREAS, the above referenced application was legally noticed for a public
hearing to be held before the Planning and Zoning Conunission on June 15, 1999; and,
WHEREAS, during the fifth continuance of the public hearing before the
Planning and Zoning Commission. on September 7, 1999 (first meeting on 6/15/99 was
continued to 6/29/99, then to 7/13/99, then to 8/10/99, and finally to 9/7/99), the Aspen
Planning and Zoning Commission reconunended that City Council grant Conceptual
PUD approval for Lot 5 of the AMPUD with conditions by a six to zero (6 - 0) vote; and.
WHEREAS, City Council conducted a public meeting, as part of the action item
agenda. on September 17, 1999, at which time City Council received and took into
consideration public comments and the recommendations of the Planning and Zoning
Commission and City staff; and,
WHEREAS, the above referenced application was legally noticed for a public
hearing held before the City Council on October 25,1999 and continued to November 8,
1999 then to November 23,1999, and finally to December 6.1999; and.
WHEREAS, after consideration of agency and public comment, the applicable
review standards as contained in Chapter 26 of the Aspen Municipal Code, to wit,
Section 26.84.030 (Planned Unit Development), and the recommendations of staff and
the Planning and Zoning Conunission. the City Council finds the proposed Conceptual
PUD plans for Lot 5 (Grand Aspen site) to be consistent with the minimum requirements
and review standards for Planned Unit Development provided the stipulated conditions of
approval applicable to Lot 5 are met or addressed at Final PUD review.
NOW, THEREFORE BE IT RESOLVED by the Aspen City Council:
Section One:
That the City Council hereby grants Conceptual Planned Unit Development (PUD)
approval for Lot 5 of the Aspen Mountain PUD with the following conditions:
1. This Conceptual PUD approval for Lot 5 shall be fully contingent upon receipt of
the necessary GMQS allotments. Council shall allow the applicant to convert
unused residential credits to tourist accommodation allocations using the
conversion factor of 2.0 lodge units per three-bedroom free market residence. All
remaining GMQS allocation needs will have to be earned through the GMQS
scoring and competition procedures.
2. The applicant shall work with staff to process a code amendment to GMQS which
will address the ability to convert residential credits to lodge room allocations.
- 2-
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3. Recommendations number I through 4 of the Housing Office and Housing Board
with regard to Lot 5, as contained in the June 4. I 999 Housing Office memorandum
to Mitch Haas of the Community Development Department, shall be adhered to in
the Final PUD application.
4. The total number of employees to be housed in connection with the proposed 150
room hotel on Lot 5 shall be 40.9 employees. Savanah shall be credited with housing
thirteen (13) employees in the proposed Bavarian Inn affordable housing project
located near 7th and Main St. A minimum of sixteen (l6) employees shall be housed
within the proposed Lot 5 hotel. Credit may be obtained for housing the remaining
11.9 employees by any of the following methods, or any combination of methods.
subject to the approval of City Council:
a) the inclusion of additional affordable housing units within the proposed
hotel;
b) the provision of off-site affordable housing provided that they are
located within the City of Aspen or up valley of Brush Creek Rd.; and
c) the conversion of existing free-market units to deed-restricted
affordable housing units.
The method by which the remaining 11.9 employees are to be housed shall be
addressed in Savanah's final PUD application. The floor area of the hotel may be
increased from 106,780 square feet to a maximum of 115,000 square feet
provided that any such increase may only be used for affordable housing
purposes. Any increase in floor area shall also be limited to the building footprint
and height (maximum 45' for the center portion of the structure) approved herein.
5. If any off-site (metro area) housing receives approval, Savanah shall be required
to purchase and make available at all times valley bus passes for all employees not
housed on-site.
6. For the Final PUD and GMQS Scoring and Competition applications: a total of
106 off-street parking spaces shall be provided, including an appropriate number
of parking spaces designated for dedicated use by the on-site employee dwelling
units; and nine (9) spaces in an appropriate location dedicated to Silver Circle Ice
Rink patrons. The remaining spaces shall be available to hotel guests and for
short-term parking for hotel operations.
7. Savanah shall commit to providing a shuttle to and from the airport for the hotel's
customers, and shall make a good faith effort to use an altemative energy source
vehicle for such shuttle purposes,
8. With consideration given to affects on the Tipple properties across S. Galena
Street, Savanah shall move the main (guest) parking garage entrance/exit and
passenger drop-off to Dean St. A plan for vehicular and pedestrian circulation
between and amongst the passenger drop-off area, main hotel entrance, and the
parking garage shall be provided (both directions). Said plan shall, at a minimum.
provide an analysis and consideration of: potential conflicts (vehicular-to-vehicle,
vehicle-to-pedestrian, etc.); impacts on neighborhood-wide and site-specific
traffic circulation; visual impacts; signage required; and, enforcement
mechanisms required to make the plan properly and consistently function over
time.
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9. If the exit from the underground garage is to remain on S. Galena Street, it shall
be restricted to employee use only and shall include a means of precluding right
turns out of the garage. and the landscape plan shall maintain a site distance
triangle open and clear to view both to the north and to the south. A plan for
minimizing impacts on neighboring properties from headlights panning across
them shall also be included.
10. The service/delivery area shall be provided with a means of precluding exiting
vehicles from turning left onto South Mill Street. Time limitations for deliveries
shall be set, and a plan indicating how trucks will maneuver to enter the loading
docks shall also be provided, All service/delivery functions shall comply with
regulations currently in effect, as may be amended from time to time.
1 I. The Final application shall include a management plan for demolition and
construction parking, traffic. and noise, and said plan shall consider neighborhood
concerns, including timelines. Meetings with the noticed neighbors shall be held
in preparation of the management plan required pursuant to this condition.
12. A model and/or simulated three-dimensional photograph of the proposed hotel
relative to the St. Regis and other surrounding structures, with Aspen Mountain in
the back-drop, shall be provided prior to presentation of the Final PUD
application to the Planning and Zoning Commission.
13. Any and all variance requests shall remain outstanding until Final PUD review.
14. A detailed landscape plan will be required in connection with a Final PUD
application. The applicant shall work cooperatively with the Parks Department to
arrive at an acceptable Final landscape plan with regard to selection of species.
spacing of plantings. and tree removal permit requirements. In order to help
buffer the visual impacts of the hotel structure from the adjoining property to the
south, species for trees proposed along the site's southerly property line shall be
selected to provide mature heights closely approximating the height of the hotel in
this area.
15. The lighting details to be provided with the Final PUD application shall be
consistent with the City of Aspen's recently adopted lighting ordinance or such
regulations in effect at the time of Final PUD submission.
16. In the Final PUD application, proposed building mass and related impermeable
surface layout will closely conform with the final outcome of the Aspen Mountain
Drainage Basin Master Plan (AMDBMP) design and construction criteria. It shall
be the developer's or its successor's responsibility to fully comply with the
drainage criteria and perform within the parameters set forth in the report.
17. Savanah shall be responsible for implementation of such on-site drainage
improvements as necessitated by their development and typically required of new
developments in the City of Aspen.
18. Any and all intemal driveways and access roads shall comply with all pertinent
City regulations and ordinances.
19. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to
and shall be considered conditions of approval, unless otherwise amended by a
Board/Commission having authority to do so.
.4.
--"'"'<-~-~"'-~"-'"-'-<~"~"'-"---
Section Two:
In accordance with Section 26.84.030(C)(l)(b) and (c), Section One of this Resolution, as
provided above. shall not constitute final Planned Unit Development approval or
permission to proceed with development. Instead, such approval shall constitute only
authorization to proceed with a development application for a final development plan. A
development application for final development plan shall be submitted within one (1)
year of the conceptual development plan's date of approval by City Council, should such
approval be granted. Unless an extension is granted by the City Council, failure to file
such an application within this time period shall render null and void the approval of a
conceptual development plan.
FINALLY, adopted, passed and approved this 6th day of December, 1999.
Lr~~
I E. Richards, Ma or
ATTEST:
APPROVED AS TO FORM:
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Jo rces er, City Attorney
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Exhibit C
VANN ASSOCIATES, LLC
Planning Consultants
July 7, 2000
HAND DELIVERED
Mr. Chris Bendon
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Aspen Mountain SubdivisionlPUD Code Amendments
Dear Chris:
Please consider this letter an application to amend the text of Title 26, Land Use
Regulations, of the Aspen Municipal Code (see Exhibit 1, Pre-Application Conference
Summary, attached hereto). The application is submitted pursuant to Chapter 26.310
by Savanah Limited Partnership (hereinafter "Savanah"), the owner of Lots 3 and 5 of
the Aspen Mountain SubdivisionlPUD (see Exhibit 2, Memorandum of Ownership).
Permission for Vann Associates, LLC to represent Savanah has been granted by
Aspen Enterprises International, Inc" Savanah's managing general partner, and is
attached as Exhibit 3. An executed application fee agreement is attached as Exhibit 4.
Background
Conceptual planned unit development (PUD) approval was granted to Lots 3 and 5 of
the Aspen Mountain Subdivision/PUD by the Aspen City Council on December 6,
1999 pursuant to Resolution Nos. 99-93 and 99-111, respective; (see Exhibits 5 and
6). Condition number 21 of Resolution No. 99-93 requires that the Community
Development Department staff amend the Land Use Regulations to clarify that
detached single-family and duplex dwelling units may be permitted on lots which
contain more than six thousand square feet of lot area. A second amendment to the
Regulations is required pursuant to condition number 2 of Resolution No. 99-111.
This condition requires that Savanah work with the staff to process a code amendment
which will allow the conversion of Savanah' s unused residential reconstruction credi!s
to a lodge Growth Management Quota System (GMQS) allocation.
As both code amendments must be accomplished prior to final PUD approval,
Savanah wishes to initiate the amendment process at this time so as to facilitate the
processing of the Lots 3 and 5 fmal PUD application. In the interest of time, Savanah
230 East Hopkins Ave. . !>soer Co'crado 8161' . 970:925-6958 . Fax 970/920-93' 0
Mr. Chris Bendon
July 7, 2000
Page 2
has agreed to prepare the required code amendment language for review and approval
by the staff, Planning and Zoning Commission and the City Council. The project's
consultants are presently preparing the fmal PUD application which must be submitted
within one year of the date of conceptual PUD approval. As the conceptual applica-
tion was approved on December 6, 1999, the fmal PUD application must be submitted
on or before December 6, 2000.
Proposed Amendments
The two code amendments which must be accomplished prior to Savanah's receipt of
final PUD approval are described in detail below.
1. Maximum Lot Area Limitation
Detached single-family and duplex dwelling units are uses permitted by right in
the L/TR, Lodge/Tourist Residential, zone district. These uses, however, are
presently permitted only on lots of six thousand square feet or less. Inasmuch as the
minimum lot size requirement in the L/TR zone district is also six thousand square
feet, single-family and duplex units are effectively limited to lots which are both no
less than and no greater than six thousand square feet. To the best of my knowledge,
this limitation does not occur in any other municipal zone district in which residential
. land uses are permitted.
While the limitation on single-family and duplex units to lots of six thousand
square feet or less constitutes a de facto dimensional requirement, the Community
Development Department has interpreted the present code language as a "use"
restriction which cannot be varied via the PUD approval process as originally
proposed by Savanah. As you know, Section 26.445.040.C. effectively permits
variances from the dimensional requirements of a PUD's underlying zone district
subject to City Council approval. No such variances, however, are available with
respect to a zone district's permitted uses. As a result, the present L/TR zone district
language precludes the development of Savanah's approved conceptual PUD develop-
ment plan for Lot 3 of the Aspen Mountain SubdivisionlPUD.
City Council Resolution No. 99-93 granted conceptual approval for the
subdivision of Lot 3 into eight development parcels and two open space parcels. As'
the attached site development plan illustrates (see Exhibit 7), two multi-family free
market structures are proposed on Parcell. Two deed restricted duplex structures are
proposed on Parcel 2 and a third free market duplex is proposed on Parcel 3. Parcels
4, 5, 6, 7 and 8 will each contain a free market single-family residence. While all of
the parcels comply with the minimum lot size requirement of the L/TR zone district,
...
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Mr. Chris Bendon
July 7, 2000
Page 3
Parcels 2 through 8 exceed the district's six thousand square foot maximum allowable
lot size for single-family and duplex dwelling units. As Savanah's proposed lot sizes
were acceptable to the staff, P&Z and Council, condition number 21 was added to
Resolution No. 99-93 to address the maximum lot area problem.
As we discussed, the simplest approach to resolving this problem would be to
move the six thousand square foot maximum lot size limitation from the permitted use
section of the L/TR zone district to the district's dimensional requirements section.
This change would permit the approval of a lot size variance pursuant to the PUD
provisions of the Land Use Regulations. The actual variance, however, would be
granted in connection with City Council approval of Savanah's fmal PUD application.
Assuming this approach, Section 26.710.190.B, of the Regulations (i.e., the
L/TR zone district's permitted uses) would be amended to delete the six thousand
square foot limitation as follows.
"B, Permitted uses. The following uses are permitted as of right in the
Lodge/Tourist Residential (L/TR) zone district:
1. Lodge units;
2, Boardinghouse;
3. Hotel;
4. Multi-family dwellings;
5. Detached residential or duplex dwellings, af'll)' an lats af 6, ggg
S:jU61N! feet ay leS5;
6. Dining rooms, customary accessory uses, laundry and recre-
ational facilities located on the same site of and for guests of
lodge units, boardinghouses, hotels and dwelling units;
7. Accessory residential dwellings restricted to affordable housing
guidelines; and .
8. Accessory buildings and uses. "
In addition, Section 26.710.190.D. (the district's dimensional requirements) would be
amended to include a new maximum lot size requirement as follows.
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Mr. Chris Bendon
July 7, 2000
Page 4
"D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the Lodge/Tourist Residen-
tial (LITR) zone district.
1. Minimum lot size (sQuare feet): 6,000
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bill Minimum lot area oer dwellinl! unit (sQuare feet):
a) Detached residential dwelling: 6,000
b) Duplex: 3,000"
The remainder of existing subparagraph 2, Section 26.710.190.D., would remain as
presently drafted, and existing subparagraphs 3 through 11 would be renumbered as
subparagraphs 4 through 12, respectively.
2. Residential Reconstruction Credit Conversion
Pursuant to condition number 1 of Resolution No. 99-111, which granted
conceptual PUD approval to Lot 5 of the Aspen Mountain SubdivisionlPUD, the City
Council has agreed to allow Savanah to convert its existing thirty-four unused
residential reconstruction credits to lodge development rights based on a conversion
factor of two lodge units per residential reconstruction credit. This conversion
formula will result in sixty-eight additional lodge development rights which are to be
used to develop a new unit hotel on Lot 5 of the PUD.
Savanah presently has development rights for fifty lodge units under the First
Amended and Restated PUDISubdivision Agreement. The addition of the above
conversion rights would result in a total of one hundred and eighteen lodge develop-
ment rights (Le., 50 existing development rights plus 68 conversion rights). Inas- -
much as Savanah's conceptual approval is based upon a one hundred and fifty unit
hotel, thirty-two additional lodge development rights will have to be obtained via the
City's Growth Management Quota System process. While Savanah's 1999 conceptual
PUD application included a request for a lodge GMQS allocation, the City and
Savanah mutually agreed to defer the Planning and Zoning Commission's scoring of
-"",,-~
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Mr. Chris Bendon
July 7, 2000
Page 5
the requested allotment until after the receipt of conceptual PUD approval. As
presently envisioned, this scoring will occur prior to the submission of Savanah's fInal
PUD application.
As no provision presently exists within the Land Use Regulations which would
permit the conversion of residential reconstruction credits to lodge development rights,
condition number 2 of Resolution number 99-111 requires Savanah to work with the
Community Development Department to process a code amendment that would permit
such conversions. To initiate the amendment process, Savanah proposes that the
following GMQS exemption be added to Section 26.470.070. of the Regulations.
"N. Conversion of residential reconstruction credits to tourist accommo-
dations units. The conversion of reconstruction credits derived from the
demolition of residential dwelling units pursuant to Section 26.470. 070.A. 2. to
tourist accommodations units shall be exempt from the growth management
competition and scoring procedures. This exemption is deducted from the
Aspen Metro Area development ceilings established pursuant to Section
26.470.030, Exemption review is by City Council. This exemption shall be
granted only if the following standards are met.
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a. Demolished residential dwelling units shall be converted to
tourist accommodations units at the rate of one tourist accommodations
unit per two residential dwelling units;
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b. Tourist accommodations units obtained pursuant to this exemp-
tion shall only be developed in those zone districts in which lodge and
hotel units are a permitted use;
c, Development of the tourist accommodations units shall be limited
to the same parcel from which the reconstruction credits were derived,
on a contiguous parcel owned by applicant, or within a planned unit
development approved pursuant to Section 26.445.030;
d. Employee housing or cash-in-lieu thereof shall be provided to
mitigate for additional employees generated by the development of the
tourist accommodations units; -
e. The proposed development is compatible with the character of
existing land uses in the surrounding area and with the purpose of the
underlying zone district;
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Mr. Chris Bendon
July 7, 2000
Page 6
f Adequate parking and public facilities either exist or can be
provided for the development; and
g. The proposed development is consistent with the Aspen Area
Community Plan. ..
While the above standards come immediately to mind, they are by no means exhaus-
tive. The staff, P&Z and/or City Council may obviously identify additional review
standards which should be included in the course of their review of this amendment
application.
Review Requirements
Pursuant to Section 26.304.040., amendments to the text of the Land Use Regulations
may be initiated by any person or entity owning more than fifty percent of a property
which is the subject of a development application. Such amendments are reviewed by
the Planning and Zoning Commission and approved by the City Council pursuant to
Section 26.310.040 of the Regulations. The applicable review criteria, and the
proposed text amendment's compliance therewith, are summarized below.
1. "Whether the proposed amendment is in conflict with any applica-
ble portions of this Title."
To the best of our knowledge, the proposed text amendments will not conflict
with any other requirement of Title 26, Land Use Regulations.
2. "Whether the proposed amendment is consistent with all elements of
the Aspen Area Community Plan."
While the Aspen Area Community Plan does not specifically address the
issues in question, the additional flexibility which will result from the proposed text
amendments will facilitate the development of projects which further the objectives of
the Plan.
3. "Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and neighborhood .
characteristics. "
This criteria would appear to apply solely to amendments to the City's zoning
map and is therefore not applicable to the requested text amendments.
....
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Mr. Chris Bendon
July 7, 2000
Page 7
4. "The effect of the proposed amendment on traffic generation and
road safety."
This criteria would appear to apply solely to amendments to the City's zoning
map and is therefore not applicable to the requested text amendments.
5. "Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such public facilities, includ-
ing but not limited to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities."
This criteria would appear to apply solely to amendments to the City's zoning
map and is therefore not applicable to the requested text amendments.
6. "Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment."
The proposed text amendments in and of themselves will have no adverse
impact on the natural environment. As the ability to vary the maximum lot area
limitation for single-family and duplex units, and to convert residential demolition
credits to lodge units, will be at the sole discretion of the City Council, adequate
safeguards have been included in the proposed text amendments to ensure that any
development approved pursuant to these provisions complies with this criteria.
7. "Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen."
This criteria would appear to apply solely to amendments to the City's zoning
map and is therefore not applicable to the requested text amendments.
8. "Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the proposed amend-
ment."
This criteria would appear to apply solely to amendments to the City's zoning
map and is therefore not applicable to the requested text amendments.
9. "Whether the proposed amendment would be in conflict with the
public interest and whether it is in harmony with the purpose and intent of this
Title."
~
Mr. Chris Bendon
July 7, 2000
Page 8
Inasmuch as the proposed text amendments are necessary to permit the
development of Lots 3 and 5 as conceptually approved by the City Council, the public
interest would appear to be appropriately served.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call. Your time scheduling of this application would be sincerely appreci-
ated.
Yours truly,
SV:cwv
Attachments
cc: John Sarpa
Tarek Ayoubi
e:loldclbuslcity ,applapp41000 .ca
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MEMORANDUM
TO:
Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director ....Jft\)
Chris Bendon, Senior Planner ~Wl
Aspen Mountain PUD Code Amendments - Public Hearing
L TR Zone District
GMQS Residential Reconstruction Credit Conversion
FROM:
RE:
DATE:
August 15, 2000
SUMMARY:
Conceptual Planned Unit Development approvals were granted for Aspen Mountain
Subdivision Lot #3 and #5 pursuant to City Council Resolutions 99-93 and 99-111,
attached. Both of these conceptual approvals included conditions that the developer
work with the Community Development Director in processing Land Use Code text
amendments in order to facilitate the development considered in the conceptual
approvals. There are two proposed amendments, described below:
LTR Zone District.
Currently, single-family homes in this zone district are described as an allowed use on
lots of 6,000 square feet or less. The minimum dimension for a single-family lot is
6,000 square feet. In combination, this allows for single-family home to be built only
on lots of exactly 6,000 square feet.
The PUD process allows for the establishment of dimensional requirements but does
not allow for variation in use. This amendment would place both ofthese limitations
in the dimensional section and allows a PUD development review to dictate lot sizes.
Residential Reconstruction Conversion Credit.
The Conceptual PUD approval granted to Savannah Limited Partnership contemplates
the development of a 150 unit hotel to replace the existing Grand Aspen Hotel rather
than residences. The applicant maintains 47 residential reconstruction rights, 34 of
which are intended for the Grand Aspen site. The applicant has also maintained 50
lodge allotments. In order to facilitate the development of a 150 unit lodge, the
conceptual approval contemplated the "conversion" of residential credits to lodge
credits at the rate of2 lodge units per each residential credit. Combining the 50 lodge
allotments and 68 (34 x 2) converted allotments, the applicant would need to compete
for approximately 32 lodge allotments for the proposed 150 unit hotel.
Staff recommends that a recommendation of approval for these two Land Use
Code text amendments he forwarded to the City Council.
1
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ApPLICANT:
Savannah Limited Partnership, Represented by Sunny Vann and John Sarpa.
PREVIOUS ACTION:
The Commission has not previously considered this text amendment application.
Lots 3 and 5 were granted Conceptual PUD approval pursuant to City Council
Resolutions 99-93 and 99-11 I, respectively.
REVIEW PROCEDURE:
Text Amendment. City Council shall, by Ordinance, approve or deny the application
for amending the text of the Land Use Code at a public hearing after considering a
recommendation from the Community Development Director and the Planning and
Zoning Commission made during a public hearing.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The AMPUD
Conceptual approval resolutions have been included as Exhibit "8." The application
has been included as Exhibit "C."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission recommend to City Council
the amendments to the text of the Land Use Code as described in P&Z Resolution 00-
RECOMMENDED MOTION:
"1 move to approve Resolution No 00-_ recommending City Council amend the
text ofthe Land Use Code regarding the L TR Zone District and a GMQS conversion
system for reconstruction credits."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit 8 Resos. 99-93 and 99- I 11
Exhibit C -- Development Application
C:IHOME\CHRIs\CASESIAMPUD _CODE _ AMENDIPz _ MEMO.DOC
2
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL AMEND THE TEXT OF THE LAND USE
CODE SECTIONS 26.710.190 AND 26.470.070
Resolution #00-_
WHEREAS, the Community Development Department received an application
from Savannah Limited Partnership to amend the text of the Land Use Code as
contemplated in the Conceptual Planned Unit Development approvals granted pursuant to
City Council resolutions 99-93 and 99-1 I 1; and,
WHEREAS, the proposed amendments relate to the use and dimensional
provisions of the Lodge Tourist Residential (L TR) Zone District and would add a
conversion process for residential reconstruction credits in the Growth Management
Quota System exemption, both as further described herein; and,
WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department, a recommendation
from the Planning and Zoning Commission made during a duly notice public hearing, and
the comments made by the general public, the City Council may approve, approve with
conditions, or deny an application for amending the text of the Land Use Code based on
the criteria that are set forth in said Section; and,
WHEREAS, the Community Development Director reviewed the proposed text
amendments, as described herein, and recommended approval; and,
WHEREAS, during a regular meeting on August 15, 2000, the Planning and
Zoning Commission, by a _to _ L - ~ vote, recommended City Council amend the
text of the Land Use Code, as described herein.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1:
Pursuant to Section 26.3 I 0 ofthe Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.71 0.190(B) of the Land
Use Code - Permitted uses in the Lodge Tourist Residential (L TR) Zone District _ by
adding and striking language as follows:
B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist
Residential (L1TR) zone district:
I. Lodge units;
2. Boardinghouse;
3. Hotel;
4. Multi-family dwellings;
5. Detached residential or duplex dwellings, aBly aD lots of 6,DDD square
feet or less;
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6. Dining rooms, customary accessory commercial uses, laundry and
recreational facilities located on the same site of and for guests of lodge
units, boardinghouses, hotels and dwelling units;
7. Accessory residential dwellings restricted to affordable housing
guidelines; and
8. Accessory buildings and uses.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.71 0.190(D) of the Land
Use Code - Dimensional Requirements of the Lodge Tourist Residential (L TR) Zone
District - by addine and striking language as follows:
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Lodge/Tourist Residential (L/TR) zone
district:
1. Minimum lot size (squareftet): 6,000.
2. Maximum lot size (square feet):
a. Detached residential dwelIine: 6,000.
b. Duplex: 6,000.
;6.3. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000.
c. Multi-family dwellings: One (I) bedroom per one thousand (1,000)
square feet of lot area, provided that a studio shall be considered a
one (I) bedroom unit.
d. Lodge units: No requirement. Whenever kitchen facilities are
installed in a lodge in the Lodge/Tourist Residential (L/TR) zone
district, such unit shall be deemed a multi-family unit and the
lodge shall be required to satisfy the minimum lot area
requirements for a multi-family dwelling unit as provided in this
Title.
e. Multi-family dwellings on a lot of 27,000 square feet or less, when
at least fifty percent (50%) of the units built on-site are restricted as
affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
3+ bedrooms: One (I) bedroom per 500 square feet of lot area.
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9.10.
f. Multi-family dwellings on a lot of 27,000 square feet or less, when
one hundred percent (100%) of the units built on-site are restricted
as affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
Minimum lot width (feet): 60.
Minimum front yard setback (feet): 10.
Minimum side yard setback (feet): 5.
Minimum rear yard setback (feet): 10.
Maximum heizht (feet): 28.
Minimum distance between principal and accessory buildinzs (feet): 10.
Percent of open space required for buildinf< site: 25.
-Won. External floor area ratio (applies to conforminf< and nonconforminz lots
of record): For detached residential dwellings and duplexes the external
floor area shall be the same as in the R6 zone district. All other uses: I: I.
-l-h12. Internal floor area ratio:
a. Multi-family: No requirement.
b. Lodge, rental space: Maximum of 0.5:1, which can be increased to
0.75:1 internal F.A.R. of lodge rental space provided 33 1/3% of the
additional floor area is approved for residential use restricted to affordable
housing for employees of the lodge.
c. Lodge: Non-unit space: Minimum of 0,25:1.
Section 3:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.470.070 of the Land
Use Code - Exemptions from the Growth Management Quota System - by addin2 and
strilHRg language as follows:
N. Conversion of residential reconstruction credits to tourist accommodations
units. The conversion of reconstruction credits derived from the
demolition of residential dweIlin2 units pursuant to Section
26.470.070(A)(2) to tourist accommodations units shall be exempt from
the 2rowth mana2ement competition and scorin2 procedures. This
exemption is deducted from the Aspen Metro Area development ceilin2s
established pursuant to Section 26.470.030. Exemption review is by City
Council. This exemption shall only be 2ranted if the followin2 standards
are met:
~
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Tourist accommodations units obtained pursuant to this exemption
shall only be developed in those zone districts in which lodge and hotel
units are a permitted use;
Development of the tourist accommodations units shall be limited to
the same parcel from which the reconstruction credits were derived,
on a contiguous parcel owned by the applicant, or within a Planned
Unit Development approved pursuant to Section 26.445;
Employee housing or cash-in-lieu thereof shall be provided to mitie:ate
for additional employees generated by the development of the tourist
accommodations units;
The proposed development is compatible with the character of the
existing land uses in the surrounding area and the purpose of the
underlying zone district;
A7lk~. 6. Adequate parking and public facilities exist or can be provided for the
-,-- Y development; and,
A..M~. 7. The proposed development is consistent with the Aspen Area
~ Community Plan.
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1. Demolished residential dwelling units shall be converted to tourist
accommodation units at the rate of two tourist accommodations units
per each one residential unit;
APPROVED by the Commission at its regular meeting on August 15,2000.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attomey
Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
C:\homeIChrisICASESIAMPUD ~ Code ~ AmendIPZ ~ RESQ,doc
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Exhibit A
Code Amendments
Review Criteria and Staff Findings:
Staff Comments: Text Amendments to the Land Use Code
Section 26.310.020, Standards Applicable to Text Amendments
In reviewing an amendment to the text of the text of the Land Use Code, the City Council and
the Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions
of this title.
Staff Finding:
The two amendments proposed do not represent conflicts with other portions of the Land Use
Code or with the Municipal Code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Community Plan.
Staff Finding:
The AACP does not directly address the LTR Zone District provlSlon for single-family
development. The proposed amendment, however, does not substantially change the allowances
for single-family development in this district. The current and proposed text will allow for
single-family development on lots of exactly 6,000 square feet. The proposed language will
include both the minimum and maximum lot size requirements in the dimensional provisions of
the zone district. This will not necessarily alter what can be developed on an L TR lot but will
allow for the lot size for a single-family home to be established through adoption of a Planned
Unit Development. Staff believed this is in compliance with the AACP.
The residential conversion provision proposed for the Growth Management Quota System will
allow a developer to convert residential allotments to lodge allotments pursuant to a conversion
rate. This provision was contemplated in the Aspen Mountain Conceptual review and was
incorporated into the conceptual approval.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
Staff Finding:
The L TR change will not affect the character of development that is allowed by right. It will
allow a developer to propose single-family residences as part of a PUD, for which neighborhood
compatibility and the character of surrounding areas is contemplated.
The conversion provision in the GMQ System would be subject to a criteria requIrIng
compatibility with the character of the surrounding land uses,
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D. The effect ofthe proposed amendment on traffic generation and road safety.
Staff Finding:
Staff does not believe either of these two code amendments will have any effect upon traffic and
road safety.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities, including,
but not limited to, transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
Staff Finding:
The proposed code amendments will not have impacts upon public infrastructure.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
Staff does not believe these code changes will have any effect on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The L TR change is consistent with the community character and does not represent any significant
change in the development allowed in the zone. A POD application is required to demonstrate
compliance with criteria that address this concem.
The proposed conversion criteria include compliance with community character.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Staff Finding:
This is a criteria for amending the wning map and not applicable to amending the Land Use Code
text.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
The conceptual approval for Lot 3 and Lot 5 of the Aspen Mountain PUD was granted, in part, to
serve the public interest. These approvals clearly included language that contemplated these
amendments and staff believes these code amendments are merely an administrative continuation of
the conceptual approvals. Staff cannot envision any direct or indirect outcome of these code
amendments that could represent conflict with the public interest or with the purposes of the Land
Use Code.
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
"
EXHIBIT 1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072
DATE: 6.27.00
Savannah Limited Partnership Land Use Code Amendment
Sunny Vann. 925.5968
City of Aspen
2 step - Planning and Zoning Commission and City Council
Savannah Limited Partnership was granted Conceptual PUD approval for Lot #3 and Lot #5
of the Aspen Mountain PUD pursuant to City Council Resolutions 99-93 and 99-111,
respectively. Pursuant to Reso. 93, a staff-initiated code amendment is to be processed to
remove the "6,000 square feet or less" provision of the single-family dwelling use. This
will allow for the property sizes to be modified as a dimensional provision of the Rnal
PUD. Pursuant to Reso. 111, the applicant was instructed to participate with staff in
amending the GMQS section of the Land Use Code to facilitate the conversion of
residential credits to lodge room allotments.
Staff believes these two amendments should be processed independent of general
amendments that staff routinely processes to clarify ambiguities in the existing language.
Land Use Code Sections:
26.310 Land Use Code Text Amendment
26.302 Common Development Review Procedures
Staff for Completeness, Community Development Director for recommendation, Planning and
Zoning Commission, City Council.
Yes, P&Z and City Council. Text amendments only require a general notice in the newspaper
which will be handled by staff.
None.
$2,310 (12-hour deposit)
None.
$2,310 (additional hours are billed at a rate of $ 195/hour).
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
1. Proof of ownership and letter signed by the applicant stating representative authorization.
2. Signed fee agreement.
3. Proposed code language for each of the two amendments.
4. Response to the criteria for amending the text of the Land Use Code contained in Section 26.310.
Notes:
. Staff is recommending these amendments be considered separate from general staff initiated amendments.
. From the language in the Resolutions, it appears that both ofthese amendments were intended to be staff initiated.
The applicant has expressed a desire to initiate the amendments and pay for processing the application. City Council
may consider waiving the land use review fees at the applicant's request.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City, The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate, The summary does not create a
legal or vested right.
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EXHIBIT 2
MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE
STATE OF COLORADO BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO DISCLOSES THE FOLLOWING:
GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP:
SAVANAH LIMITED PARTNERSHIP
LEGAL DESCRIPTION
LOT 3 AND LOT 5, ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT,
ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 2, 1985 IN PLAT BOOK 18 AT
PAGE 1 AND AMENDMENTS THERETO RECORDED IN PLAT BOOK 21 AT PAGE 35, PLAT BOOK
22 AT PAGE 85, PLAT BOOK 24 AT PAGE 77, PLAT BOOK 25 AT PAGE 49, PLAT BOOK
29 AT PAGE 71, PLAT BOOK 30 AT PAGE 63 AND PLAT BOOK 30 AT PAGE 69.
COUNTY OF PITKIN, STATE OF COLORADO.
DEEDS OF TRUST AND MORTGAGES APPARENTLY UNRELEASED:
DEED OF TRUST FROM : SAVANAH LIMITED PARTNERSHIP
TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN
FOR THE USE OF ASPEN FINANCINGS, LTD., A CAYMAN ISLANDS CORPORATION
ORIGINAL AMOUNT $70,000,000.00
DATED NOVEMBER 9, 1989
RECORDED NOVEMBER 10, 1989 IN BOOK 607 AT PAGE 176
RECEPTION NO. 317070
LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED:
LIS PENDENS RECORDED APRIL 20, 1995 IN BOOK 779 AT PAGE 111
LIS PENDENS RECORDED SEPTEMBER 26, 1995 IN BOOK 794 AT PAGE 828
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN
ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES,
WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO
AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR
CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY
OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES.
CERTIFIED TO: DECEMBER 21, 1995 @ 08:30 A.M.
~
ORDER NO. 1065
Jun 26 00 01:35p
Vann Associates,LLC
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EXHIBIT 3
June 26, 2000
HAND DELIVERED
Mr. Chris Bendon
Community Development Deparnnent
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Bendon:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, and John Sarpa to represent Savanah Limited Partnership in the
processing of our application to amend the text of Title 26, Land Use Regulations, of the
Aspen Municipal Code. Mr. Sarpa and Mr. Vann are hereby authorized to act on our
behalf with respect to all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly.
SAVANAH LIMITED PARTNERSHIP,
a District of Columbia Limited Partnership
by ASPEN ENTERPRISES INTERNATIONAL, INC.,
Managing General Partner
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by
Mansor Dalaan, President
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Jun 26 00 01:35p
~a~n Associates,LLC
19701 920-9310
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EXHIBIT 4
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and ~H L/N/7B? ;.::r1f7"~-/r
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1, APPLICANT has submitted to CITY an application for -1 7iE:f>(/
-1HL!$lI///--!BI// ~ 7/'7UE Zc; (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3, APPLICAc"lT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICA.1"1T and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANT'S application.
4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required fIDdingS for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICAc"lT shall pay an
initial deposit in the amount of $ which is for _ hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the bil1ing date.
APPLICANT further agrees that failure to pay such accrued costs shall be groWlds for suspension
of processing.
CITY OF ASPEN
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APPLlCA.1'IT
Signature:
Date:
Printed Name:
Mailing Address:
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Community Development Director
City of Aspen
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EXHIBIT 5
RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL
PLANNED UNIT DEVELOPMENT (PUD) APPROVAL FOR LOT 3 OF THE
ASPEN MOUNTAIN PUD, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO
~
Resolution 99-93
WHEREAS, The Community Development Department received an application
originally dated September 15. 1998, then revised and dated March 1. 1999, from
Savanah Limited Partnership, represented by'vann Associates, LLC, for Conceptual
Planned Unit Development (PUD) approval on Lot 3 (also known as the "Top of Mill"')
of the Aspen Mountain Subdivision/Planned Unit Development (hereinafter "AMPUD");
and,
WHEREAS, said March 1, 1999, application generally included the following
proposal for development of Lot 3:
Lot 3, Top a/lv/ill:
. Creation of 8 development parcels and 2 open space parcels, as follows:
., PARCEL I: 51,680 square feet of land containing 2 triplexes (6 free market
dwelling units) with a total of27,000 square feet ofFAR floor area;
., PARCEL 2: 26,520 square feet ofland containing 2 duplexes (4 deed restricted
dwelling units) with a total of7,500 square feet of FAR floor area;
., PARCEL 3: 14,260 square feet of land containing I duplex (2 free market
dwelling units) with a total of 9,000 square feet off AR floor area:
., PARCEL 4: 13,290 square feet of land containing 1 free market single-family
dwelling unit with a total of 6,200 square feet ofF/ill, floor area;
., PARCEL 5: 10,370 square feet ofland containing I free market single-family
dwelling unit with a total of 5,200 square feet ofF.A.R floor area;
., PARCEL 6: 10,380 square feet of land containing 1 free market single-family
dwelling unit with a total of 5,200 square feet ofF.A.R floor area:
., PARCEL 7: 18,920 square feet of land containing 1 free market single-family
dwelling unit with a total of 6,500 square feet of F.A.R floor area;
., PARCEL 8: 18,390 square feet of land containing 1 free market single-family
dwelling unit with a total of 6,500 square feet of FAR floor area;
., OPEN SPACE PARCEL A: 28,740 square feet of land (of which 18,710 square
feet lie within an access rood easement; and,
., OPEN SPACE PARCEL B: 50,230 square feet of land.
. Total of 17 residential units with the potential for up to 7 accessory dwelling
units;
. Total of73,100 square feet of FAR floor area;
. Total of 60,260 square feet of land meeting the City's detinition of "open space;"
and,
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WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for Planned Unit Development (PUD) approval; and,
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
City Council shall approve, approve with conditions, or disapprove Conceptual PUD
approval requests upon receipt of recommendations from staff and the Planning and
Zoning Commission, and after taking and hearing public comment regarding the
proposal; and,
WHEREAS, the Housing Office, the City Zoning Officer, the Roaring Fork
Transit Agency, the City Engineer, the Parks Department. Aspen Consolidated Sanitation
District, the Environmental Health Department, and the Community Development
Department reviewed the Lot 3 proposal and recommended approval with conditions;
and,
WHEREAS, the above referenced application was legally noticed for a public
hearing to be held before the Planning and Zoning Commission on June 15, 1999; and,
WHEREAS, the above referenced application was, subsequent to the conclusion
of the Planning and Zoning Commission hearings, legally noticed for a public hearing to
be held before the City Council on September 27, 1999; and,
WHEREAS, during the fifth continuance of the public hearing, on September 7,
1999 (first meeting on 6/15/99 was continued to 6/29/99, then to 7/13/99, then to 8/10/99,
and finally to 917199), the Aspen Planning and Zoning Commission recommended that
City Council grant Conceptual PUD approval for Lot 3 of the AMPUD with conditions
by a six to zero (6 - 0) vote; and,
WHEREAS, City Council conducted a public meeting, as part of the action item
agenda, on September 17, 1999, then held a legally noticed public hearing, as part of the
action item agenda, on September 27, 1999 which hearing was continued to October 25,
1999, then to November 8, 1999, then to November 23, 1999, and finally to December 6,
1999, at which times City Council received and took into consideration public comments
and the recommendations of the Planning and Zoning Commission and City staff; and.
WHEREAS, after consideration of agency and public comment, the applicable
review standards as contained in Chapter 26 of the Aspen Municipal Code, to wit,
Section 26.84.030 (Planned Unit Development), and the recommendations of staff and
the Planning and Zoning Commission, the City Council finds the proposed Conceptual
PUD plans for Lot 3 (Top of Mill) to be consistent with the minimum requirements and
review standards for Planned Unit Development provided the stipulated conditions of
approval applicable to Lot 3 are met or addressed at final PUD review.
NOW, THEREFORE BE IT RESOLVED by the Aspen City Council:
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Section One:
That the City Council hereby grants Conceptual Planned Unit Development (PUD) approval
for Lot 3 of the Aspen Mountain PUD with the following conditions:
I. This Conceptual PUD approval for Lot 3 shall be fully contingent upon subsequent
rezoning hearings. That is. should the necessary rezoning request(s) be denied. the
applicant would have to come back through the Conceptual PUD process with a proposal
that meets the requirements of the existing zone districts.
2. For the Final PUD application, the applicant will apply to rezone all portions of Lot 3 for
which development is proposed to L1TR(PUD); if this is done, the request to amend
Section 26.40.070, Zoning of Lands Containing More Than One Underlying Zone
District, (as recodified) will be withdrawn.
3. The Final PUD application will contain further information, including a slope
analysis for each subdivided parceL to determine compliance with all applicable zone
district and dimensional requirements. Allowable F ARs for each Lot 3 parcel will be
determined using the proposed allocation method explained in the September 27,
1999 staff memorandum. Unused FAR from Parcels I and 2 may be redistributed
amongst Parcels 3-8. The maximum allowable floor areas will be as follows:
PARCEL NO.
Parcel 3
Parcel 4
Parcel 5
Parcel 6
Parcel 7
Parcel 8
MA.,"GMUM ALLOWABLE FAR
9,000 square feet off AR
6,200 square feet of FAR
5,200 square feet ofFAR
5,200 square feet ofF,,;,R
6,500 square feet ofFAR
6,500 square feet of F ,,;,R
4. The recommendations of the Housing Office and Housing Board with regard to Lot 3, as
contained in the June 4. 1999 Housing Office memorandum to Mitch Haas of the
Community Development Department, shall be adhered to in the Final PUD application.
5, In the Final PUD application, proposed building mass and related impermeable surface
layout will closely conform with the final outcome of the Aspen Mountain Drainage
Basin Master Plan (AlvlDBMP) design and construction criteria. It shall be the
developer's or its successor's responsibility to fully comply with the drainage criteria and
perform within the parameters set forth in the report.
6. Savanah Limited Partnership's (owner/developer) representative agreed to provide
necessary drainage easements and shall continue to provide these easements for safe
conveyance of surface runoff and debris through the site.
7. In the Final POO application, the developer's representative will make necessary
adjustments to building footprints to ensure that the requirements of the AMDBMP and
the above mentioned conditions are met.
8. The City will use the funds put in escrow to study and develop a master plan with design
and construction criteria and utilize the balance of these funds toward implementation of
Page 3 of6
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an interim drainage mitigation project to control runoff to the extent the remaining
escrow funds will support.
9. Savanah shall be responsible for implementation of such on-site drainage improvements
as necessitated by their development and typically required of new developments in the
City of Aspen.
10. In the Final PUD application. the site layout must be such that it will in no way pose a
significant blockage in the natural stream bed or drainage path,
II. The development must comply with the most recent municipal engineering practice
standards and the "Best Management Practices" (BMPs) identified for water quality
control requirements. The existing site must !J,e carefully studied and evaluated to ensure
a proper design and correct selection of BMP(s).
12. The Final PUD application shall include further grading and excavation plans. based on
today's conditions and all parts of the current design concept. with suggested conditions
for development.
13. For the Final PUD application, Savanah shall work cooperatively with the Parks
Department to relocate and replat the Top of Mill Trail, where Savanah further agrees to
have any agreed upon alignment of the relocated trail staked and approved by the Parks
Department. The relocated trail must have a legal description, be shown on the Final
Amended Plat. and be dedicated/conveyed to the City of Aspen Parks Department.
14. With the Final PUD application, plans must be provided for the construction and post-
construction phases of the development in order to further address issues associated with
the grade of South Mill Street.
15. Savanah shall commit, in the Final PUD application. to construct a detached/separated
sidewalk along the South Mill Street frontage of Lot 3, and to plant appropriately spaced
street trees in the area between the sidewalk and the curb.
16. All residential structures will be subject to the provisions of the Residential Design
Standards. When more detailed architectural renderings are submitted in conjunction
with the Final PUD application, staff will conduct the Residential Design Standards
review under the provisions applicable at that time.
l7. For Final PUD. the applicant will further provide design details to reduce the perceived
mass and scale of the triplexes on the Parcel I site.
18. Concurrent with Final PUD review for Lot 3, a general 8040 Greenline Review will be
carried out for the proposed building envelopes, but each parcel will still be subject to a
site- and design-specific 8040 Greenline review prior to its development.
19. The Final application shall include a management plan for demolition and construction
parking, traffic, and noise. and said plan shall consider neighborhood concerns. It is
recommended that meetings with the noticed neighbors be held in preparation of the
management plan required pursuant to this condition.
20. Any and all PUD variance requestS"shall remain outstanding until Final PUD review,
21. That a staff-initiated code amendment that clarifies that lots in the L TR zone district may
be modified through the PUD process by moving the stipulated lot size (6,000 s.f. or
less) for single family and duplex residences to the dimensional regulations. This code
amendment shall be accomplished prior to Final PUD approval.
22. A detailed landscape plan will be required in connection with a Final PUD application.
and staff suggests that the applicant work cooperatively with the Parks Department to
arrive at an acceptable Final landscape plan with regard to selection of species, spacing
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of plantings, and tree removal permit requirements. The applicant further agrees to add
landscaping on the southernmost portion of Parcel 3 to soften the edge between the
development and the ski mountain.
23. Two sets of simulated three-dimensional photographs of the proposed development shall
be provided prior to presentation of the Final PUD application to the Planning and
Zoning Commission. The two sets shall depict summer and winter conditions of the
proposed development. and both sets shall include views of the development from
downtown (i.e., Wheeler Opera House) and from above (i.e., on Aspen Mountain or the
Silver Queen Gondola), relative to the surroundings.
24. The lighting details to be provided with the,final PUD application shall be consistent
with the City of Aspen's recently adopted lighting ordinance or such regulations in effect
at the time of Final PUD submission.
25, Any and all internal driveways and access roads shall comply with all pertinent City
regulations and ordinances,
26. The applicant agrees to investigate the feasibility of instituting Green Building Practices
for all of the buildings on Lot 3, prior to Final PUD.
27, All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
Section Three:
In accordance with Section 26.84,030(C)(I)(b) and (c), Sections One and Two of this
Resolution, as provided above, shall not constitute final Planned Unit Development
approval or permission to proceed with development. Instead, such approval shall
constitute only authorization to proceed with a development application for a fmal
development plan. A development application for final development plan shall be
submitted within one (I) year of the conceptual development plan's date of approval by
City Council, should such approval be granted. Unless an extension is granted by the
City Council, failure to file such an application within this time period shall render null
and void the approval of a conceptual development plan.
FlNALL Y, adopted, passed and approved this 6th day of December, 1999,
ATTEST:
Page 5 of6
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APPROVED AS TO FORM:
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John orcester, City Attorney
G:Jplanningiaspenireso.doclcirycounc/am3conc2.doc
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EXHIBIT 6
RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL
PLANNED UNIT DEVELOPMENT (POO) APPROVAL FOR LOT 5 OF THE
ASPEN MOUNTAIN pun, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO
Resolution 99-111
WHEREAS, The Community Development Deparonent received an application
originally dated September 15, 1998, then revised and dated March 1, 1999, from
Savanah Limited Partnership, represented by Vann Associates, LLC, for Conceptual
Planned Unit Development (PUD) approval on Lot 5 (also known as the "Grand Aspen
Site") of the Aspen Mountain SubdivisionIPlanned Unit Development (hereinafter
"AMPUD"); and,
WHEREAS, said March 1. 1999. application generally included the following
proposal for development of Lot 5:
Lot 5, Grand Aspen site:
. 150 moderately priced, upscale hotel units (132 standard rooms, and 18 suites);
. On-site housing for 12 employees (four one-bedroom units and four studios);
. 8,000 square feet of meeting space;
. 2,750 square feet of restaurant space;
. 800 square feet of bar space;
. 2,400 square feet of kitchen space:
. 500 square feet of accessory commercial space;
. Customary lobby and support spaces;
. 106,780 square feet of external FAR floor area;
. 22,000 square feet of open space (plus an additional 25,000 square feet on Lot 6);
and,
. 106 below grade parking spaces.
i\nd.
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for Planned Unit Development (PUD) approval; and,
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
City Council shall approve, approv~ with conditions, or disapprove Conceptual PUD
approval requests upon receipt of recommendations from staff and the Planning and
Zoning Commission, and after taking and hearing public comment regarding the
proposal; and,
WHEREAS, the Housing Office, the City Zoning Officer, the Roaring Fork
Transit Agency, the City Engineer, the Parks Department, Aspen Consolidated Sanitation
District, the Environmental Health Department, and the Community Development
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Department reviewed the Lot 5 proposal and recommended approval with conditions;
and,
WHEREAS, the above referenced application was legally noticed for a public
hearing to be held before the Planning and Zoning Commission on June 15, 1999; and,
WHEREAS, during the fifth continuance of the public hearing before the
Planning and Zoning Commission. on September 7, 1999 (first meeting on 6/15/99 was
continued to 6/29/99, then to 7/13/99, then to'8/l0/99, and fmally to 917199), the Aspen
Planning and Zoning Commission recommended that City Council grant Conceptual
PUD approval for Lot 5 of the AMPUD with conditions by a six to zero (6 - 0) vote: and,
WHEREAS, City Council conducted a public meeting, as part of the action item
agenda, on September 17, 1999, at which time City Council received and took into
consideration public comments and the recommendations of the Planning and Zoning
Commission and City staff; and.
WHEREAS, the above referenced application was legally noticed for a public
hearing held before the City Council on October 25, 1999 and continued to November 8,
1999 then to November 23, 1999. and finally to December 6, 1999; and,
WHEREAS, after consideration of agency and public comment, the applicable
review standards as contained in Chapter 26 of the Aspen Municipal Code. to wit,
Section 26.84.030 (Planned Unit Development), and the recommendations of staff and
the Planning and Zoning Commission, the City Council finds the proposed Conceptual
PlTD plans for Lot 5 (Grand Aspen site) to be consistent with the minimum requirements
and review standards for Planned Unit Development provided the stipulated conditions of
approval applicable to Lot 5 are met or addressed at Final PliD review.
NOW, THEREFORE BE IT RESOLVED by the Aspen City Council:
Section One:
That the City Council hereby grants Conceptual Planned Unit Development (PUD)
approval for Lot 5 of the Aspen Mountain PUD with the following conditions:
I, This Conceptual PUD approval for Lot 5 shall be fully contingent upon receipt of
the necessary GMQS allotments. Council shall allow the applicant to convert
unused residential credits to tourist accommodation allocations using the
conversion factor of 2.0 lodge units per three-bedroom free market residence. Ail
remaining GMQS allocation needs will have to be earned through the GMQS
scoring and competition procedures.
2. The applicant shall work with staff to process a code amendment to GMQS which
will address the ability to convert residential credits to lodge room allocations.
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3, Recommendations number 1 through 4 of the Housing Office and Housing Board
with regard to Lot 5, as contained in the June 4, 1999 Housing Office memorandum
to Mitch Haas of the Community Development Department, shall be adhered to in
the Final PUD application.
4. The total number of employees to be housed in connection with the proposed l50
room hotel on Lot 5 shall be 40.9 employees. Savanah shall be credited with housing
thirteen (13) employees in the proposed Bavarian Inn affordable housing project
located near 7th and Main St. A minimum of sixteen (16) employees shall be housed
within the proposed Lot 5 hotel, Credit may be obtained for housing the remaining
11.9 employees by any of the following methods. or any combination of methods.
subject to the approval of City Council:
a) the inclusion of additional affordable housing units within the proposed
hotel;
b) the provision of off-site affordable housing provided that they are
located within the City of Aspen or up valley of Brush Creek Rd.; and
c) the conversion of existing free-market units to deed-restricted
affordable housing units,
The method by which the remaining 11,9 employees are to be housed shall be
addressed in Savanah's final PUD application, The floor area of the hotel may be
increased from 106,780 square feet to a maximum of 115,000 square feet
provided that any such increase may only be used for affordable housing
purposes. Any increase in floor area shall also be limited to the building footprint
and height (maximum 45' for the center portion of the structure) approved herein.
5. If any off-site (metro area) housing receives approval. Savanah shall be required
to purchase and make available at all times valley bus passes for all employees not
housed on-site.
6. For the Final PUD and GMQS Scoring and Competition applications: a total of
106 off-street parking spaces shall be provided, including an appropriate number
of parking spaces designated for dedicated use by the on-site employee dwelling
units; and nine (9) spaces in an appropriate location dedicated to Silver Circle Ice
Rink patrons. The remaining spaces shall be available to hotel guests and for
short-term parking for hotel operations.
7, Savanah shall commit to providing a shuttle to and from the airport for the hotel's
customers, and shall make a good faith effort to use an alternative energy source
vehicle for such shuttle purposes.
8. With consideration given to affects on the Tipple properties across S. Galena
Street, Savanah shall move..t,!1e main (guest) parking garage entrance/exit and
passenger drop-off to Dean St. A plan for vehicular and pedestrian circulation
between and amongst the passenger drop-off area. main hotel entrance, and the
parking garage shall be provided (both directions). Said plan shall. at a minimum,
provide an analysis and consideration of: potential conflicts (vehicular-to-vehicle,
vehicle-to-pedestrian, etc.); impacts on neighborhood-wide and site-specific
traffic circulation; visual impacts; signage required; and, enforcement
mechanisms required to make the plan properly and consistently function over
time.
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9. If the exit from the underground garage is to remain on S. Galena Street, it shall
be restricted to employee use only and shall include a means of precluding right
turns out of the garage, and the landscape plan shall maintain a site distance
triangle open and clear to view both to the north and to the south. A plan for
minimizing impacts on neighboring properties from headlights panning across
them shall also be included,
10, The service/delivery area shall be provided with a means of precluding exiting
vehicles from turning left onto South Mill Street. Time limitations for deliveries
shall be set, and a plan indicating how trucks will maneuver to enter the loading
docks shall also be provided. All service/delivery functions shall comply with
regulations currently in effect, as may be amended from time to time,
II. The Final application shall include a management plan for demolition and
construction parking, traffic, and noise. and said plan shall consider neighborhood
concerns. including timelines. Meetings with the noticed neighbors shall be held
in preparation of the management plan required pursuant to this condition.
12. A model and/or simulated three-dimensional photograph of the proposed hotel
relative to the St. Regis and other surrounding structures, with Aspen Mountain in
the back-drop, shall be provided prior to presentation of the Final PIJD
application to the Planning and Zoning Commission,
13. Any and all variance requests shall remain outstanding until Final PUD review,
14, A detailed landscape plan will be required in connection with a Final PUD
application. The applicant shall work cooperatively with the Parks Department to
arrive at an acceptable Final landscape plan with regard to selection of species,
spacing of plantings, and tree removal permit requirements. In order to help
buffer the visual impacts of the hotel structure from the adjoining property to the
south, species for trees proposed along the site's southerly property line shall be
selected to provide mature heights closely approximating the height of the hotel in
this area.
15. The lighting details to be provided with the Final PUD application shall be
consistent with the City of Aspen's recently adopted lighting ordinance or such
regulations in effect at the time of Final PUD submission.
16. In the Final PUD application, proposed building mass and related impermeable
surface layout will closely conform with the final outcome of the Aspen Mountain
Drainage Basin Master Plan (AMDBMP) design and construction criteria. It shall
be the developer's or its successor's responsibility to fully comply with the
drainage criteria and perform within the parameters set forth in the report.
17. Savanah shall be responsible for implementation of such on-site drainage
improvements as necessitated by their development and typically required of new
developments in the City of Aspen.
18. Any and all internal driveways and access roads shall comply with all pertinent
City regulations and ordinances,
19. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to
and shall be considered conditions of approval. unless otherwise amended by a
Board/Commission having authority to do so.
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Section Two:
In accordance with Section 26.84.030(C)(l)(b) and (c), Section One of this Resolution, as
provided above, shall not constitute final Planned Unit Development approval or
permission to proceed with development. Instead, such approval shall constitute only
authorization to proceed with a development application for a [mal development plan. A
development application for final development plan shall be submitted within one (I)
year of the conceptual development plan's date of approval by City Council, should such
approval be granted. Unless an extension is granted by the City Council, failure to file
such an application within this time period shall render null and void the approval of a
conceptual development plan.
FINALLY, adopted, passed and approved this 6th day of December, 1999,
I E. Richards, Ma or
ATTEST:
APPROVED AS TO FORM:
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Jo Trees er, city Attorney
G :/pl ann iogi aspen! reso .docl city councJ ampud5conc. doc
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