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Home My WebLink AboutLand Use Case.100 Luke Short Ct.A014-03- Centennial Il PIND Minor Amendment 100 1.111:e ~, Short Ct 273707427701 .\014-03 1, /0 0 L wk 36-A Ct Ag: Ao/4-03 73<ler:-Â·vâ€¢6<1. gog eD-If .--11 4 i -7 External Media Located Here M-007574 i CASE NUMBER A014-03 PARCEL ID # 2737-074-27701 CASE NAME Centenntial PUD Amendment PROJECT ADDRESS 100 Luke Short Court PLANNER James Lindt CASE TYPE PUD Minor Amendment OWNER/APPLICANT Centennial Aspen 11 Ltd Partnership REPRESENTATIVE Kim Raymond Architects Inc DATE OF FINAL ACTION 5/20/03 CITY COUNCIL ACTION PZ ACTION Reso. 12-2003 ADMIN ACTION Approved BOA ACTION DATE CLOSED 5/21/03 BY J. Lindt ~ PARCEL ID: ~2737-074-27701 DATE RCVD: ~02/19/03 # COPIES:F-- - CASE NO|A014-03 CASE NAME:~Centerntial PUD Amendment PLNR:~James Lindt PROJ ADDR:~100 Luke Short Court CASE TYP:~PUD Minor Amendment STEPS:~ OWN/APP: Centennial Aspen 11 ADR~100 Luke Short Ct C/S/Z: ~Aspen/CO/81611 PHN:] REP:~Kim Raymond Architects Inc ADR:~412 N Mill St C/S/Z:jAspen/CO/81611 PHN1925-2252 FEES DUE:~ FEES RCVD~$1260 STAT: F REFERRALS~ REF:~ BY~ DUE:~ MTG DATE REV BODY PH NOTICED | : DATE OF FINAL ACTION:|5/20/03 CITY COUNCIL: REMARKS~ PZ: Reso. 12-2003 BOA: CLOSED:~5/21/03 BY: ~J. Lindt DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):~ ADMIN: Approved DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights'=, of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075. or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the properly noted below for the site specific development plan as described below. Centennial Aspen H Ltd. Partnership, 100 Luke Short Ct., Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Building H, Centennial PUD (100 LlIke Short Ct.) Legal Description and Street Address of Subject Property Approval to move and expand Office and to construct a model unit Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 12, Series of 2003, 5/20/03 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 31,2003 Effective Date of Development Order (Same as date of publication of notice of approval.) June 1,2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) st Issued this 31 day of May, 2003, by the City of Aspen Community DeyÂ©lopment Director. (1-2-4 AU,Oy Jul~Ann Woods, Communifbevelopment Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public ofthe 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: Building H, Centennial Subdivision/PUD, by resolution of the Aspen Planning and Zoning Commission numbered 12, Series of 2003. The approval allows for the office to be moved to the basement and expanded and allows for the creation of a model unit. For further information contact Julie Ann Woods. at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Publish in The Aspen Times on May 31, 2003 497 2 11111.11"1'11111 1 -1-111111111111111111 11 Page: i of 7 il 05/25/2004 09:17A SI-VIA DAVIS FI [KIN DOG, Â·! f CO R 36.00 D 0.00 PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT CENTENNIAL APARTMENTS MODEL UNIT AND WILLA PARK PROJECT THIS PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT is made this L -4 day of /1 ..1, 2004, by and between the Centennial-Aspen II Limited Partnership, A Colorado Limited Partnershib (hereinafter referred to as "the Owner"), and the City of Aspen, Colorado, a municipal corporation and home rule charter city (hereinafter referred to as "the City"). RECITALS WHEREAS, the Owner owns that certain real property located in the City of Aspen, County of Pitkin, legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat (hereinafter referred to as "Lot 3"); and WHEREAS, in August, 2003, the Owner submitted a land use application to the City to allow for the previously-approved model unit in Building H of the Centennial Apartments to be converted into a deed restricted affordable housing unit and to subdivide Lot 3 so as to allow the existing playground in front of Building H to be dedicated to the City as a public park (hereinafter referred to as the "Project"); and WHEREAS, pursuant to Ordinance No. 56 (Series of 2003), the City granted PUD Amendment, Growth Management Quota System Exemption, Rezoning, and Subdivision approval to the Project; and WHEREAS, the City imposed conditions and requirements on the Owner in connection with the approvals described above, such conditions and requirements being necessary to protect, promote, and enhance the public health, safety and welfare. Such conditions are set forth in Ordinance No. 56 (Series of2003); and WHEREAS, under Sections 26.445.070 and 26.480.070 ofthe Municipal Code ofthe City of Aspen, the City is entitled to assurance that the matters agreed to herein will be performed by the Owner and its successors or assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide to the City assurances, as set forth herein; and WHEREAS, the Owner has submitted to the City for approval, execution, and recording a final plat for the Project (the "Plat") and the City agrees to approve, execute, and record the Plat at the Owner's expense on the agreement of the Owner to the matters described herein, subject to the provisions ofthe Municipal Code ofthe City ofAspen and other applicable rules and regulations. 1 ~,m ~Imm~ E - 7962 e: 2 of 7 1 111 i 11 :1 e'|Ill Ilil 3 11 illl! 11 111 "1 i~ 1 1 i 05/25/2004 09:17A SILVIA [AVIS PITKIN COUNTY 00 R 36.00 D 0 00 NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance ofthe Plat for recordation by the City, it is agreed as follows: 1. Description of Proiect. The Project consists ofthe following elements: â€¢ The construction of an additional 820 square feet of space and the conversion of a portion ofthe existing Centennial Apartments office to residential square footage. This will permit the conversion of the office to a new deed restricted 1,352 sq. ft. two bedroom loft model unit, and the relocation ofthe office to the lower level ofBuilding H (eliminating the existing conference room, storage area, and some ofthe hallway that leads to the laundry). + The re-subdivision of Lot 3 into Lots 3A and 3B. Lot 3A is a reconfigured lot on which Centennial Apartments is located. Lot 3B encompasses the existing playground and the immediately surrounding park area and is being dedicated to the City. 2. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the Plat by the Engineering Department and Planning Office, the City will approve and execute the Plat for the Project, which conforms to the requirements of Section 26.480.060 of the Municipal Code. The City will accept such plat for recording in the offices of the Pitkin County Clerk and Recorder upon Owner's payment ofthe recordation fee. 3. Effect of Plat and Agreement. The Owner and the City hereby acknowledge that the Plat, this PUD and Subdivision Agreement, and Ordinance No. 56 (Series of 2003) constitute the final development plan and development regulations for the Project, pursuant to Chapter 26.445 of the Municipal Code. The Owner and the City further acknowledge that on May 10, 1983, the owner and Pitkin County entered into a Disposition and Development Agreement for the construction, management, and operation of an employee housing project upon that land described in the Disposition and Development Agreement as "the Site" Furthermore, the First, Second, Third, and Fourth Amendments to the Disposition and Development Agreement were executed by Pitkin County and the Owner on April 27, 1984; August 8, 1984; Aprii 10,1986; and September 21, 1987, respectively. Since the time that the Disposition and Development Agreement and the Amendments to that Agreement were executed, the Site has been annexed into the City of Aspen. Therefore, by its execution of this PUD and Subdivision Agreement, the City of Aspen is, in effect, adopting a further amendment to the Disposition and Development Agreement. From hereinafter, all references to Pitkin County in the Disposition and Development Agreement or its Amendments shall be interpreted to also include the City of Aspen, in recognition of the incorporation of the Site into the City of Aspen. Except as modified herein, the Disposition and Development Agreement shall remain in full force and effect as previously executed. If any provision of this PUD and Subdivision Agreement is inconsistent with any provision ofthe Disposition and Development Agreement, then the provision contained herein 2 97962 3 of 7 05/25/2004 09.17A shall prevail and control. SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 4. Construction Schedule and Phasing. The City and Owner mutually acknowledge that an exact construction schedule cannot be determined for the Project at this time. However, it is anticipated that construction of the Project will begin within three (3) years ofthe date ofvesting ofthe Owner's rights in the Project. 5. Conditions of PUD/GMOS Exemption Approval. The Owner will satisfy the conditions of PIJD/GMQS Exemption approval established in Section 1 of Ordinance 56 (Series of 2003) with respect to the model unit, as follows: a. Occupancy. The Owner agrees that occupancy of the model unit will be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time. Occupancy will be permitted by the Owner, the Owner's regular or contract employees, or the regular or contract employees of the Owner's designated management firm while engaged in the ordinary course of business. These limitations on occupancy shall be in place until such time as the unit is rented or sold, either as an individual condominium unit as part of the Centennial Rental Affordable Housing Complex. b. Rental or Sale. If the model unit is rented or is sold with the remainder of the Centennial Rental Affordable Housing Complex, the rental or sale will be pursuant to the terms of the Disposition and Development Agreement for a Category 3 unit. c. Report. The Owner will submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the model unit and on what dates it has been occupied during the past quarter. This report will be submitted each quarter until the unit is rented or it is sold as an individual condominium unit or as part of the Centennial Rental Affordable Housing Complex. d. Waiver. The Owner and the City acknowledge that a waiver of asset, residency, and income restrictions is in place for the model unit until such time as the unit is rented or it is sold in accordance with the Disposition and Development Agreement as amended as a Category Three individual condominium unit or as part of the Centennial Rental Affordable Housing Complex. e. Effect. The Owner and the City acknowledge that the approval granted by Ordinance 56 (Series of 2003) supersedes Planning and Zoning Commission Resolution No. 12 (Series of 2003) and voids conditions #1 and #10 in said 3 2- 497962 Page: 4 of 7 Mil w WEd, ~||~ 05/25/2004 09:17A SIL.kIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 Resolution. The other conditions of said Resolution remain in full force and effect. 6. Conditions of Subdivision Approval. The Owner will satisfy the conditions of subdivision approval established in Section 2 ofOrdinance 56 (Series of2003), as follows: a. Subdivision Plat and Agreement. The Owner is hereby submitting a subdivision plat and a subdivision agreement, both of which are to be recorded within 180 days of the City Council's approval of the project. b. Irrigation Water. The Owner will allow the Parks Department to use the Owner's water system to irrigate the park. All costs for water service will be paid for by the Owner. The City of Aspen will be responsible for maintaining the sprinkler system within Lot 3B, and will be responsible for maintaining all other improvements within the playground. c. Park Size. The size and general figuration ofLot 3B, as shown on the Plat, is the same as was represented in the application subnitted to the City for the Project and as was accepted by the City in Ordinance 56, Series of2003. d. Sign. The City of Aspen will erect a sign at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the public entrance to Willa Park. e. Utility Easement. The only public utility easement that crosses Lot 3B is for a sewer line. The Owner has previously granted authority for the Aspen Consolidated Sanitation District to repair, maintain and replace that line via the document recorded in Book 544 at Page 558 of the records of the Pitkin County Clerk and Recorder. f. Conservation Easement. The City of Aspen hereby agrees to place a conservation easement over Lot 3B. g. Annexation. The Owner will cooperate with the City of Aspen to take those actions necessary to ensure the entire Site is incorporated within the municipal limits ofthe City ofAspen. h. Sidewalks. The Owner will continue to perform snow removal from the sidewalks located along Brown Lane and Park Circle. 7. Contribution to Park Improvements. The Owner has voluntarily agreed to make a cash contribution to the City towards the improvement ofWilla Park. The Owner hereby agrees to pay to the City the lesser of (a) $25,000 or (b) the actual cost of the improvements made to the Park, as 4 I'll' 497962 11" lilli 111111111111 ~1111 lilli 111 lilli lili 12 Page: 5 of 7 i 11.. li!11 6!1 . 2,1118 10&ii 11 001 IIi 0%111 Ii|| 1.01 05/25/2004 09: 17A SIJ.IA DAVIS PI 1-KIN COUNTY CÂ·) R 36.00 D 0.00 shown on the site plan prepared by the City that was included as part of the land use application. Payment shall be made by the Owner to the City promptly following the receipt by the Owner of invoices from the City demonstrating the amount of out-of-pocket costs incurred by the City to accomplish the agreed-upon improvements to the Park. 8. Material Representations. All material representations made by the Owner on record to the City in accordance with the approval of the Project shall be binding upon the Owner, its successors, and assigns. 9. Enforcement. In the event the City determines the Owner is not in substantial compliance with the terms of this Agreement or the Plat, the City may serve a Notice of Non- Compliance and request that the deficiency be corrected within a period of forty-five (45) days. In the event the Owner believes that it is in compliance, or that the non-compliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged non-compliance exists, or whether any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to standard procedures and take such action as it then deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct, and/or receive damages for any non-compliance with this Agreement. 10. Notices. Notices to the parties shall be sent by U.S. Certified Mail, return receipt requested, postage prepaid, to the addresses set forth below, or to any other address which the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of same. To the Owner: Mr. Sam W. Brown, President World Class Housing, Inc. 2320 Pomona Avenue Martinez, California 94533 With a copy to: Mr. Harris Sherman Arnold and Porter, P.C. 370 Seventeenth Street, Suite 4500 Denver, Colorado 80202- 1 370 With a copy to: City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 11. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding and enure to the benefit ofthe Owner, its successors and assigns and to the City, its successors, and assigns. 5 I t 111111111- 1 - 1 *11111 Ilill~11111.11 lilli 497962 Page: 6 of 7 05/25/2004 09:17A SILVIA DAVi S PI-KIN COG.TY Co R 36.00 D 0.00 12. Amendment. This Agreement may be altered or amended only by written instrument executed by all the parties hereto, with the same formality as this Agreement was executed. 13. Severabilitv. Ifany ofthe provisions ofthis Agreement are determined to be invalid, it shall not effect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision/PUD Agreement the day and year first above written. ATTEST: THE CITY OF ASPEN, COLORADO , a municipal c a 4Â»uâ€ž )4440=-Â·-Ittk~ Katherine S. 0Eh, tity Clerk Hemen K. Klandemd, May'5r- APPROVED AS TO FORM: 04a .1.1.~~h 41 , Jo 6 10 worce 01-er John Worcester, City Attorney CENTENNIAL-ASPEN n LIMITED PARTNERSHIP, BY: WORLD CLASS HOUSING, INC. ITS GENERAL PARTNER ET +W 210 Sdm W. Brown, Presi~plt STATE OF COLORADO ) ) SS: COUNTY OF PITKIN) The foregoing instrument was acknowledged before me this,Q3~!ay of '91&52Â£64004 by Helen Klanderud, as Mayor, and Katherine S. Koch, as City Clerk ofthe City of Aspen. / Witness my hand and official seal. *0~~~ My commisdon expires: 041 /"k-Â¢**NA /0,5 ~OF CkGr- 1 7--- . ..cc:0,5,protary Public (-7 6 11 411.lili I IR ! 1 1 497962 STATE OF COLORADO ) ) SS: 05/25/2004 09.17A Page: 7 of 7 SJL':-R DAVIS PITKIN COUNTY CO R 36.00 D 0,00 COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this (f) day of UOLI , 2004 by Sam W. Brown, as President ofWorld Class Housing, Inc. Witness my hand and official seal. My commission expires: 9 1134 09 - )YONBM_zld:clfÂ» Notary PultÂ¥ LA..7 < <MORGAN M-1 ~ 0-63 4- 14 fratÂ«- 1 4 FRAZIER * 1 My CommiÂ«inn Excires 9/12/2006 7 PLEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN, CO 81611 %~ MAY, 28. 2004 11:20AM PITKIN COUNTY CLERK RECORDER-Â·Â·--Â·Â·Â· -NO, 645 P, 1 1 1"LIIn Ill Ililliuillilill 1 49 1 0 4- Page, of 3 5 L 05/25/2004 09;16A S.LVIA DAVIS 171(IN COLz.-Y CO R 16.00 D 0.00 SPECIAL WARRANTY DEED This Special Warranty Deed (this "Deed") is made this . day of , 2004 between CENTENNIAL-ASPEN II LIMITED PARTNERSHIP, a Colorado limited partnership, whose address is do Centennial Community Management, Inc, 100 Luke Short Court, Aspen, Colorado 81611 C'Grantor"), and the CITY OF ASPEN, COLORADO, a municipal corporation of'the State of Colorado, whose address is City Hill, 130 S. Galena Street, Aspen, Colorado 81611 C'Grantee"). Grantor, fbr the consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells and conveys to Grantee and its successors and assigns forever the real property (the "Property") described as ibllows: Lot 3B, Third Amended Plat of the Centennial Subdivision, City of Aspen, , County of Pitkin State of Colorado; Reserving, however, to the Grantor the Right of Re-entry Rjr condition broken, as described below (the "Right of Re-ently"), with all its appurtenances, and warrants the title against all persons claiming under the Grantor and not otherwise, EXCEPT AND SUBJECT TO (i) those matters ofrecord as of the date hereof and (ji) the Grantor's Right of Re-entry, which Right of Re-entry is made for the benefit of Grantor, its sucÂ¢essors, and assigns, and which Right of Re- entry imposes a burden on the Property. Grantee acknowledges that the Right of Re-entry represents an important part of the consideration paid for the Property, and a material inducement to Grantor for conveying the Property to Grantee. Grantor is conveying the Property to Grantee for dedication or other permanent appropriation by Grantee asa public park and children's playground and fbr no other purpose. In the event the Property is not so dedicated or permanently appropriated on or before the date that is one year after the date of recording this Deed, or if at any time Grantee ceases to own the Property or the Propeity is used for any purpose other than a public park or children's playground, Grantor shall be entitled, upon the exercise of Grantor's Right of Re-entry by written notice to Grantee, to a reconveyanop of the Property and delivery ofexclusive possession of the Property. In that event, Grantee's reconveyance and delivery of exclusive possession to Grantor of the Property will be by Special Warranty Deed, free and clear of all liens and ' encumbrances other than those matters listed on Exhibit A. Furthermore, in the event Grantor exercises such Right of Re-entry, Grantor shall be entitled to remove any and all improvements or personal propeny located on the Property (the "Improvements"), and landscape or otherwise improve the Property, subject to the applicable requirements of the City of Aspen Municipal Code and other applicable state and local laws. NO DOCUMENTARY PEE IS REQUIRED PURSUANT TO COLO, REV. STAT. Â§ 39-13- 104(1)(a). '. .14 1(.0 1,44 149Â·.li~4 4 2./4_ 1 C:\WINDOWS\Temporary Internet FLies\ContentiELOGBX4BIV\SPECIAL WARRANTY DEED.004.doc MAY. 28. 2004 11~21AM PITKIN COUNTY CLERK RECORDER NO. 645 P 2 1-ciifiÂ£Ii-ii -ici -.-IL-5- iil-iiiiiiiiiililt 05/25/2004 00:leA 4-.J61 Page: 2 of 3 SILVIA U VIS PITKI COWTY Co R 16.00 0 0,00 In consideration ofthe conveyance ofthe Property to Grantee, Grantee shall at all times, maintain the Property and any improvements thereto or equipment located thereon in a cleans safe, and sanitary condition to the same standard as other property owned or operated by the Grantee for similar purposes. In addition, ibr so long as the Propelly is owned by Grantee or used for park or playground purposes, the Property shall be named and be known as "Willa Park" and shall be so identified on all of Grantee's maps and municipal documents and on any on-site identification ofthe Property as a park or playground owned and operated by Grantee. Grantor has executed this Deed on the date set forth above. CENTENNIAL-ASPEN n LIM[TED PARTNERSHIP, a Colorado limited partnership By: CENTENNIAL-ASPEN, A LIMITED PARTNERSHIP, a Colorado limited partnership, General Partner By: WORLD CLASS HOUSING, INC., a Delaware corporations GeneE P 1 FLO lâ€¢ By: Sam W. Brown, Jr., President ~ STATE OF COLORADO ) ) SS. COUNTY OF ) Acknowledged befbre me this -9_ day of _ ~4 , 2004 by Sam W. Brown, Jr., President of World Class Housing, Inc,, a Delawarâ‚¬korporation, General Partner of Centennial-Aspen, a Limited Partnership, a Colorado limited partnership, General Partner of Centennial-Aspen II Limited Partnership, a Colorado limited paitnership, Witness my hand and official seal r.1/00 [SEAL] Notary Public My Commission-Expaes: 1 l lD ~ACÂ©4 , ~34* H: t RALENE L: PETERSON ~~ ~40'Â·Â·Â·~* *Â¥ Commission Expites v 1/ 1./, (006 MAY. 28. 2004 11:21AM PITKIN COUNTY CLERK RECORDER NO. 645 P. 3 ACCEPTED AND AGREED to by Grantee thi< / day of MA-7 :2004. ATTEST: CITY OF ASPEN, a Coloradoj~Â£ia~%Poration rtike,7-) 42< -Bal / Ipt~*â€¢-CM-- Kathryn Koc*City Clerk HeTÂ©4121Â¢,f621~layor RECOMMENDED A~D APPROVED: APPROVED AS TO FORM: By: 42.--Â£6+99/ Jul{*Ann Woods, Director of DBBartment ofCommunity Development ASPEN CITY ATTORNEY, Attorney for the City of Aspen Br. 0-1 04- Assistant City Attorney I illill ilill lilli lill illil lillillm' 111 lilli lill lill 05/25/2004 09;TER 497961 Page: 3 of 3 SILVIA DAVIS PITKIN COUNTY CO R 10.00 D 0.00 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) Acknowledged before me this 4*day of 19%,:sÂ» , 2004 by Helen Klanderud, Mayor of the City of Aspen, a Colorado municipal Q#iporation. ~ hand and official seal unpkithdak UFW *ary Public .~Expires: [Al-*Cat_- RESOLUTION N0.12 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, SPECIAL REVIEW TO 1)PAY CASH-IN-LIEU OF PROVIDING REQUIRED OPEN SPACE/PEDESTRIAN AMENITY, 2)TO ESTABLISH THE AFFORDABLE HOUSING PARKING REQUIREMENTS, AND 3) TO VARY DIMENSIONAL REQUIREMENTS OF TRASH/UTILITY SERVICES AREA, A GMQS EXEMPTION FOR EXPANSION OF A HISTORIC STRUCTURE THAT ADDS MORE THAN ONE RESIDENTIAL DWELLING UNIT, AND RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE MOTHER LODE SUBDIVISION, AND A GMQS EXEMPTION FOR 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. Parcel ID: 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 for the proposed development pursuant to HPC Resolution No. 31, Series of 2004; and, WHEREAS, upon review ofthe application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 15, 2005, the Planning and Zoning Commission approved Resolution No. 12, Series of 2005, by a four to two (4-2) vote, approving special review to pay cash-in-lieu of providing the required open space, special review to establish the affordable housing parking special review to vary the dimensional requirements for the trash/utility services area, a GMQS exemption for expansion of a historic structure that adds more than one residential dwelling unit, and recommending that City Council approve with conditions, the proposed Subdivision and GMOS exemptions to construct a three-story addition to the Mother Lode building at 314 E. Hyman Avenue; and, Illilli -111-lilli 11111111111 11 1 508884 Page: 1 of 6 04/13/2005 09:23A SILVIA DA\,IS FI-KIN COUN-1 Y CO R 31.00 D 0.00 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; and, WHEREAS, the Planning and Zoning Commission 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 Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublie health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, special review to pay cash-in-lieu of providing the required open space, special review to establish the affordable housing parking requirements, special review to vary the dimensional requirements for the trash/utility services area, a GMQS exemption for the expansion of a historic structure that adds more than one residential dwelling unit, and recommending that City Council approve 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 Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days o f approval. Section 3: Building Permit Application The building permit application shall include the following: a. A copy o f the final Ordinance and recorded P&Z Resolution. a. The conditions o f approval printed on the cover page o f 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 identification of lili--11-1.-]11--1-F I[lili 11111111111 Page 2 of 6 508884 04/ 13,2005 09 23fi SILk.A DAVIS PI[KI COJ TY CO R 31.00 D 0.00 li lli 1111111111111 l ili'1111111 Page. 3 of 6 508884 I 04/13/2005 09:23A SILVIA DALIS FITKIN COUNTY CO R 31.00 D 0.00 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. 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 o f 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 established by special review as 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. Section 5: Off-street Parking 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. The Historic Preservation Commission waived the remainder of the parking requirements pursuant to HPC Resolution No. 31, Series of 2004. Section 6: Trash/Utility Service Area A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed from the alley, is approved by special review pursuant to the procedures established in Land Use Code Section 26.430, Special Review. The trash container shall be wildlife proof. Section 7: Affordable Housing 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 ofa 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 units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would 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 A ffordable Housing Guidelines for a period o f more than year. Section 8: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements o f the Fire Marshal. l Ill i lilli _lilli ilill ill lill.ill 61111 Ill lilli lili illi 04/13/2005 09 23A 508884 Page: 4 of 6 S. LV-A DAVIS PITKIN COUNTY CO R 31.00 D 0.00 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 maintenance purposes, i f a supplemental transformer is installed. Section 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 lighting. Section 13: Payment-in-lieu of Open Space/Pedestrian Amenitv 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. 508884 Ill - 111111 lili lillill'll lillil Page: 5 of 6 04/13/2005 09Â·234 SIL\, IA DAI IS FITKIN COL TY CO R 31.00 D 0.00 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 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 1 (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-10 Mitigation The Applicant shall mitigate for the air quality impacts expected for the generation of 25 vehicle trips per day by enacting the following measures: 1. Providing only one parking space for the use of each residential unit. 2. Providing covered and secured bicycle storage. 3. The LIomeowner's Association and the Commercial Tenant shall join the Transportation Options Program. Section 17: 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 or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set forth herein, unless amended by an authorized entity. Section 18: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 19: 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of March, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: -4--1.64 . Â·Â»mt.-Â£-747&- ~Attorney Jasmine Tygre, Chair U L) ATTEST: ~Jackie Lothian, Deputy City Clerk //11//ill#/Ilull#ll'llwl 1 8 04/13/2005 09Â·236 E Ill'illilliglililill 508884 SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00 ~~ ~~ Page: 6 of 6 PLEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN, CO 81611 ORDINANCE NO. 56 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; AND APPROVING A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Alan Riehman Planning Services, requesting approval of a PUD amendment to the Centennial PUD and a GMOS exemption for the development of affordable housing to allow for the previously approved model unit in Building H to be converted into a deed restricted employee housing unit. and a subdivision and rezoning request to allow for the existing playground area outside of Building LI to be Sllbdivided, rezoned to the Park Zone District. and dedicated to the City of Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building H of the Centennial PUD pursuant to Resolution No. 12. Series of 2003; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development: Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; and Section 26.310, Amendments to the Land Use Code and.Official Zone District Map: City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, Housing Authority Staff and relevant referral agencies; and, WIIEREAS, upon review of the application and the applicable code standards, the Housing Authority has reviewed the requested waiver of asset, residency, and income restrictions and recommended approval of such waivers with conditions; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment. GMQS exemption, subdivision, and rezoning requests with conditions: and, WHEREAS, during a duly noticed public hearing on October 21,2003, the Planning and Zoning Commission approved Resolution No. 24, Series of 2003. by a six to zero (6-0) vote, recommending that City Council approve the requested PUD amendment, GMQS exemption for affordable housing, subdivision, and rezoning; 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 Aspen/Pitkin County Housing Authority Staff, the applicable referral agencies. and has taken and considered public comment at a public hearing; and, WIIEREAS, 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, WI-IEREAS, 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 City of Aspen Land Use Code Section 26.445, Planned Unit Development, and Section 26.470.070(J), GMQS Exemptions .for affordable housing, City Council hereby approves a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building H of the Centennial PUD to be converted into a deed-restricted affordable housing unit with the following conditions: 1. Occupancy of the unit shall be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time until such time as the unit is either rented or until the unit is sold, either as a separate condominiumized unit or as part of the Centennial,Rental Affordable Housing Complex. Upon the unit being rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented or sold pursuant to the terms of the Centennial disposition and development agreement for a Category 3 unit. 2. The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder ofthe Centennial Rental Complex. 3. A waiver of asset, residency, and income restrictions shall be iii place until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. 4. Approval of this request supercedes Planning and Zoning Commission Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition No. 10 iii said resolution. With the exception of Conditions 1 and 10 of Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain in full effect. Section 2: That City Council hereby approves the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: 1. The Applicant shall prepare a subdivision plat to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder' s Office within 180 days of the City Council's approval. 2. The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However, the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. 3. This PUD amendment shall establish the minimum lot size for the park parcel at 6,000 square feet. 4. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. 5. Utility maintenance easements shall be granted to the utility agencies that currently have utility services located in the land to be dedicated as the park. 6. The City shall place a conservation easement over the park parcel. 7. If it is determined that any portion of the Centennial Subdivision/PUD is located outside of the City's incorporated boundaries, then the Applicant shall submit a petition to annex those lands in conjunction with filing the subdivision plat that is required to be prepared in Condition No. 1 above. Section 3: That City Council hereby rezones the playground parcel to be created to the Park (P) Zone District. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: If any section subsection, sentence. clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate. distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 6: fÂ» A public hearing on the ordinance shall be held on the 8th day of December, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10th day ofNovember, 2003. Helen Kalin Klanderud. Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of five to zero (5-0), this 8th day of December, 2003. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 6Â° .lgi.B. MEMORANDUM 26 CU 0 9 / 44 krA.Vecs 4 0 TO: Aspen Planning and Zoning Commission 290)090 119 THRU: Joyce Allgaier. Community Development Deputy Directot#Vi 3 --1- FROM: James Lindt. Planner 37x L li I RE: Centennial Rental Units PUD Amendment- Public Hearing g O 6061 pA x- 6/tr~ .O. 1, - 64-31( C DATE: May 6,2003 0, -2 jiGiXC~Giv Â¢0 45 S I A /' (PAC â‚¬U' Jl Ed) 4. APPLICANT: . 2>/LA-Ul <3Â¢6> 11/DIA-~.. f I Centennial Aspen 11 Limited Existing Office ** +-* , /r c '600Â£M i *0 4 -' 1 Partnership 1- 49?~. Â£4.= ':'I \ - \ t.r - - 1- REPRESENTATIVE: 1 !20 tt_ 1.- - 1 , .6 Kim Raymond Architects. Inc. 1 - ,; , r. '4/ ' 4 4 ; t,- 0 4~~_-*~~~ _1~~ - 5 1 I >.-f , 1,~k.3-/I~~~~~~ LOCATION: - : 73 3,- 17~f~ 100 Luke Short Court in.... ZONING: 4 ~late'l ilw~ ~,.e~râ€ž0-~ IUMFA (Residential Multi-Family) Â£-m*'r k' '11'1 1, 9, 1 rn- ~ /1 - r I with a PUD Overlay 3' 4 -4- a,'j'it \ 1411'Â£4 -b' . '4*2 Photo Above: The picture above shows the exterior of CURRENT LAND USE: the existing office area for the Centennial rental units. Office and Conference Room for , - ,52 Location of Proposed Building H, o f the Centennial Model Unit Existing Office i Rental Units t~\ ' i.*/1 PROPOSED LAND USE: Office and e - 1 41,1 Â¥ ... +11#4 -1 41 Model Unit for Centennial Rental 1 -- 1 - .,1 1 Units ' * . *fl ~~il I 1,1. 1,1#Sld/"/I 1 SUMMARY: The applicant requests to , 1 I - â€¢ / e.!; ;Z - u..fl' . - 1 --1.1. reconfigure the existing office space - 4%.2- G -1 . *02' 1 0 and conference room into a larger M Existing Conference Room - - - -- - office and a model unit. The 1 applicant also requests to change the roofline and add a loft area as part of the model unit. Photo Above: The picture above shows the entire area of the proposed remodel. 1 REVIEW PROCEDURE The Planning and Zoning Commission may approve, approve with conditions, or deny a request for a PUD amendment after considering a recommendation from the Community Development Director. BACKGROUND: Centennial Aspen 11 Limited Partnership ("Applicant"), represented by Kim Raymond Architects, is requesting approval of an application for a subdivision and PUD amendment to reconfigure the existing office space and conference room in Building H of the Centennial rental units to create a larger office and a model unit. In addition, the applicant would like to add a loft area and change the roofline as part of the creation of the model unit. The model unit that is requested by the applicant would not be used for residential purposes. The applicant contends that for the time being the unit would be used solely to show perspective renters what the units look like on the interior. The Centennial PUD was originally approved by Pitkin County in the early 1980's. The original Centennial PUD included both a section of rental units that to this day have remained under one ownership, and a section of sale units that were condominiumized and sold off. Prior to the time that Centennial was annexed into the City in 1989, the rental and ownership sections of the PUD were split up into separate PUD's. The rental section that is subject to this amendment currently has an allowed FAR of 104,519 square feet. The applicant is proposing to establish an allowable FAR of 105,326 square feet for the eleven (11) buildings of rental units to accommodate the proposed office changes and the creation of a model unit. In addition, the applicant is proposing to expand the footprint of Building H by approximately 566 square feet. Currently. the office that houses the administration and rental of the units is located on the main level of the easternmost portion of the building nearest to Brown Lane. In the basement level. a conference room, laundry facilities, and bathrooms currently exist. The applicant is requesting to move the office down into the basement area and expand it to encompass the area where the conference room, bathrooms, and a stairwell are currently. In addition, the new office is proposed to include a kitchenette and a restroom. The new office would be approximately 930 square feet, whereas the existing office is only about 630 square feet. The model unit is proposed to take up all of the area on the main level that is currently used as the office, including an exterior porch that is to be enclosed. As was mentioned previously, the applicant also wishes to construct a loft in the model unit to make it look like the rental units within the complex that contain lofts. The model unit is proposed to include approximately 1,250 square feet and contain two (2) bedrooms, a full kitchen, and two (2) bathrooms. STAFF COMMENTS: GMOS Implications: In reviewing the proposal, staff believes that the office and storage space that currently exist are not considered net leasable square footage. Staff feels that the office and conference room facilities are accessory to the on-site administration and rental of the multi-family units; 2 and thus. are not commercial in nature. Similarly. staff believes that the proposed office and model unit would be accessory to the on-site rental of the multi-family units and are not net leasable square footage. Moreover, staff does not believe that creating a model unit that is not to be lived iii should be considered as creating an additional residential dwelling unit (as long as it is not lived iii). Therefore, staff does not believe that there are any Growth Management Quota System implications associated with the current proposal. The applicant has indicated that in the future he would like to have the ability for the model unit to house visiting consultants such as auditors for two (2) to three (3) weeks per year. Staff believes that any utilization of this model unit for residential purposes would make it a free-market unit and require the applicant to go through the Growth Management Quota System Scoring process to obtain an allotment. The current land use code language does not allow applications for residential allotments to be reviewed until after November 1 st to allow for the submission of other applications competing for such allotments. Therefore, staff has proposed a condition of approval that requires the applicant to obtain approval of a subsequent PUD amendment and gain the required GMQS allotment if they ever wish to use the unit for a residential use in the future. In addition, staff has proposed a condition of approval that requires the applicant to have an inactive water service account that does not allow for water service to the model unit. PUD and Subdivision Amendment: Staff believes that the proposal meets the PUD standards if the conditions in the proposed resolution are adhered to. Staff feels that the proposed exterior change to the structure is in keeping with character of the rest of the building and the complex. As was pointed out in the application the existing roof configuration of the office space is a shed roof that slopes at an angle that is perpendicular to that of the rest of the building. The proposed roof configuration improves the office's compatibility with the rest of the structure by using a similar roof angle to that of the rest of the structure. Additionally, the applicant has proposed to use similar materials to those that exist on the remainder of the building. Staff also does not take issue with the creation of a model unit as long as it is not used for a residential use without gaining approval for the required GMQS allotment. Moreover, staff does not believe that additional parking spaces are required to accommodate the model unit if it is only used to show perspective renters an example of what the interior of the other units look like. Smuggler Superfund Mitigation Regulations: The entire Centennial complex is located within the former "Smuggler Mine Superfund Site", and therefore requires that certain precautions be taken when doing any excavation in the area. City Council Ordinance No. 25. Series of 1994 was adopted to regulate excavation in the former Superfund Site for the purpose of promoting the safe handling of possibly contaminated soils. Condition Nos. 4 through 7 in the proposed resolution require the applicant s compliance with Ordinance No. 25, Series of 1994 and have been suggested by the City of Aspen Environmental Health Department. 0,1 Maintenance Driveway Usage: A neighboring property owner has made staff aware of a possible concern regarding the usage of a maintenance driveway that exists to the south of Building H. The concern is about the fact that the office entry is proposed to be relocated from the northern side of the building to the southern side. possibly forcing office visitors to park their vehicles in the maintenance driveway that is accessed off of Park Circle. The location of the maintenance driveway is shown on the map below: .b 3% 4*4~ * *391, 1& E: Â·<: dp,aA ek *R,Â»4 ft ./. 4 -,<~ Building H , Current Office Entry I~ Maintenance DrivewayL --=Cae-- 'New Office Entry) S : ~.9 L , *t Staff does feel that the concern is valid and has proposed to mitigate this issue by proposing a condition of approval that requires the applicant to erect a sign that prohibits vehicular entry and parking on the maintenance road. ~TAFF RECOMMENDATION: Staff believes that the proposal meets the standards for amending a PUD. Therefore, staff recommends that the Planning and Zoning Commission approve the proposal with the conditions of approval contained within the proposed resolution. RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Resolution No. 12, Series of 2003, approving with conditions. a PUD amendment to the Centennial PUD to allow for the creation of a model unit and the relocation of the on-site administration office from the main level to the lower level of Building H." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments 4 RESOLUTION N0. 12 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT TO THE CENTENNIAL PUD TO ALLOW FOR A REMODEL OF THE EXISTING OFFICE AND THE CREATION OF A MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen Il Limited Partnership, represented by Kim Raymond Architects, requesting approval of a PUD amendment to the Centennial PUD to move and expand the existing administration office in Building H to the lower level of the building and to create a model unit; and, WHEREAS, the Community Development Department is not requiring an approval of a GMQS exemption or allotment for the model unit because it is not to be inhabited; and thus, it is not a new residential unit; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment with conditions: and, WHEREAS, during a duly noticed public hearing on April 15, 2003, the Planning and Zoning Commission opened and continued the public hearing to May 6, 2003; and, WI-IEREAS, during a duly noticed public hearing on May 6, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved this resolution, by a to L-_) vote; approving the proposed amendment with the conditions of approval contained herein; and, WHEREAS, the Planning and Zoning Commission 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, WI-IEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development; a PUD amendment to allow for the existing r~eflÂ» 0 4- a ortÂ« F q administration office in Building H of the Centennial PUD to be moved and expanded into the lower level of the building and for a model unit that includes a loft to be created on the main level oUhe,building is hereby approved ~dth the following conditions: A - Kek-bu'-2-Acw-- s _te P)civc fltbe Let'-Â·â‚¬32[ 614 f~bal VAillq 1. The model unit may not be used for residential purposes. A subsequent a Ad PUD amendment and a GMQS allotment shall be required for the model /61 unit to be used for residential purposes in the future. 2. The applicant shall obtain a tree removal permit prior to removing or L fltlfk relocating any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. 3. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permit. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. All soils on the site shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non-permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust. 4. The owner and general contractor shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. 5. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No soil may be tracked onto paved roads without being immediately removed. 6. The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of soil and prior to any issuance of building permits for the property. 7. 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. The water tap fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 8. The Applicant shall comply with the Aspen Sanitation District s rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. Sanitation District fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 9. The Applicant shall erect a sign that prohibits public vehicular entry and parking on the eight (8) foot wide maintenance vehicle entrance that exists west of the playground that enters off of Park Circle. Maintenance vehicles may continue to use the driveway. 10. The Applicant shall maintain an inactive water service account for the model unit, which does not allow for water service to the model unit because it is not to be used for residential purposes. Section 2: This resolution serves to put the applicant on notice that the approvals granted herein. and the development of the property pursuant to this approval, does not guarantee GMQS or aiiy other future approvals for the use o f the property with an additional residential unit. The applicant is subject to full enforcement measures under the City of Aspen Municipal for any violation now or in the future. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether iii public hearing or documentation presented before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this 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 ofthe remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th day of May, 2003, APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and City Council shall consider: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plano 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff believes that the proposal is consistent with the on-site operations of the rental housing units at Centennial. The model unit is proposed is to be used to show perspective renters an example o f what the rest o f the units look like on the interior and is not to be used as a residential unit. Furthermore, the office and the model unit are accessory to on-site operations and thus are not considered net leasable square footage. Therefore, there are no GMQS implications as a result of the current proposal. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. 5 b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes that the proposed model unit and office are consistent with the on-site rental housing use of the property. In addition, staff does not believe that the proposal will negatively affect the existing natural or man-made characteristics of the site in any manner. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The proposal would add less than a 1% increase to the allowable FAR for the rental portion of Centennial. In addition, there is virtually no change proposed to the existing footprint of the building or the amount of open space on the site. Moreover, staff believes that the proposed exterior changes enhance the office's compatibility with the remainder of the building by providing a similar roof angle to that of the rest of the building. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. 6 Staff Finding Staff believes that no additional parking is needed as long as the proposed model unit is only used to show to perspective renters and is not used for residential purposes. Therefore, staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The applicant is not proposing to change the allowable density within the PUD because the model unit is not to be used for residential purposes in this application. Staff finds that this criterion is not applicable to this proposal. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The applicant is not proposing to reduce the maximum allowable density within the PUD because the model unit is not to be used for residential purposes in this application. Staff finds that this criterion is not applicable to this proposal. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the 7 development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not proposing to increase the maximum alIowable density within the PUD because the model unit is not to be used for residential purposes in this application. Staff finds that this criterion is not applicable to this proposal. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 8 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff believes that the proposal actually improves the pedestrian access to some parts of the facilities as was pointed out in the application. The new roof angle will better shed snow and ice from above the entrance way to the office/model unit. In addition, a deck to help protect the entrance from snow and ice will cover the new entry to the laundry facilities and the office. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The applicant is proposing to transplant several aspen trees to other locations on the site and is proposing to add some native shrubs at the sidewalk of the new office. The City Parks Department has reviewed the proposal and believes that the landscaping alterations that are proposed are appropriate. Staff finds this criterion to be met. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 9 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The applicant is proposing to change the roof angle ofthe office area to match that of the roof angles that exist on the rest of the structure and complex. In addition, the applicant is proposing to use similar materials to that of the rest of the building to promote a more consistent design. Therefore, staff believes that the character of the proposal is consistent with that of the rest of the building within the Centennial PUD. Additionally, staff believes that the proposal improves the snow and ice protection over the entryways. The revised roof angle better sheds snow from the entryways to the laundry facilities and the office. Thus, staff finds this criterion to be met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All outdoor lighting on the building shall comply with the City of Aspen Exterior Lighting Standards pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this criterion to be met. 10 G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The applicant is not proposing to add any additional common park or open space as a result of the proposal. In addition, staff does not believe that the proposal will reduce the amount of open space in the PUD substantially. Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The utilities and public infrastructure on the site are existing. Staff believes that the proposed amendment will not place a greater demand on the utilities or site improvements than 11 currently exists. The City Water Department and the Aspen Sanitation District have reviewed the proposal and feel that adequate services exist to serve the proposed expansion of one (1) model unit. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The vehicular and pedestrian access is not proposed to change as a result of the proposed amendment. Moreover. staff does not believe that the creation of a model unit will generate greater traffic because the unit is not to be used for residential purposes in this application. If the applicant requests a future amendment to allow for the unit to be used for residential purposes. the parking and traffic generation impacts will be considered as part of the review o f said application. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) 12 The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The applicant is not proposing to construct the proposal in multiple phases. Therefore, staff finds this criterion not to be applicable to this proposal. 13 1,1 111 -1 â€ž p ) - n rl-= ..1--- .j12 -- 0 8 --03 : ga O - 1 1 9â‚¬ 1 /=1 1 .0, / - 1 1 1 1 1 1 1 1 (M) (f 1' 'L--1 6--- -1 L 11 9/0/1 U 38 1 2%1 1 1 1 4 -M g< LE 0 01- 7 4 ..=31 'It 1 1 1 rE-l- \m / I - 1 - 1 1 = 1 -#=EEE*Eal.-1 1 1 1 1 1 1 1 1 (9 (04 (33 CENTENNIAL ASPEN II ,KIM RAYMOND ARCHITECTS Limited Partnership 412 N MILL ASPEN COLORADO 81611 CENTENNIAL REMODEL 100 LUKE SHORT COURT PHONE/FAX 970.925.2252 e-mail: kraymond@aspeninfo.com ASPEN, COLORADO 81611 111 1- 1 1 ----- 1 39Â¥801S /WOOM 30N333=INOO HALL TO STORAGE LAUNDRY ~ NV-Id B0013 13A31 k!3MO-I 9NllSIX3 f J ji. ~713MHIV1S >133a 1C NV-Id ZI0013 13A31 NIVIN 9NllSIX3 STAIRWELL OFFICE //--\ 11) 113 I 4~ 018 I 11 1 6 1 1 1 Ill /h Â« A j r====1 /- 1 , 1 1 i storage / - N in Â¢ ~ 1329 U Cl Â£ i 8 1 bath 1 0 3 LJÂ»:~ r - N~ NU outline of ' dn < N 9 main level I f - 04* LA e= CD < entry , __~ , , 0. 6 Â¢ hC Â» LE =66=11 entry \~ < -0 a ---rt i I Ell I ski locker ------ -Â« B ) Zz- -5 stairs IM--Â£il pantry * + 36" -<C 0-14, - 04 D- 49 & 2 r===1 W *-'- --. hol - built-in china cabl 2 L 4 0 ~ \\\C 1 Â« 38? 1* *=,=el-= C over stair well Â¥ bath 4 bath 2 ' built-in bookshelves i C over,tair -1. 1 7 111 7 1/ 9 f kitchen F__F - - â€¢C + 36' : 4 '-0 U '1 _ : ~ dining Y b VELUX t> I Il bedroom 1 ROOF // + 42" double .- yyIN6OW oven \ 1/7 (-3 Lk, C) - / bedroom 2 \ , shelves < desk ~ a ! line of loft above - -INI-1 .-1 VELUX -C . 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'- FIXED, iNDULATH 4497 :j K :: k,) A -bRAU .412.,APE ~ILLÂ·i ! i ::= , I il. 1. . . ..%,tk --~~~ ~-P.Â«ni~ r.t'â€¢- ---- BUILDING H S outheast Elevation 1/211 = 1 LOil -- -";: 13"-- - r'T 17 1-3 1 1- -1 i . -e'rlill>."- i ~ boflu W e. uJA:k- ~ 1 11 LI~111- r- 1 -152. i it 1-70 11 \ â€¢k LItÂ» fet 9.22 ~ 46,. fl,Met- - &1~& il)' U [ 1 9 - 11 1 - F- B- 1,0 rh- 10'71,0 ~ 1 : - 1 111 \ F k 1 1 MEPR FlkllkÂ« *414 : , - CÂ».6 NE>1T 1114 PÂ»Â£''Ift ~ ' MAI - veÂ»'ti,- | | | i ||i| |Â·iiI -11' 1- Coller po , 0 1 \ 1 1 1 1 1 11; 111! 1 111 !1 4 1 1 ..!~1 11; ~ Ill 1 :IIi h i~ \ - F 9 'F4 .1377 11 i 1111 11 1 11,4 1- ' c>ff\U, 38/71 ./Ibf 13Â»61 -1 1 [1 1 1 9 1 \\\1\ 1 - -4 Kill ..~ 5 1 ' 4 Lo i,*- -LE'./Bu *1 L.-1 teÂ¥Â»liedÂ«; 1 I 1 1,_.- 6.0 '46.. 822-9 Er] EL 19'JI L.Â·,0521Â»123,~ Epecrfictq fL- 1- - 7411Â«11-d Â«quiki I,-I Af 0129Â»42?N 1/45 11/ 27,1 16<21;44-9 4 - MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 5,2003 Re: 3/5/03 DRC Meeting Minutes: 321 W. Bleeker Whyte Lot Split: Attendees: Kim Raymond, Representative for Centennial James Lindt, Community Development Department Katie Ertmer, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Nick Adeh, Engineering Department Brian Flynn, Parks Department John Niewoehner, Community Development Department At the March 5,2003 DRC meeting, the Development Review Committee reviewed a proposal to amend that Centennial PUD to allow the conversion of part of the existing conference room into an office and also to transform the current office into a model unit for showing prospective tenants. Next Steps for Application: (i) The project will be reviewed by the Planning and Zoning Commission for final approval. (ii) If the Planning and Zoning Commission denies the application, then the applicant has the option to appeal the adverse determination to City Council. Comments to be Included in P&Z Resolution and/or Council Ordinance: These comments are noted below. DRC COMMENTS: 1. Engineering Department â€¢ Drainage Problems at Centennial: Although not directly related to this PUD amendment, there is a problem of runoff from Centennial onto the Spruce Street. This runoff causes damage to the road surface and presents a potential safety problem. This water may be related to the Cowenhoven mine drainage tunnels. At some time in the future, Centennial and the City may have to work together to solve this problem Wording of Resolution: None 2. Parks Department â€¢ Trees that are to be re-located will require a Tree Removal Permit. Trees nearby the construction will need to be fenced to prevent accidental damage to the trees. Wording of Resolution: The applicant shall obtain a tree removal permit prior to removing or relocating any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. 4 Water Department â€¢ The tap fee will be accessed based on the number of fixtures regardless that it is a model u n it. Wording of Resolution: The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Page 2 of 2 March 5,2003 Centennial PUD Amendment Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The water tap fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 5. Sanitation District â€¢ The service connection fee will be accessed based on the number of fixtures regardless that it is a model unit. Wording of Resolution: The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. Sanitation District fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 6 Environmental Health â€¢ The site is located is located in the former Smuggler Superfund site and excavation (over 1 cy) needs to follow requirements of a City ordinance dealing with the Smuggler Superfund SRe. Wording of Resolution: â€¢ The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permit. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. All soils on the site shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non- permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. â€¢ The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppressjon measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. â€¢ The owner and general contractor shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. â€¢ The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the property. /DRC/Centennial-PUD-Amend CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sarah Oates, 920-5441 DATE: 02.07.2003 PROJECT: Centennial PUD REPRESENTATIVE: Kim Raymond, 925-2252 OWNER: Sam Brown DESCRIPTION: Minor PUD Amendment for alterations to the office and operations and increase in allowable FAR to enclose deck of existing office. Land Use Code Section(s) (Cite all sections numbers and titles that apply to the application.) , 26.445.050 Title of Section Review by: Staff for completeness. Public Hearing: P&Z Applicant will need to provide proof of posting and mailing with an a#idavit at the public hearing. Referral Agencies: Noiie. Planning Fees: $1260.00 Referral Agency Fees: None. Total Deposit: $1260.00 xTo apply, submit the following information: 11<7 Proof of ownership with payment. ~~-- Signed fee agreement. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, %~ address and telephone number of the representative authorized to act on behalf of the applicant. R.-k Street address and legal description ofthe 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. Total deposit for review of the application. 6\ 11 Copies of the complete application packet and maps. ./- 7 HPC= 12; PZ= 10; GMC= PZ+5; CC =7; Referral Agencies= 1/ea.; Planning Staff= 1 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. .- - Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project ~~ is determined not to warrant a survey document.) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing / conditions as well as proposed. V. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on r-)1 mailing labels for a small fee. 920.5453 < 11~/ ' Copies of prior approvals. - Cal 0144U,18|+KU~ts ' 9 Applications shall be provided in paper format (number of copies noted above) as well as thtedy on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Micrdsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 71 F c-EL- 1 19 4*--1 6?7 3-7 0 7 92 7 76 1 Â» N- C-re-- A r - H L &247 D\/*s ATTACHMENT 2 -LAND USE APPLICATION ACANT: f C.EM'Fâ‚¬-Al \\IAL -AS'FE-4-II l.1,41-1-Â£43 'Fk K.-FAFF PIREP ocation: loni,ACE â‚¬446%-f c nu127-,, 45*Eld GO (Indicate street address, lot & block number, legal description'where appropriate) Le'F '5 Parcel ID # (REQUIRED) A 7 3 -7 0 7 4 z -7 -1 o I C,Â¢Â»-TE+414/ 46 t:A,-31;69\\/. REPRESENTATIVE: Name: 141 tri 'RA Â¥ >40 Alt-3 Aâ‚¬Ckl 19IrFS: 1 ACL Address: 4 12 N, P/1 1Ll-- 9-1-. Al>FEN, no 8/601 1 Phone #: 1 29 - '02 1-Â£6â‚¬. PROJECT: Name: LE-KMK KIN]/AL-ASPE,kl - 03 99,6,2-,/MoDEl . UK]li FE/loPE L Address: 160 Lute. SAag-1- colygrr, Af:~'FE Al Phone #: 01 16- 11-7 60 TYPE OF APPLICAT]ON: (please check all that apply): U Conditional Use D Conceptual PUD U Conceptual Historic Devt. U Special Review .er Final PUD (* PUD Amendment) D Final Historic Development El Design Review Appeal El Conceptual SPA ~ Minor Historic Devt. CJ GMQS Allotment U Final SPA (& SPA Amendment) E Historic Demolition E GMQS Exemption U Subdivision U Historic Designation D ESA-8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split O Temporary Use *[ Other. FFI IneÂ© 70 D D Lot Line Adjustment U Text/Map Amendment Ap,11440)'*EAT ' EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 0.1/9-10-ipÂ·JQ 6FF.1,6-Â£. , 5-7,41 K., di; 1.(- f =95-JR e.,4-&. ALP-,Pra ry> -Fily rck..113 f:5016_D tt-16 - 2 6.E.-Ic ~1~kA>j K.Il A L PROPOSAL: (description of proposed buildings, uses, modifications, etc.) CÂ¢-cÂ»4 Fuhaq- Afbevt- Â«\EAdr~-ftcÂ».1â‚¬P Â·berâ‚¬P- 14-18 LAC-6 E.IA- df~fic_Â£/ Â«\Ee..4 4 67 **,A- - CÂ¢]te:-T~F_, Lr'10'[2)~FL c )Fll,F fog- f#15/4-01 1~Kl ll-5 1 KE 9 Ho 44 ? AC757 e.cra v f. 'FEN-,4 4-~TS . Iave you attached the following? FEES DUE: S Gbo, DO 3'fre-Application Conference Summary 31ttachment #1, Signed Fee Agreement Erkesponse to Attachment #3, Dimensional Requirements Form L 3---Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 11 plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written zxt (Microsoft Word Format) must be submitted as part of the application. Centenria.t Aspen '11 Ii}ll ited spartne? -41 gl 100 Itike Short CeÂ·wrr Aspen, CO S Â·1611 070 9 25 - 1876 - 1 City of Aspen Alt: Sarah Oakes Asp:n, CO 81611 To Whom It May Concern: Thi, iN to authorize Kim Raymond, 412 North Mill Street. Aspen. CO 8 lOtt, telephotic number 925-2252 to act on behalf of Centennial Aspen fl Lintited Partnership with regard to the Minor PUD Amendment for allerations to the office and increase in allowable FAR. Sincercly-1 ' 1, j f San *. Brow h, Jr:~residefft World Class Housing, Ir>c.. the General Partner of Centennial Aspen, A Limired Partnership the (General Partner of Contcnnial Aspen II Limited Partnership In addition to the above address and phone number T can also he reached at: Ccjitennial Aspen Il Limited Partnership 56.1 16* Street. NW Washington, D.C. 20011 202 882-4400 Community Connection 29 D E F 50 \ 4-\%-Ad /0-\ \ 1 2 =r Â£ 0% Cd -g, , flit . '*3 -~3I~ i# 09\1\ 46,4 \%%0.42 43Â«_1 N/2 11 -/ 9%. ---- - , h. \ I N Ck 49%2Ln 50 1 -78- ~ Brendan Ct 12 Maple Ln 8, 1 14% 4 1 UAL 48 13 Herron Dr j Â« 4-~2%0 Â»11*p salvaÂ»49 1 14 Midland Park Pl 1 4 4_ 3/4 Cowenhoven Ct 15 Midland Ave 5 Harold Ross Ct j,R*Mt@L 1 \ /41.1 -Â»1 ~~17 Smugg~er Â§7, 7 Nicholas Ln 1 -99 E Hopkins Ave T / 1% 1 8 Free Silver Â¤ 1*?ale Ave ~ /10, AD r#Wod DuciÂ¢~I<L~I, G /2 t f / El 9 South Ave < ~ 20 IV~i~ver Ct ~4 Eastwood Dr 74 5 Zl.* 1::ZZ~ Ln <JB < 4>: 1 0 ~p#ri4 e 10 2., 1 2 - nlu L pZ)1490/ %.af 07-4 k ~% Fires ' 4422--14Â¢t81Â» j Â«404 4% 8 74 5 ZI -8.1 2 16830 - c *4â‚¬-4 e ~ .iu 4-mH2Â·e~...p ~ ' hs 1: Ul,A.... - - 81~'~ 14 ~ =l\*=Er 3 29*7811 01941tn Park 6â€¢,3Â¥*Srum 2 - 9,Â¥]cih,Rl,L / / 602 6,-3107~ -EAr'*lpect y?4 \ f 'IM 69 10 4 J+415 bi.,l 0 1-*e.â‚¬1,4 en Valley #aÂ¢*/ -LX wate~.4 1 -t, Si \A,pen Boxâ‚¬&:, 9~ â€¢ pital . 1 LO,Â« 4# ril , - 1 1 + 3 A- 1 /Ral /- -L -J , 1%. . i '74\10 -4 if U,ct:- 0 \40 '' i / rnte#,Miâ„¢20 \X. 4.29%. $ 1 --' 82 +04Â£WL# 115 *-0 4 hectra,721â‚¬O \\% \.4 Aspen Mtn Rd =* 1 ~ <w Aspen j 1 #bÂ·, 412=7.3- 1 Mountain 1 / . 4 r 1 F Ski Area ,/ f %8 2 56 is 43 I 1/2 Upe. \ 4 vicki,-TY MAP-= r fhÂ»*O Rd FEB-10-2003 15:04 FROM: CENTENNIAL 202-723-8532 TO:9709252252 P. 005/005 SCHEDULE A-LOAN POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER U, PCT16290L2 October 11, 2001 @2 28 PM $10,401,644.00 G47-0889959 1. NAME OF INSURED. U.S BANK NATIONAL ASSOCIATION, ITS SUCCESSORS AND/OR ASSiGNS 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: CENTENNIAL-ASPEN 11 LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS ENCUMBERED BY THE INSURED MORTGAGE IS: IN FEE SIMPLE 4. THE MORTGAGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: Deed of Trust from . CENTENNIAL-ASPEN It LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP To the Public Trustee of the County of PITKIN For the use of : U. S. BANK NATIONAL ASSOCJATION Original Amount : $10,401,644.00 Dated : October 11, 2001 Recorded : October 11, 2001 Reception No 459687 5. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS See Attached Exhibit "A" PrrKIN COUNTY'rlrLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 8161 1 (970) 925,1766 (97(}) 925Â·6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINHED NUMBER ON TriE COVER LHEET FEB-10-2003 16: 03 FROM: CENTENNIAL 202-723-e532 TO:9709252252 P. 304/00 ENDORSEMENT FORM 107.3 ATTACHED TO AND MADE A PART OF LAWYERS TITLE INSURANCE CORPORATION 'OUCY NO. G47-0889959 CASE NO. PCT16290 L2 The Company does hereby increase the face amount of said policy from $10,401,644.00 to $14.401,644,00, per the Modification of Loan Documents recorded October 26, 2001 as Reception No. 460122 and the effective date of said policy Es changed to read: October 26, 2001 @ 02:50 PM. The Company hereby insures: (1) That, except as otherwise expressly provided herein, there are no liens, encumbrances or or other matters shown by the public records, affecting saia estate or interest, other than those shown in said policy, except: (2) That, as shown by the public records, the title to said estate or interest is vested in : CENTENNEAL-ASPEN 11 LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP -- This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed and to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. ISSUED AT PITKIN COUNTY TITLE, INC~&01 E. HOPKINS AVE., ASPEN, COLORADO 81611 ,/. COUNTERSIGNED : 92,30~7~~9nn i r IZED OFFICER OR AGENT FEB-10-2003 16:03 FROM:CENTENNIAL 202-723-8532 TO:9709252252 P. 004/009 ENDORSEMENT FORM 107.3 ATTACHED TO AND MADE A PART OF LAWYERS TITLE INSURANCE CORPORATION 'OLICY NO. G47-0889959 CASE NO. PCT16290L2 The Company does hereby increase the face amount of said policy from $10,401,644.00 to _ $14,401,644,00, per the Modification of Loan Documents recorded October 26, 2001 as Reception No. 460122 and the effective date of said policy is changed to read: October 26, 2001 @ 02:50 PM. The Company hereby insures: (1) That, except as otherwise expressly provided herein, there are no liens, encumbrances or or other matters shown by the public records, affecting said estate or interest, other than those shown in said policy, except: (2) That, as shown by the public records, the title to said estate or interest is vested in : CENTENNIAL-ASPEN 11 LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP This endorsement is made a palt of the policy and is subject to al! the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly statedl it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. IN WITNESS V.liEREOF, the Company has caused this Endorsement to be signed and sealed and to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. ISSUED AT PITKIN COUNIY TITLE, INCy,501 E. HOPKINS AVE-, ASPEN, COLORADO 81611 r . I COUNTERSIGNED: 7-n;7Â¢m(>.4-9,Â·n i r IZED OFFICER OR AGENT FEB-10-2003 16:04 FROM:CENTENNIAL 202-723-8532 TO:9709252252 P.005/009 SCHEDULE A-LOAN POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER 4.+ PCT16290L2 Oubber 11,2001 @ 2.28 PM $10,401,644.00 G47-0889959 1. NAME OF INSURED: U. S. BANK NATIONAL ASSOCIATION, ITS SUCCESSORS AND/OR ASSIGNS Â·, .- .,~ 27 ,,9 nesoutton rit , 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:=.2------ CENTENNIAL-ASPEN Il LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP ' + r,Â· 715 x orde{.1 48$(ms,Ct 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS ENCUMBERED BY THE INSURED MORTGAGE IS: IN FEE SIMPLE 4. THE MORTGAGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: Deed of Trust from . CENTENNIAL-ASPEN 11 LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP To the Public Trustee of the County of PITKIN For the use of : U.S. BANK NATIONAL ASSOCIATION Original Amount : $10,401,644,00 Dated : October 11, 2001 4*-* Recorded : October 11, 2001 Recepuon No -459687 5. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUN-[7 OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS. See Attached Exhibit "A" PITKIN COUNTY Tr[LE, INC- 601 E. HOPKINS AVE. ASPEN, COLORADO 8161 ] (970) 9254766 (970) 925-6527 FAX THE POLICY NUMBER SHOWN ON TES SCHEOULE MUST AGREE WITH THE PREPRINTED NUMHER ON TNE COVER SHEET FEB-10-2003 16:04 FROM: CENTENNIAL 202-723-8532 TO: 9729252252 P. 007Â·.889 SCHEDULE B-PART I N_.. CASE NUMBER DATE OF POLICY POLICY NUMBER PCT16290L2 Ocgber 11,2001 @ 228 PM G47-0889959 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING- .Â· 1. Rights or dalms of parties in possession not shown by the public records. i. 2. Easements, or claims of easements. not Ghown by the put:*c records i' 3, Discrepancies, connicts in boundary lines, shorlage in area, encroachments, any facts which a correct .I, survey ind inspection of the premises would disclose ard which are not shown ty the public records. ' 4. Any fien, or right to a lien, for services, labor, or material heretofore or hereafter furnished. imposed by law and not Shown by the public reerds. .Al 5. Water rights or claims of title to water. 6. Taxes for the year 2001 not yet due or payable. 7. Right of way tor construction and maintenance of pipes, mains, ditcheS, flumes dams and reservoirs as granted to David R.C. Brown by instfunlent recorced March 18, 1885 in Book 24 at Page 59. (Specific location not defined In instrument) 8. Right of way for water pjpes and majns, and for electric transmission pole line as granted to James A. Devercux by instrument recorded January 20, 1887 in Book 29 at Paga 582. (Specific location not defined in instrument) 9. Terms, conditions and obligations as contained in Agreement between Cowenhoven Mining - Transportation and Drainage Tunnel Company and- (a). The Bushwacker Mining Company, recorded , December 6, 1890 in Book 80 at Page 422. (b). The De]Ia S. Mining Company, recorded February 2, 1891 in Book 80 at Page 580. (c). The Arkansaw Consolidated Mining Company. reocrded April 20, 1891 in Book 92 at Page 66. (d). The Pontiac Mining Company, recorded March 29, 1892 in Book 114 at Page 1 10. Reservations, exceptions, mining rights, nineral rights as contained in United States Patents recorded July 19, 1893 in Book 39 at Page 123; October 26, 1896 in Sook 136 at Page 49; September 10, 1897 in Book 136 at Page 149; December 14, 1900 in Book 39 at Page 136; December 24, 1902 in Book 56 at Page 116, May 20, 1949 in Book 175 at Page 168; May 20, 1949 in Book 175 at Page 171 ; August 29, 1958 in Book 185 at Page 69. 11. Terms, conditions, provisions and obligations @s set forth Ir. Easement Agreement between Delia S. Consolidated Mines Company, James Markalunas, Ramona Markalunas and Donald T. Randall, recorded May 18, 1964 in Book 207 at Page 109. 12. Terms, conditions, provisions and obligations asset forth in Grant of Easement and Agreement between Top of Aspen, Inc., Mitchett Development Corporation of the Southwest and Cecil Lewitz, recorded October 23, 1978 in Book 356 at Page 952. 13. Terms: conditions, prov'isions and obligations as set forth in Easement Agreement between Top of Aspen, Inc., and Trico internationat, Inc., recorded January 9. 1979 In Book 361 at Page 306. (Continued) FEB-10-2003 16:04 FROM:CENTENNIAL 202-723-8532 TO:9789252252 P. 006Â·1009 EXHIBIT "A" LEGAL DESCRIPTION LOT 3, THE CENTENNIAL CONDOMINIUM SUBDIVISION AND CONDOMINIUM PLAT, according to the Second Amended Plal of the Centennial Condominium Subdivision and Condomniurn Plat, recorded June 3, 1985 in Plat Book 17 at Page 30. TOGETHER WITH those easements which are a benefit to above said Lot 3. as set forch in the Condominium Declaration tr Centennial Condominiums recorded October 3, 1984 In Book 474 at Page 479 as amended January 25, 1985 in Book 480 at Page 510 and March 7, 1985 in 8ook 482 at Page 455. TOGETHER \MTH those easements which Gre a benefit to @Cove said Lot 3, as set forth in Permanent Easement fecorded January 13, 1986 in Book 503 at Page 253. TOGETHER WITH the airspace as set forth in Partial Release of Easement recroded February 12,1986 in Book 505 at Page 225. TOGETHER WITH these easements which are a benefit 10 above said Lot 3. asset foihin Parking Agreement Lease, and Easement recorded April 4,1986 in Book 508 at Page 380. TOGETHER WITH that certain Leasehold Estate for parking spaces, as created by Parking Agreement, Lease, and Easement recorded April 4,1986 in Book 508 at Page 380, for a term ending April 4,2084 FESÂ·-10-2003 16: 05 FROM: CENTENNIAL 202-723-8532 TO:9709252252 P. 088 '009 POLICY NO. G47-0889959 CASE NO, PCT16290L2 SCHEDULE B-PART 1 --EXCEPTIONS--CONTINUED- 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolutions of the The Board of County Commissioners recorded March 22 1983 in Book 442 at Page 320 as Resolution No. 83-20, February 3,1984 in Sock<60 at Page 414 as Resclution Nc. 84-5. Fabnlary 13, 1984 in Book 460 at Page 857 as Resolution No. 84-11: February 22, 1984 in Book 461 at Page 437 as ResolatiOn No. 54-10; April 26, 1984 in Sook 465 at Page 348 as Resolution No. 84-32; April 1, 1985 in Book 483 at Page 692 as Resolution No. 85-27 15. Terms, conditions, provisions and obligations as set forth * Subordination of Mineral Hights, recorded November 11, 1983 in Book 455 at Page 199. 16. Terms, conditions, provisions and obligations as set forth in Improvements Agreement recorded February 13 1984 in Book 460 at Page 862 17. Easements, rights of way and ali matters as disdosed on Plat of subject property recorded tn Plat Book 17 at Page 30. 18. Terms, conditions provisions and obligations as set forth in Ackowledgment of Use of Easement recorded October 3, 1954 in Book 474 at Page 470 19. Easements as shown on the survey by Alpine Surveys, dated August 13,1984, and updated December 6,1998 as Job No. 82-146.6, and further updated October 5,2001, by James Reser, registered Land Surveyor, No. 91844 20. Those covenants, conditions, terms, obligations, licenses, easements and restrictions whth are a burden to Lv subject property as described in the Condominium Declaration for Cententlial Cortdomjniums recorded October 3, 1984 in Book 474 at Page 479, and amendments thereto recorded January 25, 1985 in Book 480 at Page 510 anci March 7, 1985 in Book 482 at Page 455. 21. Terms, conditions, provis,onE and obligations as set forth in Amended and Restated Regulatory Agreement ariel Declarabon of Res:rictive Covenants recorded December 16,1996 as Reception No. 400032. 22. Easement5 as granted to Holy Cross Electric Association, Inc., recorded February 2, 1985 in Book 481 at Page 205 and February 8, 1985 in Book481 at Page 216 and March 3, 1986 in Book 506 at Page 506. 23. Terms, conditions, provisions and obligations as set forth In Easement Agreement recorded April 25, 1985 in Book 485 at Page 159 24. Terms, conditions, provisions and obligations as set forth in Grant of Access Easement and Agreement recorded May 13,1985 in Book 486 at Page 38. 25. Terms, conditions, provisions and obligations as set forth in Permanent Easement recorded January 13, 1986 in Book 503 at Page 253 26. Terms, conditions, provisions and obligations as set forth in Partial Release of Easement recordea February 12, 1986 in Book 506 at Page 225. (Continued) FEB-10-2003 16: 05 FROM: CENTENNIAL 202-723-8532 TO:9709252252 P. 009*009 POLICY NO. G47-0859959 CASE NO. PCT16290L2 L' SCHEDULE B-PART 1 -Â·EXCEPTIONS-CONTINUED- 27. Terms, conditions, provisions and obligabons as set forth in Amended Agreement for Access and Utility Easements recorded April 2, 1986 In Book 508 at Page 312. 28. Terms, conoitions, pmvis,ons and obligations as set forth in Parking Agreemenl, Lease, and Easement recorded April 4, 1986 in Book 508 at Page 380, and the effect of any failure to comply with the terms of saic lease. 29. Terms, conditions, provisions and obligations as set forth in Bill of Sale and Grant of Easement recorded August 26,1987 in Book 644 at Page 558. r. 7 E C 2 I 0 30. Terms, conditions, provisions and obligations as set for#~ In Licence To Use Property recorded August 28, 1989 in Book 600 at Page 406. 31. Terns, conditions, provisions and obligations as set forth Ir, Abstract of Extended Lease with Automatic Laundry Company: recorded September 2, 1994 in Book 760 at Page 431. 32. Tenns, condibons, provisions, obligations and 211 matters as set forth m Resolution of the Board of County Commissioners recorded June 27, 1994 in Book 754 at Page 204 as Resolution No. 94-99. 33. Those tenancies as set forth in Rent Roll attached to and made a part of this policy EXCEPTIONS NUMBERED 1,2.3 AND 4 ARE HEREBY OMITTED. -- ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 0â‚¬4-1-6414] AL. oFF), cE//%40'PEd- Un 17 REE>loDEL Applicant: CE-kll-Ek)10 046 AS'PE= J 55- Ll>4 11-610 24Â©1-Al Ef-%*17 . Location: 100 L.0 2-2.- ZE,Ah 0.--i- C_nolzl- Ars-PEK.3 4 loneDistrict: t Lot Size: /O, (9 â‚¬.- A-of-E..<b - Lot Area: (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: ~ Proposed: - Number of residential units: Existing: 1 4-8 Proposed: 48 Number ofbedrooms: Existing: 1 96Â»clraffoposed: 1 9 2 198 f rn 5 2 4 1 5-I-ud; 0<s ,~- 4-l 9-App i 05 Proposed % of demolition (Historic properties only): A ~ DIMENSIONS: Floor Area: Existing: j 04-5-51 Allowable: l 04-5 /1Proposed: 6 C7~3317'260 Principal bldg. height: Existing: . Allowable: Proposed: Access. bldg. height: Existing: - Allowable: Proposed: On-Site parking: Existing: 22 1 Required: 2,9 / Proposed: 2 2 1 % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existlng: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing. Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested; 1 /1 (1 12Â· EAS E- OF A U-.6 0.0 61-3 f..A. C. ibY .80-71 CP Fb A- Cirl.-Ta l- l-3 E. ilb- C flÂ©-f~ l/10(. '49,FLED 'TA-2- 6-0 14'00 1-'t LAILL) l-4 51'PE- OF -Firl-LS 'Flza JE=-1~) Response to Review Standards for Minor PUD Amendments Background and proposed development The proposed development is located at 100 Luke Short Court, Aspen (in the Centennial complex). The space under consideration is in the H Building; it is the office and conference room and one of the laundry facilities for the rental units. We would like to move the office to the lower level, into what is now the conference room, storage and an oversized hallway leading to the laundry facilities. This part of the building was originally designed to be a bus/transit area. Before the complex was completed, these plans were abandoned, as the bus stop was located just across the street for easier access for everyone, those in Centennial and others in adjacent neighborhoods. The office for the complex was then located on the upper level, the stairs were closed off as unneeded and the laundry was located in the back of the lower level. We would like to reconfigure this area to make is more useable for the people working in the office, f6r the tenants who come to the office and for those that use this laundry facility. In addition, we would like to create a model unit. As it is now, there is no way to conveniently show a unit to prospective renters, as all the units are always occupied. This model unit would never be added to the rental pool, used only by the partners of Centennial-Aspen and Kim Keilin, the property manager, to show prospective renters. The existing office is 630 sq. ft. and is very cramped for all the operations it has to handle. The proposed office will be 930 sq. ft. designed to be used as an office and meeting room, which will accommodate three staff people, and allow for privacy between staff and tenants. It will also provide for restroom facilities for the staff. Right now, they have to go outside, around the building to the lower level and use the public restrooms, provided for those people using the laundry. The model unit would encompass the current office, the closed off stairway, and an additional 722 sq. ft. We are proposing to enclose the existing deck, add an additional room onto the stairwell, on one level, and create a new upper level by raising the existing roof. To accomplish this, we need to amend the current limit on the FAR for the rental units and the total FAR allowed for the entire project; both rental units and owned condos. The Rental units are allowed 104,519 sq. ft; the Owned units are allowed 72,481 sq. ft. totaling 177,000 sq. ft. of allowable FAR for the entire project. We are asking for an increase of less than 1 % (.0075%) of the area allowed for the rental units for this project. In previous amendments to this PUD, the Owned units were given an increase of 1 % of the allowed FAR to allow for the enclosure of their decks and to give opportunities to other owners to create decks for their units. Response to review standards General Requirements The proposed development is consistent with the Aspen Area Community Plan and in character with the surrounding land uses. It is not changing the use of the existing PUD which provides housing for people living and working in Aspen. It also enhances the living experience of those same individuals (see below). Our proposal also, has no adverse affect on any future development in the surrounding area, as it is already developed. *This project is exempt from GMQS. Establishment of Dimensional Requirements 1. The proposed dimensional requirements of the project are compatible and appropriate with the existing land uses. There will be no change to the existing land use. The addition to the building will have no negative impacts to the site or any of the tenants in the complex. No views will be impacted from the other buildings, and the natural landscape surrounding the unit will be enhanced with a few native shrubs added to the walkway area between the two levels of the building. The pedestrian circulation and use of existing facilities will be enhanced with the new entrance to the laundry facility being covered and protected from snow and ice. 2. The proposed addition to the FAR will have a very negligible impact on the scale, massing, site coverage and open space to the existing project. We are only adding 566 sq. ft. to the building's footprint, in three different areas on the end of the building. This represents .005% of the entire rental aspect of the Centennial development. 3. There will be no increase in parking spaces, as the number of spaces already existing includes those needed for the office. The model unit doesn't require additional spaces as it will not be rented. 4. The proposed project will have no affect on the existing means of fire protection, snow removal and road maintenance. 5. The effects on the runoff and drainage of the property will have no significant change as the increase in roof area is very minimal. In fact, the new roof lines will create better conditions for snow "safety" at the entrance to the office and the sidewalk to the laundry. Site Design The will be no change in the design of the site with this proposal, Landscape Plan There will be no change in the overall existing landscape plan. The proposed project will require the transplanting of a couple of aspen trees to other areas on the site and an addition of a few native shrubs at the sidewalk around the new office entrance. Architectural Character The proposed addition to the "H" building will actually make the building more compatible with itself and the rest of the existing buildings in the original development. The existing roof configuration is unique to itself in a group of buildings that make use of only a very few different angles and shapes. The new roof will mirror the roof of the rest of the building, but be lower. This will help the building look more like the rest of the buildings, while still being shorter as it approaches the public road. As it is now, the existing roof is the only one in the development that is a shed roof sloping at an angle perpendicular to the rest of the building, and looks very much like a stairwell from the exterior. The new entrance to the unit on the main level will match the entrances of the other parts of the building. The new entrance roof will be smaller than it's counterparts, staying proportional to the size of the area served. As mentioned above, the new roof angles will alleviate the dangerous existing condition of, snow sliding from the roof over the entrance to the existing office. Being on the north side of the building, this can be a considerable amount of snow and ice, which spontaneously slides off the metal roof. The new entrance to the model unit will have an entry roof to match the roofs at all the stairwell entrances, which sheds snow off to the side. The new entrance to the laundry and office will be covered by the deck above, which will catch any snow that sheds off the new roof of the model unit. There will be minimal snow in this area, as it faces south and rarely gets more than 6-8" deep, (on a good snow year). Snow guards will be installed if deemed necessary. By covering this walkway, the build up of old snow and ice will be eliminated. Summary of Amendments Over the twenty years of this project, there have been a number of amendments to the original PUD. These have adjusted the amount of FAR allotted to the project as a whole and separately between the rental units and the owned units. Enclosed in your package, is a copy of the final amendment. Thank you for your consideration of this proposal. . MAR-26-2003 12:55 PM KIM RAYMOND ARCHITECTS 9709252252 P.02 t KIM RAYMQND ARCHITECTS .. March 25,2003 Pltkin County Community Development Planning arId Zoning Commission CENTENNIAL -ASPEN 11, MINOR PUD AMENDMENT ADDENDJM TO PUD AMENDMENT Since preparing cup 7~câ€¢ane' proposal, we have met with the city omcials about the use of the modul unit for â€¢,â€žp,4,666 2f Centennial-Aspen. During the course of a year, employeâ‚¬#s: such as auditors, have to come to the site to do their work. It is a significant cost to house them in town during their stay. The savings gained by having them stay on sight, could help offset the cost of the model unit, The unit would still be shown to perspective renters as a model, even while the employees are there. The hardship we face, 16 that the way the code is written, there is no legal way for us to have a r,odel unit that could be used just by employees, on a very limited basis. We discovered that the unit will be considered a model, that can only be a 'showroom", or it would have to be a full.on free market unit. We offered to record a limitation on the use of the unit for employees of Centennial-Aspen, so that it would never be rented or sold, except et that time when the entire project would be sold; but this was unacceptable to the city officials due to the code. Thus, the only option we are left with, is to apply for a free market unit. Present'y, the only way to obtain a free market unit is to go through the growth management process. This process doesn't accept applications or 'scoreÂ» the proposals until No,ember, at the very end of the building season. The other avenue is to walt until the cod,1 is amended with the infill program. This might or might not happen, and no one knows when, or even if it will allow us to have a restricted use, model unit. The office expansion is long overdue, and the need for a mode! unit has been apparent for many ys=a 1 .3 -4 vot,12 I?ka to proceed with our application now, enabling us to take advantage of th6 upcoming building season. We will wait until November, and apply to amend the PUD again, asking at that time for a free market unit; then go through the growth management process to convert the model into a free market unit. We w,inted to let the Commission know of our intentions, so as not to look like we are trying to be sneaky in November when we come before you again, It seems we have no other choice at this time. Thank you for your consideration of this proposal and adden,jum. " ""'L ",il ,tilt't ..,!,ap,N (41,â€¢r.hh, MI(,11 â€¢ triff,ix e,-(~,921.2.1Â·'2 â€¢ kirt,1,>,i.,id.,1.i#Prithi,Â·...m ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: lcD L-0\â‚¬-e- SA~ T-T- 600 KT , Aspen, CO SCHEDUILED PUBLIC HEARING DATE: A rk IE /9 , 200_& STATE OF COLORADO ) ) SS. County of Pitkin ) I, ]Al M 'iâ‚¬ArMOkÂ© (name, please print) being or representin# 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 Land Use Code in the following manner: 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 o f 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 of letters 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 A f KIL, , 200_~, to and including the date and time of the public headng. A photograph of the posted notice (sign) is attached hereto. J Mailing of notice. By the mailing o f 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (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 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. (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 o f this Title and enactment of a new land use regulation, or otherwise, the requirement o f 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 o f 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 such amendments. , 6/ C :-1.-'-2/7 7/G* 911 Signalure ' / ' ' The forÂ©going "Affidavit ofNotice" was acknowledged before me this / - day of te y:li L ,1001_,by Me/,SIA Â£/Ze,3,+Ex WITNESS MY HAND AND OFFICIAL SEAL My commission expiaak- 47~ 7 f 2-0 2 4 /*/1 +C. lire., Noiary Pub 07 --,99(;*\ i. e e ..p ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 92'*O 19. 4 14 9 u*' E AN 48 PUBLIC NOTICE 4 -- DATEAPPJI P nME it- e Â· 78! PLACE: S 4,4 MYÂ¥ PURPOSEFUL 6\MF N 40!Â¥!11!!110/*i'Â· 1 r D '.. 4 4-9- r. 0.11 trat KÂ¢' t~ ~~t, t........... I:......:.Ill --4-..- - - t .", 4.- ..... ./4 " .... L --~C . Att~ T ':21. 1 'Â·IM- i -AI, (k. r- . t KELSO MARY MCGUIRE KAUFMAN STEPHEN M TRUST KENNEDY JOHN M C/O LINDA DETERS 3 RIVERWAY STE 1350 215 FREESILVER CT 2372 112 RD HOUSTON, TX 77056 ASPEN, CO 81611 CARBONDALE, CO 81623 KULZERDENNIS KURIHANA MIDORI LAMBERT ROBERT & NANCY 320 FREE SILVER CT 310 RIVERSIDE DR APT 817 12 AJAX AVE ASPEN, CO 81611 NEW YORK, NY 10025-4123 ASPEN, CO 81611 LAMM ROBIN LAWRENCE TERRY & DEANNA M LOUTHIS PATRICIA ANN 311 FREE SILVER COURT PO BOX 942 PO BOX 48 ASPEN, CO 81611 PINE VALLEY, CA 91962 ASPEN, CO 81612 LUNDY KARON MAGGI CHRISTINE C MATTHEWS CHARLES & STEPHANIE PO BOX 3804 PO BOX 3804 PO BOX 11436 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 MCGOVERN JEANNE MILLER LEE L NORMAN JUDY KAY 127 FREESILVER CT 11575 FOLSOM POINT 314 FREE SILVER CT ASPEN, CO 81611 FRANKTOWN, CO 80116 ASPEN, CO 81611 PARIS JOHN H PEKKALA EVA C OLSEN DEANNA K 2222 SANTA MONICA BLVD PEKKALA ERIC W 220 FREE SILVER CT STE 301 PO BOX 936 ASPEN, CO 81611 SANTA MONICA, CA 90404-2307 ASPEN, CO 81612 PHILLIPS JOHN E & LYNN D PITKIN COUNTY POUTOUS MARCIA 305 OAK LN 530 E MAIN ST STE 302 534 SPRUCE ST#1 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SALVADORE TERESA READER WILLIAM RUTGERS ANTHONY L & DIANE L ARMSTRONG JOHN B 327 FREE SILVER CT 512 SPRUCE ST 129 FREE SILVER CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SANDVOLD DIANE L SCHEMBRI JAMES F 1/2 SEGOVIA SANTOS S 223 FREE SILVER CT PO BOX 8866 210 FREE SILVER CT ASPEN, CO 81611-3214 ASPEN, CO 81612 ASPEN, CO 81611 SILVERMAN KAREN E SMALL ROBERT SMART JEFFREY & KAREN E PO BOX 2615 127 FREE SILVER CT PO BOX 10651 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 ARTHUR STEPHEN F BAKER KIRK S BARBOUR REGINALD D & MARY PO BOX 4871 PO BOX 1520 P O BOX 4194 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 BERGMAN CARL R & CATHERINE M BILBY JENNIFER BOTICA MICHELLE PO BOX 1365 124 FREE SILVER CT 323 FREE SILVER CT #204 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-3223 BURROWS ARTHUR & COLLEEN BRACHER KIMELISE M BROMKA KAREN S & BARRY J COLLINS PO BOX 4002 11 AJAX AVE 410 N MILL ST #B-11 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 CARP RESA ANNE BUSCH JON LOWELL COOK CHARLES E A LIMITED PARTNERSHIP 548 RACE ST PO BOX 413 PO BOX 10432 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 CORBETT PAUL CHARLES CORDOVA DIANA J COSTIGAN JILL PO BOX 2884 0002 AJAX AVE PO BOX 8686 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 CUELLAR MARIA L DELISE DONALD LEE DEVILBISS JUDSON E 210 FREE SILVER CT PO BOX 345 PO BOX 5012 ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81612 FIORONI CYNTHIA L & PETER K DOMINGOS JULIA GILLIOM & ALLEN ERSPAMER JOHN AS JT TENANTS PO BOX 11452 534 SPRUCE ST #1 10 AJAX LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 FRANK BARBARA FRANZE LUCAS GRIFFITH ANGELINE M PO BOX 11126 PO BOX 2633 530 WALNUT ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 HARRIS DAVID G & MARGARET ANN HOCH DAVID J HOFFMAN KAYLA B 533 SPRUCE ST 311 OAK LN PO BOX 413 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 HORN ERIC JASICKI BRADLEY J JOHNSON DANNINE J 124 FREE SILVER CT UNIT A-206 PO BOX 7742 PO BOX 11273 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 MAR-28-2003 FRI 10~48 AM FAX NO, P, 02 PUBLIC NOTICE RE: CENTENNIAL RENTAL HOUSING PLANNED UNIr DEVELOPMENT (PED) AMENDMENT NOTICE [S HEREBY GIVEN that a public hearing will be held on Tuesday, April 15, 2003. at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission. Sister Cities Room. 130 S. Galena Street.. to consider an application submitted by Centennial Aspen H Limited Pal-Lnership, requesting approval o f a P]anned Unit Development (PUD) Amendment to collstrlic[ 8 model imit, remove the conference room, and reconfigure the oflice spalce that exists in Building H, of the Centennial Rental Housing PUD. For Au-[her information & ,ntact Tame" 1 illdt t the -'ily of Aspen Community Development Depailment, 1 30 S. Galena' St., Asp~ti, CO (970) 920-5095, james]@ci,aspen.co.us. S/.laRmine Ture, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 29,2003 City of Aspen Account MEMORANDUM Oprt to TO: Aspen Planning and Zoning Commission THRU: Joyce Ohlson, Community Development Deputy Directon-~0~a FROM: James Lindt. Planner 3 L RE: Centennial Rental Units PUD Amendment- Public Hearing DATE: April 15, 2003 .9. APPLICANT: - Centennial Aspen lI Limited i Existing Office . -1-'-21: :-r Partnership REPRESENTATIVE: i.- 4 - t- -'t~ = - - 1 z :- 4%.._/ Kim Raymond Architects, Inc. I - 1/. 40;44Â¢,1Â¥2.--,3 - I -ft- 4.\ ; : =k -4+I./.4......."4.. LOCATION: -- - -- A :t . i.>.- - -- . ..a *lÂ· 1' J.m...... T - /4 - â‚¬ -F . 100 Luke Short Court *f?â‚¬9946 9,; 4- 1 - 7~- i.-.-A "/4/ l~ ZONING: -h,k- .1. .: -=/ .1-1 kitt:*.*/ ...ire#2/1/3-.=.t----- R/MFA (Residential Multi-Family) 8**AW-th-t \ 1.~ '. 1 1-12 ' ) I with a PUD Overlay - 44 45-215-7 4.-. 49- i.4Â£8 -25 - - L.C. Photo Above: The picture above shows the exterior of CURRENT LAND USE: the existing office area for the Centennial rental units. Office and Conference Room for I .* Location of Proposed - Building 11, oftlie Centennial Existing Office ~ Model Unit Rental Units 94. . PROPOSED LAND USE: Office and ,/â€¢ I -1â€¢ I, I = 4%22 I I Model Unit for Centennial Rental -- .7 .. 8-(a Units 4 i 14*r-; reat 'llwal"'ll SUMMARY: The applicant requests to 1- reconfigure the existing office space t-k , and conference room into a larger . office and a model unit. The Existing Conference Room 1. . - 2.-/42 applicant also requests to change the roofline and add a loft area as part of the model unit. Photo Above: The picture above shows the entire area of the proposed remodel. 1 REVIEW PROCEDURE The Planning and Zoning Commission may approve. approve with conditions, or deny a request for a PUD amendment after considering a recommendation from the Community Development Director. BACKGROUND: Centennial Aspen II Limited Partnership ("Applicant"), represented by Kim Raymond Architects, is requesting approval of an application for a subdivision and PUD amendment to reconfigure the existing office space and conference room in Building H of the Centennial rental units to create a larger office and a model unit. In addition, the applicant would like to add a loft area and change the roofline as part of the creation of the model unit. The model unit that is requested by the applicant would not be used for residential purposes. The applicant contends that the unit would be used solely to show perspective renters what the units look like on the interior for the time being. The Centennial PUD was originally approved in the County in the early 1980's. The original Centennial PUD included both a section of rental units that to this day have remained under one ownership, and a section of sale units that were condominiumized and sold off. Prior to the time that Centennial was annexed into the City in 1989, the rental and ownership sections of the PUD were split up into separate PUD's. The rental section that is subject to this amendment currently has an allowed FAR of 104,519 square feet. The applicant is proposing to establish an allowable FAR of 105,326 square feet for the eleven (11) buildings of rental units to accommodate the proposed office changes and the creation to the model unit. In addition, the applicant is proposing to expand the footprint of Building H by approximately 566 square feet. Currently. the office that houses the administration and rental of the units is located on the main level of the easternmost portion of the building nearest to Brown Lane. In the basement level, a conference room, laundry facilities, and bathrooms currently exist. The applicant is requesting to move the office down into the basement area and expand it to encompass the area where the conference room, bathrooms, and a stairwell are currently. In addition, the new office is proposed to include a kitchenette and a restroom. The new office would be approximately 930 square feet. whereas the existing office is only about 630 square feet. The model unit is proposed to take up all of the area on the main level that is currently used as the office. including an exterior porch that is to be enclosed. As was mentioned previously. the applicant also wishes to construct a loft in the model unit to make it look like the rental units within the complex that contain lofts. The model unit is proposed to include approximately 1.250 square feet and contain two (2) bedrooms, a full kitchen, and four (4) bathrooms. ~TAFF COMMENTS: GMOS Implications: In reviewing the proposal. staff believes that the office and storage space that currently exist are not considered net leasable square footage. Staff feels that the office and conference room facilities are accessory to the on-site administration and rental of the multi-family units; 2 and thus, are riot commercial in nature. Similarly. staff believes that the proposed office and model unit would be accessory to the on-site rental of the multi-family units and are not net leasable square footage. Moreover. staff does not believe that creating a model unit that is not to be lived in should be considered as creating an additional residential dwelling unit (as long as it is not lived in). Therefore. staff does not believe that there are any Growth Management Quota System implications associated with the current proposal. The applicant has indicated that in the future he would like to have the ability for the model unit to house visiting staff such as auditors for two (2) to three (3) weeks per year Staff believes that any utilization of this mpdel unit for residential purposes would make it a free- market unit and require the applicant to go through the Growth Management Quota System Scoring process to obtain an allotment. The current land use code language does not allow applications for residential allotments to be reviewed until after November 1 st to allow for the submission of other applications competing for such allotments. Therefore, staff has proposed a condition of approval that requires the applicant to obtain approval of a subsequent PUD amendment and gain the required GMQS allotment if they ever wish to use the unit for a residential use in the future. PUD and Subdivision Amendment: Staff believes that the proposal meets the PUD standards if the conditions iii the proposed resolution are adhered to. Staff feels that the proposed exterior change to the structure is in keeping with character of the rest of the building and the complex. As was pointed out in the application, the existing roof configuration of the office space is a shed roof that slopes at an angle that is perpendicular to that of the rest of the building. The proposed roof configuration improves the office's compatibility with the rest ofthe structure by using a similar roof angle to that of the rest of tlie structure. Additionally. the applicant has proposed to use sii11ilar materials to that which exist on the remainder of the building. Staff also does 11Ot take issue with the creation of a model unit as long as it is not used for a residential use without gaining approval for the required GMOS allotment. Moreover, staff does not believe that additional parking spaces are required to accommodate the model unit if it is only used to show perspective renters an example of what the interior of the other units look like. Smuggler Superfund Mitigation Regulations: The entire Centennial complex is located witliin the former "Smuggler Mine Superfund Site'l aiid therefore requires that certain precautions be taken when doing any excavation in the area. City Council Ordinance No. 25. Series of 1994 was adopted to regulate excavation in the former Superfund Site for the purpose of promoting the safe handling of possibly contaminated soils. Condition Nos. 4 through 7 iii the proposed resolution require the applicant s compliance with Ordinance No. 25. Series of 1994 and have been suggested by the City of Aspen Environmental Health Department. STAFF RECOMMENDATION: Staff believes that the proposal meets the standards for amending a PUD. Therefore, staff recommends tliat the Planning and Zoning Commission approve the proposal with the conditions of approval contained within the proposed resolution. C= RECOMIMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Resolution No. la Series of 2003, approving with conditions. a PUD amendment to the Centennial PUD to allow for the creation of a model unit and the relocation of the on-site administration office from the main level to the lower level of Building H." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Referral Agency Comments 4 RESOLUTION 30. ~~ (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT TO THE CENTENNIAL PUD TO ALLOW FOR A REMODEL OF THE EXISTING OFFICE AND THE CREATION OF A MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen Il Limited Partnership, represented by Kim Raymond Architects, requesting approval of a PUD amendment to the Centennial PUD to move and expand the existing administration office in Building H to the lower level of the building and to create a model unit: and, WHEREAS, the Community Development Department is not requiring an approval of a GMOS exemption or allotment for the model unit because it iS 110t to be inhabited; and thus, it is not a new residential unit; and, WHEREAS, upon review of the application and the applicable code standards. the Community Development Department recommended approval of the proposed PUD amendment with conditions: and. WHEREAS, during a duly noticed public hearing on April 15, 2003, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved this resolution. by a to L-_) vote; approving the proposed amendment with the conditions of approval contained herein: and, WHEREAS, the Planning and Zoning Commission 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 Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety. and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development: a PUD amendment to allow for the existing administration office in Building H of the Centennial PUD to be moved and expanded into the lower level of the building and for a model unit that includes a loft to be created on the main level of the building is hereby approved with the following conditions: I. The model unit may not be used for residential purposes. A Subsequent PUD amendment and a GMQS allotment shall be required for the model unit to be used for residential purposes in the future. 2. The applicant shall obtain a tree removal permit prior to removing or relocating any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. 3. The applicant shall comply with Ordinance No. 25. Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permit. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. All soils on the site shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25~ Series of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non-permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent teaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. 4. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 5. The owner and general contractor shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within tile former Smuggler Superfund Site as set forth in Ordinance No. 25. Series of 1994 prior to any excavation and/or issuance of building permits for the property. 6. The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance o f building permits for the property. 7. 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. The water tap fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 8. The Applicant shall comply with the Aspen Sanitation Districts rules and regulations. No clear water connections (roof, foundation. perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the lise of a pumping station. Sanitation District fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. Section 2: All material representations and commitments made by tlie applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied witli as if fully set forth herein. unless amended by an authorized entity. ,Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause. phrase, or portion of this resolution is for any reason lield invalid or unconstitutional iii a court of competent jurisdiction. such portion shall be deemed a separate. distinct and independeiit provision and shall not affect the validity ofthe remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15 th day of April. 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney .Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS Iii reviewing an amendment to an approved PUD, the Planning and Zoning Commission and City Council shall consider: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plano 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff believes that the proposal is consistent with the on-site operations of the rental housing units at Centennial. The model unit is proposed is to be used to show perspective renters an example of what the rest of the units look like on the interior and is not to be used as a residential unit. Furthermore, the office and the model unit are accessory to on-site operations and thus are not considered net leasable square footage. Therefore. there are no GMOS implications as a result of the current proposal. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. 5 b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes that the proposed model unit and office are consistent with the on-site rental housing use of the property. [n addition. staff does not believe that the proposal will negatively affect the existing natural or man-made characteristics of the site in any manner. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The proposal would add less than a 1% increase to the allowable FAR for the rental portion of Centennial. Iii addition, there is virtually no change proposed to the existing footprint of the building or the amount of open space on the site. Moreover. staff believes that the proposed exterior changes enhance the office's compatibility with the remainder of tlie building by providing a similar roof angle to that of the rest of the building. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. 6 Staff Finding Staff believes that no additional parking is needed as long as the proposed model unit is only used to show to perspective renters and is not used for residential purposes. Therefore. staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The applicant is not proposing to change the allowable density within the PUD because the model unit is not to be used for residential purposes in this application. Staff finds that this criterion is not applicable to this proposal. 5. The maximum allowable density within a PID may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PED may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. 11) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The applicant is not proposing to reduce the maximum allowable density within the PU D because the model unit is not to be used for residential purposes in this application. Staff finds that this criterion is not applicable to this proposal. 6. The maximum allowable density within a PUD may be increased if there exists 2 significant community goal to be achieved through such increase and the 7 development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not proposing to increase the maximum allowable density within the PUD because the model unit is not to be used for residential purposes in this application. Staff finds that this criterion is not applicable to this proposal. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 8 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff believes that the proposal actually improves the pedestrian access to some parts of the facilities as was pointed out iii the application. The new roof angle will better shed snow and ice from above the entrance way to the office/model unit. In addition, a deck to help protect the entrance from snow and ice will cover the new entry to the laundry facilities and the office. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity :ind variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The applicant is proposing to transplant several aspen trees to other locations on the site and is proposing to add some native shrubs at the sidewalk of the new office. The City Parks Department has reviewed the proposal and believes that the landscaping alterations that are proposed are appropriate. Staff finds this criterion to be met. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 9 1. be compatible with or enhance the visual character ofthe city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The applicant is proposing to change the roof angle of the office area to match that of the roof angles that exist on the rest of the structure and complex. In addition, the applicaiit is proposing to Lise similar materials to that of the rest of the building to promote a inore consistent design. Therefore, staff believes that the character of the proposal is consistent with that of the rest of the building within the Centennial PUD. Additionally. staff believes that the proposal improves the snow and ice protection over the entryways. The revised roof angle better sheds snow from the entryways to the laundry facilities and the office. Thus, staff finds this criterion to be met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. Alllighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. AH exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All outdoor lighting on the building shall comply with the City of Aspen Exterior Lighting Standards pursuant to Land Use Code Section 26.575.150. Outdoor Lighting. Staff finds this criterion to be met. 10 G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The applicant is not proposing to add any additional common park or open space as a result of the proposal. In addition, staff does not believe that the proposal will reduce the amount of open space iii the PUD substantially. Staff finds this criterion to be met. H. Utilities and Publicfacilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The utilities and public infrastructure on the site are existing. Staff believes that the proposed amendment will not place a greater demaiid on the utilities or site improvements tlian 11 currently exists. Tlie City Water Department and the Aspen Sanitation District have reviewed the proposal and feel that adequate services exist to serve the proposed expansion of one ( 1) model unit. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the IiI) which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The vehicular and pedestrian access is not proposed to change as a result of the proposed ainendment. Moreover, staff does not believe that the creation of a model unit will generate greater traffic because the unit is not to be used for residential purposes in this application. If the applicant requests a future amendment to allow for the unit to be used for residential purposes, the parking and traffic generation impacts will be considered as part of the review of said application. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) 12 The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The applicant is not proposing to construct the proposal in multiple phases. Therefore. staff finds this criterion not to be applicable to this proposal. 13 Community Connection 29 D 4 E F EN / 11 2x ~ %*,04Â¥ 14 ,- %4 - Â»Â« g hi 0 94 9 Al,1._ 1%.B ...3 - 42 1 p f -% U ic. 4.& 1 \1 Brendan Ct 12 Maple Ln \ 13 Herron Dr 00<14>k N.*11%, Salvawn\49 1 Lj#Teal Ct cir P Â® ' y Brown L n 14 Midland Park Pl 4 Cowenhoven Ct 15 Midland Ave 9 r 2 11 44_Â· ~ 4 5 Harold Ross Ct 0/RBAnt< 3 2 Â· 6 LukeÂ»REIAL..r 447 Smuggler GRr~ 0 \6 1 A 7 Nicholas Ln . f ~ ~=%18 E Hopkins Ave ood Duck 8 Free Silver ~ j 1 Stale Ave 4 ** m 44 2IP GjBÂ®9!*_St_. 0 0 j e W 9 South Ave f 4 20 Ma~yf~Wer Ct 42 11 Cottonw00~ Ln NX < ~C> ~7 - 10 Spruce St 1 Eastwood Dr v 0 2 I* T 2 4/m&*m polite j rhz 2 -Ek!'6 -fuce 1 Fires ~ -# Red ~4\, 6:414*9,2 07 <*=Â§4 +C st< Â«:- C - Â·Â»4 19-1 "nah -' W Icter v 1 ./ nter i.. hy' I 4. 3 *=4*/Poef - 8 Ye - . 4 . J \\ \:11 . 0.. d 8 1 2.00 Wo,P'.4. GO 9. L-- 1.-J *luseum ~, ,1 i---A ./4 -hL: r---gtvoli// 0 65 65 cir.*&15*r /k!~t93,anâ‚¬I~\ )* N~ 04 0 m 6 -41 2/If fh S-fe *4*arr-* ff 4ipP4144y-*y r.1-_ OSAN!9.*N 7 1-11 Koch -*=4<--#ag LÂ©>*2% 1 ~"f-U--4 31Â»Citkn A \ 3 1 *A"C--f / 7 0@-i;,1 4~ rttore Ct /tr \ 4411 F / 0*2,â‚¬en*r-*n.L ' '' E en Valley e=/ frÂ»4Â«0 2 â‚¬ 1 +95+ ,tr=40< pital 11 401.r P.0 9 -4 4 L.C21* ~ ----,- 112 1 4~# WY 19 v' Mswiewgqi 4 1>< 1.- - 9794/ -1214- 1 bl== 744 4 2Â£ Aspen Â¢24, 9 -23 Mountain 1 Ski Arta :A 7 ft: :-e \â‚¬ 1/ Co i 33 9 1 2::>- -Â· Â·: ~ A-* 3 8 2 .g# :. 11& it Â¥, 2 | I 1/2 , e *044 Mile *te 2 - ./ - Z- 00114111' MAP=- 2/ neakyL 1746 unFA feit#E MEMORANDUM EX A Ib~ 1 *6 ~ To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 5,2003 Re: 3/5/03 DRC Meeting Minutes: Centennial PUD Amendment Attendees: Kim Raymond, Representative for Centennial James Lindt, Community Development Department Katie Ertmer, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Nick Adeh, Engineering Department Brian Flynn, Parks Department John Niewoehner, Community Development Department At the March 5,2003 DRC meeting, the Development Review Committee reviewed a proposal to amend that Centennial PUD to allow the conversion of part of the existing conference room into an office and also to transform the current office into a model unit for showing prospective tenants. Next Steps for Application: (i) The project will be reviewed by the Planning and Zoning Commission for final approval. (ii) If the Planning and Zoning Commission denies the application, then the applicant has the option to appeal the adverse determination to City Council. Comments to be Included in P&Z Resolution and/or Council Ordinance: These comments are noted below. DRC COMMENTS: 1. Engineering Department â€¢ Drainage Problems at Centennial: Although not directly related to this PUD amendment, there is a problem of runoff from Centennial onto the Spruce Street. This runoff causes damage to the road surface and presents a potential safety problem. This water may be related to the Cowenhoven mine drainage tunnels. At some time in the future, Centennial and the City may have to work together to solve this problem Wording of Resolution: None 2 Parks Department â€¢ Trees that are to be re-located will require a Tree Removal Permit. Trees nearby the construction will need to be fenced to prevent accidental damage to the trees. Wording of Resolution: The applicant shall obtain a tree removal permit prior to removing or relocating any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. 4 Water Department â€¢ The tap fee will be accessed based on the number of fixtures regardless that it is a model unit. Wording of Resolution: The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Page 2 of 2 March 5,2003 Centennial PUD Amendment Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The water tap fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 5. Sanitation District â€¢ The service connection fee will be accessed based on the number of fixtures regardless that it is a model unit. Wording of Resolution: The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. Sanitation District fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 6. Environmental Health â€¢ The site is located is located in the former Smuggler Superfund s te and excavation (over 1 cy) needs to follow requirements of a City ordinance dealing with the Smuggler Superfund Site. Wording of Resolution: â€¢ The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permit. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. All soils on the site shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Serjes of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non- permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. â€¢ The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. â€¢ The owner and general contractor shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. â€¢ The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the property. /DRC/Centennial-PUD-Amend Aspen Consolidated Sanitation District Paul Smith * Chairman Frank Loushin Michael Kelly * Vice- Chair Roy Holloway John Keleher * Sec/Treas Bruce Matherly, Mgr March 11, 2003 James Lindt Community Development 130 S. Galena Aspen, CO 81611 Re: Centennial PUD amend. Dear James The Aspen Consolidated Sanitation District currently has sufficient collection and treatment capacity to serve this proposed development. Service is contingent upon compliance with the District' s rules, regulations, and specifications which are on file at the District office. A tap permit should be completed once detailed plans are finalized. All fees must be paid prior to the issuance of a building permit. Please call if you have any questions. Sincerely, 6& c- 77-A GEL -2-8 Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 MAR. 7.2003 11:58AM ASPEN HOUSING OFC NO.473 P. 1 MEMORANDUM TO: James Lindt, Community Development FROM: Cindy Chtiatensen, Operations Manager DATE: March 6,2003 RE: Centennial PUD Amendment to Office Area of Building H Parcel ID No. 2737-074Â·27-701 The applicant is requesting to remodel the office, conference room and one of the laundry facilities in Building H, move the office to the lower level into what is currently the conference room, storage I and an oversized hallway leading to the laundry facilities. The applicant is also requesting to create a model unit. The existing office would increase from 630 square feet to 930 square feet and provide restroom facilities for the staff. The model unit would encompass the current offiw, the closed-off stairway and anadditional 722 square feet. The applicant is asking fbr an increase ofless than 1% (.0075%) of additional FAR. Under a normal increase of office space, mitigation would be required at 3 employees/1,000 square feet of additional space. The applicant is adding 200 square feet, which would create a mitigation factor of 200 + 1000 X3 = .6 X 60% mitigation factor = .36. Centennial is a 100% affordable housing project Therefore, no mitigation would be required The request to create a model is that the rental property is always 100% full. This would provide the staff of Centennial the ability to show a unit without disturbing another tenant. This remodel is not taking away the total number of rental units, Section 26.445.050 does not state that an applicant must provide additional mitigation for a minor PUD amendment The applicant does not plan on expanding staff fbr the remodel ofthe office area and the additL v f k. 1 0 Ould not create any additional employees. RECOMMENDATION; Staff would recommend approval of this request with no requirement for additional mitigation. k Exh~ 1Â©J * f ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: C.etd'FÂ« NIAL -AS'Fiak\U Lit/\11-2-0 1~k Cklf.~2.5>1419 Location: |00|.lACEL â‚¬>Ae %1. Anug-1-2 Aspild, co (Indicate street address, lot & block number, legal description where appropriate) L-01- '05 Parcel ID # (REQUIRED) 27 3 -7 0 7 4 Z -1-1 o I C..En-12.Nk)/ AL SulM)\\A REPRESENTATIVE: Name: K))Â·n 1<A-f hdokliD Aâ‚¬Ckl 19-Clt, 1140 Address: 412 IN. Mll-L Â«E AE>FEN, c a R/Â£911 Phone #: 1 19 - /2- 36â‚¬- PROJECT: Name: C-E-kkff,KI rd/AL,ASPEd - AFF/CE-,/Holpil . UK]il- EEMI,PE L Address: leo LUE-E. li>Mocr- col.)UT~; AS,FE A Phone #: 01â‚¬6 - 1 8-7 ~ TYPE OF APPLICATION: (please check all that apply): U Conditional Use D Conceptual PUD U Conceptual Historic Devt. Special Review -,EM Final PUD (â‚¬ PUD Amendment) D Final Historic Development Design Review Appeal U Conceptual SPA Â£ Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) Â£ Historic Demolition GMQS Exemption D Subdivision U Historic Designation ESA - 8040 Greenline, Stream D Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane E Lot Split 0 Temporary Use 0 Other: Kn t nog 70 D U Lot Line Adjustment D Text/Map Amendment Aninor*EnT EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) -1 - CC , 1 13 0.1/5--f/h/(b (5FF,Ce- / '5-7-4 1 Kin ell f 15-72 *Ar&,*. Aiff-,AA rp l.i,Fr "1 dl )1 L.Â© it<1(b - 2 C.â‚¬-Ic VIk-1--1 k. 11 AL PROPOSAL: (descriplion of proposed buildings, uses, modifications, etc.) 1Â£Â¢-Cr~14 616* .6.5, 46cYL 41Â£41-lc:+1â‚¬p f BEfu l\+-RD LAÂ¢.a, Â£0Â©- o=*ici/ Â«\Et-1 46 Ay,EA- - OAriM-FF_. t/loD#1- c 4,1,1- fof. 4,6,z-'D+LIJ,Fl ll-5 1 940 LA ? A-057 221-LY & 'FGA 14'fs . Have you attached the following? FEES DUE: $ 1260. DC) [3-lire-Application Conference Summary 81ttachment #1, Signed Fee Agreement 2-Response to Attachment #3, Dimensional Requirements Form El--Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. m El El El El CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sarah Oates, 920-5441 DATE: 02.07.2003 PROJECT: Centennial PUD REPRESENTATIVE: Kim Raymond, 925-2252 OWNER: Sam Brown DESCRIPTION: Minor PUD Amendment for alterations to the offioe and operations and increase in allowable FAR to enclose deck of existing office. Land Use Code Section(s) (Cite all sections numbers and titles that apply to tile application.) 26.445.050 Title of Section Review by: Staff for completeness. Public Hearing: P&Z Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Referral Agencies: None. Planning Fees: $1260.00 Referral Agency Fees: None. Total Deposit: $1260.00 To apply, submit the following information: ~~ ~I'~efdoffeocw~~efi~s~~~pei~itli payment. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, : -- address and teleplione number of the representative authorized to act on behalf of the applicant. *A Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance compaia or attorney licensed to practice in the State of Colorado, listing the names of all owners ofthe 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. -5â‚¬' Total deposit for review ofthe application. 6. 3 11 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. . An 8 1/2" by 11' vicinity map locating the parcel within the City of Aspen. ~~ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing / conditions as well as proposed. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on ~~ ~j,~ mailing labels for a small fee. 920.5453 17 C 9 , Copies of prior approvals. - all ol~wi.,Utel,*u,,'ull> ' 45. Applications shall be provided in paper format (number of copies noted above) as well as tlietejlly on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Micrdsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. VAF C-15/0 ' ~ 1 9 *4-33 A7 3-7 07 + 2 7 7 6 J n c-60-FFR q 1- till/.Sr L,-1 A .Ar- ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: CturfE#d NIAL o FFLCE./HOPIEL Unt-r RE.floDEL Applicant: 0621-Ekil k) IAL ASPE J YIE- LitÂ·/1 11-Â«-) 'FAL~~1-il| EfUbplÂ·'P Location: 100 Lok-Fi- 41450_-T- C-noluT ASPE-+3 1 Zone District: Lot Size: / O. (r â‚¬- A.C..122Â£-5 Lot Area: (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: ~ Proposed: - Number of residential units: Existing: 1 4-8 Proposed: . 68 Number of bedrooms: Existing: 1 *61'28(â€¢tfoposed: 1 9 2 ed r rn 5 -1- 1 1 5.1-ud; 09, ~ 1-* 61.19 1 05 Proposed % o f demolition (Historic properties oray): A ,~ DIMENSIONS: Floor Area: Existing: j 04,537 Allowable: 1 04-5 /1Proposed: 1 67Â¤â‚¬22'2(P Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: - Allowable: Proposed: On-Site parking: Existing: 2,2 1 Required: 25? / Proposed: 2 2 1 % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requestedi 1 /1 LIE E.,AS E- ms AU.06 to Â£;Il RA,K. ibY .SnE] LP F:br- AÂ¢.rt,-10 /su- 1-,n. 110b c flÂ©-F- 101(1-'417lnÂ£6, li4Â·e. c.Â©14901--1 tkILÂ© PA 51'92- oF 4415 912-8180<7~ Response to Review Standards for Minor PUD Amendments Background and proposed development The proposed development is located at 100 Luke Short Court, Aspen (in the Centennial complex). The space under consideration is in the H Building; it is the office and conference room and one of the laundry facilities for the rental units. We would like to move the office to the lower level, into what is now the conference room, storage and an oversized hallway leading to the laundry facilities. This part of the building was originally designed to be a bus/transit area. Before the complex was completed, these plans were abandoned, as the bus stop was located just across the street for easier access for everyone, those in Centennial and others in adjacent neighborhoods. The office for the complex was then located on the upper level, the stairs were closed off as unneeded and the laundry was located in the back of the lower level. We would like to reconfigure this area to make is more useable for the people working in the office, for the tenants who come to the office and for those that use this laundry facility. In addition, we would like to create a model unit. As it is now, there is no way to conveniently show a unit to prospective renters, as all the units are always occupied. This model unit would never be added to the rental pool, used only by the partners of Centennial-Aspen and Kim Keilin, the property manager, to show prospective renters. The existing office is 630 sq. ft. and is very cramped for all the operations it has to handle. The proposed office will be 930 sq. ft. designed to be used as an office and meeting room, which will accommodate three staff people, and allow for privacy between staff and tenants. It will also provide for restroom facilities for the staff. Right now, they have to go outside, around the building to the lower level and use the public restrooms, provided for those people using the laundry. The model unit would encompass the current office, the closed off stairway, and an additional 722 sq. ft. We are proposing to enclose the existing deck, add an additional room onto the stairwell, on one level, and create a new upper level by raising the existing roof. To accomplish this, we need to amend the current limit on the FAR for the rental units and the total FAR allowed for the entire project; both rental units and owned condos. The Rental units are allowed 104,519 sq. ft; the Owned units are allowed 72,481 sq. ft. totaling 177,000 sq. ft. of allowable FAR for the entire project. We are asking for an increase of less than 1 % (.0075%) of the area allowed for the rental units for this project. In previous amendments to this PUD, the Owned units were given an increase of 1 % of the allowed FAR to allow for the enclosure of their decks and to give opportunities to other owners to create decks for their units. Response to review standards General Requirements The proposed development is consistent with the Aspen Area Community Plan and in character with the surrounding land uses. It is not changing the use of the existing PUD which provides housing for people living and working in Aspen. It also enhances the living experience of those same individuals (see below). Our proposal also, has no adverse affect on any future development in the surrounding area, as it is already developed. This project is exempt from GMQS. Establishment of Dimensional Requirements 1. The proposed dimensional requirements of the project are compatible and appropriate with the existing land uses. There will be no change to the existing land use. The addition to the building will have no negative impacts to the site or any of the tenants in the complex. No views will be impacted from the other buildings, and the natural landscape surrounding the unit will be enhanced with a few native shrubs added to the walkway area between the two levels of the building. The pedestrian circulation and use of existing facilities will be enhanced with the new entrance to the laundry facility being covered and protected from snow and ice. 2. The proposed addition to the FAR will have a very negligible impact on the scale, massing, site coverage and open space to the existing project. We are only adding 566 sq. ft. to the building's footprint, in three different areas on the end of the building. This represents .005% of the entire rental aspect of the Centennial development. 3. There will be no increase in parking spaces, as the number of spaces already existing includes those needed for the office. The model unit doesn't require additional spaces as it will not be rented. 4. The proposed project will have no affect on the existing means of fire protection, snow removal and road maintenance. 5. The effects on the runoff and drainage of the property will have no significant change as the increase in roof area is very minimal. In fact, the new roof lines will create better conditions for snow "safety" at the entrance to the office and the sidewalk to the laundry. Site Design The will be no change in the design of the site with this proposal, Landscape Plan There will be no change in the overall existing landscape plan. The proposed project will require the transplanting of a couple of aspen trees to other areas on the site and an addition of a few native shrubs at the sidewalk around the new office entrance. Architectural Character The proposed addition to the 'H" building will actually make the building more compatible with itself and the rest of the existing buildings in the original development. The existing roof configuration is unique to itself in a group of buildings that make use of only a very few different angles and shapes. The new roof will mirror the roof of the rest of the building, but be lower. This will help the building look more like the rest of the buildings, while still being shorter as it approaches the public road. As it is now, the existing roof is the only one in the development that is a shed roof sloping at an angle perpendicular to the rest of the building, and looks very much like a stairweli from the exterior. The new entrance to the unit on the main level will match the entrances of the other parts of the building. The new entrance roof will be smaller than it's counterparts, staying proportional to the size of the area served. As mentioned above, the new roof angles will alleviate the dangerous existing condition of, snow sliding from the roof over the entrance to the existing office. Being on the north side of the building, this can be a considerable amount of snow and ice, which spontaneously slides off the metal roof. The new entrance to the model unit will have an entry roof to match the roofs at all the stairwell entrances, which sheds snow off to the side. The new entrance to the laundry and office will be covered by the deck above, which will catch any snow that sheds off the new roof of the model unit. There will be minimal snow in this area, as it faces south and rarely gets more than 6-8" deep, (on a good snow year). Snow guards will be installed if deemed necessary. By covering this walkway, the build up of old snow and ice will be eliminated. Summary of Amendments - Over the twenty years of this project, there have been a number of amendments to the original PUD. These have adjusted the amount of FAR allotted to the project as a whole and separately between the rental units and the owned units. Enclosed in your package, is a copy of the final amendment. Thank you for your consideration of this proposal. MAR-26-2003 12:55 PM KIM RAYMOND ARCHITECTS 9709252252 P.02 KIMI PAYMQND ARCHITECTS .. March 25,2003 Pltkin County Community Development Planning und Zoning Commission CENTENNIAL -ASPEN 11, MINOR PUD AMENDMENT ADDENDJM TO PUB AMENDMENT Since preparin- 01.Â·r Â·ri-'nel proposal, we have met with the city officials about the use of the modol unit for â€¢.,4,0,66. of Centennial-Aspen. During the course of a year, employefts, such as auditors, have to come to the site to do their work. It is a significant cost to house them in town during their stay. The savings gained by having them stay on sight, could help offset the cost of the model unit, The unit would still be shown to perspective renters as a model, even while the employees are there. The hardship we face, is that the way the code is written, there is no legal way for us to have a Model unit that could be used just by employees, on a very limited basis. We discovead that the unit will be considered a model, that can only be a "showroomÂ», or it would have to be a fullÂ·on free market unit. We offered to record a limitation on the use of the unit for employees of Centennial-Aspen, so that it would never be rented or sold, except st that time when the entire project would be sold; but this was unacceptable to the city ofTicials due to the code. Thus, the only option we are left with, is to apply for a free market unit. Present'y, the only way to obtain a free market unit is to go through the growth management process. This process doesn't accept applications or 'score" the proposals until No,ember, at the very end of the building season. The other avenue is to wait until the cod,9 is amended with the infill program. This might or might not happen, and no one knows when, or even if it will allow us to have a restricted use, model unit. The oice expansion is long overduet and the need for a model unit has been apparent for many yeare, .1 - 'E- wel:ed like to proceed with our application now, enabling us to take advantage of th6 upcoming building season. We will wait until November, and apply to amend the PUD again, asking at that time for a free market unit; then go through the growth mknagement process to convert the model into a free market unit. We w,nted to let the Commission know of our intentions, so as not to look like we are trying lo be sneaky in November when we come before you again. It seems we have no other choice at this time. Thank you for your consideration of this proposal and adden ium. I' â€¢,,aÂ·,1, witl #litÂ·.,1 â€¢, .#Ap,N. ir,i,â€¢r.1./1 M} 411 â€¢ 1,Â·1/f,tx '1"(1.92,Â·2.142 â€¢ Lrui m,#Ipst'Â·'â€¢tip<Â·11\101.,xâ€¢m 130 S. Galena St. Aspen CO 81611 Aspen Community (970) 920-5090 (970) 920-5439, fax Development Department 3X TO: Sam Brown Frorn: James Lindt Fax: (202)723-8532 Pages: Phone: Date: 4/30/03 Re: Centennial Condition of Approval CC: El Urgent U For Review C] Please Comment El Please Reply C] Please Recycle â€¢ Comments: Hi Sam, Kim Raymond asked me to fax you the proposed condition of approval that she spoke about with you earlier today. The added condition is Condition No. 10. If you have concerns about it or another suggestion on how it can be assured that the unit will not be used for residential purposes, please call me at (970) 920-5095. Thanks. . FEB-10-2003 16:13 FROM: CENTENNT'U 202-723-E532 TO: a'09252252 p.001Â·'001 FED-10-2003 12:07 PM KIM RAYMOND ARCHITECTS 9709252252 P.03 CITy OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Arrecment for Paymont of City of A.inen De,tionrne,L*nolication-Fm CITY OF AS}'EN (cr,in.Aor CITY) and (~ 12 $ T f W W , â€¢4 - A, F ILE i. L , '-1 1 4- :5 p f".4.-4 r *-1 044 > 1, ir' (hereinaft= APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT hal Subminad m CrIY u application for M 114016.. 1'(VE) -Aly,fbtory,F.rl-~-- (hcrain.fulr, THE PRO,lECD. 2. APPI.ICANT undÂ©ntands and Rees thit City of Aâ€¢pen Ordinince No. 57 (Seric; of 2000) Comblilhzâ€¢ * f* #tructure fol Land thÂ© applicatow and (hc payment of &11 procc:*ing fÂ¢Â¢* iâ€¢ a condition precedent to & dclermina:ion ofapplication oomplagnnes- 3. APPLICArr and CITY agree that becaule of the Yize, nature or Dcopc of the propoied project, it i, not poâ€¢sible 11 61ia time to ucertain the ful extent of Uic gost, involved in prooosâ€¢ing the application. APPLICANT ind CITY funhcy *gret that it is in thi interest of the parties bat APPLICANT make pa>men! of w initial dcpolit and to [ber=Acr permit sdditional com to be billed to APPLICArr 04 a moothly buil, APPLICANT.wea addidomt Goitk may accruc fol:owing :heir hcanng; and'or approvah. APPLICANT agrees he will 54 bcoeflad by rctining grent:T canh liquidity and will make additional psymeoll upen notification by the CITY #hen th:y m 00=.aly * ccitt m hurrcd. OTY agrees it will be bencfild through the gmater cortainty of recoveri#g its full co.5 to prosm APPLICANTS â€¢pplication. 4. CITY and APPLICANT further aucc that it it impr:*clicable for CITY staff to complete proocuing or Litâ€¢ent sumcient informadon to th. Planning Commbion incLor Ciry Council w enable the planning Commissian and/or City Council to matic legally required Snding, for project Gcolideration, unloa current bill,ng, am paid in full prior to decision. 5. Thercibrt, APPLICANT agrces that in conâ€¢idcation of the CITY'I waiver of M risht w collect full fcc, prior to m det=air*tien of appligation xmple:cooss, APPUCANT :hal] pay an initial dcpotit in the amouat off li? CoO.coc?whichi, for- (0 houn of Community Development .tafT Eme, ind if acw..1 recorded Â¢0*19 ckeocd The initia] dcpoek API'UCANT shall pay additional mouthly billiw to CITY to rcimburte tha Crn' for the protessing of the applicition mentioned above, including po# approval nview al a rate of $206:00 per plannor ho ir over the initi,1 dcpotil Such periodic peÂ»ents .hal: b: made within 30 dayâ€¢ of thÂ¢ billing dâ€¢ze, APPLICANT turther agnes th.t failum to pay luch accrued costs thall be ground, for sumemion of proctâ€¢â€¢ing. wid in no â„¢c will outlding permiu be issued unul 111 cota alâ€¢ociatod with cale proccâ€¢81:18 haw beon paii CITY OF ASIEN APPUCANT L 91 *7 #.-- (-1 . ~4 -5 0.- 4 '1 1,6 + 41 . ...-2- f 1 81 h g .4 114 41. 0.3 d 4 - i 1..."M A., F,- 1!I Julie Ann Wood, Commul 19 Devigopmet Director D.k; - _ .2_1 inf a o Maling Addr/*: /. QQâ€¢-1-W K #-- 5 W o R ,- 40,Â·;f~T g:\supporÂ¢lfirlnt\.grpay.doc 1/10/0, MEMORANDUM TO: Plans were routed to those departments checked-off below: X........... City Engineer X......... Community Development Engineer O......... Police Department ........... Zoning Officer ........... Housing Director ........... Parks Department ........... Aspen Fire Marshal City Water ........... ........... Aspen Consolidated Sanitation District ........... Building Department ........... Environmental Health ........... Electric Department ........... Holy Cross Electric City Attorney ........... Streets Department ........... Historic Preservation Officer ........... Pitkin County PIanning .........DRC FROM: James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen. CO 81611 Phone-920.5095 Fax-920.5439 RE: Centennial PUD Amendment- to office area of Building H Parcel ID #2737-074-27-701 DATE: February 26,2003 COMMENTS: Please review the attached application for a PUD amendment to allow for the existing office area in Building H of Centennial to be transformed into a model unit. In addition, the applicant wishes to convert the existing conference room on the lower level into the office. A DRC Meeting will be held on Wednesday, March 5th in the Sister Cities Room, Basement of City Hall. Please return comments to John Neiwoehner by March 126- DRC Meeting: March 5th Comments Due: March 12th Thank You, James Lindt O O O >4 OCCO X X >4 X >4 2 0 REVIEW DRAFT ONLY RE 7 1987 Fourth Amendment to 1...... â€ž........1 -r- 1-, j Disposition and Development Agreement by and between The Board of County Commissioners of Pitkin County, Colorado and Centennial-Aspen, A Limited Partnership :(the assignee of World Class Housing, Inc. ) This Fourth Amendment to the Disposition and Development Agreement ("Fourth Amendment") is made and entered into by and between the Board of County Commissioners of Pitkin County, Colorado (the "County") and Centennial-Aspen, A Limited Partnership ("Centennial-Aspen"), the assignee of World Class Housing, Inc. ("WCH"). WHEREAS, on May 10, 1983, the County and WCH entered into a Disposition and Development Agreement (the "Agreement," which term includes the First, Second and Third Amendments described below, and this Fourth Amendment, unless the context otherwise requires) for the construction, management, and operation of an employee housing project upon that land described in the Agreement as the "Site"; and WHEREAS, a First, Second and Third Amendment to the Agree- ment was executed by the County and Centennial-Aspen on April 27, 1984; August 8, 1984, and April 10, 1986 respectively; and WHEREAS, it is the desire of the County and Centennial-Aspen to further amend the Agreement to correct certain facts, 1 l. recitations, and provisions that have been affected by changed circumstances and to clarify the Agreement; and WHEREAS, it is the desire of the County and Centennial-Aspen to.further amend the Agreement to facilitate the sale of previously unsold 1-bedroom loft units by allowing the enclosure of the loft space at the discretion of Centennial-Aspen and upon receipt of a building permit from the Pitkin County Building Department. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree that: 1. "Section 2.01(c)(6) Conveyance of Property." shall be amended as follows: (c)(6) A restriction, as a covenant running with the land, arising on the date of record upon which the County conveyed the Site to the Developer and expiring twenty (20) years thereafter, that residential improvements on the Site shall not exceed one hundred seventy-seven thousand (177,000) square feet of Interior Residential Space of which total not more than one hundred four thousand five hundred nineteen (104,519) square feet of Interior Residential Space shall be occupied by Rental Units and not more than seventy- two thousand four hundred eighty-one (72,481) square feet of Interior Residential Space shall be occupied by Sale Units; 2 however, the foregoing clause shall not limit the Developer's right convert Rental Units to Converted Sale Units pursuant to Section 2.01(f). 2. Section 3.01(f) Overall Development Concept." shall be added as follows: (f) (1) The Developer is hereby permitted to enclose the loft space in loft unit B-202, 221 Free Silver Court, adding approximately 148 square feet of Interior Residential Space to the unit to test the marketability of the revised unit layout. The Developer shall also be permitted to enclose the loft space in the remaining 4 unsold loft units listed below upon written notification to the Pitkin County Planning Office and receipt of a building permit from the Pitkin County Building Department. Enclosing the loft space in the subject loft units may be phased on a unit by unit basis at the discretion of the Developer. A-204, 122 Free Silver Court B-203, 222 Free Silver Court B-204, 223 Free Silver Court B-205, 224 Free Silver Court (f) (2) The enclosed loft units shall continue to be used as 1-bedroom units and the enclosed loft space shall not be used for the purpose of increasing the permissible occupancy of the unit. 3 (f) (3) The enclosed loft space of approximately 148 square feet shall be permitted to be added to the "base" sale price of the unit as set forth by the "Agreement" and be charged only at the actual construction cost of the work. 3. All terms used in this Fourth Amendment, whether capitalized or not, unless otherwise stated, shall have the same meaning as when used in the Agreement, whether by explicit definition or as a matter of custom and usage. 4. Except as modified by this Fourth Amendment, the Agreement shall remain in full force and effect as previously executed. 5. If any provision in this Fourth Amendment is inconsis- tent with any provision of the Agreement, then the provision contained herein shall prevail and control. 6. References to section numbers and headings herein shall be consistent with and as defined in the Agreement. 7. The effective date of this Fourth Amendment shall be the date upon which this Fourth Amendment shall have been executed by both of the parties 'hereto and authorized by the County. 4 8. This Fourth Amendment may be executed in counterparts, which counterparts shall be deemed to be originals and shall together constitute one and the same instrument. IN WITNESS WHEREOF, this Fourth Amendment has been executed and delivered by the parties hereto as of the dates indicated below. THE BOARD OF COUNY COMMISSIONERS ATTEST: OF PITKIN COUNTY By: Deputy Clerk & Recorder George Madsen Chairman CENTENNIAL-ASPEN, A LIMITED PARTNERSHIP By: World Class Housing, Inc., Its General Partner By: President ATTEST: Date: APPROVED AS TO FORM: Thomas Fenton Smith County Attorney 5 ACKNOWLEDGEMENTS STATE OF COLORADO ) ) SS. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of , 1987, by Sam W. Brown, Jr., President of World Class Housing, Inc., a Delaware corporation, as General Parnter of Centennial-Aspen, A Limited Partnership, on behalf of the Limited Partnership. Witness my hand and official seal. Notary Public My Commission expires: 6 ACKNOWLEDGEMENTS STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ' ) The foregoing instrument was acknowledged before me this day of , 1987, by George Madsen, Chairman of the Board of County Commissioners of Pitkin County, on behalf of the Board of County Commissioners of Pitkin County. Witness my hand and official seal. Notary Public My Commission expires: 7 L. ORDINANCE NO. 25-- (Series of 1994) AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 7 OF THE ASPEN MUNICI- PAL CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO THE MUNICI- PAL BUILDING CODE BY ADDING REGULATIONS AND PERMITTING PROCEDURES FOR EXCAVATIONS AND DEVELOPMENT IN THE SMUGGLER MOUNTAIN SUPER- FUND SITE. WHEREAS, the United States Environmental Protection Agency ("EPA") has identified and designated an area within the munici- pal limits of the City of Aspen known as the Smuggler Mountain Superfund Site ("Site") as being contaminated with mining wastes containing high concentrations of lead and cadmium and has consequently placed such Site on the EPA's National Priorities List for cleanup and remediation under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; and WHEREAS, the currently defined Smuggler Mountain Superfund Site is approximately ninety (90) percent developed as a residen- tial area and includes two large condominium complexes, several . smaller condominium developments and approximately 160 individual homes; and WHEREAS, the EPA has determined that the concentrations of lead and cadmium on the Site pose a potential health risk to humans, especially small children and pregnant women; and WHEREAS, on or about June 25, 1985, the Environmental Protection Agency issued an Administrative Order, Docket No. CERCLA VIII-85-05, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, directing that certain parties and persons refrain and be prohibited from moving, treating, sampling, or disturbing any soil in excess of one cubic yard within the Site absent advance notice to and permission of the EPA, and further requiring such persons to provide information identifying the nature of the material to be moved or disturbed, the plans for handling, storing or removing such materials, and any proposed or planned storage site for same; and WHEREAS, in order to implement and ensure compliance with its Administrative Order Docket No. CERCLA VIII-85-05, the EPA has become involved in the review, issuance and monitoring of excavation and building permits for routine construction activi- ties within the Site associated with home construction and j remodeling; and WHEREAS, the review and issuance of excavation and building permits for construction activities within the Site can be and should be administered cooperatively between the City of Aspen and EPA at the local level given adequate and appropriate stan- dards and regulations applicable thereto; and WHEREAS, the EPA has advised the City that the demand upon its personnel and resources in the review and issuance of local excavation and building permits is burdensome, results in ineffi- ciencies and time delays, and is unnecessary in the face of the City's willingness and expertise to undertake the permitting process at the local level; and 2 \1 WHEREAS, the EPA has consulted with the City of Aspen in regard to the review, issuance and monitoring of excavation and building permits within the Site; and WHEREAS, the implementation and enforcement of institutional controls by the City of Aspen regulating excavation and building activities within the Site could minimize the disturbance, trans- fer, inhalation, and ingestion of contaminated soils, thus, lessening the risks posed by the Site to the public health and safety; and WHEREAS, the Environmental Protection Agency and the City of Aspen have conferred and agreed that the adoption and enforcement of this ordinance will provide the appropriate mechanism by which the review and permitting of excavation and building activities within the Site can be efficiently and appropriately carried out at the local level; and WHEREAS, the City of Aspen would not engage in or attempt to assume regulatory authority over matters reserved to the EPA by and through Federal law, regulation or order absent the request and advice of the EPA; and WHEREAS, the City Council has determined that this ordinance is necessary to further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1 :1 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding new Section 7-143, "SPECIAL REGULATIONS - SMUGGLER MOUNTAIN SUPERFUND SITE", to Article V of Chapter 7, which section shall read as follows: SECTION 7-143. SPECIAL REGULATIONS - SMUGGLER MOUNTAIN SUPERFUND SITE. (1) APPLICABILITY. (a) These regulations shall apply to and govern any development or other activity which may cause or contribute to the movement or disturbance of con- taminated soil or other solid waste within the boundaries of the Smuggler Mountain Superfund Site as those boundaries are identified and designated by the United States Environmental Protection Agency. An official map prepared by the Environ- mental Protection Agency depicting the current boundaries of the Site shall be maintained in the office of the Chief Building Inspector for the City of Aspen. Additional maps of the Site shall be maintained in the offices of the City Clerk, City Engineer, the Aspen/Pitkin Planning Office and the Aspen/Pitkin Environmental Health Depart- ment. All maps shall be available to the public during regular business hours. (b) The standards and regulations as contained in this section may be amended from time to time so as to address changes at the Site and/or the federal laws and regulations applicable thereto. (c) Nothing contained in this section is intended or shall be construed to supersede or limit the legal power and authority vested in the Environmental Protection Agency under the Comprehensive Environ- mental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq., or any other Federal law, rule or regulation. (2) DEFINITIONS. As used in this Section, the following terms shall have the meaning specified unless the context requires otherwise: (a) "Activity" means any action occurring on, above or below the surface of the ground within the boun- 4 daries of the Site which results or may result in a disturbance of one (1) cubic yard of soil within the Site. (b) "CERCLA" means the Comprehensive Environmenta 1 Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq., as amended. (C) "Contaminated soil or material" means soil or material containing lead concentrations of 1000 parts per million (ppm) or greater. (d) "Development" means any construction or man-made change in the use or character of land including, but not limited to, building, grading, excavating, digging, paving, drilling, planting or landscap- ing. (e) "Director" means the Chief Building Inspector of the Aspen/Pitkin Regional Building Department. (f) "EPA" means the United States Environmental Pro- tection Agency. (g) "Hard surface cover" means a non-permeable or semi-permeable barrier overlaying the ground sur- face such as paving, asphalt, concrete, stone or wood, and including buildings and other permanent structures. (h) "Person" means an individual, partnership, cor- poration, association, company, landowner, tenant, occupant, contractor, subcontractor or any public body or political subdivision. (i) "Site" means those areas within the City of Aspen that are within the boundaries of the Smuggler Mountain Superfund Site as designated by the Unit- ed States Environmental Protection Agency (EPA) pursuant to the Comprehensive Environmental Re- sponse, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq., as amended, and as depicted on the official map maintained by the Aspen/Pitkin Regional Building Department and signed by an official of the EPA. (j) "Solid waste" means contaminated soil or other material disturbed as the result of excavation or construction within the Site. 5 (k) "Vegetative cover" means plant life, including but not limited to grass, trees, shrubs, vines and sod, planted or installed in such a manner so as to prevent or minimize the exposure of ground soil. (3) PROHIBITED ACTIVITY -- EXCEPTION FOR UNITED STATES GOVERNMENT. No person shall undertake or conduct or cause to undertake or conduct any activity or develop- ment within the Site without first complying with the procedures and performance standards as provided in this section, except that, in accordance with Section 9621(e) of Title 42 of the United States Code, nothing contained in this section shall require or be construed to require the obtaining of a permit by any agency, employee or contractor of the United States for activi- ties conducted entirely within the Smuggler Mountain Superfund Site carried out in compliance with the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq. (4) PERMITS REQUIRED. No person shall undertake or conduct any activities or development within the Site involving the excavation or exposure of more than one (1) cubic yard of soil without first obtaining a permit from the Director. Activities or development involving excava- tion of less than one (1) cubic yard of soil shall not require a permit, but shall be subject to the require- ments as set forth in subsection (6) of this Section 7- 143. (5) PERMIT PROCEDURES. (a) Application. All permits shall be applied for on forms provided by the Director. A fee shall be assessed in accordance with the building permit fee schedule as adopted in Chapter 7 of the Munic- ipal Code. Each applicant for a permit shall, at a minimum, provide the following information: (i) The location and nature of the proposed ac- tivity or development. (ii) The depth of any proposed excavation and volume of soil or material to be excavated or disturbed. (iii) The dimensions of all surface areas to be disturbed. 6 (iv) The volume of soil or other material to be backfilled on site. (V) The volume of soil or other material proposed to be disposed of off the excavation site. (Vi) The identification of any facility outside the Site to which contaminated soil or other solid waste are to be transported for storage or disposal. (Vii) The duration of any exposure of soil or mate- rial excavated. (Viii) The applicant's plans for identification and segregation of clean fill or material from contaminated soil and material during the period of activity or development. (ix) The applicant's plans for backfilling con- taminated soil or material. (X) The applicant's plans for insuring compliance with the performance standards as set forth in subsection (6) of this Section 7-143. (Xi) Such additional information as determined by the Director or the Aspen/Pitkin Environmen- tal Health Department to be reasonable and necessary to evaluate the safety and appropriateness of the proposed activity or development. (b) No permit shall be issued without it first having been reviewed and approved by the Aspen/Pitkin Environmental Health Department utilizing the performance standards as set forth in subsection (6) below. (6) PERFORMANCE STANDARDS. The following performance standards shall be adhered to and applied to all activ- ity or development within the Site. (a) Excavation and construction. Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with a durable non-permeable tarp or other protective barrier approved by the Aspen/Pitkin Environmental Health Department so as to prevent the leaching of contaminated material onto or into the surface 7 soil. Disturbed soil or material need not be re- moved if the Aspen/Pitkin Environmental Health Department finds that: (1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or (2) that there exists a satis- factory method of disposal at the excavation site. Disturbed soil and solid waste may be disposed of outside of the Site upon acceptance of the materi- al at a duly licensed and authorized receiving facility. (b) Non-removal of contaminated material. No contami- nated soil or solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the Site without having first obtained any and all necessary state and/or feder- al transportation and disposal permits. (C) Dust suppression. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. The Aspen/Pitkin Environmental Health Department may require air monitoring to insure the effectiveness ) of dust suppression measures. (d) Vegetable and flower gardening or cultivation. NO vegetables or flowers shall be planted or culti- vated within the boundaries of the Site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999 parts per million (ppm) lead. (e) Landscaping. The planting of trees and shrubs and the creation or installation of landscaping fea- tures requiring the dislocation or disturbance of more than one (1) cubic yard of soil shall require a permit as provided in Section 7-143(4) above. (7) SOILS TESTING. The Director or the Aspen/Pitkin Envi- ronmental Health Department may require any person undertaking to conduct activity or development within the Site to test any soil or material to establish its total lead (Pb) content for purposes of determining the application of any of the provisions of this Section 7- 143. All testing shall utilize and adhere to protocols established or approved by the United States Environ- mental Protection Agency. 8 (8) INSPECTION AND MAINTENANCE. In addition to all other requirements as set forth in this Section 7-143, the following additional requirements shall apply to the use and maintenance of all lands within the Site, including but not limited to lawns, play areas and parking lots. (a) All areas within the Site shall be subject to inspection by the Aspen/Pitkin Environmental Health Department in order to enforce the provi- sions of this Section 7-143. Inspections shall be done with the consent of the property owner or occupant. If consent is denied, inspection shall be obtained pursuant to court order. (b) All areas within the Site shall be maintained with a permanent vegetative or hard surface cover. Except as allowed pursuant to a duly obtained permit issued under this section, no person shall alter any part of a permanent vegetative or hard surface cover absent prior notice to the Aspen/ Pitkin Environmental Health Department. (C) All areas within the Site shall be maintained in a manner to minimize erosion, including adequate 1 provision for drainage and surface water run-off so as to prevent the formation of standing pools, ditches or gullies. (d) No new outdoor playing field, playground, or other recreational area shall be established or con- structed within the Site, nor shall existing play- ing fields, playgrounds or recreational areas be expanded, without the prior review and approval of the Director and the Aspen/Pitkin Environmental Health Department. (9) APPEALS. Any person adversely affected or aggrieved by a decision of the Director or the Aspen/Pitkin Environ- mental Health Department made pursuant to this Section 7-143 may appeal such decision to the Board of Appeals and Examiners pursuant to the procedures as set forth in Division 2 of Article II of Chapter 7 of the Muni- cipal Code. Section 2 The City Clerk is directed to file and have recorded a true and accurate copy of this ordinance, along with a true copy of 9 I + the official map depicting the boundaries of the Smuggler Mountain Superfund Site, in the office of the Pitkin County Clerk and Recorder. Section 3 This ordinance shall be effective five (5) days following the date of the filing of an approved consent decree by the Court in the case entitled United States of America v. Smuggler Durant Mining Corporation, et al., 89-C-1802 (U.S. District Court for the District of Colorado). Section 4 This ordinance shall not have any effect on existing litiga- tion 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 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. ; 10 6 4 â€¢. Section 6 A public hearing on the ordinance shall be held on the /5 day of , 1994, in the City Council U Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the C==7-- -a day of , 1994. 14 a (lut John< S. Bennett, Mayor ATTEST: ful--A 4-taN Kathryn sk>*Sci City Clerk U - FINALLY adopted, passed and approved this l/~<-- day of , 1994. O 0 44 9 * 3y-7--- John h. Bennett, Mayor Kathryn ~0/ Kocl~, City cldn 11 R V 1\ \ --LOT.ZA < â‚¬0~ \ \ 43-94-12>tr N 0Â«-ar~ Al\--- -- L/M/75 OF ACCES, WATER +SEWER EASEM*hil-6 FOR.5MOGU-ER. -UM.ANT MINING CORP. 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LINE). - \ 0245 i f<.Of-% - - -44 9UKYEMOKÂ© CERTIFICATEL \ - / IA %- -/ 00,0 C> Ate.44'45# < de , i 126.00 Â¥ \ \ f AT.\C , // - 4 JAMEYE> E KE-*EK. tle-RE.159 CERTI f-4 -TE-(Ar cri \ I --6 \ P - ./ H 8 , 23'42' W AUG,UNT 30, 1198 A SUKVEft WAD YERFORMED \ S / I . t. i./. UNDEA 11'f OIRED-TION /44[) DOFERVIDION OF \ (24 1 36:9 -- *1 1 1, 1 2 1 -THES EXCE,F'TED LOT 5, DE.COND ,AMELHOEÂ·P r'LX~ \ I Â¥04. 0 0 %* OF THE CENTENIAL CorÂ·40;OM{NIUM 5012>OVISION 4444,0,./ P, N 9- S S AMID CONEÂ©MINIUM E.XI-Â· THE THFEE LEVEL OMUGGLE RUN 01â‚¬<r f 1 1 4 woop FRAME 15UILDINSD WERE FOUND -TO BE MOD/Z.f- HOME /34 Rk / ~ C/#24 41 1 \ W 23(1220/W.9/ON ' g e \- ... < LOCATED ENTIKELH WITM[N THE DOUNDA!91 LINES I \ OF- THE /430,/6 PEECTitaED FROFEKTH EACErr le \ As SHOWN AND NaTEP HE.IKECIV. THE LOC/KnON 39 . = OF: THE. FXUNPAR.9 LINE@ UTIUT[55, BOILD!/66 00 7 AND IMPROVEMENTS }bl EVI PENCE OK KNOWN 4?V ~4... ~ TO ME ARE A(332/AIELi SHOWN HER:~014 Â· 4 1 \ \ /.7./Arlt \ -4... f \\ ALFLNE â‚¬URVE'fe, INC. J/4185'Z''RESER. Â£58 85' FENCE PLOTTED / ACCOADJAG TO UCENJOE DEFTEMBER 24 !185 ,Â· L.9.11 84 N 9912'(7 W /-/ 406 - / 4 - AGREEMENT ]N 44 462\\\ #.4 3- C - 3002 600 Ar PAGE 406. , , -- 0-rpl ~-~ 5/// / , 50' 1 85. 1 + h/ NOTICE: According to Colorado law you must commence any legal action RIOTE â„¢0 &7 -a i.suati ~*59* *mal *-wh**70 4=* Alpine Surveys, ING. based upon any defect in thls survey within six yeals atter you first discove, Surveyed 0Â·30Â·85 5.hi. Revisions 12Â·0*.90 OFIDArm- Title IMPREVEMENT SURVEd Job No 82 - [46-6 -2 t,Â©N. Drafted 9 -10 -86 OR. 12,10Â·16 FDA[)% f343%<1{4* SLOPE LOT 5 Client 'FNKOWN such defect. In noevent mayanyactionbaseduponanydefect,nthissurvey be commenced more than ten years from the date of the certitication shown Â© Alri,Wk &,flti"S. Arc. 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