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Home My WebLink AboutLand Use Case.777 Ute Ave.0002.2005.ASLU' ' ' ....-. Â£ 1 V %- 1 i ~4 F 1 UD .Cll.E ALU!i.U Li L ' Case 0002.2005.ASLU - L I f 4 J 4.3 ri rt 3," 7 0 4 h 1 4 1 7 ./ THE CITY OF ASPEN City of Aspen Community Development Dept. CASE NUMBER 0002.2005.ASLU PARCEL ID NUMBER 2737-18-2-39-001 PROJECT ADDRESS 777 UTE AVE PLANNER CHRISTOPHER LEE CASE DESCRIPTION FINAL PUD AMENDMENT fil REPRESENTATIVE ALAN RICHMAN 920-1125 DATE OF FINAL ACTION 1/21/2005 CLOSED BY Denise Driscoll 4 MEMORANDUM TO: Chris Bendon, City o f Aspen Community Development Director FROM: Chris Lee. Planner RE: Insubstantial PUD Amendment - 777 Ute Avenue DATE: January 3,2005 SUMMARY The 777 Ute Condominium Association, represented by Alan Richman Planning Services, requests an insubstantial amendment that would permit each of the unit owners to enclose certain exterior decks/ratios if so desired. BACKGROUND 777 Ute Avenue received final approval from the City of Aspen in 1988. The project was not initially designated with PUD zoning. The application process for the structure required subdivision approval and a growth management allotment. In 2001 the property was rezoned to LTR/PUD. During that year, as part of the overall rezoning of the Aspen Alps, the property was designated LTR/PUD pursuant to Ordinance 28, Series of 2001 (Exhibit B). This Insubstantial Amendment application was initiated when a current member of the 777 Ute Condominium Association queried about the possibility of enclosing his deck. The Condominium Association determined that instead of simply addressing that specific request, it would seek an insubstantial PUD amendment that would address each potential request to enclose decks/patios that may arise in the future. It was determined in the pre-application meeting between Alan Richman and Staff that the application could be done as an Insubstantial Amendment because the structure is currently under the allowable FAR threshold and the additional square footage created by the proposed deck enclosures, would not push it above the allowable FAR level. STAFF FINDINGS Staff finds that the standards of review for an Insubstantial PUD Amendment have been met (see Exhibit A). The Applicant has proposed that a total of twenty three (23) decks/patios on three levels be included in this Insubstantial Amendment. Those are represented on the included floor plans and elevations (Exhibit D) by the amount square footage would be increased if enclosed. The Applicant is only allowing said enclosures on the back side of the building where they won't alter the character of the structure. Staff has prepared the following table to illustrate how many decks/ratios could potentially be enclosed on each level and each unit, as well as the total increase in square feet to the building size: Unit # Main 2nd Level* 3rd Level* Total # Total Sq. Level* Decks Ft. 1 69 - 79 89 3 237 2 58/108/108 3 274 3 42-42-47 42/42/47/69 7 331 4 62 62/62 3 186 4A 82 1 82 5 62 62 2 124 5A 82 1 82 6 82 62 62 1 206 Grand Totals = 520 465 537 23 1522 * Square feet of each enclosed deck/patio If all twenty three (23) decks/patios in the above chart were enclosed. the additional square footage would not increase the total building square footage to a point that would exceed the allowable FAR. Currently the square footage of the structure is 19,775 sq. ft. and that would be expanded to 21,297 sq. ft. with full build-out. The lot size is 21,474 sq. ft. Given that the L/TR zone district allows for a 1:1 floor area ratio, the allowable FAR is 21.474. The total FAR with all designated decks/patios being enclosed would be 21,297 sq. ft., which is still below the allowable level. Allowing the enclosure of these small deck areas will not significantly affect the character of the structure. It will allow for all residents at 777 Ute Ave. to utilize the deck space either as exterior or exterior at their discretion, and will alleviate the burden on Staff of potentially dealing with separate applications in the future. Therefore, Staff finds that all standards for review for an insubstantial amendment have been met and that there is a community interest for providing said amendment. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby amend the PUD for 777 Ute Avenue to allow for the enclosure of existing deck spaces finding that all standards for review have been s a community *190148960 interest for providing such an amendment. JAN 0 4 2005 OOMMUNHYDEVELOPMNVTDIHEGTOR Or'YOPASPER-r Chris Bendon, Community Development Director Date . ATTACHMENTS: Exhibit A - Review Criteria and Staff Findings Exhibit B - Ordinance 28 (Series of 2001) Exhibit C - Letter of Request Exhibit D - Floor Plans and Elevations Exhibit A Review Criteria & Staff Findings Insubstantial PUD Amendment. Per Section 26.445.100 of the Land Use Regulations, 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: l. A change in the use or character of the development. Staff Finding: The use of the development will not change. There is potential concern about a change to the character of the structure by enclosing the decks (by a reduction to the amount of positive and negative space on the building exterior). However, the elevations indicate that the character of the building won't change significantly. Especially since only the decks on the back side of the building (South and West sides) are included in this application. The appearance of the building, for the vast majority of people that approach it from either Ute Avenue or Original Street, will change very little. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: The deck enclosures will all be contained within the building foot print as it now exists. The applicant seeks only to enclose existing spaces, hence there will be a zero (0) percent increase of the overall coverage o f the structure. Staff finds this criterion to be met. 3. Any amendment that substantially increases trip generation rates Ofthe proposed development, or the demand for public facilities. Staff Finding: Trip generation will not be increased since these enclosures will not create additional bedroom space that would increase the numbers of tenants. Staff finds this criterion to be met. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding: There will be no reduction of open space. Staff finds this criterion to be met. 5. A reduction by greater than one (1) percent of the off-street: parking and loading space. Staff Finding: There will be no changes to parking and loading space. Staff finds this criterion to be met. 6. A reduction in required pavement widths or rights-ot-way for streets and easements. Staff Finding: There will be no change. Staff finds this criterion to be met. 7. An increase of greater than t-wo (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding: Not applicable to this residential building. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: Residential density o f the development won't increase. Staff finds this criterion to be niet. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting afurther 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. Staff finds this criterion to be met. Ex*4 8 ORDINANCE NO. 28, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PROJECT PRESENTED BY THE ASPEN ALPS CONDOMINIUM ASSOCUTIONFOR A CONSOLIDATED PLANNED UNIT DEVELOPMENT, REZONING, SUBDIVISION AMENDMENT, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR LOT 2B OF MOSES LOTSPLIT AND A REZONING OF THE LANDS WHICH INCLUDE LOT 2B, THE j00,400, AND 700 BUILDINGS OF THE ASPEN ALPS, AND SURROUNDING LANDS OWNED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION, WHICH ARE CURRENTLY ZONED EITHER R-15 PUD OR CONSERVATION TO LODGE / TOURIST RESIDENTIAL PUD (L/TR PUD)TTIE ASPEN ALPS CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-56-004 WHEREAS, the Community Development Department received an application from the Aspen Alps Condominium Association (Applicant). represented by Alan Richman, requesting land use approvals for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption for the construction of 3 employee-housing units and a two level sub-grade parking garage. The property on which the construction is proposed to occur is described as Lot 2B of the Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps Condominiums; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, Parks, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for Lot 2B of the Moses Lot Split including a consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300,400, and 700 buildings of tile Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PED (L/TR/PUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; and WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval, by an unanimous vote o f six to zero (6 - 0), to the Planning and Zoning Commission to approve the proposed three affordable housing units for the employees of the Aspen Alps Condominium Association; and WHEREAS, the City of Aspen Planning and Zoning Commission forwarded a recommendation of approval, by an unanimous vote of five to zero (5 - 0), to the City Council to approve the consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300,400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, 11- - 1111 JIll 11 Z 111 - 1 1 1 li lli lilli 1 Hill 02/08/2002 11:51Â¢ 463766 Page: 1 of 7 SILCIA DHVIS PITKIr CC_FT-, CD R 35.00 D 0.00 which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the City of Aspen / Pitkin County Housing Authority, the Aspen Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a duly noticed public hearing on August 27,2001; and, WHEREAS, the Aspen City Council acknowledged Ordinance 31, Series 1992, which placed certain conditions on the future development of Lot 2B including: a. Thefloor area, bedroom and density attributed to Lots 2A and 28 shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density Of existing or future Aspen Alps Condominium Units; b. No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 28. And after reviewing the proposal for the addition of three Affordable Housing units on Lot 2B, as part of this development, is in the best interests ofthe City of Aspen to modify Ordinance 31, Series 1992 regarding the addition of the three Affordable Housing units on specifically on Lot 2B; and, WHEREAS, Ordinance 28, Series 2001 shall effectively modify Ordinance 31, Series 1992, which placed certain conditions on the future development of Lots 2A and 2B and shall only apply to Lot 2B; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council, by a vote of five to zero (5 - 0), hereby approves a consolidated planned unit development, rezoning for the lands which include Lot 28, the 300,400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association to L/TR PUD, the subdivision amendment, and growth management quota system exemptions for the construction of 3 employee- housing units and a two level sub-grade parking garage on Lot 2B of the Moses Lot Split, City of Aspen; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion o f public health, safety, and welfare. 1111 1-1 -lil i Ill 11* 11 lilli lilli 11111111 463766 Page: 2 of 7 02/08/2002 11 :516 SILVIA DAVIS Fi-KIN COUNTY CO R 35.00 D 0.00 NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the request for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption, are approved for the construction of 3 employee-housing units and a two level sub-grade parking garage located on Lot 2B; the 300,400, and 700 buildings o f the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential are hereby rezoned to L/TR PUD, City of Aspen with the following conditions: 1) That the Applicant shall provide full accessibility to the tennis courts located on top o f the garage and that all bathrooms and o ffice and laundry rooms require full accessibility as required by the City of Aspen Building Department; 2) That the Applicant shall designate specific parking spaces in the garage for the deed-restricted affordable housing units; 3) That the Applicant shall submit the following plans to the Engineering Department for approval prior to application for building permit: > Construction Traffic Maintenance Plan 1 Construction Erosion Control Plan > Drinage and Dewatering Mitigation Plan > Noise and Dust Control Plan > Soils report > Full set of construction plans 4) That the Applicant shall, prior to excavation, conduct two bores on the Southeast and Southwest corners of the proposed parking garage to determine the level of groundwater. If groundwater is encountered within the proposed excavation, a plan detailing how it will be diverted to the nearby mine drainage ditch is to be submitted to the City of Aspen Water Department for approval; 5) The Applicant shall agree that if seasonal water, groundwater, or dampness is encountered during excavation, the applicant will need to employ extra measures to make sure the proposed affordable housing units do not have mold or mildew problems. The Applicant shall agree to consult an engineer if this is the case; 6) That the Applicant shall conform to the approved dimensional requirement s for Lot 2B as stated in Table l below: l ili.lilli 1111-lili ..Ii'11'1111 lilli lili'111 0Z/08/2002 11:51[ 463766 Page: 3 of 7 S LV.A DAVIS PIE:IN COUNTY CO R 35.00 D 0.00 Table 1. Dimensional Requirements Comparison (units measured in feet or square feet) Ell 1 1 1.1 4~1 1 -1-1,1114% 1 H 11 1 :11'M= 1 1 1 1 1 11 0111 11 11111*1111 11 P.lilli 1 1 111181 ht,1 1.1 1411111 - I. hi~ M,Inamum Lot Size 6,000 35,327 35,327 Min- Lot'-Area 1 - 1 bedroom / 1,000 sq. 5 proposed bedrooms N/A ~ Dwelli'14 UArt*- '3 ft. on 35,327 sq. ft. Minimom Lot" 60 feet 197 feet 197 feet i *Mth 1 44 1 ~ Minimum' Front b Yard MI':AL ~'4II'l~1~t'11 ' il,#'ill 10 feet 12 feet 12 feet Miftimdm' Side' ' "' 15 (west side) 15 (west side) 1111111 7 1 1 5 feet Y arcl , 111 1 11, 111 1,1 20 feet (east side) 20 feet (east side) MimmUm Rea'r ''id 1-lilli '11 1 -- 11 ",4 10 feet 10 feet 10 feet Yard , 1 1 1,1 1 119Ia,irn um Height ~' 1 28 feet N/A N/A 1 Min Distance , 411]1(1 1 bktwee'n Buildihgs 10 feet N/A N/A 1 061* lot 1 1 111111-'lilli. . 1 Min~-Pertdnt of , 25% 17.5% 17.584 Opdn *pacd''DI +Fil I Allowable E*ternal N/A 0.20:1 (7,065 sq. ft.) 1:1 ~ FAR '' 16.!" 1 111 41,11'h - 1 1 - 11 1 "Fltl lilli lilli 2 spaces per two 5 Spaces in the garage ~ *'~FF&"~ ti, per one bedroomunit 1 1 11 42.41 1 bedroom unit; 1 space N/A will be devoted to the three units 7) That the Applicant shall be required by the City of Aspen Environmental Health Department to have the Aspen Alps management notify its contractors about City ordinances prohibiting vehicle idling for more than five minutes, and not starting construction work before 7 am; 8) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the Environmental Health Department prior to the application of building permits. In addition, the Applicant is aware that there are no special regulations pertaining to movement of mine tilings iii any area of the County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. Therefore, the Applicant shall require their contractor to keep all mine-related soils damp at all times as a dust suppression measure to prohibit the release o f particulates into the air. The Applicant shall contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the Applicant shall contact this office before moving soils off the site. The Applicant shall , consult with the Environmental Health Department once they have soils test 111111 li lli Il illi 111111 lillilli lili lili 463766 Page: 4 of 7 02/08/2002 11:51# 6 SILVIA DAVIS F.-KIN COUNTY CO R 35.00 0 0,00 results. Finally, the Applicant shall maintain constant dialogue with the Environmental Health Department and include them as a monitor during the excavation ofthe soils for the project. 9) That the Applicant shall be aware that the Director of the Environmental Health Department my require any person undertaking to conduct activity or development within the site to test any soil or material to establish it's total lead (Pb) content. All testing shall utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to Ordinance 25, Series 1994). 10) That the Applicant agrees to provide the Aspen Parks Department with an excavation plan that indicates how the proposed excavation will take place for the project; 11) That the Applicant shall provide the City Parks Department with all excavation and landscaping plan for their approval prior to the application of building permits that includes protection techniques to be employed in the areas marked "trees to be saved ifpossible" on the current landscape plan. If the spruce trees on the adjacent property directly to the south (along the fence) that are not marked on the site plan are damaged during excavation, the Applicant agrees to replace all the trees damaged at the Applicant's expense; 12) That the Applicant shall file an appropriate deed restriction agreed to by the City of Aspen Attorney with the City of Aspen / Pitkin County Housing Authority prior to the issuance of building permits and the Applicant shall conduct a site visit and tour o f the three employee units with the City of Aspen / Pitkin County Housing Authority Staffprior to the Certification of Occupancy; 13) That the Applicant shall draft a modified subdivision agreement that shall include the decision by City Council to amend the current restictions associated with Lot 28 of the Moses Lot Split and the subject of this application and present it to the City of Aspen Attorney for approval and shall have this document recorded with the Pitkin County Clerk and recorders office; 14) That the Applicant understands that the existing restrictions on Lots 2A and 2B continue after the rezoning occurs. The Applicant agrees the deed restrictions will not be dissolved by the rezoning; 15) That the Applicant amends the plan to provide better access from the employee units to the parking spaces in the garage. Specifically, the Applicant shall add a garage access door from the walk around patio in front of the employee units to the top level of the garage where space 41 is currently proposed. Parking spaces for the employee units shall be required to be dedicated as close to that access door as possible; 1111111111111111111111111111111 02/08/2002 11:5lf 463766 Page: 5 of 7 SILVIA C.ViS PITKIB X.AT'r CO R 35.00 0 0.00 16) That the Applicant utilize a color treatment such as earth tones for the employee units so that they are effectively blended into the hillside; 17) That the Applicant shall not operate a dry cleaning service in the laundry facility proposed in the sub-grade garage; 18) That no night time lighting be installed for the tennis courts located above the sub-grade garage; 19) That the Applicant agrees that only Aspen Alps associated vehicles be permitted to use the garage. Specifically, those would be vehicles of the unit owners, visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps fleet vehicles; and 20) That the Applicant has agreed to begin and conduct the excavation for the project only between October 1 and May 30 of the year(s) of construction of the project; 21) That the Applicant agrees to file for recordation a Final Plat / Plan PUD / Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's Office within 180 days of approval by the City Council indicating all current improvements and conditions of approval for the entire Aspen Alps property as described herein; 22) The Applicant shall convey an undivided fractional interest (one tenth of 0.01%) in the ownership of deed restricted affordable housing units to the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. The Applicant may submit an alternative option to satisfy the rent control issue acceptable to the City Attorney. 23) The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership ofthe deed restricted affordable housing units. Section 2: The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the Community Development Director to reflect rezoning of the lands which include Lot 2B, the 300,400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TR/PUD). Section 3: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby 1,iilli lilli 1 -Ial nkiii||i lilli ii 02/08/2002 11:5lf 463766 Page: 6 of 7 SILLIA [AVIS PITEF C:-b 'Y C) R 35.00 D 0.00 incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City '9,gi*jl of the City of Aspen on this 23rd day ofJuly, 2001. 1 1 0, A 2 ...: 4, .1, -2 â‚¬-2 Attest: fi,. sf>*41-2 94Â£ 12 144 ~:<K*liryn S. ~*ch, City Clerk Hâ‚¬ied'K;lin Â®aKÂ¢A~, Mayor tklb~8'10>/ */5,"M FINALLY, adopted, passed and approved this 27th Day ofAugust, 2001. r P I v L.eM/,74/7-f :. Kathryn S..~*h, City Clerk ,/,Bfen#lt lia~trud, Mayor %2 -'* r#Â£,6*RADO,Â·/ 1%42? 0.1.-21.1 i '' 0 1441, .. 1. ~42421*oven as to form: CZAto neâ‚¬ Ass 04!iWWoredktor, Cityr Attorney im t i mi litill i I ilit iliz lilli u il 02/08/2002 11 :5lfÂ· 463766 Page: 7 of 7 SILVIA DAVIS FI-KIA CLATY CO R 35.00 D 0.00 M ' i ~ 1 , 4-44 ''p .... 94 Exk,bit C ,414* 2240*a,0 PIt* Sewided, -- Ea,0 3613 A4*â‚¬4$, 1210*zi, 21612 140.td'?<u (970)920-1 125 4'tu440,40,@40*'ta. â€¢â‚¬t December 29, 2004 Mr. Chris Lee, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: INSUBSTANTIAL PUD AMENDMENT FOR 777 UTE AT THE ASPEN ALPS Dear Chris, This is an application for an insubstantial PUD amendment for the project known as 777 Ute at the Aspen Alps. The project is located at 777 Ute Avenue, and is part of the Aspen Alps. The complete legal description of the property can be found on the recorded condominium plat, which is included in this application package. The purpose of this application is permit each of the unit owners to enclose certain of the decks on the exterior of their unit. The decks that are proposed to be enclosed are identified on the floor plans that are included in this application package. Exterior elevations showing how the units will appear after the enclosures are completed have also been provided. This application is being submitted by the 777 Ute Condominium Association, the owner of the property (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #1, a letter from the Condominium Association's legal counsel. Authorization for Alan Richman Planning Services to represent the Condominium Association for this application is provided by Exhibit #2. We held a pre-application conference with you on December 16, 2004 and you provided us the attached Pre-Application Conference Summary Form (see Exhibit #3). This document confirms that the following land development approvals are required by the Aspen Land Use Regulations to accomplish this project: Insubstantial PUD Amendment, pursuant to Section 26.445.100 A. The applicant also seeks Vested Rights for the project. The following section of this application identifies the standards of the Aspen Land Use Regulations that apply to these procedures and provides a response to each standard. Â¥ Mr. Chris Lee December 29, 2004 Page Two Insubstantial PUD Amendment Section 26.445.100 of the Land Use Regulations authorizes the Community Development Director to approve an insubstantial amendment to an approved final PUD plan. It also provides that in the absence of an approved PUD plan, a survey of existing conditions may be used to evaluate the extent of the proposed change. 777 Ute Avenue received final approval from the City of Aspen in 1988. The project was not designated as a PUD at that time, and only required subdivision approval and a growth management allotment. Subsequently, as part of the overall rezoning of the Aspen Alps in 2001, the property was rezoned to LTR/PUD pursuant to Ordinance 28, Series of 2001. The applicant has completed an evaluation of existing conditions as part of this application. This analysis confirmed that the lot area of the property is 21,474 sq. ft. and determined that the existing improvements consist of 19,775 sq. ft. of floor area. Since the L/TR zone district permits a 1:1 floor area ratio, the property's maximum allowable floor area is 21,474 sq. ft. Therefore, the project has 1,699 sq. ft. of floor area remaining to be built. The applicant proposes to develop approximately 1,511 sq. ft. of fioor area by enclosing the designated decks. Therefore, there will still be approximately 188 sq. ft. of floor area left for development after this project is completed. The standards for review of an insubstantial PUD amendment can be found in Section 26.445.100 (A) of the Aspen Land Use Regulations. It identifies 9 circumstances which shall not be considered an insubstantial amendment. Following are the applicant's responses to each of these provisions: A. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Response: Enclosing the decks will not change the character of 777 Ute Avenue. The elevations clearly demonstrate the minimal change that will come from this activity. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Response: The replacement will not increase the overall coverage of structures on the property, since the decks already exist and are simply being enclosed. Mr. Chris Lee December 29, 2004 Page Three 3. Any amendment that substantially increases trip generation rates Of the proposed development, or the demand for public facilities. Response: Enclosing the decks will have no effect on trip generation or the demand for facilities. 4. A reduction by greater than three (3) percent of the approved open space. Response: No change in the approved open space is planned. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Response: No change in the approved parking is planned. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Response: No changes to any street or easement are planned. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Response: This is not a commercial building, so this is not applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. Response: No change in the approved residential density is planned. 9. Any 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. Response: To the best of the applicant's knowledge, this proposal is not inconsistent with any condition or representation of the original approval. It does not require any variation to be granted. Vested Rights Pursuant to Section 26.52.080 of the Aspen Land Use Regulations, the applicant hereby requests that this development be granted vested rights status. Mr. Chris Lee December 29, 2004 Page Four Conclusion In summary, the applicant has submitted all of the materials requested during the pre- application conference. We have responded to the applicable standards of the Aspen Land Use Code and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, we will respond in a timely manner. Please feel free to contact us as necessary. Very truly yours, ALAN RICHMAN PLANNING SERVICES Aut EL.1 Alan Richman, AICP EXHIBIT #1 LAW OFFICES OF OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A. KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DAVID B. KELLY Imoasst@okglaw.com OF COUNSEL JOHN T. KELLY MARIA TICSAY December 27,2004 HAND DELIVERED City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Authority of The Aspen Alps Condominium Association to Act on Behalf of 777 Ute At - The - Aspen Alps, a Condominium To Whom it May Concern: This letter is made and delivered in connection with the Land Use Application o f The Aspen Alps Condominium Association (the "Association") made on behalfofthe condominium unit owners in 777 Ute At - The - Aspen Alps, a Condominium (the "Project"), to convert certain portions ofthe common elements in the form of balconies appurtenant to the Project into portions of the air space condominium units. We advise that we were the drafters of the Condominium Declaration for the project. Pursuant to the Condominium Declaration, the Association is the governing entity of the Project. Pursuant to Section 7.10 ofthe Condominium Declaration, each owner in the Project constitutes the Board o f Managers of the Association as their attorney-in-fact for purposes of dealing with the common elements. Therefore, we advise that the Association is properly authorized to file the land use application for conversion o f common elements to in to air space units with the City o f Aspen Community Development Department. Very truly yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. \ y fljA By ~ I .2(41.- / 1 I -0,491 Leonard M. Oafes L - LMO/eec C \LMO Data & Forms\Data\Clients\Aspen Alps\Baechle Conversion of Common Elements\LTR Community Development Department 12.27.04.wpd ALAN RICHMAN 97e92e 1125 P.02 EXHIBIT #2 Mr. Chris Lee, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: INSUBSTANTIAL PUD AMENDMENT FOR 777 UTE AT THE ASPEN ALPS Dear Mr. Lee, I hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for our condominium property. Alan Richman is authorized to submjt those land development applications necessary to make an insubstantial PUD amendment to allow certain decks on our townhomes to be enclosed. Mr. Rich.man is also authorized to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, 44Â»91 4-4-,0~- (Kent Shodeen, President 777 Ute Avenue Condominium Association c/o The Aspen Alps 700 Ute Avenue Aspen, Colorado 81611 (970) 925-7820 EXHIBIT #3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY DATE: 12/17/04 PLANNER: Chris Lee, 970.429.2759 PROJECT: 777 Ute Avenue Townhomes Insubstantial PUD Amendment REPRESENTATIVE: Alan Richman (Alan Richman Planning Services) OWNER: 777 Ute Condominium Association TYPE OF APPLICATION: 0 Step - Community Development Director Approval DESCRIPTION: The Applicant is seeking an amendment to the PUD on the property that would allow for any of the patio spaces, on any level of the building, be converted to covered living space if the owner(s) so desired. This is considered an Insubstantial PUD because there is enough allowable FAR remaining, that even if all the patio spaces were built out the maximum allowable FAR would not be reached. Land Use Code Sections 26.304 Common Development Review Procedures 26.410 Residential Design Standards 26.445 Planned Unit Development 26.710.190 Zone District L/TR Review by: Community Development Staff Approval/Denial by: Community Development Director Public Hearing: N/A Referral Agencies: Zoning, Building Planning Fees: Staff Approval Fee - $546 Ref. Agency Fees: N/A Total Deposit: $546 (additional planning hours over deposit amount billed at a rate of $220/hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement along with fee. 3. Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Completed Land Use Application form. 5. Certified plat of the property along with architectural drawings of the proposed changes. 6. 2 copies of entire package. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: 111 v 4 .4 LL kâ€¢ht.4- AA? s 111 v\L- 4*but. 1 4% fe,4 Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENT.ATIVE: Name: R\Ae 0~LLL-Â« Address: Zo K 34\3 A.> 1*~ SL G\2 Phone #: 91 0 - 41-0 - 1 ilf PROJECT: Natiie. 6 Et- 44Ut Address: (40 660- 4\99 1 100 LAâ„¢_ A. tÂ»oc he,it- Phone R: 910 - A-Lf- 192Â© TYPE OF APPLICATION: (please check al] that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review 'Â® Final PUD (& ]Blu,AmendmeÂ£t) E Final Historic Development Design Review Appeal D Conceptual SPA U Minor Historic Devt. GMQS Allotment E Final SPA (& SPA Amendment) E Historic Demolition GMQS Exemption 0 Subdivision U Historic Designation ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes E Small Lodge Conversion/ Margin. Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 2 Lot Split U Temporary Use U Other: 2 Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existitig buildings. uses. previous approvals, etc.) 9 et_ Ar#AiLLk \â€¢AL Ar.~0 PAA:..,4-19 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 96:0. Dr.&...31 Ce\*4 4.*D OAAJ "31 Have you attached the following? FEES DUE: $ 54 6 Â® Pre-Application Conference Summary Â® Allachment#1, Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form * Response to Attachment #4, Submittal Requirements- Including Writteii Responses to Review Standards All plans that are larger than 8.5" r 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD U [JEJUDED LAN RICHMAN 9709201125 P.03 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ACreement for Pn,Â·ment of Citv of Arrien.DcÂ·~Â·elonment Application Fees 111 \ CI'l'Y OF ASPEN (liei-emutter CITY) mid ,&1.i.unitte' APPLICANT) AGREE AS FOLLOWSÂ· 1 APPLICANT has subipitre~ to CITY ~ ~pliqation for 5.-svÂ»sti 5\ Q 11*V.Â« O W=k rleleinatter. 7 HEPROJECT). 2. APPLICANT understands and :tgrees tliat City of Aspen Ordinance No. 57 (Series of 2(RjOi .Â·:,1,Â·jl,11>.hes a fee structurÂ·e for Land Use applications and the payment ofall processing fee, is a condition precedent 10 .1 dclennir,al.ton el application completeness. APPLICANT and CITY agiee that because ofthc size, nature olÂ· scope ofthc proposed pro.lect. it IÂ·, m,I possible M !1115 time to a5.certain Ilic full exten[ of tile costs involved ill processing the application. Â·\PPLICANT and CITY further agree that k is in the interest of the parties thar APPLICANT inake pit>'1112Â·nt of an Inimil deposit and to thereafter permit addirional costs to be billed to APPLICANT on a montlil> 11:.1.15. AlÂ°14.ICANT agree: additional costs may accrue following their hearings and/or approvals. APPLICANT agrees ik cÂ«I be benefited by retaining greater cash ligllidit> and will make additional payments upon notification b> thcÂ· C.! 17 when thc>Â· are necessary as costs are incum-ed. CIT-Y agrees it will bc henelited through the gicatel Clit.linr: a recovering tls full costs to proce.is APPLICANT'S application, 4. CITY and APPLICANT fulÂ·ther agree that it is impracticable for CITY staff' t.l, complete rn,ceÂ» Inng Or prescm sufficient inth!Â·malion to the Planning Commission and/or City Co imcil to enable the Plan nilly CommiAsion and,~or City Col.inell !0 make legally lequhÂ·ed findings for project consideration. unless current billing, de paid m full prior to decision. 3 Thu-eto:Â·e. APPLICANT agrees that iii colisideration of the CITY's uÂ·aiver of its 1,2111 to Collect ful| fecs prior 10 0 determination of application completeness. APPLICANT shall pay an Mitial deposit in the <Inount 01 $ 5 46 â€žhic h is for 7.- 5 hours of Community Development stat-f time, alld if jetual reerded costs exceed tlic initial deposit. APPLICANT shall pay additional monthly billings to CITY 10 1.e'lliburbe (he (. HY {-01- rhe procc~ing oftlle applicalion mentioned abovc, includlng post approval review at a t,Ile 01-32(jf.00 Ile:Â· pkinr,er hour over the milial deposii. Such periodic paynients shall be made wahin 30 da:,Â·s of the billitly Call:. API'LIC-ANT further agrees Thal failure to pay such accrued cost.5 shall be glounds for slispellsion of processing. and 4 110 case wil l bi.) i Id m y pciÂ·m its he issued until al l costs associated with case processnig have been paid C'In OFASPEN APPLICANT C177 l i t 6 3 aci \4 cyÂ©Â» 8-J . 5-tt}i cÂ·Â·*rrM-'WoiÂ·,4Â·s CAr)19 501Â£6,1 \1\-12 j Â°1 4 (c A 21< 1 A * Commlttlity Development Director DHLe: b 9 1 r (bl c L. 1 Mailing Address: 100 uke Ar, tÂ« Je S\Ul, St: .>lipporttfo,Â·Ins\;tgrpmas.doc 1 10,01 RETAIN FOR PERMANENT RECORD DOOK /7 -7- 79 COÂ¥*PICATE OF DEDICATION AND OWNIRSHIP . Know all Deroons by these pre*ente that 777 Ute Limited, a Colorado Corporation, being the owner of certain lands in Pitkin rounty, CONDOM/NIUM PLAT Q ~1(. Colorado, described as follows: Parcel 1. Lots 16 and 17, Ute ~ Addition to the City and Townslte of Aspen; Parcel 2: Lot 15B, / 1*f -NT 7E 91 IENT 34 @ TE 91 .9 \ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ 210. l I "U.33' 11 \\ It k 11 3 11 - It \\ \\ o %1 11 bo 11 11 It .0 11 Il M m 1 1 11 0 11 11 11 1, \\ li \\ ...11 li 11 t I )N MEYER INC. EYORS r; RE ORADO 81601 1- - n U L. L 1- W # l,JU, FL r L M , Ur LUI AJ U f L MUWJ 1 1 WIN #U I nc , unr,lollc ur Aar'tri, I.*... 1' 7 R.-tff4%0%%.2,7%02202â€¢r:y.I . ..../*I Â· -â€¢' V.40! /6+e/#4a- LOT'%41 SECTION 18. TOWNSHIP lOS. RANGE 84W OF THE 8TH P.M. ACCORDING TO REVISIONS CONDOMINIUM PLAT + .0640Â¥Â¢Â¢E,;.1. 49;. . -2. UÂ· y 0 1:: :J L.. Â· r. i'N:~ , THE QEPENDENT RESURVEY OF THE BLM DATED FEB 14,1980, COUNTY OF PITKIN, DESCRIPTION' DATE BY CHK D. f 1 Â·'hÂ· ~-'-*Ct*$460'.to.'CDÂ·]OP*Ae:Â·1*w y,04.Â·Â·Â·ipust commence any legal action based ~ Â§TATE OF COLORADO. 777 UTE AT -THE- ASPEN ALPS, A CONDOMINIUM ?fi.... 1,-:;0:8:1::;ri:..j:':t'?t.;%*':':;h~nayt~~~el=Sl~~ i~:~ ~~:e;iz;n ~ Â¢#f,t. ~ ASPEN, COLORADO -64 1 *14Â¥ 0.,â€¢#t *fl 'tf,Â·10 *Urvey f.0,1"mmenced more than ten years from the I . 1 13: is I I i ti. 0â€¢4 01''the DIftlyÂ·Acation.(li~~A hereon. , - JOE~ NO. DATE Â¤Y SCALE APPR. BY DRAWING 110 . Â·N......h/8Â·Â· i "r:*. ., ~.Â· ~â€ž0. .,.*P I. 80/9 8-16-90 RF r = 10' KRW / of 6 I . 4 .4 .1 . 4 . . , . .. - .....& 4 r v. , 0 '10 , :7 1. ... De/ .0 . ..AD. ...... , ..4 . ..: -6 0 . 17 0 - . .' 1 .1,! 8 I * . I. 1 ,- .: ly . 42. , I . 1 . 9.4- 114 . . ..0 ... ..... . 6 1.8/. . ..Â£.. ..4 , '1 - . 1 . r 4,- % .' . I; I. .. . .. 0 6 0.1 4 -6 . 011 :0 I ... ., 0 1. * :86 0 4. â€ž . Â·ID..1 '1 I . I ... 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Â» " ..X 32 5.F. i,, I \ 4 I. / :: 1 / .41 \ .// rov, Il \ 74 1 N.67% i / ' A' i>. 108 5.F. ~ /4 , 1 7 11\ =9 * 1.1 V / r. 1 1 / //Or \ \ A, 1 5 100// 1 1 N 1 1 j. 1 .4 1 , -0 1 / / I -11 UNIT #6 / 4 - / 1 1 1 1 l - UNE #4 UNIT #3 ' UNIT #2 UNIT #5 1 l l l / UNIT #5A ' 1 UNIT 6 PATIO / f 51 0 I, L___-3 2 2 - 1 1 -1-u 0 4 j i 4/ - - U // 1 1 1 O 5 1 - \ \ \ I Â«11 1 \ 4 \ ,/7 TRASH \ 1/ \/ I COURTYARD / \ 1 \ ,\ i ~h i - -4 \ / 1.- I -CE, \\ 1 - 1 \ A .1 /V\ 1 1 7/ 1 ./. 1 . 9 / i P 4 \ / - /1 // \\ 2 56** V N IX> ~ AS.1 1 / \\ 9 / 1 1 #' \~\1 / / MECHANICAL T ./ 0 e / 1 1 / N \1/// / 1 1 / 1 1 / 3\ Z \\ 'i"' STAIR Z 1 1 // < 1/ 1 , 6 \ 4~J/\ // Ill,0 I 9 / I \\ \\ / 1 \ IX I ~\\ 'I , b' OP FAR CALCULATION h 1. 4 EXISTING MAIN LEVEL FOOTPRINT 6,415 S.F. - 8396 EXPOSED ABOVE eRADE (FAR) 5,754 5.F. EXISTINe SECOND LEVEL MAR) 7,00 S.F. / D L 0 e LU 0 1 1 1 UNIT #1 EXISTINe THIRD LEVEL (FAR) 1 7\8 S.'F. / .- ~/ - AUTO RAMP TOTAL EXISTINe FAR jq,775 S.F. / N.~ ~- q' ~ / , ALLOWED FAR 2!,414 S.F. LEFT OVER FAR AVAILABLE 1,egg S.F. e 1 POTENTIAL MAIN LEVEL ENCLOSURE 504 S.F. 1, PROPOSED 2ND LEVEL ENCLOSURE 465 S.F. DRAWING: PROPOSED BRD LEVEL ENCLOSURE 53-7 9 F ~ ~~~ ~ MAIN LEVEL TOTAL POTENTIAL FAR 21286 S.F. 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Routing History ~ Conditions ~ Sub Permits | Valuation ~ Public Comment ~ Attachments I Main | Royting Status ~ Arch/Eng ~ Parcels | Custom Fields ~ Feel ~ Fee SummarM ~ 8clions ~ Permit Type ~aslu -l]Aspen Land lIse 2004 Pe,mit # |0002.2005.ASLU Address 777 UTE AVE' ~ Apt/Suite | Cit, ~ASPEN S tate Ra-31 Zp ~81612 Permit Information - ---- + + Master Permit | Routing Queue ~aslu Applied |12/29/2004 111 1 Proiect | Â£~ Status |pending Approved | 3 1 Description ~FINAL PUD AMENDMENT Issued ~ U, Final ~ 21 Submitted ~ALAN RICHMAN 920-1125 Clock [FURing- Days r.12 Expites ~01/05/2006 13 1 F Visible on the web? Permit ID: ~ 32480 Owner Last Name |ASPEN ALPS CONDOMINI â‚¬| First Name ~ 700 UTE AVE ASPEN CO 81611 Phone~ W Owner Is Applicant? V â‚¬ lili -1 '*1 ---2-ILL-LILLIL-~-2-121----2~ ermits