HomeMy WebLinkAboutcoa.lu.gm.314 E Hyman Ave.0100-05
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City of Aspen Community Development Dept.
CASE NUMBER
0100.2005.ASLU
PARCEL ID NUMBER 2737-07-3-38-007
PROJECT ADDRESS 314 E HYMAN AVE
PLANNER JENNIFER PHELAN
CASE DESCRIPTION GMQS ALLOTMENT. SUBDIVISION, OFF-STREET PARKING
REPRESENTATIVE STAN CLAUSON 925-2323
DATE OF FINAL ACTION 5/5/2006 12:0(
CLOSED BY Denise Driscoll
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'-./ STAN ClAUSON ASSOCIATES, INC
Planning. Urban Design
Landscape Architecture
Transportation Studies
Project Management
27 April 2006
APR 2 7 2006
200 EAST MA1N STREET
ASPEN, COLORADO 81611
TELEPHONE: 970.925.2323
FAX: 970.920.1628
E-MAIL: info@scaplanning.com
WEB: wwwscaplanning.com
Ms. Jennifer Phelan, Senior Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Re: Mother Lode Application Withdrawal, 314 East Hyman Avenue
Dear Jennifer:
Please be advised that our client, Motherlode Investors, LLC, wishes to withdraw the
land use application tendered on 5 December 2005. It is their intention to move forward
with the project as previously permitted for a mixed-use project consisting of commercial
area, two free-market residences, and two affordable housing residences.
However, the owners will be seeking a reduction of one parking space through a cash-in-
lieu payment as permitted under Section 26.515.050 of the City of Aspen Land Use
Code. It is our understanding that the actual parking requirement was 3.8 spaces. Three
parking spaces are now being proposed for the building, because of space limitations in
organizing the parking, egress, and service/utility areas at the rear of the structure. The
reduction will therefore actually be 0.8 spaces. At $30,000 per space waived through
cash-in-lieu payment, this would amount to a payment of $24,000, which is payable at
the time of issuance of the building permit. A building permit application is currently
under review by the City Building Department.
Thank you for your assistance in reviewing this project application and in facilitating the
current intentions of the owners.
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ""3.1 Lf E 1 PyJ/i-l:--i [ \
SCHEDULED PUBLIC HEARING DATE: c5/&'/at
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, Aspen, CO
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, \:.J""'~ IM,c_S /-'\/lcf J- (name, please print)
being or representing an Applicant to the City of Asrren, Colorado, hereby personally
certifY that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
-X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
~,
_ Posting of notice: By posting of notice, which form was obtained frq,n the
Community Development Department, which was made of suitable, ..
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing \Uld was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and ~dresses of
property owners shall be those on the current tax records of Pitkin ounty as they
appeared no more than sixty (60) days prior to the date of the publi hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text ofthis Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners ofreal property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments. .
The foregoing "Affidavit of Notice" wa~Wledged before me this l:fttiay
of Ctfvil ,20012, by Wtfb L1~"d+
PUBLIC NOTICE
RE: 314 t- HYMAN AVENUE, SUBDIVISION
AMENDMENT ND ASSOCIATED LAN!) USE RE-
QUESTS
NOTI' IS HEREBY GIVEN that a public
hearingwil eheldonMonday,May8,2006,ata
meeting to begin at 5:00 p.m. before the Aspen
City Council. City Council Chambers, City HaiL
130 S. Galena St., Aspen, to consider an applica-
tion submitted by Mother Lode Investors. LLC.
P,O. Box 10147. Aspen, CO 81612. which is the
owner 01 the subject property. The AppliCanl re-
qoests Sul}(Jivision Amendment, Growth Manage-
mellt Quota System review and amendment for a
Minor enlargement 01 a Historic L11ldmark lor
commercial, lodge or mixed.use devdopmeot.
and Growth Management Quota System review
and amendment for the development of Affurda-
ble Housing to consolidate the previously ap-
proved two lree-market residenllal dwelling units
inlo one free markel residential dwelling unit and
to consolidate the previously approwli twu af-
fordable housing unit~ into one a!fordaule hous-
ingunit. The Applicant is als" requesting Special
Review to provide thrc., oll-streel parking spaces
ratherthanthcpreviOoslyapprovedfo\Jfoff-
street parkillgspa<:es, The property is legally de-
scribed as Lots NandO, Hlock i'\t. City and Town-
siteo! Aspen, CO, and is more commonly known
as 314 E. Hyman Ave., Aspen. Colorado, 1'11611.
For lurther information, contact Jenni!er Phelan
at the City of Asflcommunity Devclopment De--
partment. 130 S., lena St., Aspen, CO, (970) 429..
2759,jennifep@C 'pen.co.us.
s/ltelcnK.Klanderud,Mayor
Aspen City CounCil
Published in the Aspen Times \l,,'eekly on April
23,2006.(3647)
WITNESS MY HAND AND OFFICIAL SEAL
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ATTACHMENTS:
~OPY OF THE PUBLICATION
PH OF THE POSTED NOTICE (SIGN)
ID GOVERNMENTAL AGENCIES NOTICED
BY MAIL
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director~'\V)
Jennifer Phelan, Senior Long Range Plann&
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MEMORANDUM
Mother Lode Subdivision (314 East Hyman Avenue) - Subdivision Amendment,
Growth Management Review for Minor Eulargement of a Historic Landmark for
Commercial, Lodge or MLxed U_se Development, Growth Management Review for
Affordable Housing and Special Review - First Readin2 of Ordinance -KSeries
2006
MEETING
DATE:, April 24, 2006,
ApPLICANT fOWNER:
Mother Lode, LLC
REPRESENTATIVE:
Stan Clauson, Stan Clauson Associates,
Inc.
LOCATION:
Lots N and 0, Block 81, City and
Townsite of Aspen, CO commonly
known as 314 E. Hyman Avenue
CURRENT ZONING & USE
Located in the Commercial Core (CC)
zone district and the Commercial Core
Historic Overlay, containing one
commercial Landmark building. The site
has approval for the development of two
free-market residential units and two
affordable housing units in addition to
the existing commercial component,
pursuant to Ordinance No. 25, 2005.
PROPOSED LAND USE:
The Applicant is requesting that the two
free-market units be combined into one
free-market residential unit and the two
affordable housing units be combined
into one affordable housing unit.
PLANNING AND ZONING COMMISSION AND
STAFF RECOMMENDATION:
Denial.
SUMMARY:
The Applicant requests amendment by the City
Council of Special Review to reduce the four off-
street parking spaces to three, Growth
Management Review for the development of one
Affordable Housing unit, Growth Management
Review for Minor Enlargement of a Historic
Landmark for Commercial, Lodge or Mixed Use
Development and Subdivision Amendment for an
amendment to the approved subdivision.
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LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval to redevelop the site:
. Subdivision Amendment for any other amendment provided that the proposed change is
consistent with the approved plat (land to be used for multiple dwelling units falls under
the definition of subdivision and the overall number of dwelling units is being amended)
pursuant to Land Use Code Section 26.480 (City Council is the final review authoritv
who may approve, approve with conditions, or deny the proposal).
. Growth Management Review for Minor Enlargement of a Historic Landmark for
Commercial. Lodge or Mixed Use Development pursuant to Land Use Code Section
26.470.040 8.3. (Citv Council is the final review authoritv who may approve, approve
with conditions, or deny the proposal).
. Growth Management Review for Affordable Housing for the development or, in this
case, modification of approved affordable housing pursuant to Land Use Code Section
26.470.040 C.7 (As a combined application the Planning and Zoning Commission'
provides a recommendation to City Council. Citv Council is the final review authoritv
who may approve, approve with conditions, or deny the proposal).
. Special Review for a reduction in required, off-street parking pursuant to Land Use Code
Section 26.430.040 (As a combined application, the Planning aild Zoning Commission
provides a recommendation to City Council. City Council is the final review authoritv
who may approve, approve with conditions, or deny the proposal).
PROJECT SUMMARY:
In 2005, the Mother Lode Subdivision was approved by City Council. The approval allowed for
the development of two free-market residential units (2,060 s.f. and 3,839 s.f.) and two one-
bedroom affordable housing units (a total of 1,376 s.f.) along with 3,434 s.f. of net leasable
commercial floor area. The request to merge the units would result in Qill< free-market unit of
5,899 square feet and Qill< affordable housing unit of 944 square feet (both of the numbers do not
inciude attributable floor area to the residential units for circulation within the building).
Additionally, the Applicant would like to reduce the off-street parking spaces from four to three
through the Special Review process which would allow for a reconfiguration of the off-street
parking and trash service area. At the Planning and Zoning Commission meeting of April 4,
2006, the Commission reviewed the request for Special Review approval and the Growth
Management Review for the development of affordable housing. A resolution that recommended
approval of both requests failed at a five to zero (5 to 0) vote of the Planning and Zoning
Commission, resulting in a recommendation of denial.
STAFF COMMENTS:
SUBDIVISION AMENDMENT:
The Applicant is requesting subdivision amendment approval for a proposed amendment (in this
case a reduction in the approved number of multiple dwelling units) to an approved subdivision
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that is consistent with the approved subdivision. This is considered a subdivision amendment in
the City's land use code.
In reviewing the subdivision amendment portion of the application, Staff believes that the
proposal meets many, but not all, of the applicable subdivision review standards established in
Land Use Code Section 26.480.050, Review Standards. In particular, the application does not
meet the intent of the AACP which encourages density in the urban core. Encouraging density in
the urban core reduces the pressure for sprawl outside the Community Growth Boundary, takes
advantage of existing transit infrastructure and operations, and ensures the continued vitality of
the downtown. By e;y;amining the philosophies and policies of Managing Growth, Transportation,
Economic Sustainability and Parks, Open Space and the Environment in the 2000 AACP, a clear
theme emerges regarding the promotion of qi!nsity in the urban core.
_GROWTH MANAGEMENT REVIEW FOR MINOR ENLARGEMENT OF A HISTORIC LANDMARK FOR
COMMERCIAL, LODGE OR MIXED USE DEVELOPMENT:
Growth management review amendment is being requested for the enlargement of a historic
landmark for mixed use development. The enlargement includes the creation of one free-market
dwelling unit (from the previously approved two) and the creation of one affordable housing
dwelling unit (from the previously approved two). No change to the commercial net leasable
square footage is proposed.
As proposed, Staff believes the proposed units (one free-market unit and one affordable housing
unit) meet the review criteria as outlined in Exhibit A.
GMQS ApPROVAL FOR THE DEVELOPMENT OF AFFORDABLE HOUSING:
Affordable housing amendment is being requested for the development of one (1) affordable
housing unit. As a combined review, City Council is the final approval body when an Applicant
proposes the development of affordable housing when an applicant is providing a new unit. The
request to. consolidate both the free market units and the affordable housing units into one free
market and one affordable housing unit each falls under Minor Enlargement of a Historic
Landmark for Commercial, Lodge, or Mixed-Use Development under the Growth Management
Quota System and the affordable housing unit would not be necessary for mitigation, but is
considered a voluntary unit.
The Housing Authority reviewed the original proposal of two units and did not feel a need to
review the proposal again unless the current proposal did not meet the Employee Housing
Guidelines requirements. The single unit meets the guidelines. Staff believes the review criteria,
as outlined in Exhibit A, for the development of affordable housing are met except the standard
of consistency with the AACP as it relates to density. Staff would prefer the Applicant provide
two affordable housing units as was previously approved, as added density in the downtown
core contributes to the core's vitality. As mentioned previously, the AACP encourages density
in the urban core and a reduction in density does not meet the intent of the MCP.
SPECIAL REVIEW:
The Applicant is requesting Special Review amendment to establish the parking requirement for
the subject property. When the Mother Lode Subdivision application was first submitted" to
develop the property as it has been approved, the City's off-street parking standards were
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different than today's standards. Table I outlines the previous and current off-street parking
requirements.
The current approval granted to the Mother Lode waives all of the off-street parking
requirements except for four ~paces. All four spaces are designated for residential use by the
Applicant and one of the spaces is required to be earmarked for the affordable housing units,
which was a requirement of the Planning and Zoning Commission.
The parking standards in place today require only four spaces to be provided, although one
hundred percent of the parking' may be provided through a payment-in-lieu. The Applicant is
seeking Special Review approval and not a payment-in-lieu. The Applicant is requesting that
only three spaces be required through the Special Review process. Two would be designated for
the proposed free-market unit and one would be designated for the affordable housing unit.
Commercial
Residential
(Multi-Family
within a mixed-
use building)
Affordable
Housing
Total Required
1 space per 1,000 net leasable
square feet of commercial space.
100% may be provided through
a payment-in-lieu. The project
would require 3.434 spaces
rounded u to 4.
1 space per unit. 100% may be
provided through a payment-in-
lieu. No requirement for
residential units in the CC and
.
C-l zone districts. The project
would not re uire an s aces.
Same as the standard for
Residential (Multi-Family
within a mixed-use building).
The project would not require
an s ac.es.
10 (not including any spaces 4
for the 2 A.H. units)
2 spaces /1,000 SF. of net
leasable area, may be provided
via payment-in-lieu. The project
would require 6.868 spaces
rounded up to 7.
2 spaces per dwelling unit. 1
space per dwelling unit is
required if the unit is a studio or
one-bedroom unit. The project
would require 3.
Established through Special
Review.
In reviewing the Special Review portion of the application, Staff believes that the proposal does
not meet the applicable Special Review standards established in Land Use Code Section
26.515.040. Special Review Standards. Staff feels that the Applicant has shown in the approved
development plan that the site can accommodate the four off-street parking spaces. The
additional parking space could accommodate the commercial component of the property or
provide for guest parking in the busy commercial core.
SCHOOL LANDS DEDICATIONS FEE:
The 2005 ordinance that approved the Mother Lode Subdivision requires that the Applicant pay a
cash-in-lieu payment rather than a land dedication. The Applicant has proposed to pay a cash-in-
lieu payment pursuant to the fee schedule established in Land Use Code Section 26.630.
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The original ordinance, as a condition of approval, required the Applicant to pay the School
. Lands Dedications fee prior to issuance of a building permit for the proposed development. This
condition has been carried over into the new ordinance.
PARKDEYELOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added
to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee.
The original ordinance, as a condition of approval, required the Applicant to pay the Park
Development Impact Fee prior to issuance OJ a building permit for the proposed development.
This condition has been carried over into the new ordinance.
REFERRAL AGENCY COMMENTS:
As this application was reviewed by other departments previously, the current review affecting
the parking configuration and the affordable housing was referred to the Water Department,
Sanitation Department; and the Housing Department. None of the departments had comments on
the application.
RECOMMENDATION:
In reviewing the proposal, Staff believes that the overall project is not consistent with the goals
of the AACP as it reduces the overall residential density of the project. Staff recommends not
granting subdivision approval and special review approval to reduce the off-street parking.
Ordinance No. approves all of the Applicant's requests. If Council wishes to deny the request
Staff would recommend making a motion in the first and second to approve the ordinance at
which point Council would not affirm the ordinance in its vote.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"1 move to approve Ordinance No.J5:, Series of2006, upon first reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings .
EXHIBIT B - Housing Referral dated March 3, 2005, and email from Jennifer Phelan to Cindy
Christensen, dated February 7, 2006
EXHIBIT C - Floor Area Calculations of the Amended Proposal
EXHIBIT D - Addendum to the Application (Special Review)
EXHIBIT E - Ordinance No. 25, Series 2005
EXHIBIT F - Application
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ORDINANCE NO. 15
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE FIRST AMENDED PLAT - MOTHER LODE SUBDIVISION, ON
THE PROPERTY KNOWN AS 314 E. HYMAN AVENUE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737-073-38-007
WHEREAS, the Community Development Department received an application from
Mother Lode Investors, LLC, requesting Special Review approval, Growth Management
Approval for the Development of Affordable Housing, Growth Management Review for Minor
Enlargement of a Historic Landmark for Commercial, Lodge or Mixed Use Development, and
Subdivision Amendment a mixed-use building known as 314 East Hyman Avenue;, and,
.
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Applicant has requested a combined review for Special Review
approval to provide three rather than four off-street parking spaces, Growth Management
approval for the Development of Affordable Housing to construct one affordable housing unit,
and Growth Management Review for Minor Enlargement of a Historic Landmark for
Commercial, Lodge or Mixed Use Development; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewt;d and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development Director,
and has taken and considered public comment at a duly noticed public hearing on April 4, 2006;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission failed to approve a
resolution that made a recommendation of approval for Special Review and Growth Management
approval for the Development of Affordable Housing finding that the development proposal is
inconsistent with the goals and objectives of the Aspen Area Community Plan; and,
WHEREAS, during a duly noticed public hearing on May 8, 2006, the City
Council opened the hearing, took public testimony, considered pertinent recommendations from
the Community Development Director, and referral agencies of the City of Aspen and adopted
Ordinance No. _, Series of'2006, approving with conditions, Special Review approval, Growth
Management Approval for the Development of Affordable Housing, Growth Management
Review for Minor Enlargement of a Historic Landmark for Commercial, Lodge or Mixed Use
Development, and Subdivision Amendment which would allow the consolidation of two free-
market dwelling units to one free-market dwelling unit, the consolidation of two affordable
housing units into one affordable housing unit, and reduce the off-street parking from four
spaces to three spaces on the property known as 314 E. Hyman Avenue; and,
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WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the 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 City Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves the Mother Lode Subdivision Amendment and associated land use
reviews to consolidate two free-market dwelling units to one free-market dwelling unit, to
consolidate two affordable housing units into one affordable housing unit, and reduce the off-
street parking from four spaces to three spaces on the property known as 314 E. Hyman A venue,
with the conditions contained herein. .
Section 2: Plat and Al!reement
The Applicant shall record a subdivision amendment plat and agreement that meets the
requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan" including an erosion control plan, prepared by a Colorado licensed Civil
Engineer, which maintains sediment and debris on-site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly
size the facility. A 5-year storm frequency should be used in designing any drainage
improvements.
d. A construction management plan pursuant to the Building Department's requirements. The
construction management plan shall include an idenlification of construction hauling routes
for review and approval by the City Engineer and Streets Department Superintendent.
e. A fugitive dust control plan to be reviewed and approved by the Environmental Health
Department.
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f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and
approval by the City Engineer.
Section 4: Dimensional ReQuirements
. The redevelopment of the Mother Lode building shall be in compliance with the dimensional
requirements of the Commercial Core (CC) Zone District, with the exception of off-street
parking, trash/utility service area, and open space/pedestrian amenity requirements. Off-street
parking requirements shall be provided as represented in Section 5 below. The dimensions of
the trash/utility service area shall be a minimum of sixteen (16) feet wide by sixteen (16) feet in
depth as discussed in Section 6 below. The Applicant shall pay cash-in-lieu of providing open
space/pedestrian amenity as represented in S_ection 13 below.
Section 5: Off-street Parkin2
The project shall provide three (3) off-street parking spaces via Special Review approval, one of
which shall be designated for the use of the occupant of the one (1) affordable housing unit
pursuant to Planning and Zoning Commission Resolution No. 12, Series of2005.
Section 6: Trash/Utilitv Service Area
A trash/utility service area of a minimum sixteen (16) feet wide by sixteen (16) feet long,
accessed from the alley, was approved by special review pursuant to Planning and Zoning
Commission Resolution No. 12, Series of2005. The trash container shall be wildlife proof.
Section 7: Affordable Housin2
The Applicant shall record a deed restriction on the affordable housing unit prior to the issuance
of a certificate of occupancy on the building classifying the unit as a Category 2 unit. If the
Applicant chooses to deed restrict the affordable housing unit as a rental unit, the Applicant shall
convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing
Authority prior to the issuance of a certificate of occupancy on any portion of the building. The
unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such
time as the owners would request a change to a "for-sale" unit or at such time as the
Aspen/Pitkin County Housing Authority deems the unit to be out of compliance with the rental
occupancy requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Miti2ation
The Applicant shall install a fire sprinkler system and alarm system that meets the requirements
of the Fire Marshal.
Section 9: Water Department ReQuirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the
units within the building shall have individual water meters.
Section 10: Sanitation District ReQuirements
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The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall
be allowed. All improvements below grade shall require the use of a pumping station. If more
than one unit is to be served by a single service line, the Applicant shall enter into a shared
service line agreement.
S~ction 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed electrician in
order to determine if the existing transformer on the neighboring property has sufficient capacity
for the Mother Lode Redevelopment. If a new supplemental transformer is required to be
installed on the Mother Lode property, the .,6..pplicant shall provide for a new transformer and its
location shall be approved by the Community Development Department prior to installation.
The Applicant shall dedicate an easement to allow for City Utility Personnel to access the
supplemental transformer for maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lh~htin2
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-Iieu of Open Space/Pedestrian Amenity
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a cash in-
lieu fee of providing the required open space/pedestrian amenity at the time of building permit
issuance. The amount due shall be calculated by the City Zoning Officer at the time of building
permit issuance using the methodology and fee schedule in place at the time of building permit
Issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a
fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Zoning
Officer shall calculate the amount due using the calculation methodology and fee schedule in
affect at the time of building permit submittal. The Applicant shall provide the market value of
the land including site improvements, but excluding the value of structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall
pay a park development impact fee prior to building permit issuance. The City of Aspen Zoning
Officer shall calculate the amount due using the calculation methodology and fee schedule in
affect at the time of building permit submittal.
Section 16: PM-I0 Miti2ation
The Applicant shall mitigate for the air quality impacts expected for the generation of vehicle
trips per day by enacting the following measures:
1. Maintaining the amount of proposed off-street parking that equals three parking
spaces for two total residential units.
2. Providing covered and secured bicycle storage.A
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3. The Homeowner's Association
Transportation Options Program.
and the Commercial Tenant shall Jom the
Section 17: Condominiumization
Condominiumization of the project to define separate 'ownership of the project is hereby
approved by the City of Aspen, subject to recordation of a condominium plat in compliance with
the current (at the time of condo plat submission) plat requirements of the City Community
Development Engineer.
Section 18: Vested Property Ri2hts
The development approvals granted herein sh_all constitute a site-specific development plan vested for
a period of three (3) years from the date ofissuarice of a developmBnt order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this ordinance, the City Clerk shall cause to be published in a
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice
advising the general public of the approval of a site specific development plan and creation of a
vested property right pursuant to this Title. Such notice shall be substantially in the following form:
,Notice is hereby, given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of
Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following
described property: Lots N and 0, Block 81, City and Townsite of Aspen, by Ordinance
No._, Series of 2006, of the Aspen City Council.
Section 19:
This Ordinance shall not affect 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 construed and concluded under such prior ordinances.
Section 20:
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.
Section 21 :
A public hearing on the ordinance shall be held on the 8th day of May, 2006, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (IS) days prior to which hearing a public
notice of the same shall be 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 24th day of April, 2006.
Helen Kalin Klanderud, Mayor
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Attest:
Kathryn S. Koch, City Clerk
FlNALL Y, adopted, passed and approved this _ day of
Attest:
,2006.
Kathryn S. Koch, City Clerk
Approved as to form:
Helen Kaliu Klanderud, Mayor
City Attorney
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EXHIBIT A
SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS
Section 26.480.050 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Staff Findinf! :
By examining the philosophies and policies of Managing Growth, Transportation,
Economic Sustainability and Parks, Open Space and the Environment in the 2000 AACP,
a clear theme emerges regarding the promotion of density in the urban core.
The Philosophy of Managing Growth states that, "The City agrees to accept greater
density within the boundary in exchange for the preservation of important open spaces in
the outlying County and key parcels in the City, maintaining the separation of between
communities and the prevention of sprawl. "
,The Philosophy of Transportation states that, "New development should take place only
in areas that are, or can be served by transit, and only in compact, mixed-use patterns
that are conducive to walking and bicycling. "
The Policies of Parks, Open Space and the Environment states that the City should,
"Seek opportunities to discourage sprawl in order to preserve open space between
communities. Encourage inflll projects that integrate more housing into the existing
urbanfabric. "
The Philosophy of Economic Sustainability encourages "a lively, small-scale
downtown. " while the Policies in the same section states that the City should,
"Utilize our public and private infrastructure (transportation. parks, buildinf!s.
businesses, etc.) to full capacity to ensure the maximum return on existing investments
"
Taken together, these statements from four different sections of the AACP encourage
density in the urban core for several reasons:
~ To reduce the pressure for sprawl outside the Community Growth Boundary;
~ To take advantage of existing transit infrastructure and operations;
~ To ensure the continued vitality of the downtown.
These goals and policies of the AACP were subsequently reflected in changes to the Land
Use Code in 2005. Among those code changes were the elimination of the requirement
for a minimum lot size per dwelling unit (1,000 square feet for each bedroom) in the
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Commercial Core and C-l Zone District, with the intent of encouraging density in these
downtown areas. Therefore, a reduction in the density of the project does not meet the
intent of the AACP and does not meet this review standard.
b. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Staff Findin'i!
The use of the property with both residential and commercial uses proposes atypical mix
of uses seen in the downtown. Staff finds this criterion to be met.
c. The proposed subdivision shallIfot adversely affect the future development of
surrounding areas.
Staff Findin'i!
The surrounding properties are close to fully developed. All development associated
with this application is internal to the site and will not encroach onto the public right-of-
way or adjacent properties. Therefore, Staff does not believe that the proposal will
adversely affect the future development of the surrounding properties. Staff finds this
criterion to be met.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Findin'i!
The proposed development is in compliance with the Commercial Core zone district
. requirements and meets all other land use regulations. Staff finds this criterion to be met.
B. Suitability ofland for subdivision.
.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudflow,
rockslide, avalauche or snow slide, steep topography or any other natural hazard or
other condition that will be harmful to the health, safety, or welfare of the residents
in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature extension
of public facilities and unnecessary public costs.
Staff Findin'i!
Staff believes that the property is suitable for subdivision. Staff believes that there will
not be a duplication or premature extension of public facilities because the property to
be subdivided is already served by adequate public facilities. Therefore, Staff finds this
criterion to be met.
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C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See,
Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals
of the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each varhltion request, pr.oviding design recommendations
by professional engineers as necessary.
Staff Findinf!
The Applicant has consented in the application to meet the applicable improvements
pursuant to Section 26.580 and no variations are requested. Stafffinds this criterion to
be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of .
new dwelling units shall be required to provide affordable housing in compliance with
the requirements of Chapter 26.470, Growth Managemeut Quota System.
Staff Findinf!
The standards of Chapter 26.520, Replacement Housing Program. are not applicable
because this application does not include the demolition of multi-family residential buildings.
Under the current Land Use Code regulations. the proposed development (one free-market
dwelling unit in a historic landmark) does not require the provision of affordable housing.
Staff finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set
. forth at Chapter 26.630.
Staff Findinf!
The proposed subdivision amendment is not required to meet the School Land Dedication
Standards pursuant to Land Use 'Code Section 26.630 since the cash-in-lieu related to the
original subdivision has been paid. Thus. staff finds this criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been
granted or growth management exemptions have been obtained, pursuant to Chapter
26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable
Housing Planned Unit Development (AH-PUD) without first obtaining growth
management approvals if the newly created parcel(s) is required to obtain such growth
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management approvals prior to development through a legal instrument acceptable to
the City Attorney. (Ord. No. 44-2001, ~ 2)
Staff Findinf!
The Applicant's project, proposed for one free market unit and one affordable housing unit
has received its development allotments. Staff finds this criterion to be met.
Growth Mana!!ement Review for the Minor Enlar!!ement of a Historic Landmark for
Commercial. lod!!e. or mixed use development
Minor enlargement of a Historic Landmark- for commerci.al, lodge, or mixed-use development.
The enlargement of a property, structure, or portion of a structure designated as a Historic
Landmark for commercial, lodge, or mixed-use development shall be approved, approved with
conditions, or denied by the Community Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Developmeut Allotments.
Staff Findinf!
The Applicant's project, proposed for one free market unit and one affordable housing unit
has received its development allotments. Staff finds this criterion to be met.
b) If the development increases either Floor Area or Net Leasable space/lodge units,
but not both, then no employee mitigation shall be required.
Staff Findinf!
The. request does not increase floor area or net leasable, therefore no employee mitigation is
required. Staff finds this criterion to be met.
c) If the development increases both Floor Area and Net Leasable space!lodge units,
up to four (4) employees generated by the additional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not qualify for. this administrative approval and shall be reviewed
pursuant to 26.470.040.C.1.
Staff Findinf!
The request does not increase floor area or net leasable, therefore no employee mitigation is
required. Staff finds this criterion to be met.
d) No more than one free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No. 21, Series of 2005.
Staff Findinf!
Only one free-market residence is proposed. Staff finds this criterion to be met.
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e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
Staff Findinf!
If Special Review is granted the alley elevation on the first floor may be modified slightly.
Any exterior change must be reviewed either administratively if considered a minor
alteration or would be reviewed by the HPC. Stafffinds this criterion to be met.
1) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is_not limited to, ,water supply, sewage treatment,
energy and communication utilities, drainage control, rire and police protection, solid
waste disposal, parking, and road and transit services.
Staff Findinf!
As proposed, the density of the project would be reduced, resulting in the reduction in the use
of basic services. Stafffinds this criterion to be met
GMQS AFFORDABLE HOUSING REVIEW CRITERIA AND STAFF FINDINGS
Section 26.470.040 C.7., Affordable Housing provides that the development of affordable
housing deed restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines shall be approved, approved with conditions, or denied by the Planning and zoning
Commission based on the following criteria.
a. Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470.030.C, Development Ceiling Levels.
Staff Findinf!
The Applicant's project, as proposed, does not require additional allotments. Therefore, staff
finds this criterion to be met.
b. The proposed development is consistent with the Aspen Area Community Plan.
Staff Findinf!
The AA CP notes that affordable housing should be developed within the city limits to
enhance the city's economic viability and reinforce and enhance the community. Added
density to the downtown commercial core encourages a lively downtown. An affordable
housing unit provides the opportunity for year-round working residents in the downtown.
The project provides affordable housing within the city limits which meets one of the AA CP 's
housing policies. Staff would prefer the Applicant provide two affordable housing units as
was previously approved, as added density in the downtown core contributes to the core's
vitality. As analyzed previously under Review Standard 26.480.050 A.a. (first page of Exhibit
A), the AACP encourages density in the urban core.
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c. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from The Aspen/Pitkin County Housing Authority shall
be required for this standard. The AspenlPitkin County Housing Authority may choose
to hold a public hearing with the Board of Directors.
Staff Findinf!
As outlined in the memo dated March 3, 2005, from the Housing Office, the Housing Board
recommended approval of the two affordable housing units as Category 2 units. The current
proposal of one affordable housing unit at 824 square feet will be in excess of the minimum
600 square feet required for a Category 2 unit. Thus, staff finds this standard to be met.
d. Affordable Housing required for mitigatiou purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City of
Aspen city limits. Units outside the city limits may be accepted as mitigation by the City
Council, pursuant to 26.470.040 D.2. Provision of affordable housing through a cash-in-
lieu payment shall be at the discretion of the Planning and Zoning commission upon a
recommendation from the Aspen/Pitkin County Housing Authority. Required
affordable housing may be provided through a mix of these methods.
Staff Findinf!
With the proposal to only have one free-market residential unit, the affordable housing unit
is not required for mitigation purposes under the current growth management standards of
the land use code. Staff finds this requirement to be met.
e. The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. In the alternative, rental units may be provided if a legal instrument, in a
form acceptable to the City Attorney, ensures permanent affordability of the units.
Staff Findinf!
The applicant has requested that the deed restricted unit be a rental unit rather than a "for
sale" unit. The Housing Office originally recommended approval of both units, with
conditions, as rentals.
SPECIAL REVIEW CRITERIA AND STAFF FINDINGS
Section 26.515.040, Special Review Standards for establishing, varying, or waiving off-street
parking requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria.
1. The parking needs of the residents, customers, guests, and employees of the project
have been met, taking into account potential uses of the parcel, the projected traffic
generation of the project, any shared parking opportunities, expected schedule of
parking demands, the projected impacts onto the on-street parking of the
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neighborhood, the proximity to mass transit routes and the downtown area, and any
special services, such as vans, provided for residents, guest and employees.
Staff Findim!
The three spaces proposed will accommodate the parking needs of the residential component
of the mixed-use project. The fourth parking space could accommodate the commercial
component of the property or provide for guest parking in the busy commercial core.
2. An on-site parking solution meeting the requirement is practically difficult or results
in an undesirable development scenario. :
Staff Findinl!
. The Applicant has shown that it is possible to provide the required four off-street parking
spaces through previous site plan layouts and provide an adequate, although not expansive,
trash/ utility service area,
3. Existing or planned on-site or off-site parking facilities adequately serve the needs of
the development, including the availability of street parking.
Staff Findinrz
As proposed, the three parking spaces would only serve the residential component of the
project. The commercial component would not be provided any off-street parking. The
availability of on-street parking is tight, as Aspen has a busy commercial core. The fourth
parking space which has been previously approved will help accommodate additional
parking needs for the building.
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MEMORANDUM
TO:
James Lindt
FROM:
Cindy Christensen
DATE:
March 3, 2005
RE:
MOTHER LODE SUBDIVISION L4NDUSE REVIEW
Parcel ID Ne. 2737-073-38-007
ISSUE: The applicant is requesting appreval te censtruct a three-stery additien en ,the Mether
Lede Restaurant site lecated at 314 East Hyman.
BACKGROUND: The felleWing is being propesed:
.
. Ground Fleer: The frent .of the existing building will remain; the back pertien of the
existing building will be demelished and recenstructed.
. Basement: A basement will be censtructed under the back half .of the building fer sterage.
. 2 nd Fleer: The secend fleer is te centain three units - tw,e ene-bedreem afferdable heusing
units and a ene-bedroem free-market unit.
. 3 rd Fleer: The third fl.oer is te centain a three-bedraam free market unit.
The structure currently exists .of a tetal3,804 net leasable square feet. The applicant is prepasing te
preserve the histaric partian .of the existing MetherLade and te incerparate a larger mixed-use
cemmercialJresidential structure. A"cerding ta Sectien 26.4 70.070D3 .of the City Land Use Code,
the' existing net leasable cammercial area lecated within a designated histeric structure may be
demelished and recenstructed exempt frem grewth management and affardable heusing mitigatian.
TIus section .of the Cede alsa permits the flear area .of the replacement structure ta ,exceed that .of
the demalished structure provided that there is na increase in cemmercial net leasable area and the
replacement structure camp lies with the dimensienal requirements .of the underlying zene district.
Appraxin1ately 3,259 square feet .of the Mather Lade building's 3,804 square feet will be lecated an
,. -
the expanded graund flear. Any pertien .of the project's net leasable area net utilized en the graund
flaar will be located in the basement. The remainder .of the basement will be utilized for tenant
sterage.
Pursuant ta Sectien 26.4 70.070D2a .of the City Land Use Cade, the expanded structure may cantain
.one free-market residential unit that is alse exempt frem grewth management and affordable
hausing mitigatian. Sectian 26.470.070D5(a)(I) requires that affardable hausing be provided
cammensurate with that which wauld .otherwise be required if an additianal free market unit were
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competing for a GMQS allocation. TIus requirement falls under Part Vll, Section 3 of the
Aspen/Pitkin County Housing Authority's 2004 Aspen/Pitkin County Employee Housing
Guidelines. The Guidelines require that 60% of the bedrooms in any residential subdivision be
restricted as affordable housing. TIle free-market one-bedroom unit is subject to the affordable
housing mitigation and the three-bedroom unit is exempt. Based on this regulation, one and one-
half bedrooms are required to mitigate the proposed one-bedroom free market unit. Two one-
bedroom units are planned on-site, mitigatiJ;1g this requirement. The two units will each contain
600 net livable areas. This meets the minimum requirement as stated in the Guidelines. The
applicant is requesting thai these units remain rental units. If approved, 1/IO<h of I % undivided
interest will be conveyed to APCHA. .
The wuts are further described below:'
I-Bedroom, Category 2 Units
1 Bath
600 sq. ft.
I-Bedroom, Free Market
IV, Bath
2,060 sq. ft.
KitchenJDining/Living
Small Den
Two exterior decks
.
. 3-Bedroom, Free Market
3V, Baths
3,839 sq. ft.
KitchenJDininglLi ving
Den, Laundry/Storage
Smaller Deck and a
. Rooftop deck
A total of II off-street parking spaces aIe required to accommodate the proposed development.
What is being proposed is that three of the proposed spaces will be allocated to the project's two
free-market residences while one space will be allocated to the two affordable housing units. .
Staff would prefer the units as ownership units, but the applicant is proposing the deed-restricted
units as rental units.
RECOMMENDATION: TIle Housing Office has reviewed the application and under the current
Land Use Regulations the two one-bedroom proposed employee housing units satisfy the mitigation.
requirements for the development and recommends the Board approve the application and refer to
City Council for approval with the following conditions: .
L Two parking spaces shall be allocated and reserved for the two affordable housing units.
2. The two employee housing units shall be classified as Category 2 units.
3. TIle 1.lluts will be deed-restricted as rental units but will allow for the units to become .
ownership units at such time the owners would request this change and/or at such time the
APCHA deems the units out of compliance over a period of more than one year. At such
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time, the units will be listed for sale with the Holising Office as specified in the deed
restriction at the Category 2 maximum sales price.
4. The deed-restriction shall be recorded at the time of recordation of the Condo Plat md prior
to Certificate of Occupmcy.
5. APCHA or the applicmt shall structure a deed restriction for the units such that 1/l0th of
I percent of the property is deed restricted in perpetuity to the AspenlPitkin County
Housing Authority; or until such time the units become ownership units; or the applicmt
may propose my other means that tl:!e Housing Authority determines acceptable.
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Jennifer Phelan
From: Cindy Christensen
Sent: Tuesday, February 07, 2006 3:21 PM
To: Jennifer Phe'lan
Subject: RE: Motherlode
If they still fall within the code, I don't think I need to add to my previous comments.
From: Jennifer Phelan
Sent: Tuesday, February 07, 2.006 2.:01 PM
To: Cindy Christensen .
Subject: Motherlode
Hi Cindy - The redevelopment of the Motherlode was previously approved with a commercial component, two
free-market residential units, and two affordable housing units. An application has been submitted to amend the'
approval so that the two free-market units are combined into one unit and the two affordable housing units are
combined into one unit. The overall size of the building will not change.
If you think you may have some comments or concerns on the request, please let me know and I willi provide an
application for your review. Thanks. JP ,
Jenrrifer Phelan, Senior Long Range Planner
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
PH: 970.429.2759
FAX: 970.920.5439
www.aspenpitkin.com
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STAN ClAUSON, AsSOCIATES, INC
Planning. Urban Design
Land.scape Architecture
Transportation Studies
Project Management
200 EAsT MAIN STREET
AsPEN, COLORADO 81611
TaEPHom: 970.925.2323
FAX; 970.920.1628
E-MAlL:" info@sc.aplanning.com
WEB: www.scapla~ng.c:om
31 J <Uluary 2006
Ms, Jennifer Phelan, Senior Planner
City of Aspen
Community Development Department
13 0 S. Galena Street
Aspen, Colorado 81611
Re: - Mother Lode, 314 East Hyman Avenue
Dear Jennifer:
In response to your request, we are submitting an addendum to our application requesting
for Special Review to reduce the number of required parking spaces. This additional
information is illtended to complete this application requestillg 1 )approval for
Subdivision Amendment; 2)Growth Management Review for Minor Enlargement;
3 )Affordable Housillg; <Uld 4) associated reviews to provide for a reduction of the
approved two free-market residential units and two affordable housillg units to one unit
each.
The HPC parking waiver was granted pursuant to the HPC Resolution No. 31 (Series of
2004) allowing a reduction in parking and a waiver of payment- in-lieu fees. The HPC
reduced the project's on-site parking requirement to four spaces and waived the cash-in-
lieu payment for any additional required spaces. Under current code, the 3,804 s. f. of
net lease-able corrunercial area would require 3.8 parking spaces.
The applicant proposes a site design with three (3) off-site parking spaces rather th<Ul the
origillally proposed four (4). Per Community Development/Building Department's
suggestion, a generous egress of at least four (4) feet wide was designed as part of the
service yard. As seen on the architectural plan G-121, Stair 2 which leads to the back of
the building is intended to be a part of the service yard. The better organization of the
buildillg egress, service area, and parking will result ill a 0.8 decrease in off-street
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P76 Jennifer Phelan, Aspen Community Development Department
31 January 2006
Page 2
parking spaces. Four off-site parking spaces created narrow, difficult to navigate parking
stalls as well as pedestrian egress from the building and within the service area.
Of the proposed three parking spaces, two will be enclosed in a garage structure, and one
is locat..d outside adjacent to the building. These three parking spaces are in compliance
with the residential parking requirement and the Residential Design Standards Section
26.410.040 (C). Therefore, we are requesting approval through Special Review to reduce
the number of off-street parking spacesJor the Mother-Lode for the commercial addition.
The following are our responses to the ilppropriate code sections in Chapter 26.430 .
Special Review per the City of Aspen Land Use Code.
26.430.030 Applicability. .
Special review shall apply to all development in the City of Aspen designated for
special review by the following chapters or sections of this ti~e:
. Off~street parking requirements (section 26.5 15.040),
Response: The applicant requests a reduction in the required number of off-street
parking spaces. In order to provide for a generous egress for the service yard and a
safer design of the off-street par/..ing spaces, the amount of parking spaces was reduced
by 0.8. The resulting,design leaves three (3) off-street parking spaces. These three '
parking spaces are in compliance with the residential parking requirement and the
Residential Design Standards Section 26.410.040 (C).
E. Off-street parking requirements. "Whenever a special review is conducted to
determine a change in the off-street parking requirements, it shall be considered.
in accordance with the standards set forth at Chapter 26.515.
Response: This application is requesting a special review to approve a reduction of one
parking space. This would diminish the total number of spaces from four (4) to three (3)
9ff-street parking spaces. The City of Aspen Land Use Code requires that there will be
one parking space allocated per residential unit.
Fou[ (4) off-stredparking spaces were required in the original approvalfor the
property, and these were distributed among the approved affordable housing andfree-
market units by the Planning & Zoning Commission in Resolution No. J 2 (Series of
2005.) With the decrease in the number of units, three (3) off-street parking spaces will
satisfy the City's parking requirements for the residential portion of the project.
Reducing the required parking to three (3) spaces will also permit an improved
trash/utility storage area and rear building egress. These proposed parking spaces will
include one ADA space and two garaged spaces.
This reduction.will have minimal impact in meeting the needs of the Mother Lode
Development, which will consist of a commercial space and two residences. Infact, this
design will allow safer egress from the building as well as from the off-stre~t parking
spaces.
I - --_________._
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P77
Jennifer Phelan, Aspen Community Development Department
31 January 2006
Page 3
The information above should respond to all the requirements as required by the City of
Aspen Land Use Code. We eagerly await to present this project and its benefits at the
public hearings.
Very truly yours,
~~
Tanya Stevens
STAN CLAUSON ASSOCIATES, lNC
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Attachments:
.
1. North Elevation, A-203
2. Main Level Code Plan, G-121
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SlLV1A DAVIS PITKIN COUNTY CO R 36.00 00.00
ORDINANCE NO, 25
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE MOTHER LODE SUBDIVISION AND A GMQS
EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO,
ParcelID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design and off-street parking waiver for the proposed development
pursuant to HPC Resolution No. 31, Series of2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Director approved an administrative GMQS exemption for
the enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures pursuant to Land Use Code Section 26.470.070(D)(3)(a) and a GMQS exemption
for the addition of one residential dwelling unit to a property listed on the Aspen Inventory
of Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(2)(a); and,
WHEREAS, upon review of the application, and lhe applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, upon review of the application, and the applicable code standards,
. the Planning and Zoning Commission approved a special review request to pay cash-in-
lieu of providing the required open space/pedestrian amenity, special review to establish
the affordable housing parking requirements, special review to establish the dimensional
requirements for the trash/utility/recycling area, and a GMQS exemption for the
cOl1stmction of more than one free market dwelling unit on a historically designated
property pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission also recommended that City Council approve with
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SlLVl~ DAVIS PITKIN cou~TY CO R 36.00
conditions, the Mother Lode subdivision and a GMQS exemption for the development of
affordable housing pursuant to Resolution No. 12, Series of2005; 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 Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noted public hearing on May 9, 2005, the Aspen City
Council reviewed the proposed Mother Lode Subdivision and GMQS Exemption for the
development of affordable housing aiid approved Ordinance No. 25, Series of 2005,
approving with conditions, the Mother Lode Subdivision and a GMQS exemption for the
development of affordable housing to construct a three-story addition to the Mother Lode
building at 314 E. Hyman Avenue; and,
WHEREAS, the 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 City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Mother Lode Subdivision and GMQS Exemption to
provide on-site affordable housing in order to construct a three-story addition to the
Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with the conditions
contained herein.
Section 2: Plat and Al!reement
'The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for ser<ice with the Aspen Consolidated Sanitation District.
c.
A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
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srLvr~ CRIIIS PITKIN COUNTY CO R 36.00 00.00
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
e. A fugitive dust control plan to pe reviewed and approved by the Environmental
Health Department. -
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional ReQuirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requiremenls of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be sixteen (16) feet wide
by sixteen (16) feet in depth as discussed in Section 6 below. The Applicant shall pay
cash-in-lieu of providing open space/pedestrian amenity as represented in Section I3
below.
Section 5: Off-street Parkin!!
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units pursuant to
Planning and Zoning Commission Resolution No. 12, Series of 2005. The Historic
Preservation Commission waived the remainder of the parking requirements pursuant to
HPC Resolution No.3 I, Series of 2004.
Section 6: Trash/Utility Service Area I {,,)(. IS
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, was approved by special review pursuant to Planning and Zoning
Commission Resolution No. 12, Series of 2005. The trash container shall be wildlife
proof.
Section 7: Affordable Housin!!
The Applicant shall record a deed restriction on each of the affordable housing units prior.
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units
to the AspenlPitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
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SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitieation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 9: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
mainlenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Liebtine
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
'pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Payment-in-Iieu of Open Space/Pedestrian Amenity
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu ree of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
'-
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, Schoo/lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
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SILVIA D~W15 PlTKIN COUNTY CO R 36.00 C 0,0'-'
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Developmen/lmpac/ Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
_ Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6.360
Total: $9,994
Section 16: PM-l 0 Miti!!ation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Maintaining the amount of proposed off-street parking that equals four
parking spaces for four total residential units.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17: Condominiumization
'Condominiumization of the project to define separate ownership of the project is hereby
approved by the City of Aspen, subject to recordation of a condominium plat in
compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 18: Vested Property Ri!!bts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
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P86
111111111111111111111111111111111111111111111111111 I11I :;;~~~~:I;". 56'
SII..IIJA D~VIS PITKIN COUNTY CO R 36.00 D QI.00
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, pursuant to the Land
Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: LotsN and 0, Block 81, City and
Townsite of Aspen, by Ordinance No. 25, Series of2005, of the Aspen City Council.
.
Section 19:
This Ordinance shall not affect 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 construed and concluded under such
prior ordinances. -
Section 20:
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.
Section 21:
A public hearing on the ordinance shall be held on the 9th day of May, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) clays prior to which
hearing a public notice of the same shall be 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 11th day of April, 2005. ~~
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Ffelen Kalin an e ayor
Attest:
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FINALLY, adopted, passed and approved this 9th day of May, 2005.
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Attest:
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~athryn S. Koeh, tity Clerk . A~
Approved as to form:
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10hn P. oreester, City Attorney
\ \11\\\ 11111 11\\11 1\1\\\111\ 1\11 \\\\IIIIIIllII\ 111\ 111\ :;;ft~~;~ ~8: 56.
SlLVIR DAVIS PITKIN COUNTY CO R 36.00 00.00
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~PPLICATION
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lAotherlode Amendment.
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i5 December 2005
.{\pplicant:
Mother Lode IIivestors, LLC
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,
Location:
314 East Hyman Avenue
Aspen, CO 81611
Jin application for Subdivision Amendment and
I
fJrowth Management Review for Minor Enlargement
*nd Affordable Housing .
epresented by: Stan Clauson Associates, Inc.
200 E. Main Street
Aspen, CO 81611
970-925-2323
1.,..-----.
"
15 December 2005
STAN CLAUSON ASSOCIATES, LLC
Planning. Urban Design
Landscape Architecture
Transportation Studies
Project Management
Mr. James Lindt, Senior Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
200 EAST MAll\' STREET
\SPE!\, COLORADO 81611
TLLLPIIONE: 970.925.2323
FAX: 970.920,1628
F.-MAll. info@scaplanningcom
\Vf.Il: www.scaplanning.com
Re: Mother Lode, 314 East Hyman Avenue
Dear James:
On behalf of Mother Lode Investors, LLC, owner of314 East Hyman Avenue, we are
submitting this application requesting approval for Subdivision Amendment and Growth
Management Review for Minor Enlargement and Affordable Housing, and associated
reviews to provide for a reduction of the approved two free-market residential units and
two affordable housing units to one unit each. The remaining free market residence will
not exceed the 6,000 s.f. zoning limitation for free market residential and the one-
bedroom affordable housing unit will consist of 824 s.f. Commercial spaces remain
unchanged.
This project as amended will remain consistent with the original approval and the
purpose of the underlying Commercial Core (CC) Zone District. The development will
offer additional housing opportunities in addition to providing commercial space in
downtown Aspen. These uses benefit the community by enhancing the character and
vitality of the commercial core through infill and housing development.
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We believe that this application is responsive to all associated code requirements and the
concept of growth management for the City of Aspen and infill development in the CC
Zone District. We look forward to presenting this project in the public review process.
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Stan Clauson, AICP, ASLA
STAN CLAUSON ASSOCIATES, lNC
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Attachments:
I. Application packet, maps, and photographs (10 copies)
2. Signed fee agreement
3. Planning fee deposit in the amount of$I,320
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PLAI\i'I\;'Il\'C AND DESIGN SOLUTIOl''i'S fOR COI'dMUl\jJTlES AND PRlv:4.TE SECTOR CUEI\/TS
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Attachment 1
LAND USE APPLICATION
APPLICANT:
Name: Mother Lode, LLC
Location: Lots Nand 0, Block 81, City and Townsite of Aspen, CO
(Indicate street address, lot & block number, legal description where appropriate)
ParcellD # (REQUIRED) 273707338007
REPRESENTATIVE:
Address:
Phone #:
Stan Clauson Associates, Inc
200 East Main Street
Name:
As en, CO 81611
PROJEcr:
Name:
Mother Lode Amendment
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.
~ GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption [S] 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 [S] Other: Off-Street Parking
0 Lot Line Adjustment 0 TextlMap Amendment
rovals, etc.)
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~ Built in 1890, the historic building contains 3.952 s. f. currently. Ordinance 25 (Series 2005) approved a total of3,804 s. f. for
:I Commercial use; 5,899 s. f. for two free market residential units; & two affordable housing units, a minimum of 600 s. f. each.
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To convert the two free market residences into one unit and the two affordable housing units into one. The total floor
area will remain the same. The four existin
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Have you attached the followiug? FEES DUE: $1,320
[S] Pre-Application Conference SummaI)'
[S] Attachment #1, Signed Fee Agreement
[S] Response to Attachment #3, Dimensional Requirements Form
[S] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
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Attachment 2
Project Overview
Located at 314 East Hyman Avenue in the Commercial Core (CC) Zone District, the
Motherlode building occupies Lots Nand 0, Block 81, City and Townsite of Aspen. This
historic building was approved for the construction of two (2) free market residential units
and two (2) affordable housing units through Ordinance No. 25 (Series of 2005.) The
current request is to amend the approval to allow that the two (2) unbuih free-market
residential units be combined into one free-market residential unit and reduce the two (2)
600 s.f affordable housing units to one larger affordable housing unit of 824 s.f The
affordable housing unit would continue to be deed restricted to Category 2 income and
occupancy guidelines. In the context of the overall unit reduction, this affordable housing
unit is not longer required as mitigation, but the applicant is committed to providing
affordable housing as part of this project. In altering the number of free market and
affordable housing units, the building exterior will remain the same and should not require
further review by the Historic Preservation Commission.
Four (4) off-street parking spaces were required in the original approval for the property,
and these were distributed among the approved affordable housing and free-market units
by the Planning & Zoning Commission in Resolution No. 12 (Series of2005.) With the
decrease in the number of units, three off-street parking spaces will satisfy the City's
parking requirements for the residential portion of the project. No off-street parking was
required for the commercial portion of the project. Reducing the required parking to
three (3) spaces will permit an improved trash/utility storage area and rear building
egress.
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The building is proposed to have a subgrade area dedicated to commercial and retail uses
and a commercial ground level. The second floor will contain the affordable housing
unit, a portion of the free-market residence, and an open area serving both residences.
Finally, the penthouse condominium will occupy the third floor. The proposed project
also includes a subgrade area extension by 1,400 s. f which will not be used for
residential purposes and not count towards floor area.
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This request is consistent with the original approval and the purpose of the underlying
zone district. The building will still consist of a mixed use development offering
commercial services to downtown Aspen and a mixture of housing, including on-site
affordable housing. Both uses fulfill the community's goals ofinfill commercial and
housing development, including the provision of affordable housing units within the
commercial core.
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Land Use Code Standards
Chapter 26.470 Growth Management Quota System (GMQS)
26.470.040 B. 3. Minor enlargement of a Historic Landnuukfor commercial, lodge, or
mixed-use development
The enlargement of a property, structure, or portion of a structure designated as a Historic
Landmark for commercial, lodge, or mixed-use development shall be approved, approved
with conditions, or denied by the Community Development Director based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the expansion
pursuant to Section 26.470.030(D), Annual Development Allotments.
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Response: Sufficient growth management allotments are available to accommodate this
request to corwert the unbuilt free-market residences from two to one unit at a larger size
consisting of 5,899 s. j
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b) If the development increases either Floor Area or Net Leasable space/lodge units, but
not both, then no employee mitigation shall be required.
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c) If the development increases both Floor Area and Net Leasable space/lodge units, up
to four (4) employees generated by the additional commercial/lodge shall not require the
provision of affordable housing. An expansion generating more than four (4) employees
shall not qualify for this administrative approval and shall be reviewed pursuant to
26.470.040.C.1.
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Response: No increase net leasable commercial space is propased There are no
lodging units in this project.
Response: Again, this application does not request any increase in floor area and is not
applicable to lodging units.
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d) No more than one free-market residence is created. This shall be cumulative and shall
include administrative GMQS approvals granted prior to the adoption of Ordinance No.
21, Series of2005.
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Response: Only one free-market unit will be created as part of this revised proposal.
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e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
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Response: The prior application was reviewed by the Historic Preservation Commission
and final approval was granted No exterior changes from that original approval are
proposed as part of this application.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Response: The proposed project will actually decrease the demand on public
infrastructure as compared to the original approval. This request is to convert the
rmmber of free-market units from two residences into one as well as the corresponding
two affordable housing units into one.
26.470.040 C. Planning and Zoning Commission Review
The following types of development shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission, pursuant to Section 26.470.060,
Procedures for Review, and the criteria for each type of development described below.
Except as noted, all Planning and Zoning Commission growth management approvals
shall be deducted from the respective Annual Development Allotments and Development
Ceiling Levels.
7. Affordable Housing. The development of affordable housing deed restricted in
accordance with the AspenlPitkin County Housing Authority Guidelines shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission
based on the following criteria:
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a) Sufficient growth management allotments are available to accommodate the new units,
pursuant to Section 26.470.030.C, Development Ceiling Levels.
Response: No additional growth management allotments are needed as this application
requests to reduce the two affordable housing units, each 600 s. f. to one unit. Since only
one free-market residence will be built, one affordable housing unit of 824 s.f is in excess
of any affordable housing requirements.
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b) The proposed development is consistent with the Aspen Area Community Plan.
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Response: One affordable housing unit of 824 sf. the affordable housing requirements
for the proposedfree-market residence.
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c) The proposed units comply with the Guidelines of the AspenlPitkin County Housing
Authority. A recommendation from the AspenlPitkin County Housing Authority shall be
required for this standard. The AspenlPitkin County Housing Authority may choose to
hold a public hearing with the Board of Directors.
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Response: The proposed conversion of the two affordable housing units into one does
comply with the Guidelines of the Aspen/Pitkin County Housing Authority since the one
affordable housing unit of 824 s. f will satisfy the employees generated from the
commercial space and the free-market unit.
d) Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City of
Aspen city limits. Units outside the city limits may be accepted as mitigation by the City
Council, pursuant to 26.470.040.D.2. Provision of affordable housing through a cash-in-
lieu payment shall be at the discretion of the Planning and Zoning Commission upon a
recommendation from the Aspen/Pitkin County Housing Authority. Required affordable
housing may be provided through a mix of these methods.
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Response: The proposed qffordable housing unit will be located on-site of the proposed
project. This 824 s.f unit will be located on the secondfloor of the Motherlode building.
e) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
26.480.080 Amendment to subdivision development order.
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Response: The qffordable housing unit will be deed restricted and comply with all
required Aspen/Pitkin County Housing Authority Guidelines.
B. Other Amendment Any other amendment shall be approved by the City Council,
provided that the proposed change is consistent with the approved plat. If the proposed
change is not consistent with the approved plat, the amendment shall be subject to review
as a new development application for plat.
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Response: This proposed amendment is consistent with the approved plat since the
building will remain as a mixed use building. with commercial use on the first level and
partially subgrade, and residential use on the second and third floors. The residences
will continue to consist of a proportional mix of free-market and affordable housing units
as that formerly approved
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Chapter 26.515 Off-Street Parking
26.515.010 General provisions.
B. Requirements for expansion/redevelopment of existing development No
development shall reduce the number of existing off-street parking spaces below the
minimum number of existing spaces required herein for that development, unless
expressly exempted by this Chapter. If existing development is expanded, additional off-
street parking spaces shall be provided for that increment of the expansion as if it is a
separate development. An existing deficit of parking may be maintained when a property
is redeveloped.
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Response: The proposed application to comert the two free-market residences and the
two affordable housing units into one unit each will actually bring the property into
greater compliance with the City's porking requirements for the residential portion of the
project. Three off-street parking spaces will be provided: two for the free-market unit
and one for the affordable housing unit. The originally approved development will not
expand, and thus, no additional off-street parking is required
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C Off-street parking calculation. All requirements for off-street parking for residential
dwellings and lodges shall be calculated based on the number of units. Requirements for
off-street parking for commercial uses shall be calculated based on the net leasable area
of the structure or use. Requirements for all other land uses not considered residential,
lodging, or commercial shall be established by Special Review.
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Response: Originally, four (4) off-street parking spaces were required in this project.
The distribution of off-street parking spaces was determined through special review by
P&Z Resolution No. 12 (Series of 2005), and the remaining requirement was waived per
HPC Resolution No. 31 (Series of 2004). In the current proposal, three (3) parking
spaces now fully satisfy the City of Aspen off-street parking requirements of one per
residential unit in a mixed-use development.
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Chapter 26.700 Zoning Districts
26.710.140 Commercial Core (Ce).
A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use of
land for retail, service commercial, recreation, and institutional purposes within mixed-
use buildings to support and enhance the business and service character in the historic
central business core of the City. The district permits a mix of retail, office, lodging,
affordable housing, and free market housing uses oriented to both local and tourist
populations to encourage a high level of vitality. Retail and restaurant uses are
appropriate for ground floors of buildings while residential and office uses are not
permitted on ground floors.
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Response: The proposed request is compliant with the Commercial Core zone district
since the development remains a mixed-use development, offering a free-market
residence, an on-site affordable housing unit, commercial space, and accessory uses
serving the residences and commercial space. Commercial uses continue to be proposed
for the groundf/oor and sub-grade spaces, while residential development is confined to
the upper stories.
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Project:
Applicant:
Location:
Zone District:
Lot Size
Lot Area:
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
The Mother Lode
Mother Lode, LLC
Lots Nand 0, Block 81, City and Townsite of Aspen, CO
CC
6,031
6,031
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the
high water mark, easements, and steep slopes. Please refer to the definition of Lot Area
in the Municipal Code.)
Commercial net leasable: Existing: 3,804 Proposed:
Number ofresidential units: Existing: 4* Proposed:
Number of bedrooms: Existing: nla Proposed:
*Approvedper Ordinance No. 25 (Series of2005), but unbuilt.
3,804
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Proposed % of demolition (Historic properties only): 75%
"Approved per Resolution No. 31 (Series of 2004).
Floor Area: Existing: 3,952 s. f Allowable: 18,093 s. f Proposed:
Principal bldg. height: Existing: 42 fi Allowable: 42 fi Proposed: 42 fi
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Access. bldg. height: Existing: nlq Allowable: nla Proposed:_nla
On-Site parking: Existing:_~Required: 11 Proposed: 4
% Site coverage: Existing: nla Required: nla Proposed: nla
% Open Space: Existing: 25% Required: 25% Proposed: 0% *
*Pedestrian Amenity Area provided in cash-in-lieu per approval.
Existing: nla Required: nla Proposed: nla
Existing: nla Required: nla Proposed: nla
Existing: nla Required: nla Proposed: nla
Existing: nla Required: nla Proposed: nla
Existing: nla Required: nla Proposed: nla
Existing: nla Required: nla Proposed: nla
Existing: nla Required: nla Proposed: nla
Front Setback:
Rear Setback:
Combined FIR:
Side Setback:
Side Setback:
Combined Sides:
Distance Between
Buildings
Existing non-conformities or encroachments:
required even though II are required.
DIMENSIONS:
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Only 4 off-street parking spaces are
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Variations requested: To convert the two free market residences into one unit and the
two affordable housing units into one. The four existing ofT-street parking spaces will
satisfY the residential parking requirements.
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IIIIIIIIIIIII"~ 111111 ~;;~~~~~ ~~ :SSP
SILVIA DAVIS PITKIN COUNTY CO R 66.00 0 0.00
o
Attachment 8
SUBDIVISION AGREEMENT
FOR
MOTHER LODE SUBDIVISION
~TlI1S SUBDIVISION AGREEMENT is made and entered into this ~),tt1day of
_,2005, by and between THE CITY OF ASPEN, COLORADO, a
municipa corporation (hereinafter referred to as "City"), and GORDON L.
WHITMER and HOWARD ROSS, PARTNERS, a Colorado general partnership
(hereinafter referred to as "Owner"),
WIT N E SSE T H:
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WHEREAS, Owner has submitted to the City for approval, execution and
recordation a Subdivision Plat of a parcel of land situated within the City of Aspen,
Colorado and more particularly described as Lots Nand 0, Block 81, City and Townsite
of Aspen, Colorado (hereinafter referred to as the "Subdivision Plat"), said property
being hereafter designated and known as the "Mother Lode Subdivision"; and
WHEREAS, City has fully considered the Subdivision Plat, the proposed
development and improvement of the lands therein, and the effects of the proposed
development and improvement of said lands on adjoining or neighboring properties and
property owners; and
WHEREAS, under the provisions of Ordinance No. 25 (Series of 2005) adopted
by the Aspen City Council on !vlay 9, 2005, the City has imposed certain conditions and
requirements in connection with its approval of the Mother Lode Subdivision and its
execution and recordation of the Subdivision Plat, such matters being necessary to
protect, promote and enhance the public welfare; and
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully
perform the conditions and requirements imposed by the City in approving the Mother
Lode Subdivision and !he Subdivision Plat; and
I WHEREAS, under the authority of Section 26.480.070.D of the Aspen
Municipal Code, City is entitled to certain financial guarantees to ensure that the
required public facilities are installed, and Owner is prepared to provide such
guarantees as hereinafter set forth; and
WHEREAS, contemporaneously with the execution and recording of this
Subdivision Agreement, and pursuant to Section 26.480.070.A of the Aspen Municipal
Code, City and Owner have executed and recorded the Subdivision Plat in Plat Book
_ at Page _ as Reception No. in the Office of the Clerk and Recorder of
Pitkin County, Colorado.
111111111111111I fr[( III
512738
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SILVI~ D~VlS PITKIN COUNTY CO
Page: 2 of 13
07/22/200501:5Sr
R 66.00 0 0.00
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NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the approval, execution and acceptance of the Subdivision
Plat, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
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ARTICLE I
ZONING AND REGULATORY APPROVALS
I. Pursuant to Resolution No.3 I (Series of 2004) adopted on November 17,
2004 and recorded as Reception No. 506947, the Historic Preservation Commission
("HPC") granted conceptual review approval to the project. The HPC also reduced the
project's on-site parking requirement to four spaces and waived the cash-in-lien
payment for any additional required spaces.
2. On February 8, 2005, the Director of the Community Development
Department approved two administrative GMQS exemptions for the project pursuant to
Section 26.470.070.D.3.a and Section 26.470.070.D.2.a of the Aspen Municipal Code.
The exemptions permit:
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(a) The enlargement of a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures intended for commercial or office
purposes; and
(b) The enlargement of a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures for the addition of one free market
dwelling unit.
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3. Pursuant to Resolution No. 12 (Series of 2005), the Aspen Planning and
Zoning Commission recommended that the Aspen City Council approve the Mother
Lode Subdivision and a GMQS exemption for the project's on-site affordable housing
units, and granted:
(a) Special review approval to pay cash-in-lieu of the required
pedestrian amenity space;
(b) Special review approval to establish the project's affordable
housing parking requirement;
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(c) Special review approval to vary the dimensional requirements of
the project's trash and utility service area; and
(d) A GMQS exemption for the construction of more than one free
market dwelling unit on a historically designated property.
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11111111111111I1I1~;1II III :;;;~~~;! ~~ :sSP 0
SILVHl DAVIS PITKIN COUNTY CO R 66.00 D 0.00
4. Pursuant to Ordinance No. 25 (Series of 2005) adopted on May 9, 2005
and recorded as Reception No. .:s/c; 5d7, the Aspen City Council approved the
Mother Lode Subdivision, with conditions, approved a GMQS exemption for the
project's on-site affordable housing units, and approved the eventual
condominiumization of the project to define the separate ownerships therein by the
recording of a condominium plat in compliance with the current (at the time of
condominium plat submission) plat requirements of the City Community Development
Engineer.
5. Pursuant to Resolution No.8/ (Series of2005) adopted on May 25,2005
and recorded as Reception No. -51z:?76:the HPC granted Final HPC Approval for
the project, and also granted Commercial Design Review Approval for the project.
In the event of any inconsistency between the provisions of the above-described
Ordinances and/or Resolutions and the provisions of this Subdivision Agreement, the
provisions of this Subdivision Agreement shall control.
ARTICLE II
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS
2.1 Floor Area Limitations.
(a) The project is currently limited to a maximum of 3,804 square feet
of net leasable commercial area, which may be allocated between the first floor
and the basement of the building in whatever manner may be determined to be
appropriate from time to time by the owner of the commercia! space. The
remainder of the basement area may be used for storage by the owners of
commercial and/or residential condominium units in the project, in whatever
allocations may be determined to be appropriate from time to time by the owner
of the commercial area, and the storage space may be leased accordingly. The
owner of the commercial area shall have the right to convert some or all of the
storage space in the basement to additional net leasable commercial square
footage, subject to compliance with applicable land use regulations in effect at
the time of conversion.
(b) The building's second floor will contain one free market dwelling
unit and two affordable housing units (the "AH Units"). The free market unit is
limited to [,983 square feet of "floor area", as defined in the Aspen Municipal
Code on the date of building permit application. The AH Units must each contain
a minimum of 600 square feet of "net livable area", as defined in the Aspen
Municipal Code on the date of building permit application.
(c) The building's third floor will contain one free market dwelling
unit, which is limited to 3,916 square feet of floor area. The total allowable free
market residential floor area in the building is 5,899 square feet. The second and
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IIIIIIIIIIIIIIIIIIIIII~IIIIIII :;;~~~~~~~; :55>
SILVIA DAVIS PITKIN COUNTY CO R 66.00 D 0.00
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third floor residentiall100r area limitations exclude common stairwells,
circulation corridors, elevators, and decks.
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(d) The building's maximum allowable 1100r area, including
commercial (net leasable and storage areas), free market residential units, and
AH residential units, is 13,948 square feet, to be calculated in accordance with
the regulations in effect at the time of building permit application.
2.2 Height. The building's maximum allowable height is 42 feet, to be
calculated in accordimce with the regulations in effect at the time of building permit
application.
2.3 Off-Street Parking. Four off-street parking spaces are required in the
project. Two of these spaces shall be allocated to the third 1100r free market residential
unit, one of these spaces shall be allocated to the second 1100r free market residential
unit, and one of these spaces shall be designated for use of the occupants of the AH
units or either of them pursuant to P&Z Resolution No. 12 (Series of 2005). The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No. 31 (Series of 2004). No off-street parking spaces are
required for the commercial space in the building.
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2.4 Affordable Housing Mitigation. Two on-site, one-bedroom AH units are
required for the project, and will be located on the second 1100r of the building. Each
AH unit must contain a minimum of 600 square feet of net livable area, and must be
deed restricted to the Aspen/Pitkin County Housing Authority's Category 2 income and
occupancy guidelines (the "APCHA Guidelines") concurrent with the recording of the
condominium plat for the project and before a Certificate of Occupancy is issued for the
project. The deed restriction shall permit the owner of the AH units to lease such AH
units to "qualified employees" of the owner's selection, and to assign such leasing
rights to owners of other units in the project. While it is presently contemplated that the
AH units will be rental units, the owner of the units shall have the right at any time to
convert them to "for-sale" units and to sell them to buyers qualified under the APCHA
Guidelines. Further, the AH units shall become sale units at such time as the APCHA
deems the units to be out of compliance with the rental occupancy requirements set
forth in the APCHA Guidelines for a period of more than one (I) year from the date on
which the APCHA gives the record owner of the AH units written notice of such non-
compliance and such non-compliance has not been cured during said one-year period.
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So long as the AH units are rental units, they shall be owned by the
Condominium Association formed for purposes of managing and maintaining the
project (the "Association"). The AH units will be conveyed to the Association
following the recording of the condominium map for the project. Unless a different
arrangement is worked out with the City, and only to the extent required to comply with
applicable Colorado law, a one-tenth of one percent interest in each of the AH units will
be conveyed to APCHA at the time the remaining ownership interest is deeded to the
Association. Said one-tenth of one percent interest is hereinafter referred to as the
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1111 \ 11111111111I111\;;1 :;;~~~;~ ~~ :5SP
SILVIA DAVIS PITKIN COUNTY CO R 66.00 0 0.00
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"APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to
the understanding and agreement that (a) ownership of the APCHA Interest only gives
the APCHA the right to enforce the deed restrictions on the AH unit, and does not give
the APCHA any authority or rights that are not specifically set forth in the deed
restriction, (b) in all other respects, the APCHA shall be deemed to have no ownership
rights or responsibilities in connection with the AH units, and the record owner of the
remaining interest in the units shall have full right and authority to lease, encumber, or
otherwise deal with the AH units as if such owner held a 100 percent interest therein,
(c) APCHA shall have no liability to third persons arising solely out of its ownership of
the APCHA Interest, and the party conveying the APCHA Interest shall indemnify
APCHA from and against any losses or liabilities arising solely out of its ownership of
the APCHA Interest, (d) the APCHA Interest will be conveyed to the Association or
other then-current owner of the AH unit if and when the Colorado legislature or a court
of competent jurisdiction legalizes the imposition of rent restrictions on affordable
housing units, and (e) the APCHA Interest will be conveyed to the buyer of the AH unit
if it is converted to a sale unit and sold by the Association to a qualified third party.
In the event the project is sold by Owner to a third party before the project is
condominiumized, the Owner shall have the right to assign the foregoing deed
restriction and APCHA Interest obligations to the third party buyer.
2.5 Buildin!! Permit Application. The building permit application for the
project shall include the following:
(a) Copies of P&Z Resolution No. 12 (Series of 2005) and of City
Council Ordinance No. 25 (Series of 2005).
(b) The conditions of approval printed on the cover page of the
building permit set.
(c) A completed tap permit for service issued by the Aspen
Consolidated Sanitation District.
(d) A drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 5-year storm
frequency should be used in designing any drainage improvements.
(e) A construction management plan pursuant to the City of Aspen
Building Department's requirements. The construction management plan shall
include an identification of construction hauling routes for review and approval
by the City Engineer and the Streets Department Superintendent.
(f) A fugitive dust control plan to be reviewed and approved by the
Environmental Health Department.
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1IIIIIIIIIIIIIIIIIIIIIIIIIIImllllllll ~;;~~~;r ~~. 5SP 0
SILVIA DAVIS PITKIN COUNTY CO R 66.00 D 0.00 .
(g) A detailed excavation plan that utilizes vertical soil stabilization
techniques for review and approval by the City Engineer.
2.6 Dimensional Requirements. The development of the Mother Lode
Subdivision shall be in compliance with the dimensional requirements of the
Commercial Code (CC) Zone District, with the exception of off-street parking,
trash/utility service area, and open space/pedestrian amenity requirements. Off-street
parking requirements shall be provided as represented in Section 2.3 above. The
dimensions of the trash/utility service area have been established by special review as
16 feet wide by 16 feet in depth as provided in Section 2.7 below. The Owner shall pay
cash-in-lieu of providing open space/pedestrian amenity as provided in Section 2.13
below.
2.7. Trash/Utilitv Service Area. A trash/utility service area 16 feet wide by
16 feet long, accessed from the alley, was approved by special review pursuant to P&Z
Resolution No. 12 (Series of2005). The trash container shall be wildlife proof.
2.8 Fire Miti!!ation. The Owner shall install a fire sprinkler system and alarm
system in the building that meets the requirements of the Aspen Fire Marshal.
2.9 Water Department Requirements. The Owner shall comply with the
City of Aspen Water System Standards, with Title 25 of the Aspen Municipal Code, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units in the building shall have individual water meters.
2. 10 Sanitation District Requirements. The Owner shall comply with the
Aspen Consolidated Sanitation District's rules and regulations. No clear water
connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All
improvements below grade shall require the use of a pumping station. If more than one
unit is to be served by a single service line, the Owner shall enter into a shared service
line agreement among such units. The Owner shall pay a "basin surcharge" fee to
ACSD prior to building permit issuance. The amount of the surcharge, which is
estimated to be approximately $ I ,300.00 per EQR, shall be determined at the time of
building permit application.
2. I I Electrical Department Requirements. The Owner shall have an electric
connect load summary conducted by a licensed electrician in order to determine if the
existing transformer on the neighboring property has sufficient capacity for the
development of the Mother Lode Subdivision. If a new supplemental transformer is
required to be installed within the Mother Lode Subdivision, the Owner shall provide
for a new transformer and its location shall be approved by the Community
Development Department prior to installation. If a supplemental transformer is
installed, the Owner shall amend the Subdivision Plat to establish an easement for the
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'llll' ;'~e2~3o~ J3
11i1. 07/22/200501:55P
R 66.00 D 0.00
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transformer and to allow for utility personnel to access the supplemental transformer for
maintenance purposes.
2.12 Exterior Lighting. All exterior lighting shall meet the requirements of the
City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor
Ligh ting.
2.13 Pavment-in-Lieu of Open Space/Pedestrian Amenitv. Pursuant to Land
Use Code Section 26.575.030, Open Space, the Owner shall pay a cash-in-lieu fee of
providing the required open space/pedestrian amenity at the time of building permit
issuance. The amount due shall be calculated by the City Zoning Officer at the time of
building permit issuance using the methodology and fee schedule in place at the time of
building permit issuance.
2.14 School Lands Dedication Fee. Pursuant to Land Use Code Section
26.630, School Lands Dedication, the Owner shall pay a fee-in-lieu of land dedication
prior to building permit issuance. The City Zoning Officer shall calculate the amount
due using the calculation methodology and fee schedule in effect at the time of building
permit submittal. The Owner shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
2.15 Park Development Impact Fee. Pursuant to Land Use Code Section
26.610, Park Development Impact Fee, the Owner shall pay a park development
impact fee in the amount of $9,994 prior to building permit issuance. The fee is
assessed based on the following calculation:
Proposed Commercial: 3,804 square feet Dlinus 3,804 square feet of existing net
leasable commercial space = 0 new net leasable square feet of commercial space,
thus $0 due on commercial.
Proposed Residential: One (3-bedroom) Free Market Residential Unit multiplied
by $3,634 per unit = $3,634.
Three (I-bedroom) Residential Units multiplied by $2,120
per upit = $6,630.
Total due on residential: $9,994.
I 2.16 PM-I0 Mitigation. The Owner shall mitigate for the air quality impacts
expected for the generation of 25 vehicle trips per day by enacting the following
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(a) Maintaining the amount of proposed off-street parking that equals
four parking spaces for four total residential units.
(b) Providing covered and secured bicycle storage.
7
11111111111111111 111111 11111 'IIII'I"I~~III'IIIIII ~;;~~~~~ ~~55"
SILVIA DAVIS PITKIN COUNTY CO R 66 . . ,
.o~ D ~.00
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(c) The Association and the tenant(s) in the commercial unites) shall
join the Transportation Options Program.
ARTICLE 1Il
VESTED PROPERTY RIGHTS
Under Development Order of the City of Aspen Community Development
Department with an effective date of May 15, 2005 (the "Development Order"), the
right to undertake and complete the development and use of the Mother Lode
Subdivision pursuant to the terms and conditions of the site specific development plan
for the property is vested until May IS, 2008, and shall not be altered, impaired,
diminished or delayed by any subsequent zoning or land use action that is prohibited by
Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the
requirements of CRS Section 24-68-1 03(b), a properly noticed public hearing
concerning the establishment of such vested rights for the property was conducted on
May 9, 2005. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree
that the site specific development plan for the Mother Lode Subdivision consists of and
includes, but is not limited to, the number, permitted size, and configuration of the
commercial area, the free market residential units, the AH Units, the parking spaces,
and the other spaces and arcas in the project, and all other mattcrs set forth in the
Regulatory Approvals identified in Article I above, the Subdivision Plat, this
Subdivision Agrecment, and all other documents and plans recorded concurrently
therewith. For purposes of this Article 111, this Subdivision Agreement shall be
considered a "dcvelopment agreement" as that tcrm is used in CRS Section 24-68-
104(2).
ARTICLE IV
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NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS
In the event that the City Council determines that Owner is not acting in
substantial compliancc with the terms of this Subdivision Agreement, the City Council
shall notify Owner in writing specifying the alleged non-compliance and asking that
Owner remedy the alleged non-compliance within such reasonable time as the City
Council may determine, but not less than 30 days. If the City Council determines that
Owner has not complied within such time, the City Council may issue and serve upon
Owner a written order specifying the alleged non-compliance and requiring Owner to
remedy thc same within thirty (30) days. Within twenty (20) days of the receipt of such
order, Owner may file with the City Council either a notice advising the City Council
that it is in compliance or a written petition requesting a hearing to determine anyone
or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
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SILVIA DAVIS PITKIN COUNTY CO R 66.00 D 0.00
(b) Whether a variance, extension of time or amendment to this
Subdivision Agreement should be granted with respect to any such non-
compliance which is determined to exist.
Upon the receipt of such petition, the City Council shall promptly schedule a
hearing to consider the matters set forth in the order of non-compliance and in the
petition. The hearing shall be convened and conducted pursuant to the procedures
normally established by the City Council for other hearings. If the City Council
determines by a preponderance of the evidence that a non-compliance exists which has
not been remedied, it may issue such orders as may be appropriate, including the
imposition of daily fines until such non-compliance has been remedied, the withholding
of permits and/or certificate of occupancy, as applicable; provided, however, no order
shall terminate any land use approval. The City Council may also grant such variances,
extensions of time or amendments to this Subdivision Agreement as it may deem
appropriate under the circumstances.
The parties expressly acknowledge and agree that the City Council shall not
unreasonably refuse to extend the time periods for performance hereunder if Owner
demonstrates by a preponderance of the evidence that the reasons for the delay(s) which
necessitate said extension(s) result from acts of God or other events beyond the
reasonable control of Owner, despite good faith efforts on its part to perform in a timely
manner.
ARTICLE V
GENERAL PROVISIONS
6. I The provisions hereof shall be binding upon and inure to the benefit of
Owner and City and their respective successors and assigns.
6.2 This Subdivision Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
6.3 If any provision of this Subdivision Agreement or any paragraph,
sentence, clause, phrase, word, or section or the application thereof in any circumstance
is idvalidated, such invalidity shall not affect the validity of the remainder of this
Subdivision Agreement, and the application of any such provision, paragraph, sentence,
clause, phrase, word, or section in any other circumstance shall not be affected thereby.
6.4 This Subdivision Agreement and the exhibits attached hereto contain the
entire understanding between the parties hereto with respect to the transactions
cont'erilplated hereunder. Owner, its successors or assigns, may, on its own initiative,
petiiion the City Council for an amendment to this Subdivision Agreement or for an
exte'nsion of one or more of the time periods required for performance hereunder. The
City Council shall not unreasonably deny such petition for amendment or extension
after considering all appropriate circumstances. Any such amendments or extensions of
9
lIWlIJ~~J~I{Wllll~JlJllIIJll~ 111111111111I ~;;~/~~~f 0; ~ S5P 0
R 66.00 D 0.00
time shall only bccome effective upon the execution by all parties hereto that are
affected by the proposed amendment.
6.5 Numerical and title headings contained in this Subdivision Agreement are
for convenience only, and shall not be deemed determinative of the substance contained
herein. As used herein, where the context requires, the use of the singular shall include
the plural and the usc of any gender shall include all genders.
6.6 Upon execution of this Subdivision Agreement by all parties hereto, City
agrees to approve and execute the Subdivision Plat and to accept the same for
recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon
payment of the recordation fees by Owner.
6.7 Notices to be given to the parties to this Subdivision Agreement shall be
considercd to be given if hand delivered or if deposited in the United States Mail to the
parties by registered or certified mail at the addresses indicated below, or such other
addresses as may be substituted upon written notice by the parties or their successors or
assigns:
CITY:
City of Aspen
City Manager
130 South Galena Street
Aspen, CO 81611
OWNER:
Gordon L. Whitmer and
Howard Ross, Partners
714 Oak Ridge Road
Snowmass Village, CO 81615
With Copy to:
Arthur C. Daily, Esq.
Holland & Hart LLP
600 East Main Street
Aspen, CO 81611
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6.8 This Subdivision Agreement may be executed in counterparts, in which
case all such counterparts together shall constitute one and the same instrument which
is binding on all of the parties thereto, notwithstanding that all of the parties are not
signatory to the original or the same counterpart. Facsimile signatures shall be treated
as original signatures hereon.
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6.9 The terms, conditions, provisions and obligations herein contained shall
be deemed covenants that run with and burden the Mother Lode Subdivision and any
and all owners thereof or interests therein, their respective successors, grantees or
assigns, and further shall inure to the benefit of and be specifically enforceable by or
against the parties hereto, their respective successors, grantees or assigns.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
CITY:
By:
APPROVED AS TO FORM:
OWNER:
Howard Ross, General Partner
STATE OF COLORADO
COUNTY OF PITKIN
)
) SS.
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Jhe foregoing instrument was acknowledged before me this ~ld day of
_ .~ )~ ,2005, by Hclen Klanderud as Mayor and Kathryn S. Koch as City
Clerk of th City of Aspen, Colorado, a municipal corporation.
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COUNTY OF \\ tK I'V\
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_ The foregoing instrument was acknowledged before me this &~ay of
l)L1~ ' 2005, by Gordon L. Whitmer and Howard Ross, General Partners in
Gordon L. Whitmer and Howard Ross, Partners, a Colorado general partnership.
Witness my hand and official seal.
,)1"3/0'(; ,
~~M w'J/A'6YJ
Notary Public
lil~il'~~J~llf~Ji~ '~Jl.fllI11111111 1111111111111 ~;;~/~~~f e:~ssp
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1111111111111 i 1111111 ~;~~~t~f 0;~55P
SILVIA DAVIS PITKIN COUNTY CO R 66.00 00.00
CONSENT OF MORTGAGEE
The undersigned, being the holder of a lien on the property comprising the
Mother Lode Subdivision pursuant to a Deed of Trust recorded as Reception No.
~78?Z- in the Office of the Clerk and Recorder of Pitkin County, Colorado,
hereby consents to and approves the recording of this Subdivision Agreement for the
Mother Lode Subdivision, and hereby subordinates the lien of said Deed of Trust to the
matters set forth herein.
P'
Dated this 2~day Of~, 2005.
jI'
Alpine Bank, Aspen
~9IaJ:-
By:
Its: s:. U . f
STATE OF CoIoflldo
COUNTY OF ft+K;f\
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The foregoing Consent of Mortgagee was acknowledged before me this ::J'f- day
of ..~, 2005, by~~ t-'.:l~ as S.V. P. of Alpine Bank, Aspen, a
Colorado corporation.
Witness my hand and official seal.
.
My commission expires:
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FAX NO. :19709638975
)V. 10 200~
Attachment 9
..:rTV OF ASPEN
HRETT PAIl)
'DATE REP
/O.J'-{-OS ~
Recorded at
CflY OF ASPEN
WRETTPAlD
DATE REP
10-1'1'05 f~
~~4 g''i~ B
NO.
O~Lf ~4 3A-
o'clock
.M.
Reception No.
Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Krabacher Sanders P.C.
201 N. Mills Street, Suite 201
Aspen, Colorado 81611
Attention: B. Joseph Krabacher, Esq.
bf'!~SC,oc
SPECIAL WARRANTY DEED
[Statutory Form - C.R.S. ~ 38-30-113]
SR MOTHER LODE, L.P., a Delaware limited partnership ("Grantor"),
whose street address is 450 N. Roxbury Drive, Suite 600, Beverly Hills, California
90210, for the consideration of Ten and 00/100 Dollars ($10.00) and other good and
valuable consideration, in hand paid, hereby sells and conveys to Mother Lode Investors,
LLC, a Colorado limited liability company ("Grantee"), whose street address is 620 E.
Hyman Avenue, Suite IE, Aspen, Colorado 81621, the real property that is described on
Exhibit A attached hereto and made a part hereof, together with all of Grantor's right,
title and interest in and to (i) all buildings, improvements, structures and fixtures located
on such land, and (ii) all rights-of-way and easements appurtenant to such land, including
all right, title, and interest of Grantor in and to aU gaps, gores and rights to abandoned or
vacated roads, roadways or pathways adjoining such real property or anywise
appertaining to such land.
Grantor specially warrants the title to the same against all persons lawfully
claiming under Grantor, subject to the matters set forth on Exhibit B attached hereto and
made a part hereof.
/----.---
!1.'II"JII'J.f.+.t~::.m:
5 2 6250 - - - - . - - - - - - - - - - _ _ __ _ _ _
TRm4SFER DE - - - -
Cl.RR4TION RECEIVED 18/14/2005
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Signed as of this 13th day of October 2005.
GRANTOR:
SR MOTHER LODE, L.P.,
a Delaware limited partnership
By: SRASPENGENPAR,LLC,
a California limited liability company,
its general partner
By:
REGENT ASPEN, L.P.,
a California limited partnership,
its member
By:
REGENT PROPERTIES, INC.,
a California corporation,
i~
Doug . rown,.....
its Executive Vice President
By:
STATE OF (!r../,fbrm'4- )
_ J )ss.
COUNTY OF LO"1.4f'1Je.te'/; )
The foregoing instrument was acknowledged before me this 1'2.. day of
{)c..!cber , 2005, by Douglas S. Brown, Executive Vice President of Regent
Properties, Inc., which is the general partner of Regent Aspen, L.P., which is a member of
SR Aspen GenPar, LLC, which is the general partner of Grantor.
WIlNESS my hand anllofficia1 seal.
N~?:dsai~
County and State
rEAL~
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2. Notary PlAlIc . CalIIotnIaJ
l.oI AnOeI8t COW1Iy
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Exhibit A
to Soecial Warranty Deed
LEGAL DESCRIPTION
Lots N and 0, MOTHER LODE SUBDIVISION, according to the Plat thereof recorded
July 22, 2005 in Plat Book 74 at Page 70 as Reception No. 512739
COUNTY OF PITKIN, STATE OF COLORADO
also known by street and number as: 314 E. Hyman Ave., Aspen, Colorado 81611
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FROM :ASPEN VALLEY LANDSCAPING ~ FAX NO. :19709638975
c~ov_ 10 2005 02: 37PM P2
t S Exhibit B
o Dedltl Warranty Deed
PERMnn; -
D EXCEPTION
Tenns, conditions obU atio
forth in instrum' g ns and provisions ofN .
172532 ent recorded January 13 1975' Botlce of Historic Designatio
. ' m ook295atPage515 R n~set
as eceptIon No.
Terms, conditions, obligations and . = --
Preservation Commission (HPC) RProvlslons ~f Resolution of the Aspen Histo .
De 1 ecommendmg A I nc
ve opment (Conceptual) and a Parkin Varian pprova of an Application for Major
Hyman Avenue, Lots N and 0 Block 81g C'ty ~ ';:or the. Property Located at 3]4 East
Resolution No. 31, Series of 2004 as set i. ~ . ~ ownslte of Aspen, Colorado,
as Reception No. 506947. 0 In Instrument recorded February 11, 2005
ienns; ~onditions, ?bligations and provisions of Resolution No. ]2 (Series of 2005) A
. eso]ution of the City o~ Aspen Planning and Zoning Commission, as set forth in
mstrument recorded Apnl 13. 2005 as Reception No. 508884.
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Terms, conditions, obligations and provisions of Resolution of the Aspen H'st .
P t' C .. ] one
reserva ton onumsslon (HPC) Recommending Approval of an Application for Major
Development (Final) and Commercial Design Review for the Property Located at 314 E.
Hyman Avenue, Lots Nand 0, Block 81, City and Townsite of Aspen, Colorado,
Resolution No. 21, Series of2005 as set forth in instrument recorded Ju]y 14, 200S as
Reception No.5 12378.
"
.
Terms. conditions, obligations and provisions of Ordinance No. 25 (Series of 2005) An
Ordinance of the Aspen City Council Approving with Conditions, the Mother Lode
Subdivision <l,!ld a GMQSExemption for the Development of AtIordable. Housing to
Construct a Three Story Expansion to the Mother Lode Building on the Property Located
at 314 E. Hyman Avenue, City of AspeI\, Pitkin County, Colorado, as set forth in
instrument recorded July 19,2005 as Reception No. 512547.
.
,
,
".-
,
,.
Terms, conditions, obligations and provisions of Revocable Encroachment License by
and between the City. of Aspen and Gordon L. Whitmer and Howard Ross, Partners as set
forth in instrument recorded July 22, 2005 as Reception No. 512737.
IF<
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Terms, conditions, obligations and provisions of Subdivision Agreement for Mother Lode
Subdivision as set forth in instrument recorded July 22, 2005 as Reception No.5 ]2738.
'"
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Easements, rights of way and other matters as shown and contained on Plat of Mother
Lode Subdivision recorded July 22, 2005 in Plat Book 74 at Page 70 as Reception No.
512739.
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SILVIA DAVIS pITKIN COUNT'f CO R 21.00
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1-8llO-GO-AVERY J'/j ~"
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1000 EAST HOPKINS LLC
215 S MONARCH SUITE 104
ASPEN,CO 81611
316 EAST HOPKINS LP
RYANCO INC
1220 N STADEM DR
TEMPE, AZ 85281-1857
407 EAST HYMAN PROPERTY L TO
34425 HWY 82
ASPEN, CO 81611
409 EAST HYMAN LLC
::1322 NEIL AVE
,COLUMBUS,OH 43201
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AMI MILLER
FLYNN PATRICK
PO BOX 2385
ASPEN, CO 81612
B & K ASSOCIATES
A COLORADO GENERAL PARTNERSHIP
308 S MILL ST
ASPEN, CO 81611
BALDWIN HARLEY
:205 S GALENA ST
,ASPEN, CO 81611
BANK OF ASPEN
C/O EPROPERTY T AX-DEPT 303
PO BOX 4900
SCOTTSDALE, AZ 85261-4900
BARNETT-FRYWALD HOLDINGS INC
C/O BECKER BUSINESS SERVICES
630 E HYMAN AVE
ASPEN,CO 81611
BENTLEYS AT THE WHEELER
::PO BOX 10370
,ASPEN, CO 81612
BRINING ROBERT
215 S MONARCH ST STE 203
ASPEN, CO 81611
BUSH ALAN DAVID
0046 HEATHER LN
ASPEN, CO 81611-3342
CC ASPEN LLC
75-5706 HANAMA PL #104
KAILUA-KONA, HI 96740
CHARLlES COW COMPANY LLC
315 E HYMAN AVE
ASPEN, CO 81611
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CHERI ROBIN
215 S MONARCH #105
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CLARK FAMILY TRUST
PO BOX 362
ASPEN, CO 81612
COMCOWICH WILLIAM L
TRUSTEE OF ROBERT BARNARD TRUST
POBOX 1374
ASPEN, CO 81612
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CROSSLAND R H JR REV TRUST
<)100 ELK RUN DR #129
"BASALT, CO 81621
.,
CRYSTAL PALACE CORPORATION
PO BOX 32
ASPEN, CO 81612
DAVIDSON DONALD W
864 CEMETERY LN
ASPEN, CO 81611
,
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DAVIS HORN INCORPORATED
;215 S MONARCH #104
,ASPEN, CO 81611
DENSON JAMES D
2484 MERGANSER DR
GRAND JUNCTION, CO 81505
DOLE MARGARET M
C/O FIRST NATIONAL BANK OF
CEDARIDGE
PO BOX 8455
ASPEN, CO 81612
., ELLIS DIANA ROQUE
;210 E HYMAN AVE #7
",ASPEN, CO 81611
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ELLIS DIANA ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HILLS, CA 90210
FEDER HAROLD L & ZETTA F
985 CASCADE AVE
BOULDER, CO 80302-7550
'FOOTLOOSE MOCCASIN MAKERS INC
:240 S MILL ST STE 201
.ASPEN, CO 81611
FORGE PARTNERSHIP
PO BOX 2914
BASALT, CO 81621
FREDRICK LARRY D
ROBERTS JANET A
215 S MONARCH ST #Gl0l
ASPEN, CO 81611
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GOLDEN ARTS CONNECTION LLC
ASPEN INTERNATIONAL ART DBA
213 S MILL ST
ASPEN, CO 81611
GOLDSTEIN PETER & ALAN
150 METRO PK #2
ROCHESTER, NY 14623
GOODING RICHARD L
4800 S HOLLY ST
ENGLEWOOD, CO 80111
GORDON DAVIO F & LETICIA LLC
C/O JOE RACZAKlNORTH OF NELL MGT
555 E DURANT
ASPEN, CO 81611
GRAND FINALE LTD
PO BOX 32
ASPEN, CO 81612
GRAND SLAM HOLDINGS LLC
C/O CARL B L1NNECKE CPA PC
215 S MONARCH ST #101
ASPEN,CO 81611
GRANITE TRUST LLC 61.668%
C/O GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN, CO 81611
GRIFFITH LARRY R
19794 ESCADA CT
REDDING, CA 96003
HALL CHARLES L 49%
230 S MILL ST
ASPEN, CO 81611
HART GEORGE DAVID & SARAH C HILLIS OF SNOW MASS INC HYMAN MALL COMMERCIAL CONDOS
PO BOX 5491 170 E GORE CRK LLC (
SNOWMASS VILLAGE, CO 81615 VAIL, CO 81657 290 HEATHER LN
ASPEN, CO 81611 (
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IFTNFS LLC JMS LLC JOHNSON PETER C & SANDRA K
210 E HYMAN AVE STE 202 210 E HYMAN AVE STE 202 51 OVERLOOK DR t
ASPEN, CO 81611-2909 ASPEN, CO 81611-2909 ASPEN, CO 81611-1008 f
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KANTZER TAYLOR MICHAEL FAMILY KATIE REED INVESTORS LLC (
KANDYCOM INC
766 SINGING WOOD DR TRUST #1 PARTNERS IN KATIE REED LLC (
6501 VISTA DEL MAR 601 E HYMAN AVE
ARCADIA, CA 91006 PLAYA DEL REY, CA 90293 ASPEN, CO 81611 (
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KAUFMAN GIDEON I KELLY PROPERTIES INC KREVOY BRADLEY R TRUST 50%
315 E HYMAN AVE STE 305 PO BOX 8429 2311 LA MESA DR ,
,
ASPEN, CO 81611 ASPEN, CO 81612 SANTA MONICA, CA 90402 ,
,
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LA COCINA INC LIME LITE INC L1MELlTE INC ,
PO BOX 4010 ATTN DALE PAAS OR SUE WOOLERY PAAS LEROY G C'
PO BOX 131 228 E COOPER AVE
ASPEN, CO 81612 BASALT, CO 81621 ASPEN, CO 81611 ~"
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LINDNER FRITZ & ERIKA L TRUSTEES
66966 TEN PEAKS CT
BEND, OR 97701-9277
MEEKER RICHARD J AND ALLISON 0
0752 MEADOWOOD DR
ASPEN, CO 81611
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C/O M & W PROPERTIES ,..
205 S MILL ST STE 301 A "
ASPEN, CO 81611 ~.
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MORRONGIELLO CHARLES
MORRONGIELLO LYDIA
18 SCHOOL LN
LLOYD HARBOR, NY 11743
MSJ PROPERTIES LLC 50%
302 E HOPKINS
ASPEN,CO 81611
MTN ENTERPRISES 80B
C/O HILLIS OF SNOW MASS
170 GARE CRK DR
VAIL, CO 81657
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OBRIEN MAUREEN
215 S MONARCH ST Gl02
ASPEN, CO 81611
PARK CENTRAL CONDO ASSOC
215 S MONARCH ST STE 203
ASPEN, CO 81611
PROSPECTOR FRACTIONAL OWNERS
,ASSOC
301 E HYMAN AVE #108
,ASPEN,CO 81611
SR MOTHER LODE LP
'450 N ROXBURY DR #600
BEVERLY HILLS, CA 90210
TRUE JAMES R
215 S MONARCH #102
ASPEN, CO 81611
WHEELER SQUARE - CASPER FAMILY
LLC
315 E HYMAN
ASPEN, CO 81611
WILLIAMS DEXTER M 51%
:230 S MILL ST
,ASPEN, CO 81611
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500 PATTERSON RD
GRAND JUNCTION, CO 81506
PARK CENTRAL PARTNERS LLC
210 E HYMAN AVE #8
ASPEN, CO 81611
RACZAK JOSEPH S & JANET L
215 S MONARCH ST STE 106
ASPEN, CO 81611
SSM LAND AQUISITION CO LLC
2121 KIRBY DR #99
HOUSTON, TX 77019
;i
VAIL FINE ART GALLERY INC
141 E MEADOW DR#C135
VAIL, CO 81657
WHITMAN WENOALlN
210 E HYMAN AVE #101
ASPEN, CO 81611
WITEK ROBERT J
215 S MONARCH #G-l03
ASPEN, CO 81611
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C/O WILLIAM POPE
540 W SMUGGLER
ASPEN, CO 81611
PETERSON BROOKE A 50%
302 E HOPKINS AVE
ASPEN,CO 81611
SEGUIN WILLIAM L
PO BOX 4274
ASPEN, CO 81612
THE ISIS BUILDING LLC
205 S MILL ST#301A
ASPEN, CO 81611
WENDELlN ASSOC
A NEW YORK GENERAL PARTNERSHIP
150 METRO PARK
ROCHESTER, NY 14623
WHITMAN WENDALlN
PO BOX 472
ASPEN. CO 81612
YOUNG BARBARA A
PO BOX 3010
WINTER PARK, CO 80482-3010
@09LS 3.llfldIl\l3J. ~a^" asn
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Attachment 11
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Mr. John Olson
John Olson Builders
P.O. Box 10147
Aspen, CO 81612
10 November 2005
Mr. James Lindt
Senior Planner
City of Aspen
Community Development
130 S. Galena Street
Aspen, CO 81612
Dear James:
This letter is to certify that I, John Olson, representative for the Mother Lode Investors,
LLC owner of 314 East Hyman, give Stan Clauson Associates, LLC and its staff
permission to represent us in discussions with City of Aspen regarding the application for
a Subdivision Amendment and Growth Management Review of the Mother Lode
building. We have retained this firm to represent us in the application for this project. If
you should have any questions regarding this matter, please contact me.
Their contact information is as follows:
,
,,;
Stan Clauson, AICP, ASLA
Stan Clauson Associates, Inc
200 E. Main St.
Aspen, CO 81611
Tel (970)925-2323
Fax (970)920-1628
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Very Truly Yours,
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Jolm Olson
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Attachment 12
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt, 429-2763 DATE 10/20/05
Motherlode Amendment
Stan Clauson
Subdivision Amendment, Growth Management Review fur Minor En1argement of a Historic
Landmark for Commercial, Lodge, or Mixed Use Development, and Growth Management
Review for Affordable Housing
The Motherlode building has approvals in place for the consbuction of two (2) free market
residential units and two (2) affordable housing units. The Applicant would like to convert the
two (2) unbuili free..market residential units into one free..market residential unit and convert the
two (2) unbuili affordable housing units into one afibrdable housing unit. In the pre-application
confurence, it was indicated that there would be no exterior change to the approvals as a resuh
of the change.
PLANNER:
PROJECT:
I REPRESENTATIVE:
OWTYPE OF APPLICATION:
DESCRIPTION:
.
,
,
The Applicant requires a subdivision amendment, an adrninistrntive growth management review
fur the minor enlargement of a historic Iandmark fur rnixed-use deveIopmmt, and a growth
management review for the development of affurdable housing to convert the approved two free-
market dwelling units into one unit and to convert the two approved afibrdable housing units
into one unit. Since this is a new application for an amendment, it would require review under
the current land use code requirements and oot under the land use code requirements in place at
the time of the original approval. Staffbelieves that the subdivision amendment requires review
by City Council because it is more than a minor change to the plat. That being said, Staff
would suggest that the Applicant request that the Community Development Director combine
the review of the subdivision amendment and growth management reviews to avoid duplication
of review.
As far is parking is concerned, converting the units from two to one would bring the property
into compliance with the City's parking requirements for the residential portion of the project.
Therefore, no amendment to the parking waiver previously approved is necessary since the
project would meet the parking requirements.
~ Land Use Code Section(s)
26.304 Common Development Review Procedures
o 26.470.040(8)(3) Growth Management Review: Minor enlargement of a Historic Landmark for
commercial, lodge, or mixed-use development.
Growth Management Review: Affordable Housing
Subdivision Amendment
Off-street Parking
Commercial Core Zone District
...
.,
'" 26.470.040(C)(7)
.",
26.480.080(8)
: 26.515
26.710.140
Review by:
. Public Hearing:
.... Planning Fees:
~ Total Deposit:
"".
Staff for complete application.
Referral agencies (Building Department) for technical considerations.
City Council for final review ofland use requests.
Yes at Council 2nd Reading of Ordinance.
$1,320 Deposit for 6 hours of staff time (additional staff time required is billed at $220 per hour)
$1,320
...
Total Number of Application Copies:
Subdivision amendment and associated reviews: 10 Copies
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To apply, submit the following information:
1. Total Deposit for review of application.
2. Completed Land Use Application.
3. Signed fee agreement.
4. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating
the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
5. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements,
contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the
Development Application.
6. Pre-application Conference Summary.
7. An 8 112" x 11" vicinity map locating the subject parcels within the City of Aspen.
8. Proof of ownership.
9. Approved and proposed floor plans.
10. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application..
11. All other materials required pursuant to the specific submittal requirements.
12. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list
on mailing labels for a small fee. 920.5453
13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on
either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk.
Microsoft Word format is preferred. Text format easily convertible to Word is acceptable.
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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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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: Jennifer Phelan, Senior Long Range Planner tJ<
RE: Mother Lode Subdivision (314 East Hyman Avenue) - Special Review and
Growth Management Review for Affordable Housing -Resolution No.IY, Series
2006 - Public Hearing
MEETING
DATE: March 21, 2006
ApPLICANT fOWNER:
Mother Lode, LLC
REPRESENTATIVE:
Stan Clauson, Stan Clauson Associates,
Inc.
LOCATION:
Lots Nand 0, Block 81, City and
Townsite of Aspen, CO commonly
known as 314 E. Hyman Avenue
CURRENT ZONING & USE
Located in the Commercial Core (CC)
zone district and the Commercial Core
Historic Overlay, containing ~ne
cOlllinercial Landmark building. The site
has approval for the development of two
free-market residential units and two
affordable housing units in addition to
the existing commercial component.
PROPOSED LAND USE:
The Applicant is requesting that the two
free-market units be combined into one
free-market residential unit and the two
affordable housing units be combined
into one affordable housing unit.
STAFF RECOMMENDATION:
Denial ofthe Special Review request and a
recommendation of approval of the Growth
Management Review for the development of
Affordable Housing.
SUMMARY:
The Applicant requests of the Planning and
Zoning Commission a recommendation of
Special Review approval to reduce the four off-
street parking spaces to three and a
recommendation of growth management
approval for the development of one Affordable
Housing unit.
Photo of the subj ect property
Page I of 4
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LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals to redevelop the site:
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. SDecial Review for a reduction in required off-street parking pursuant to Land Use Code
Section 26.430.040 (As a combined application, the Planning and Zoning Commission
provides a recommendation to City Council. Citv Council is the final review authoritv
who may approve, approve with conditions, or deny the proposal).
. GroWlh Management Review for Affordable Housing for the development or, in tl1is
case, modification of approved affordable housing pursuant to Land Use Code Section
26.470.040 C.7 (As a combined application the PI aIming and Zoning Commission
provides a recommendation to City Council. Citv Council is the final review authoritv
who may approve, approve with conditions, or deny the proposal).
Additionally, the following land use requests will be reviewed and acted upon by the City
Council:
. GroWlh Management Review for Minor Enlargement of a Historic Landmark for
Commercial. Lodge or Mixed Use DeveloDment pursuant to Land Use Code Section
26.470.040 B.3. (As a combined application, the Community Development Director
provides a recommendation to City Council. Citv Council is the final review authoritv
who may approve, approve with conditions, or deny the proposal).
. Subdivision Amendment for a change to an approved plat pursuant to Land Use Code
Section 26.480 (Citv Council is the final review authoritv who may approve, approve
with conditions, or deny the proposal).
PROJECT SUMMARY:
In 2005, the Mother Lode Subdivision was approved by City Council. The approval allowed for
the development of two free-market residential units (2,060 s.f. and 3,839 s.f.) and two one-
bedroom affordable housing units (a total of 1,376 s.f.) along with 3,434 s.f. of net leasable
commercial floor area. The request to merge the units would result in one free-market unit of
5,899 square feet and one affordable housing unit of 944 square feet (both of the numbers do not
include attributable floor area to the residential units for circulation within the building). The
originally approved exterior footprint of the building would not be altered.
Additionally, the Applicant would like to reduce the off-street parking spaces from four to three
through the Special Review process which would allow for a reconfiguration of the off-street
parking aI1d trash service area.
STAFF COMMENTS:
SPECIAL REVIEW:
The ApplicaI1t is requesting Special Review approval to establish the parking requirement for the
subjecl property. When the Mother Lode Subdivision application was first submitted to develop
the property as it has been approved, the City's off-street parking standards were different than
today's standards. Table I outlines the previous and current off-street parking requirements.
Page 2 of 4
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The current approval granted to the Mother Lode waives all of the off-street parking
requirements except for four spaces. All four spaces are designated for residential use by the
Applicant and one of the spaces is required to be earmarked for the affordable housing units,
which was a requirement of the Planning and Zoning Commission.
The parking standards in place today require only four spaces to be provided, although one
hundred percent of the parking may be provided through a payment-in-lieu. The Applicant is
seeking Special Review approval and not a payment-in-lieu. The Applicant is requesting that
only three spaces be required through the Special Review process. Two would be designated for
the proposed free-market unit and one would be designated for the affordable housing unit.
Table I: Parking Standards
Commercial
2 spaces II ,000 SF of net
leasable area, may be provided
via payment-in-lieu. The project
would require 6.868 spaces
rounded up to 7.
Residential
(Multi-Family
within a mixed-
use building)
2 spaces per dwelling unit.
space per dwelling unit is
required if the unit is a studio or
one-bedroom unit. The project
would require 3.
Affordable
Housing
Established through Special
Review.
Total Required . 10 (not including any spaces
for the 2 A.H. units)
I space per 1,000 net leasable
square feet of commercial space.
100% may be provided through
a payment-in-lieu. The project
would require 3.434 spaces
rounded u to 4.
I space per unit. 100% may be
provided through a payment-in-
lieu. No requirement for
residential units in the CC and
C-l zone districts. The project
would not re uire any s aces.
Same as the standard for
Residential (Multi-Family
within a mixed-use building).
The project would not require
any spaces.
4
In reviewing the Special Review portion of the application, Staff believes that the proposal does
not meet the applicable Special Review standards established in Land Use Code Section
26.515.040, Special Review Standards. Staff feels that the Applicant has shown in the approved
development plan that the site can accommodate the four offstreet parking spaces. The
additional parkii'g space could accommodate the commercial component of the property or
provide jiJr guest parking in the busy commercial core.
GMQS ApPROV AL FOR THE DEVELOPMENT OF AFFORDABLE HOUSING:
Affordable housing approval is being requested for the development of one (I) affordable
housing unit. The Commission reviews the development of affordable housing when an
applicant is providing a new unit. The request to consolidate both the free market units and the
affordable housing units into one free market and one affordable housing unit each falls under
Minor Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-Use Development
under the Growth Management Quota System and the affordable housing unit would not be
Page 3 of 4
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necessary for mitigation, but is considered a voluntary unit. TIle review criteria, as outlined in
Exhibit A, for the development of affordable housing are met.
Staff finds that there continues to be a need for the development of additional affordable units.
The Housing Authority reviewed the original proposal of two units and did not feel a need to
review the proposal again .unless the current proposal did not meet the Employee Housing
Guidelines requirements. The single unit meets the guidelines.
REFERRAL AGENCY COMMENTS:
As this application was reviewed by other departments previously, the current review affecting
the parking configuration and the affordable housing was referred to the Water Department,
Sanitation Department, and the Housing Department. None of the departments had comments on
the application.
RECOMMENDATION:
In reviewing the proposal, Staff believes that the affordable housing project is consistent with the
goals of the AACP with regard to the development of the affordable housing unit, (particularly as
this is a voluntary unit and not necessary for mitigation) and meets the affordable housing review
standards in the City's Land Use Code. Staff recommends not granting approval of the special
review application to reduce the off-street parking.
Two resolutions are included for the Commission's consideration. Resolution No. _ (Option
A) is worded in the affirmative, reflecting a scenario where all of the Applicant's requests are
recommended for approval. If the Commission were to recommend denial of the Applicant's
Special Review request with regard to off-street parking, then Resolution No. _ (Option B)
would be moved. Resolution No. _ (Option B) is worded in the affirmative but requires four
parking spaces (denying the Special Review and does not make positive findings for such).
RECOMMENDED MOTION (ALL MOTIpNS ARE PROPOSED IN THE AFFIRM A TIVE):
") move to approve Resolution No.l!i (Option A or Option B), Series of 2006,"
ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Housing Referral dated March 3, 2005, and email from Jennifer Phelan to Cindy
Christensen, dated February 7, 2006
EXHIBIT C - Floor Area Calculations of the Amended Proposal
EXHIBIT D - Addendum to the Application (Special Review)
EXHIBIT E - Application
Page 4 of 4
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__ Option A
Recommending approval of both Special Review and GMQS for Affordiilile housing
Resolution No. 14
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CITY COUNCIL GRANT SPECIAL REVIEW
APPROVAL AND GMQS APPROVAL FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING OF THE MOTHERLODE AMENDMENT TO
CONSTRUCT ONE AFFORDABLE HOUSING UNIT AND PROVIDE THREE OFF-
STREET PARKING SPACES IN A MIXED-USE BUILDING KNOWN AS 314 EAST
HYMAN A VENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-38-007
WHEREAS, the Community Development Department received an application from
Mother Lode Investors, LLC, requesting Special Review approval and Growth Management
Approval for the Development of Affordable Housing for a mixed-use building known as
314 East Hyman Avenue; and,
WHEREAS, the Applicant has requested a combined review for Special Review
approval to provide three rather than four off-street parking spaces and Growth Management
approval for the Development of Atlordable Housing to constmct one affordable housing
unit; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended denial ofthe Special Review request, but
approval of the growth management request; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed public
hearing; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that a
recommendation of approval of the development proposal is consistent with the goals and
objectives of the Aspen Area Community Plan; and,
WHEREAS, the Plmming and Zoning Commission recommends approval of the
Special Review request to provide three off-street parking spaces and recommends Growth
Mmlagement approval for the development of Affordable Housing to develop one 944 sq. ft.
affordable housing unit on the propeliy known as 314 East Hyman Avenue, by a vote of
to L - -->; and,
WHEREAS, the City of Aspen Plmming and Zoning Commission finds that this
Resolution fwihers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Page 1 of 3
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Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends approval of a Special Review
request to provide three off-street parking spaces on-site as the request meets the review
standards outlined in L.U.C. Section 26.515.040 and recommends growth management quota
system approval for the development of one 944 sq. ft affordable housing unit as shown in
Exhibit C of the staff report dated March 21, 2006, and as represented at the public hearing
held March 21, 2006.
Section 2:
The Applicant shall meet all of the conditions of Ordinance No. 25 (Series 2005) except for
the following language changes:
a. Section 4, Dimensional Requirements, shall be amended to read, 'The redevelopment
of the Mother Lode building shall be in compliance with the dimensional
requirements of the Commercial Core (CC) zone district, with the exception of off-
street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in
Section 5 below. The dimensions of the trash/utility service area shall be a minimum
of sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6 below.
The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity as
represented in Section 13 below."
b. Section 5, Off-Street Parking, shall be amended as to read, "The project shall provide
three (3) off-street parking spaces as determined through the Special Review process,
one of which shall be designated for the use of occupant of the affordable housing
unit."
c. Section 6, Trash/Utility Service Area, shall be amended to read, "A trash/utility
service area shall be a minimum of sixteen (16) feet wide by sixteen (16) feet in
depth, accessed from the alley, was approved by special review pursuant to the
Planning and Zoning Commission Resolution No. 12, Series of 2005. The trash
container shall be wildlife proof.
d. Section 7, Affordable Housing, shall be amended to read, "The Applicant shall record
a deed restriction on the affordable housing unit prior to the issuance of a certificate
of occupancy on the building classifying the unit as a Category 2 unit. If the
Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a III 0 of a percent, undivided interest in the unit to the
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The unit may be deed-restricted as -a rental
unit, but the unit shall become an ownership unit at such time as the owners would
request a change to a "for sale" unit or at such time as the Aspen/Pitkin County
Housing Authority deems the unit to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than a year."
Section 3:
This resolution shall not affect 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.
Page 2 of3
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Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 5:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission, are hereby incorporated in such
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
APPROVED by the Commission at its meeting on March 21, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
.
Jackie Lothian, Deputy City Clerk
Page 3 of 3
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__ Option B
Recommending disappr.oval of Special Review and approval of GMQS for Afforda15lo-housing
-
Resolution No. 14
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT GMQS APPROVAL FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING AND DENY THE SPECIAL
REVIEW FOR PARKING OF THE MOTHERLODE AMENDMENT TO
CONSTRUCT ONE AFFORDABLE HOUSING UNIT AND PROVIDE THREE OFF-
STREET PARKING SPACES IN A MIXED-USE BUILDING KNOWN AS 314 EAST
HYMAN A VENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-38-007
WHEREAS, the Community Development Department received an application from
Mother Lode Investors, LLC, requesting Special Review approval and Growth Management
Approval for the Development of Affordable Housing for a mixed-use building known as
314 East Hyman A venue; and,
WHEREAS, the Applicant has requested a combined review for Special Review
approval to provide three rather than four off-street parking spaces and Growth Management
approval for the Development of Affordable Housing to construct one affordable housing
unit; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended denial of the Special Review request, but
approval of the growth management request; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed public
hearing; and,
WHEREAS, the City of Aspen Planning and Zoning Conmlission finds that the
development proposal for the affordable housing unit meets or exceeds all applicable
development standards and that a recommendation of approval of the development proposal is
consistent with the goals and objectives of the Aspen Area Commwuty Plan but that the Special
Review request does not meet all of the applicable review standards; and,
WHEREAS, the Planning and Zoning Commission recommends denial of the
Special Review request to provide three off-street parking spaces and recommends Growth
Management approval for the development of Affordable Housing to develop one 944 sq. ft.
atIordable housing unit on the property known as 314 East Hyman A venue, by a vote of
to L- --'1; and
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
.Resolution fmihers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Page 1 of 3
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Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends denial of a Special Review
request to provide three off-street parking spaces on-site as tlle request does not meet the
review standards outlined in L.V.C. Section 26.515.040 and recommends growth
management quota system approval for the development of one 944 sq. ft affordable housing
unit as shown in Exhibit C of the staff report dated March 2 I, 2006, and as represented at the
public hearing held March 21, 2006
Section 2:
The Applicant shall meet all of the conditions of Ordinance No. 25 (Series 2005) except for
the following language changes:
a. Section 5, Off-Street Parking, shall be amended as to read, "The project shall provide
four (4) off-street parking spaces, one of which shall be designated for the use of
occupant of the affordable housing unit pursuant to the Plaming and Zoning
Commission Resolution No. 12, Series 2005.The Historic Preservation Commission
waived the remainder of the parking requirements pursuant to HPC Resolution No.
31, Series 2004."
b. Section 7, Affordable Honsing, shall be amended to read, "The Applicant shall record
a deed restriction on the affordable housing unit prior to the issuance of a certificate
of occupancy on the building classifying the unit as a Category 2 unit. If the
Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in tlle unit to the
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The unit may be deed-restricted as a rental
unit, but the unit shall become an ownership unit at such time as the owners would
request a change to a "for sale" unit or at such time as the Aspen/Pitkin County
Housing Authority deems the unit to be out of compliance Witll the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than a year."
Section 3:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such pOJ1ion shall be
deemed a separate, distinct and independent provision and shall not affect tlle validity of the
remaining portions tllereof.
Section 5:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission, are hereby incorporated in such
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development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
APPROVED by the Commission at its meeting on March 21, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
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City Attomey
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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Exhibit A
SPECIAL REVIEW CRITERIA AND STAFF FINDINGS
Section 26.515.040, Special Review Standards for establishing, varying, or waiving off-street
parking requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria.
1. The parking needs of the residents, customers, guests, and employees of the project have
been met, taking into account potential uses of the parcel, the projected traffic generation
of the project, any shared parking opportunities, expected schedule of parking demands,
the projected impacts onto the on-street parking of the neighborhood, the proximity to
mass transit routes and the downtown area, and any special services, such as vans,
provided for residents, guest and employees.
Staff Findinrz
The three ~paces proposed will accommodate the parking needs of the residential component of
the mixed-use project. The fourth parking space could accommodate the commercial component
of the property or provide for guest parking in the busy commercial core.
2. An on-site parking solution meeting the requirement is practically difficult or results in
an undesirable development scenario.
Staff Findini!
The Applicant has shown that it is possible to provide the required four ojJ-street parking spaces
through previous site plan layouts and provide an adequate, although not expansive, trash!
utility service area.
3. Existing or planned on-site or off-site parking facilities adequately serve the needs of the
development, induding the availability of street parking.
Staff Findinrz
As proposed, the three parking spaces would only serve the residential component of the project.
The commercial component would not be provided any ojJ-street parking The availability of on-
street parking is tight, as A5pen has a buoy commercial core. The fourth parking 5paC{; which has
been previously approved, will help accommodate additional parking needs for the building.
GMOS AFFORDABLE HOUSING REVIEW CRITERIA AND STAFF FINDINGS
Section 26.470.040 C.7., Affordable Housing provides that t~e development of affordable
housing deed restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines shall be approved, approved with conditions, or denied by the Planning and zoning
Commission based on the following criteria.
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a. Sufficient growth management allotments are available to accommodate the new units,
pursuant to Section 26.470.030.C, Development Ceiling Levels.
S/aff Findinrz
The Applicant '0' project, as proposed, does not require additional allotments. Therejore, staff
finds this criterion to be met.
b. The proposed development is consistent with the Aspen Area Community Plan.
Staff Findinrz
The AACP notes that affordable housing should be developed within the city limits to enhance
the city's economic viability and reinjorce and enhance the community. Added density to the
downtown commercial core encourages a lively downtown. An affordable housing unit provides
the opportunity jar year-round working residents in the downtown. The project provides
affordable housing within the city limits which meets one oj the AA CP '0' housing policies. Staff
would prejer the Applicant provide two affordable housing units as was previously approved, as
added density in the downtown core contributes to core's vitality.
c. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from The Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public hearing with the Board of Directors.
Staff Findinz
As outlined in the memo dated March 3, 2005, Fom the Housing Office, the Housing Board
recommended approval ojthe two affordable housing units as Category 2 units. The current
proposal oj one affordable housing unit at 824 square jeet will be in excess oj the minimum 600
square jeet required jor a Category 2 unit. Thus, staff finds this standard to be met.
d. Affordable Housing required for mitigation purposes shall be in the form of actual newly
built units or buy-down units. Off-site units shall be provided within the City of Aspen city
limits. Units outside the city limits may be accepted as mitigation by the City Council,
pursuant to 26.4 70.040 D.2. Provision of affordable housing through a cash-in-lieu payment
shall be at the discretion of the Planning and Zoning commission upon a recommendation
from the Aspen/Pitkin County Housing Authority. Required affordable housing may be
provided through a mix of these methods.
Staff Findinrz
With the proposal to only have one free-market residential unit, the affordable housing unit is
not required jar mitigation purposes under the current growth management standards oj the
land use code. St(1ff finds this requirement to be met.
e. The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines.
In the alternative, rental units may be provided if a legal instrument, in a form acceptable
to the City Attorney, ensures permanent affordability of the units.
Staf/Findinz
....,.,...
. E:-r\\lt)\\ 1:>
MEAI0RANDUM
TO:
James Lindt
FROM:
Cindy Christensen
DATE:
March 3, 2005
RE:
MOTHER LODE SUBDIVISION LAND USE REVIEW
Parcel ID No. 2737-073-38-007
ISSUE: The applicant is requesting approval to construct a three-story addition on the Mother
Lode Restaurant site located at 314 East Hyman.
BACKGROUND: The following is being proposed:
.
.
Ground Floor: The front of the existing building will remain; the back portion of the
existing building will be demolished and reconstructed.
.
Basement: A basement will be constructed under the back half of the building for storage.
.
2nd Floor: The second floor is to contain three lll1its - two one-bedroom affordable housing
units and a one-bedroom free-market lll1it.
yd Floor: The third floor is to contain a three-bedroom free market lll1it.
.
The structure currently exists of a total 3,804 net leasable square feet. The applicant is proposing to
preserve the historic portion of the existing Mother Lode and to incorporate a larger mixed-use
commercialiresidential structure. According to Section 26.470.070D3 of the Cily Land Use Code,
tlle existing net leasable commercial area located within a designated historic structure may be
demolished and reconstructed exempt from growth management and affordable housing mitigation.
TIus section of the Code also permits the floor area of the replacement structure to ,exceed that of
the demolished structure provided that there is no increase in commercial net leasable area and the
replacement sllucture complies with the dimensional requirements of the underlying zone district.
Approximately 3,259 square feet of the Mother Lode building's 3,804 square feet will be located on
"'
the expanded ground floor. Any portion of the project's net leasable area not utilized on the ground
floor will be located in the basement. The remainder of the basement will be utilized for tenant
storage.
Pursuant to Section 26.470.070D2a oftlle Cily Land Use Code, the expanded structure may contain
one free-market residential lll1it that is also exempt from growth management and affordable
housing mitigation. Section 26.470.070D5(a)(1) requires that affordable housing be provided
commensurate with that which would otherwise be required if an additional free market unit were
1
,-
o
competing for a GMQS allocation, TIus requirement falls under Pal1 VII, Section 3 of the
Aspen/Pitkin County Housing Authority's 2004 AspenlPitkin County Employee Housing
Guidelines, The Guidelines require that 60% of the bedrooms in allY residential subdivision be
restricted as affordable housing, The free-market one-bedroom unit is subject to the affordable
housing mitigation and the three-bedroom unit is exempt Based on this regulation, one and one-
half bedrooms are required to mitigate the proposed one-bedroom free market unit Two one-
bedroom units are planned on-site, mitigating this requirement The two units will each contain
600 net livable areas, This meets the n1inimum requirement as stated in the Guidelines, The
applicant is requesting that these units remain rental units, lf approved, 1/10th of 1 % wldivided
interest will be conveyed to APCHA
The units are further described below: '
I-Bedroom, Category 2 Units
1 Bath
600 sq, ft
I-Bedroom, Free Market
1 Y, Bath
2,060 sq, ft,
Kitchen/Dining/Living
Small Den
Two exterior decks
.
3-Bedroom, Free Market
3 Y, Baths
3,839 sq, ft,
KitchenlDining/Living
Den, Laundry/Storage
Smaller Deck and a
Rooftop deck
A total of 11 off-street parking spaces are required to accommodate the proposed development
What is being proposed is that three of the proposed spaces will be allocated to the project's two
free-market residences while one space will be allocated to the two affordable housing units,
Staff would prefer the units as ownership units, but the applicant is proposing the deed-restricted
wuts as rental units,
RECOMMENDATION: TIle Housing Office has reviewed the application and under the current
Land Use Regulations the two one-bedroom proposed employee housing Uluts satisfy the mitigation
requirements for the development and recommends the Board approve the application alld refer to
City Cowlcil for approval with the follov.ing conditions:
1, Two parking spaces shall be allocated md reserved for the two affordable housing UlutS,
2, The two employee housing units shall be classified as Category 2 units,
3, The wlits will be deed-restricted as rental units but will allow for the units to become
ownerslup wuts at such time the owners would request this change md/or at such time the
APCHA deems the units out of compliallce over a period of more than one year, At such
2
time, the units will be listed for sale with the Housing Office as specified in the deed
restriction at the Category 2 maximum sales price,
4, The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior
to Certificate of Occupmcy,
5, APCHA or the applicmt shall stmcture a deed restriction for the units such that 1/10th of
I percent of the property is deed restricted in perpetuity to the AspenlPitkin County
Housing Authority; or until such time the Ul1its become ownership units; or the applicmt
may propose any other means that the Housing Authority determines acceptable,
3
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''''';
/"......,
Jennifer Phelan
From: Cindy Christensen
Sent: Tuesday, February 07, 2006 3:21 PM
To: Jennifer Phelan
Subject: RE Motherlode
If they still fall within the code, I don't think I need to add to my previous comments.
From: Jennifer Phelan
Sent: Tuesday, February 07, 2006 2:01 PM
To: Cindy Christensen
Subject: Motherlode
Page 1 of 1
Hi Cindy - The redevelopment of the Motherlode was previously approved with a commercial component, two
free-market residential units, and two affordable housing units. An application has been submitted to amend the
approval so that the two free-market units are combined into one unit and the two affordable housing units are
combined into one unit. The overall size of the building will not change.
If you think you may have some comments or concerns on the request, please let me know and I willi provide an
application for your review. Thanks. JP
Jennifer Phelan, Senior Long Range Planner
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
PH: 970.429.2759
FAX: 970.920.5439
www.aspenpitkin.com
3/8/2006
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STAN CLAUSON AsSOCIATES, INC
Planni11g . Urban Design
Landscape Architecture
Transportation Studies
Project Management
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 970.925,2323
FAX: 970.920_1628
E.MA1L: info@scaplanning.com
WEB: www.scaplanning.com
31 January 2006
Ms. Jennifer Phelan, Senior Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Re: Mother Lode, 314 East Hyman Avenue
Dear Jennifer:
In response to your request, we are submitting an addendum to our application requesting
for Special Review to reduce the number of required parking spaces. This additional
information is intended to complete this application requesting 1 )approval for
Subdivision Amendment; 2)Growth Management Review for Minor Enlargement;
3)Affordab1e Housing; and 4) associated reviews to provide for a reduction of the
approved two free-market residential Ul1its and two affordable housing units to one unit
each.
The HPC parking waiver was granted pursuant to the HPC Resolution No. 31 (Series of
2004) allowing a reduction in parking and a waiver of payment- in-lieu fees. The HPC
reduced the project's on-site parking requirement to four spaces and waived the cash-in-
lieu payment for any additional required spaces. Under current code, the 3,804 s. f. of
net lease-able commercial area would require 3,8 parking spaces.
The applicant proposes a site design with three (3) off-site parking spaces rather thm the
originally proposed four (4). Per Community Development/Building Department's
suggestion, a generous egress of at least four (4) feet wide was designed as part of the
service yard. As seen on the architectural plan G-121, Stair 2 which leads to the back of
the building is intended to be a part of the service yard. The better organization of the
building egress, service area, and parking will result in a 0.8 decrease in off-street
PUNNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
o
Jennifer Phelan, Aspen Community Development Department
31 January 2006
Page 2
-
parking spaces. Four off-site parking spaces created narrow, difficult to navigate parking
stalls as well as pedestrian egress from the building md within the service area
Of the proposed three parking spaces, two will be enclosed in a garage structure, and one
is located outside adjacent to the building. These three parking spaces are in compliance
with the residential parking requirement and the Residential Design Standards Section
26.410.040 (C). Therefore, we are requesting approval through Special Review to reduce
the number of off-street parking spaces for the Mother Lode for the commercial addition.
The following are our responses to the appropriate code sections in Chapter 26.430
Special Review per the City of Aspen Land Use Code.
26.430.030 Applicability.
Special review shall apply to all development in the City of Aspen designated for
special review by the following chapters or sections of this title:
. Off-street parking requirements (section 26.515.040),
Response: The applicant requests a reduction in the required number of offstreet
parking spaces, In order to provide for a generous egress for the service yard and a
safer design of the offstreet parking spaces, the amount of parking spaces was reduced
by 0.8. The resulting design leaves three (3) offstreet parking spaces. These three
parking spaces are in compliance with the residential parking requirement and the
Residential Design Standards Section 26.410. 040 (C).
E. Off-street parking requirements. Whenever a special review is conducted to
determine a change in the off-street parking requirements, it shall be considered
in accordance with the staI1dards set forth at Chapter 26.515.
Response: This application is requesting a special review to approve a reduction of one
parking space. This would diminish the total number of spaces fi'omfour (4) to three (3)
offstreet parking spaces. The City of Aspen Land Use Code requires that there will be
one parking space allocated per residential unit.
Four (4) offstredparking spaces were required in the original approval for the
property, and these were distributed among the approved affordable housing and fi'ee-
market units by the Planning & Zoning Commission in Resolution No. 12 (Series of
2005.) With the decrease in the number of units, three (3) offstreet parking spaces will
satisfy the City's parking requirements for the residential portion of the project.
Reducing the required parking to three (3) spaces will also permit an improved
trash/utility storage area and rear building egress. These proposed parking spaces will
include one ADA space and two garaged spaces.
This reduction will have minimal impact in meeting the needs of the Mother Lode
Development, which will consist of a commercial space and two residences. Infact, this
design will allow safer egress fi'om the building as well asji'om the offstreet parking
spaces.
....."...
Jennifer Phelm, Aspen Community Development Department
31 January 2006
Page 3
The information above should respond to all the requirements as required by the City of
Aspen Land Use Code. We eagerly await to present this project and its benefits at the
public hearings.
Very truly yours,
~~
Tanya Stevens
STAN CLAUSON ASSOCIATES, INC
Attachments:
1. North Elevation, A-203
2. Main Level Code Plm, G-121
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (El, ASPEN LAND USE CODE
3lLf f:, ~y l/VtOV\
SCHEDULED PUBLIC HEARING DATE: 3/2-/,/60
ADDRESS OF PROPERTY:
, Aspen, CO
,200_
STATE OF COLORADO )
) ss.
Connty of Pitkin )
I, CS-CtVv\t€..S L' vtJ ~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) ofthe Aspen Lmd Use Code in the following manner:
X:;ublication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
..
\
_ Posting of notice: By posting of notice, which form was obtained frOJr the
Community Development Department, which was made of suitable, .
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and W<tS continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subj ect to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
I
(continued on next page)
J
--
-
Rezoning or text amendment Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoin(I'~ffidavit of Notice" was aCl).no.w1.e1&edtA~e this w..-'i\ay
of 1M (}VV W\ ,200~ by --.J &tVV\A97
.
jRLlCNOTICE
RE: 314 E. HYM AVENUE, SPECIAL REVIEW
AND ASSOCIATE LAND USE REQUESTS
NOTICE L'i HEREBY GIVEN that a public
hearing will beheld Oll Tuesday, March 21. 2006,
at a meeting to begin at 4:30 p.m. b€loretl1e As-
pell Planning and Zoning Commission. Sisters
City Room, City Hall, 130 S. Galena St" Aspen. 10
consider an application submitted by Molher
Lode Investors, LLC, P.O. Box 10147. Aspen, CO
81612,which is the owner 01 lhe subject proper-
ty. The applicant requests Spedal Review appro-
val to reduce the number 01 required oll-slree!
parking spaces for t1ui development from four to
thr~. The Applicant is also requesting Growth
Management Quota System review and approval
for the development of affordable housing. The ~OPY OF THE PUBLICATION
property is legally described as Lots Nand 0,
Block 81 City and Townsite of Aspen, CO, and is
m"'.,"~m""'Yk""W"~314EHym,"M.A& PH OF THE POSTED NOTICE (SIGN)
pen,Colorado,81611.
I For further information, contact Jennifer Phelan [) GOVERNl\1ENTAL AGENCIES NOTICED
at the City 01 Aspen Commumty Development De-
partment. 130 5, Galena 5t., Aspen, CO, (97()) BY MAIL
429.2759,jennifep@cLaspen_co.us.
sl s. Jasmine Tygre, Chair
AspenPla ingandZonlngCommisslon
Published in lhe n Times Weekly on March
ATTACHMENTS:
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: q I ~ l 0 "'l
~ ~ k::;>:~if---J
N P bl' ,'<' \.0 . "
otary U lC ,,{"'.Cc,>:.,, ,~, ;," .
/1j:~~: .. ii\
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,~ (f' ". I-
i ~:;;:: ~:,:':;?
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My Commission E.xp:res 09l2tJ/2009
5,2006,(3512)
I""
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 314 E. Hvman Avenue. Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 21 March .2006
STATE OF COLORADO )
) ss.
Connty of Pitkin )
I, F. 1. (Stan) Clauson (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304,060
(E) of the Aspen Land Use Code in the following manner:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time ofthe public
hearing. A photograph of the posted notice (sign) is attached hereto.
X Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code, At least fifteen (IS) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S, mail to any federal agency, state, county, mw1icipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hUl1dred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin COWlty as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment ofa new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on suc~nts
Signat
The ~ing "Affidavit of Notice" was acknowledged before me this lL day of
~M' , 200~, by /: ~. ( SnJA/) &"wseW
[
,
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 'f-.s::. .1noB._
-r~~
Notary Public
.TTACHMENTS:
OF THE PUBLICA TION
IF THE POSTED NOTICE (SIGN)
lVERNMENT AL AGENCIES NOTICED
BY MAIL
,.,-"
o
PUBLIC NOTICE
RE: 314 E. HYMAN AVENUE, SPECIAL REVIEW
AND ASSOCIATED LAND USE REQUESTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 21,2006, at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sisters City
Room, City Hall, 130 S, Galena St., Aspen, to consider an application submitted by Mother Lode
Investors, LLC, P,O. Box 10147, Aspen, CO 81612, which is the owner of the subject property,
The applicant requests Special Review approval to reduce the number of required off-street parking
spaces for the development from four to three. The Applicant is also requesting Growth
Management Quota System review and approval for the development of affordable housing. The
property is legally described as Lots N and 0, Block 81, City and Townsite of Aspen, CO, and is
more commonly known as 314 E. Hyman Ave., Aspen, Colorado, 81611. For further information,
contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena
St., Aspen, CO, (970) 429.2759,jennifep@ci.aspen,co.us.
sl S. Jasmine TVl!re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Tinles on March 5, 2006
City of Aspen Account
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1000 EAST HOPKINS LLC
215 S MONARCH SUITE 104
ASPEN, CO 81611
409 EAST HYMAN LLC
1322 NEIL AVE
COLUMBUS, OH 43201
BALDWIN HARLEY
205 S GALENA ST
ASPEN, CO 81611
BENTLEYS AT THE WHEELER
PO BOX 10370
ASPEN, CO 81612
CC ASPEN LLC
75-5706 HANAMA PL #104
KAILUA-KONA, HI 96740
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CROSSLAND R H JR REV TRUST
100 ELK RUN DR #129
BASALT, CO 81621
OAVIS HORN INCORPORATED
215 S MONARCH #104
ASPEN, CO 81611
ELLIS DIANA ROQUE
210 E HYMAN AVE #7
ASPEN, CO 81611
FOOTLOOSE MOCCASIN MAKERS INC
240 S MILL ST STE 201
ASPEN, CO 81611
"",OQlC: tU'I.I.~.::IAW ~
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1-800-GO-A\lcrlY
316 EAST HOPKINS LP
RYANCO INC
1220 N STADEM DR
TEMPE, AZ. 85281-1857
AMI MILLER
FLYNN PATRICK
PO BOX 2385
ASPEN, CO 81612
BANK OF ASPEN
C/O EPROPERTY TAX-DEPT 303
PO BOX 4900
SCOTTSDALE, AZ. 85261-4900
BRINING ROBERT
215 S MONARCH ST STE 203
ASPEN, CO 81611
CHARLlES COW COMPANY LLC
315 E HYMAN AVE
ASPEN,CO 81611
CLARK FAMILY TRUST
PO BOX 362
ASPEN, CO 81612
CRYSTAL PALACE CORPORATION
PO BOX 32
ASPEN, CO 81612
DENSON JAMES D
POBOX 1614
TUBAC, AZ. 85646
ELLIS DIANA ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HILLS, CA 90210
FORGE PARTNERSHIP
PO BOX 2914
BASALT, CO 81621
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511 RACE ST
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308 S MILL ST
ASPEN, CO 81611
BARNETT-FRYWALD HOLDINGS INC
C/O BECKER BUSINESS SERVICES
630 E HYMAN AVE
ASPEN, CO 81611
BUSH ALAN DAVID
0046 HEATHER LN
ASPEN, CO 81611-3342
CHERI ROBIN
215 S MONARCH #105
ASPEN, CO 81611
COMCOWICH WILLIAM L
TRUSTEE OF ROBERT BARNARD TRUST
POBOX 1374
ASPEN, CO 81612
DAVIDSON DONALD W
864 CEMETERY LN
ASPEN, CO 81611
DOLE MARGARET M
C/O FIRST NATIONAL BANK OF
CEDARIDGE
PO BOX 8455
ASPEN, CO 81612
FEDER HAROLD L & ZETTA F
985 CASCADE AVE
BOULDER, CO 80302-7550
FREDRICK LARRY D
ROBERTS JANET A
215 S MONARCH ST #G101
ASPEN, CO 81611
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ASPEN INTERNATIONAL ART DBA
213 S MILL ST
ASPEN, CO 81611
GORDON DAVID F & LETICIA LLC
C/O JOE RACZAKlNORTH OF NELL MGT
555 E DURANT
ASPEN, CO 81611
GRANITE TRUST LLC 61.668%
C/O GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN, CO 81611
HART GEORGE DAVID & SARAH C
PO BOX 5491
SNOWMASS VILLAGE, CO 81615
IFTNFS LLC
210 E HYMAN AVE STE 202
ASPEN, CO 81611-2909
JW VENTURES LLC
917 E HYMAN
ASPEN, CO 81611
KATIE REED INVESTORS LLC 33.332%
C/O GARFIELD & HECHT PC
601 E HYMAN AVE
ASPEN, CO 81611
KREVOY BRADLEY R TRUST 50%
2311 LA MESA DR
SANTA MONICA, CA 90402
LINDNER FRITZ & ERIKA L TRUSTEES
66966 TEN PEAKS CT
BEND, OR 97701-9277
MORRONGIELLO CHARLES
MORRONGIELLO LYDIA
18 SCHOOL LN
LLOYD HARBOR, NY 11743
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GOLOSTEIN PETER & ALAN
150 METRO PK #2
ROCHESTER, NY 14623
GRAND FINALE L TO
PO BOX 32
ASPEN, CO 81612
GRIFFITH LARRY R
19794 ESCADA CT
REDDING, CA 96003
HILLIS OF SNOW MASS INC
170 E GORE CRK
VAIL, CO 81657
JMS LLC
210 E HYMAN AVE STE 202
ASPEN, CO 81611-2909
KANDYCOM INC
766 SINGING WOOD DR
ARCADIA, CA 91006
KAUFMAN GIDEON I
315 E HYMAN AVE STE 305
ASPEN, CO 81611
L1MELlTE INC
ATTN DALE PAAS OR SUE WOOLERY
PO BOX 131
BASALT, CO 81621
MEEKER RICHARD J AND ALLISON 0
0752 MEADOWOOD DR
ASPEN, CO 81611
MSJ PROPERTIES LLC 50%
302 E HOPKINS
ASPEN, CO 81611
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GOODING RICHARD L
4800 S HOLLY ST
ENGLEWOOD, CO 80111
GRAND SLAM HOLDINGS LLC
C/O CARL B L1NNECKE CPA PC
215 S MONARCH ST #101
ASPEN, CO 81611
HALL CHARLES L 49%
230 S MILL ST
ASPEN, CO 81611
HYMAN MALL COMMERCIAL CONDOS
LLC
290 HEATHER LN
ASPEN, CO 81611
JOHNSON PETER C & SANDRA K
51 OVERLOOK DR
ASPEN, CO 81611-1008
KANTZER TAYLOR MICHAEL FAMILY
TRUST #1
6501 VISTA DEL MAR
PLAYA DEL REY, CA 90293
KELLY PROPERTIES INC
PO BOX 8429
ASPEN, CO 81612
L1MELlTE INC
PAAS LEROY G
228 E COOPER AVE
ASPEN, CO 81611
MILL STREET PLAZA ASSOCIATES LLC
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
MTN ENTERPRISES 80B
C/O HILLIS OF SNOW MASS
170 GARE CRK DR
VAIL, CO 81657
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215 S MONARCH ST G102
ASPEN, CO 81611
PARK CENTRAL CONDO ASSOC
215 S MONARCH ST STE 203
ASPEN, CO 81611
PROSPECTOR FRACTIONAL OWNERS
ASSOC
301 E HYMAN AVE #108
ASPEN, CO 81611
SSM LAND AQUISITION CO LLC
2121 KIRBY DR #99
HOUSTON, TX 77019
VAIL FINE ART GALLERY INC
141 E MEADOW DR#C135
VAIL, CO 81657
WHITMAN WENDALlN
210 E HYMAN AVE #101
ASPEN, CO 81611
WITEK ROBERT J
215 S MONARCH #G-103
ASPEN, CO 81611
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210 E HYMAN AVE #8
ASPEN, CO 81611
RACZAK JOSEPH S & JANET L
215 S MONARCH ST STE 106
ASPEN, CO 81611
THE ISIS BUILDING LLC
205 S MILL ST # 301A
ASPEN, CO 81611
WENDELlN ASSOC
150 METRO PARK
ROCHESTER, NY 14623
WHITMAN WENDALlN
PO BOX 472
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YOUNG BARBARA A
210 E HYMAN - #9
ASPEN, CO 81611
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540 W SMUGGLER
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PETERSON BROOKE A 50%
302 E HOPKINS AVE
ASPEN, CO 81611
SEGUIN WILLIAM L
PO BOX 4274
ASPEN, CO 81612
TRUE JAMES R
215 S MONARCH #102
ASPEN, CO 81611
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315 E HYMAN
ASPEN, CO 81611
WILLIAMS DEXTER M 51%
230 S MILL ST
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Page 1 of2
...
Jennifer Phelan
From:
Sent:
To:
Tanya Stevens [tanya@scaplanning.com]
Thursday, March 02, 2006 11:44 AM
Jennifer Phelan
Subject: Motherlode Floor Area Sheets
Attachments: Motherlode FAR Calcs 3-2-06.pdf
Hi Jennifer-
Poss has made changes to sheet G-003 or Attachement 6 of our application for the Mother Lode Redevelopment.
The architect divided the sheet into two 11X17 sheets for convenience and legibility. The content is the same as
Attachment 7 where floor area calculations are categorized by use for the proposed configuration. The new
numbers for the free market and commercial areas show floor area calculations per the land use code, where
square footage for mechanical areas, such as elevator shafts, are subtracted.
I have attached these two sheets for your reference. Please let me know if this layout is what you had in mind. If
not, we can make the additional changes requested.
Thank you,
Tanya
Tanya Stevens, planner
Stan Clauson Associates, lnc
200 East Main Street
Aspen, CO 81611
Tel. (970) 925-2323
Fax. (970)920-1628
Planning and Design Solutionsfilr Communities and Private Sector Clients
3/17/2006
Page 1 of 1
Jennifer Phelan
From: Cindy Christensen
Sent: Tuesday, February 07, 2006 3:21 PM
To: Jennifer Phelan
Subject: RE: Motherlode
If they still fall within the code, I don't think I need to add to my previous comments.
From: Jennifer Phelan
Sent: Tuesday, February 07, 2006 2:01 PM
To: Cindy Christensen
Subject: Motherlode
Hi Cindy - The redevelopment of the Motherlode was previously approved with a commercial component, two
free-market residential units, and two affordable housing units. An application has been submitted to amend the
approval so that the two free-market units are combined into. one unit and the two affordable housing units are
combined Into one unit The overall size of the building will not change.
If you think you may have some comments or concerns on the request, please let me know and I willi provide an
application for your review. Thanks. JP
Jennifer Phelan, Senior Long Range Planner
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
PH: 970.429,2759
FAX: 970920.5439
www.aspenpitkin.com
3/8/2006
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-....LAN CLAUSON ASSOCIATES, 'Nt
Planning. Urban Design
Landscape Architecture
Transportation Studies
Project Management
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHOl"E: 970.925.2323
FAX: 970.920.1628
E-MAIL: info@scaplanning.com
WEB: wwwscaplanning.com
31 January 2006
Ms. Jennifer Phelan, Senior Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Re: Mother Lode, 314 East Hyman Avenue
Dear Jennifer:
In response to your request, we are submitting an addendUl11 to our application requesting
for Special Review to reduce the number of required parking spaces. This additional
information is intended to complete this application requesting I )approval for
Subdivision Amendment; 2)Growth Management Review for Minor Enlargement;
3 )Affordable Housing; and 4) associated reviews to provide for a reduction of the
approved two free-market residential units and two affordable housing wits to one unit
each.
The HPC parking waiver was granted pursuant to the HPC Resolution No, 31 (Series of
2004) allowing a reduction in parking and a waiver of payment- in-lieu fees. The HPC
reduced the project's on-site parking requirement to four spaces and waived the cash-in-
lieu payment for any additional required spaces. Under current code, the 3,804 s. f. of
net lease-able commercial area would require 3.8 parking spaces,
The applicant proposes a site design with three (3) off-site parking spaces rather than the
originally proposed four (4). Per Community Development/Building Department's
suggestion, a generous egress of at least four (4) feet wide was designed as part of the
service yard. As seen on the architectural plan G-121, Stair 2 which leads to the back of
the building is intended to be a part of the service yard. The better organization of the
building egress, service area, and parking will result in a 0.8 decrease in off-street
PLANNING AND DESIGN SOLunONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
Jennifer Phelan, Aspen ~mmunity Development Department
31 January 2006
Page 2
-,
--
parking spaces. Four off-site parking spaces created narrow, difficult to navigate parking
stalls as well as pedestrian egress from the building and within the service area.
Of the proposed three parking spaces, two will be enclosed in a garage structure, and one
is located outside adjacent to the building. These three parking spaces are in compliance
with the residential parking requirement and the Residential Design Standards Section
26.410.040 (C). Therefore, we are requesting approval through Special Review to reduce
the number of off-street parking spaces for the Mother Lode for the commercial addition.
The following are our responses to the appropriate code sections in Chapter 26.430
Special Review per the City of Aspen Land Use Code.
26.430.030 Applicability.
Special review shall apply to all development in the City of Aspen designated for
special review by the following chapters or sections of this title:
. Off-street parking requirements (section 26.515.040),
Response: The applicant requests a reduction in the required number of off-street
parking spaces. In order to provide for a generous egress for the service yard and a
safer design of the off-street parking spaces, the amount of parking spaces was reduced
by 0.8. The resulting design leaves three (3) off-street parking spaces. These three
parking spaces are in compliance with the residential parking requirement and the
Residential Design Standards Section 26.410.040 (C).
E. Off-street parking requirements. Whenever a special review is conducted to
determine a change in the off-street parking requirements, it shall be considered
in accordance with the standards set forth at Chapter 26.515.
Response: This application is requesting a special review to approve a reduction of one
parking space. This would diminish the total number of spaces from four (4) to three (3)
off-street parking spaces. The City of Aspen Land Use Code requires that there will be
one parking space allocated per residential unit.
Four (4) off-street parking spaces were required in the original approval for the
property, and these were distributed among the approved affordable housing and free-
market units by the Planning & Zoning Commission in Resolution No. 12 (Series of
2005.) With the decrease in the number of units, three (3) off-street parking spaces will
satisfY the City's parking requirements for the residential portion of the project.
Reducing the required parking to three (3) spaces will also permit an improved
trash/utility storage area and rear building egress. These proposed parking spaces will
include one ADA space and two garaged spaces.
This reduction will have minimal impact in meeting the needs of the Mother Lode
Development, which will consist of a commercial space and two residences. Infact, this
design will allow safer egress from the building as well as from the off-street parking
spaces.
_I.....
,-..
-
... -'
Jennifer Phelan, Aspen Community Development Department
31 January 2006
Page 3
The information above should respond to all the requirements as required by the City of
Aspen Land Use Code. We eagerly await to present this project and its benefits at the
public hearings.
Very truly yours,
~~
Tanya Stevens
STAN CLAUSON ASSOCIATES, INC
Attachments:
1. North Elevation, A-203
2. Main Level Code Plan, G-121
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Page 1 of 1
Jennifer Phelan
From: Stan Clauson [clauson@scaplanning.com]
Sent: Friday, January 20, 2006 1 :08 PM
To: Chris Bendon
Cc: Jennifer Phelan
Subject: Motherlode Amendment Application Combined Reviews
Attachments: Pre-app Mother Lode Subdivision Amendment.doc
Dear Chris,
In discussing our application for an amendment to the Motherlode approvals, Jennifer Phelan has brought to our
attention that we imply but do not specifically state that we respectfully request Community Development Director
approval for a consolidation and combining of the various required reviews. Please consider this to be a formal
request for combined reviews that would occur before the City Council as outlined in the Pre-application
Conference Summary prepared by James Lindt on 20 October 2005 (attached).
I look forward to hearing from you with respect to this request.
Best regards,
Stan
Stan Clauson, AICP, ASLA
Stan Clauson Associates, In'
Planning, Permitting and Design Services for Communities and Private-Sector Clients
200 E. Main Street
Aspen, Colorado 81611
Tel: +1 970 92S 2323
Fax: +1 970 920 1628
www.scaplanning.com
1/23/2006
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Al!reement for Pavment of City of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and Mother Lode Investors. LLC (hereinafter APPLICANT)
AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for Mother Lode Amendment
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of2000)
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 ofthe 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 Ii 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 ofthe application mentioned above, including post approval review at a rate of
$220.00 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:
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Chris Bendon Community Development Director
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Date:
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Billing Address and Telephone
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