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Home My WebLink AboutLand Use Case.415 E Dean St.0065-2004.ASLU ~.. ;' THE CITY OF AsPEN City of Aspen Community Development Dept. CASE NUMBER OO(g5. JoOlf. ,4SL-U PARCELlDNUMBER ;rt36- la-Lf-~'1-00;J..... PROJECT ADDRESS >tOD p;u:x:t:, Or- DEItN sr PLANNER C. HR/5 LeE CASE DESCRIPTION j N suB sr ItN T IA-'L PuD IIMe-ND. REPRESENTATIVE .5CD-rr WR I rc.~ DATE OF FINAL ACTION AOJl1IN ,q..pteeoVltL JD!Ji/::u:JOY CLOSED BY Denise Driscoll .- -- FIe Edt Mo!in I _C_ ,eeS""""" I _ I RootingH_ I !;oodl"'" PMma # Itrei2004ASLU ApilSuite I s,...r-::J Z4> I ~ 1 I i~ ~ ~ I8l I I Pt1rnit Twe , -I Cly M"'M Pemill ~ Rooting 0.....1.... _I ~ S'....I_ D_IINSUBSTANTIAl PUDAMENDMENT <DO BLOCK 0, DEAN ST S_ISCOTTWRITER92&2114 CIockIR........ 0.,.10 r Vitibleontheweb? PflfrMJO; 1 31841 _11M3I2OO4 iI ...._1 .Jl I,sued J .Jl ,""I iI E' 110101lJ2005i Hj:)tes .:..J ..., ~ Iiill (!) I' [!) u.. N....IFOUR PEAKS llC Phone 119701925211. iI ,,,IN_ rOOO S Mill ST PEN CO 91611 ~ .... N....IFOUR PEAKS llC Phone jl97DI92&211. EI ".N....I Cuslul2511B 11000 S Mill ST ElIASPEN CO 81611 I.ende;~ _;.........~l_......l ~:~L_c'-." ~.J .1 _I i Recotd2of.9 o o F D OUR EVE L p o E A K PMEN S T 1000 South Mill SI Aspen CO. 81611 Phone: 970-925-2114 Fax: 970-925-1036 September 13, 2004 City of Aspen - Community Development Director Ms. Julie Ann Woods Aspen, Colorado Hand Delivery RECEIVED SEP 1 3 2004 ASPeN BUilDING DR'ARTMENT RE: Aspen Mountain PUD, Lot 5, requested PUD Insubstantial Amendment Dear Julie Ann, I am writing to request an insubstantial amendment to the Aspen Mountain PUD Lot 5 as described in 26.445.100 A. "PUD Insubstantial Amendments". We are requesting that what was approved in the PUD as three 3 bedroom units along the south side of the Grand Aspen (located on second and third levels of the building - see attached graphic) be changed in to one 4 bedroom unit and one 3 bedroom unit. The net result would be we would go from nine total bedrooms with nine total keys to seven total bedrooms with seven total keys. Our principal reason for this requested change is generally market driven as we have found a larger pool of buyers looking for units sized to accommodate families with children than anticipated. We believe that this request may be authorized by the Community Development Director as a PUD Insubstantial Amendment because it meets or exceeds criteria defined in 26.445.100 A. - addressed below: 26.445.100 A. PUD Insubstantial Amendments. I. It does not change the use or character of the development. 2. It does not increase by greater than 3% in the overall coverage of structures on the land. In fact there is no increase. 3. It does not substantially increase trip generation rates of the proposed development, or the demand for public facilities. In fact it would theoretically result in a minor reduction. 4. It does not reduce approved open space by more than 3%. In fact there is no change. 5. It does not reduce by greater than I % of the off street parking and loading space. In fact there is no change. 6. It does not reduce required pavement widths or rights of ways of streets and easements. In fact there is no change. 7. It does not increase by greater than 2% the approved gross leaseable floor area of commercial buildings. In fact there is no change. 8. It does not increase by greater than 1% the approved residential development of the development. In fact there is no change. 9. It does not represent a change which is inconsistent with a condition or representation ofthe project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. In fact here are no changes to use or dimensional requirements. ""' \./ --. - F 0 U D E V R E L p o E A K PMEN S T . 1000 South Mill 8t Aspen CO. 81611 Phone: 970-925-2114 Fax: 970-925-1036 September 13,2004 City of Aspen - Community Development Director Ms. Julie Ann Woods Aspen, Colorado Hand Delivery RE: Aspen Mountain PUD, Lot 5, requested PUD Insubstantial Amendment Dear Julie Ann, I am writing to request an insubstantial amendment to the Aspen Mountain PUD Lot 5 as described in 26.445.100 A. "PUD Insubstantial Amendments". Weare requesting that what was approved in the PUD as three 3 bedroom units along the south side of the Grand Aspen (located on second and third levels of the building - see attached graphic) be changed in to one 4 bedroom unit and one 3 bedroom unit. The net result would be we would go from nine total bedrooms with nine total keys to seven total bedrooms with seven total keys. Our principal reason for this requested change is generally market driven as we have found a larger pool of buyers looking for units sized to accommodate families with children than anticipated. We believe that this request may be authorized by the Community Development Director as a PUD Insubstantial Amendment because it meets or exceeds criteria defined in 26.445.100 A. - addressed below: 26.445.100 A. PUD Insubstantial Amendments. I. It does not change the use or character of the development. 2. It does not increase by greater than 3% in the overall coverage of structures on the land. In fact there is no increase. 3. It does not substantially increase trip generation rates of the proposed development, or the demand for public facilities. In fact it would theoretically result in a minor reduction. 4. It does not reduce approved open space by more than 3%. In fact there is no change. 5. It does not reduce by greater than I % of the off street parking and loading space. In fact there is no change. 6. It does not reduce required pavement widths or rights of ways of streets and easements. In fact there is no change. 7. It does not increase by greater than 2% the approved gross leaseable floor area of commercial buildings. In fact there is no change. 8. It does not increase by greater than I % the approved residential development of the development. In fact there is no change. 9. It does not represent a change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. In fact here are no changes to use or dimensional requirements. .'"" ........... .....'~ As we are und~ construction and presently building these units right now (as currently approved) a quick response to this request would be greatly appreciated so that we could implement the changes as soon as possible. Thank you for your attention in this matter. <: ~7_~ Scott Writer Four Peaks Development for Grand Aspen Lodging, LLC Cc: Chris Lacroix David Parker SEP-29-2004 WED 03: 14 "11 FAX NO, p, 02 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Apl'eemel~t for Payment orCitv of A:llnr.n Development Annlicatinn Ftt's t:lTYOFASPEN(herdnafterCITY)llnd .. 6t'"'#1",J 11?i1a. L.'IJ.'fi/ll1 . / f LLc... . ... (het'einal\cr APPLICANT) AGREE AS FOl.LOWS: _ I. ./ A~~T hnihmitlctllO CI'I'~ npplicul~Ot. I ~$VQ1 ,;.. PVL) ~ ~-:r- (hcrclnnl\er, TilE PROJF.(;'I'), 2, APPLICANT 1I001"slund" and llsrcc. Ihat City of Aspen Ordinance No, 57 (Serie, of 2000) eslablishes nice structul'e for Lnnd Use f\pplic.o'oltions end the: payment. or nil procossln,C, fees LIf n c.xmdilion prccec.ll.:nt to a determination of <lllpHcntion complet.e1'l.~s. 3. APPLlCAN I' and CITY ag"oc Ihnl becnu,e of (lIC size, o.lure OJ' scopc of the proposed project. it is Tlot possible ~ll thi,~ time Lo ascertain tho liJll extont of the omits involved in rrocessin~ thc application. API'L1CANT nnd CitY lbrther .gre. (hat it i, in Ihe interest orthe pat'Lies thai APPLICANT make payment of nn inItial Jcposit noel to thcrC:lnCf pormit mldilional co~1s to be billed 1.0 ^ !>PLlCAN'I' on a monthly bosjs, APPLICANT i.tgrcc., addi1ion~1 cost!!: m~y l:!e.cruc followln~ their hearings (md!ol' npproytl"'- Al'l'LICANT agrees he will be benefited by retaining SCCt,lcr cll-<h Iiquidi.IY and will m.ke .<l<lilion.] p.yment, upon not111eotlon by .the CITY whcn they nr. necessllf)' :l.$ costs tIre incurred. CITY "srecs II will be beoefited ulrollgh lhe gre.ler ccrttlinty of reeeverlng it, full coslli to pl'oee" APPLICANT'S appllemion, 4, CITY "nd APPl.1CAN r lilnhcr ngree lhot it i, imprnctleablc for CITY .lnITIo complet. procc:ssing or pr~~ent suHicicnt InfoJ'm:llion 10 the rl~nnltl~ Commission and/or City Coullcill0 cnilblc lhe Planning Comtllj~sion and/or City Council lo make legally fl'quircd flndlflgs lor project considcr;ltioll, Imless Currcnl billings arc paid in lilll Pl'ior 10 decision. 5, Thcrefol'O, APPLICANT asr~es th~l in eom:Idl)r:J.lion Oflhc CITY'R waivcr of it~ rlghllo collect full fees pl'ior to tI determinalion of i.lpplicatioll complctL-ne&s, APPf,JCANT 5h:lll pay tln inilial deposit in the t1mountof$ wlllell is lOr ___ hours of COl'rlJn\lnilY DL.'Vclopmclll stafr time, .l1d if aelual recordod ousts exccod tho initial depo.I[, APl'l.ICANT ,h.1I pay additiunal monthly billings to CITY lo rcinlbul"SO the CITY (01' tho processing of the npplicution mcrniouoo abov~ including post nprll'ovnlreview ilt ill'ale of .$20S.00 pew planner hour over the initial dCPO,llit., Sudl periodic f'laYln~n~ .hall be made within 30 d.y, or the billing c1~to, APPl.ICAN'I' further agree' that failure (0 pay such accrued costs shall be.: grounds fOJ' s\lspcnsion of pl'Ocr.,"Ssing. ond ill no case will building pcrmil~ be i.~sued Llntll all costs tl.:i:iocintcd with case processing hnvo been pnld. CITY OJ1 ASPEN AI' ny: Julio Ann Wond' (:ommunlty Devetorlm<1l1 Director 0.'0: /'" 'I. () t/ g: \support\rorms\a;l'flaYlls.doc 6/65/63 Billing Address and Telepll(mc Numbel': Rcmd...d D /_ /) /. . / rt/v- FeAC.;i" ~~ /YAM--r- '1"2-2. c. :>. #f,~I/ 5"~ /P~ U:> 15lbl/ , RETAIN FOR PERMANENT RECORD SEP-29-2004 WED 03:14 PM FAX NO, ...... p, 03 .- Arrl.l('-ANT: A IT ACHMENT 2 -LAND USE APPLlCA liON Name: Location: P"rcelID # (K~;QUIRED) :> I"'~~ ~I- tv1--,~ 1Z-2- L s: /A1.,';/ 5 / ~. Co <j-I(, II q 2- '> 1 Z-II~ /;~~ &~~,{ Ar/t9\. - MIYt/'tJ tol- :J G7~0l Ay~ I~~.;/'j Lt-c ;1--2 c :; . ft1 /II 51-, /7:3/lPt- Phoncil: q2-") 211'/ ' , TYPI!: OIr AI']'I.ICATlON: (please check all that apply): R~P/{)';Sl:.l~T^TIVF.: Name: Address: Phone #: l'nOJECI': Name: Address: 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic T)ovt, 0 Special Review 0 Final PUD (& rUD Amendmc01) 0 Final Historic Dcvelopment 0 De.<igll Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotmcnt 0 Pinal SI'A (& SPA AmendmCJ1t) 0 lii.\lOric Demolition 0 GMQS Exemption 0 Subdivision 0 llistorie I.k,ignation 0 ESA - 8040 Grecnline. Stream 0 Subdiv islon o,:xemptian (includes 0 Small Ladgc Conversion! Margin, 111111am Lake Hluer. condaminiluni>Jltion) Expansion Mountain View Plnne 0 Lot Split 0 Temporary Use o Other: 2.'. <.f'4-$. 100 0 Lot Lino Adjustment 0 'rextlMap Amendment 'PCJD L....."r.....h.."'..f....1 A-~ V\I.Lo +- EXISTI~C;(:ONDI'l'lONS: (desen IR 4MI..,I.ct~ r PROI~)SAL: (deseri lion of proposed buildjn S, uscs, ffiexlificutia,,<, etc.) VI1 ( 4 !-bve you attached the fonawin~? Flms Dim: s 5"~t.. 00 o Pre-Application Conference Summary o A tlachment #1, Signed Fee Agreement o Response to Allachment #3, DimeIJ.,ionnl Requirements Form o Response 10 Attachment #4, Submittal Requirements- Including Written Responses to Revicw Standards All pluns thatare larger than 8.5" X ll" must be lidded nnd 8 lIoppy disk with 8n el",I'onic copy ofnll written text (Microsoft Wonl Formal) must be suhmilled 'IS part of the "pplication. RETAIN FOR PERMANENT RECORD ,.,.... MEMORANDUM TO: Joyce Allgaier, Interim Community Development Director FROM: Christopher Lee, Planner RE: Aspen Mountain PUD Insubstantial Amendment DATE: October 14, 2004 ~QCcz\ JDilrdlY)-ld,,-\-I-r'\ 'OOJ. SUMMARY: Four Peaks Development is applying for an insubstantial PUD amendment to be applied to the Hyatt Grand Aspen development (400 block of Dean Street). Specifically, the Applicant is requesting that the three (3), three-bedroom units on the second and third levels of the south side of the building be changed into one three (3) bedroom unit and one four (4) bedroom unit (floor plan attached as Exhibit "8"). The applicant states that this application' is being pursued primarily due to a higher demand for units that can accommodate families than was initially expected. ApPLICANT: Four Peaks Development - Scott Writer LOCATION: 400 block of Dean Street ZONING: PUD REVIEW PROCEDURE: The Community Development Director, pursuant to Land Use Code Section 26.445.100, Planned Unit Developments, may approve insubstantial amendments to an approved PUD. STAFF COMMENTS: Statf believes that this request is in keeping with the overall PUD concept approved for this property. It doesn't change the foot print of the development and instead of altering the PUD development concept, it actually allows for more diversity of unit types to better meet demand. It will still function as a fractional ownership system with rental options. In reviewing the Applicant's request, Staff feels that the application meets the requirements for approving an insubstantial amendment to an approved PUD. (see Exhibit A) RECOMMENDATION: Statf recommends that the Community Development Director approve this Insubstantial PUD Amendment to allow for the proposed unit changes of the Hyatt Grand Aspen on Lot 5 of the 400 block of Dean Street from three (3) three-bedroom units to one (I) four- bedroom unit and (I) three-bedroom unit. I ApPROVAL: I hereby approve this Insubstantial Amendment to the Hyatt Grand Aspen/PUD allowing for a reconfiguration of the South side of the structure on the 400 block of Dean Street from three (3) three-bedroom units to one (1) four-bedroom unit and (1) three-bedroom unit, with the following condition: That the applicant, within thirty (30) days of this approval and at his own expense, anange with the City Clerk for this approval document and accompanying exhibits to be placed in the records of the Pitkin County Clerk and Recorder. '2c~er,~unity Development Director 10/2-1'-104- Date . ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Floor Plan with units to be changed 2 Exhibit A Review Criteria & Staff Findings Insubstantial PUD Amendment. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director if the following review standards are met. 1. A change in the use or character of the development. Staff Findine:: The development will still function as a fractional ownership with rental options. StafT finds that there will be no change in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Findine:: The change in unit layout is contained within the build foot print as approved in the original PUD. Staff finds this criterion not to be applicable to this proposal. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand jor public facilities. Staff Findine:: Trip generation should not be increased. There may actually be a minimal decrease due to the reduction of units from three (3) to two (2) and rooms from (9) nine to (7) seven keys. 4. A reduction by greater than three (3) percent of the approved open space. Staff Findine:: There will be no reduction of open space. Staff finds this criterion not to be applicable to this proposal. 5. A reduction by greater than one (1) percent of the off-street parking and loading .\pace. Staff Findine:: There will be no changes to parking and loading space. Staff finds this criterion not to be applicable to this proposal. 6. A reduction in required pavement widths or rights-of way for streets and easements. Staff Finding: The Applicant is not proposing changes to right-ot:way widths. Staff finds this criterion not to be applicable to this proposal. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding: There will be no change. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: Residential density of the development won't increase; it will actually be slightly reduced. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: Staff believes that this reconfiguration of interior space isn't significant enough to require a variance and that it is not inconsistent with a condition or representation of the original approval. The change actually allows the development to meet a more varied demand and clientele. As such, Staff finds this criterion to be met. ~ """,,.",' Hyatt Grand Aspen Insubstantial PUD Amendment Graphic Current Conditions (3 units) - September 13, 2004 Alpenblick SECOND LEVEL Alpenblick THIRD LEVEL Exl ib;\- D II Unit Area 3: S::' ~ ro :!. Unit Area 3: S::' ~ ro :!. ,:,.. 130 S. Galena 31. Aspen CO 81611 (970) 920-5090 . (970) 920-5439 FAX www.aspenpitkln.com Aspen Community Development Department Fax To: From: Fax: Pages: Date: Re: :'>-'\ \ ee: A;n ..N.A o Urgent 0 For Review 0 Please Comment 0 . Comments: 21vo'0- . " ~ '. 1kv~ crt; \1L \vIo k-~ J IM~~~ (Y\ Ylt.. f~" ,T:t 'fO-^ vJ(Y\cA \:u., V"'O~ cAc/'\-c., ~ .~ h C\~ CMeA \~ V-~ C'\W\"v.\-"o'\.j ~QJ\ ~ CAVUm ~"':' CA\- 'wJJ. ~~\\~.y\. \D<<\) C:)Vfb/I1I/(I'p,'\I\-r\CW\r{"'~, \.A-N\. \iw- ~Ab'y ~\~ ~vr ~ ~~("\ &- 6~t-~, ~W()J(/\\o vrYL. '^ J~t>\- & ~ 5~b" ~ ~)L Q\roA\c:A b0 V"'CAcAL. QJ\'r to ~ ~(fY')f;\;\~V\ ~lA^~ J)~~oplMU\\- J)~~>r, ~\~~ \~ W\G lU\o..J :y ~O-A ~J't." (jI~\ erN 1l-\'o~ wd) -t')rf\51 r \ ^ f ~ "-) l..-fL./ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Pavment of City of Asnen Develooment ADDlication Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when 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 findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Julie Ann Woods Community Development Director Date: Billing Address and Telephone Number: Reauired g: Isupportlformslagrpayas.doc 6/05/03 -<"'''..... io"J ATTACHMENT 2-LAND USE APPLICATION ApPLICANT: Name: Location: (Indicate street address, lot & block nwnber, legal description where appropriate) ParcellD # (REQUIRED) REPRESENTATIVE: Name: Address: Phone #: PROJECT: N aIre: Address: Phone #: TYPE OF ApPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use 0 Other: 0 Lot Line Adjustment 0 Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) I Have yon attached the following? FEES DUE: $ o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #3, Dimensional Requirements Form o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" mnst he folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be snbmitted as part ofthe application,