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Home My WebLink Aboutcoa.lu.gm.BrassBedLodge926 E Durant Ave.A100-96 CASE STATUS SHEET Case No. Al60 - 9 (p Representative's Name: ~ "b T" 1:1; f>o (" Representative's Phone: '12.5"" - 3'3 t!33 Fax: DATE ACTION OR ACTIVITY II{~~ (~-~j;=~)~ t'~' fp::=-:~~ ;~d: !" ol.:.........l ~ S:-4-<."~. c. '" ~,,1'l , '. . . _ ....:.' _ J '1u.. IZ.MJ ,g, I ~r/.,.l.-/U/_ _ c~..J.r. *">- ...f '" J... A. n 1.".-:. .n. J ../J . '-J ~1J . f , I? .J " b~. . /. ~ .w ./ ~ JC"> A.-. ., . -~-j .,rD. .'/'.J. . .> l'tI~cct _~~4.b~Jk:-?- <1U. t .i)"U,.:r S\ ^I'I'lIcant ~ Rc}"cscntaltvc ..,;.~" 1.("~,, _, ....-..-- lie ~,. ("'? "'- RCl're~cntalive s Phune "itS -"''117 Owner'sNRmc S.....SI p.~.,. \. i. ~:~ ~ C-I _ (2", h ,,, b,,. , . ). ( TYI'e or .^pplicalilln _;s>~"..(:.t.:J.._,,-)-;,LC~-"-,,- v-,. 'j~,....I~", .{.- AI-J ('..It. A, C ~~~ Dcscripltun ur thc I'ro.lcclldcvc!ol"flcnllicrng rcqllcsred ei<t2~<>.. 'T'''o)</~''f 1\._' L."'-ts f,G p.J~ r>ll>d~ II~ C}:,'c_."j....A(\,~ . 'v'v'l. 1-"1' ,'>:I \j...l S. ~ ,-., "'-..,1" ....... City or Aspen Pre-Application Conrercncc Summary b()J~J"L,;. I'lall er Ynh1 Date Cj 2<; - $ SS3 The' al'I'licant has hccn rCII"c,stcd III rcspond to thc fullowing itcms and provide the rulluwing r~I)Ort~: Lnnd Use Code St'(lh", CllnnncI.ls U,."tt,O~() 1.-~ IOV.O~l) 1<..iooo<o Or~ 'l.Cl \<,,, J IrA "', [\~..~ c.' I __ l"'\(JS (.\I(,,!,'K-v.{ C; t'\ '\.S <?"y" 1--1'1' \.0- C~(J , ~. v...,. - >, -.' J. L.,.J.t p.,~A - c..o~-v'(',\.. ?v..rl...:.....~)l,.f1-h"(!..-,-"lI '-, /IUD I The review is: (I'&Z only) (Ce onl~) (I'&Z and CC) ~---. . PnIJlic IIcaring: ((ycs)) (110) '-:..../ "qrllsit for the ^pplicatiull Rcview: 105'0 Hclcrll1l ;lgcnl'Y flat ,...cs: 170 'IUI'AJ,"I~I'OSIT I z.z.o (Additiunal houl,~ arc lillie-fit a raie oF$l6J/hr.) / Iterennl Agellcles (,Iv]! ,) 20':' , ~~"'""tJ [ ^ J, \A-J' IL~ ~y~1-: '. I,J ..J...-I..o{ "LJ (,I'c,. 'I'll ^1'1,ly 5111,,"11 Ihe 1'011111\'11111 1111'111'1I11I111111: ct: :I. -t. v' 5. 6.V 7. ,/ 8.Y" 9. 10. ~:~'~l~t;'~l.~~'~~~::~::)~'n: ,." . -' ........ / "---- Al'l'lic;ml's n;lIl1c. :nldlcs~ a':11 telcphone nllmllcr in ;{kllcr signctl ~ thc Olpplical' which "IsI' shllcs the rmml'. Htldress <11111 tcll-phonc nllmhcr ur IIC leplcscn allvc. TOh~ ,Icposit f"r revicw "f the "pplic,,[jon $J'Z-'ZoC>_. ~. CI'pit.S of Ihe C{'mpkle "pplicntillll p"ekcl 11I111 nmps. SImliimry Il-ttcr explaininr. Ihl' lellncst (!'Xis.ing conditions ami plOposcd tI~es), incllltlinl ~Ircct atllht.ss ;lIltl k!!al .lcsCl iption of the plOpCI Iy. ^n 8 Iii" IIy II" vicinity nmp locating Ihc palcel wilhin thc Cily of Aspcn. Sill' "Ian ~hall includc pHlpe'ty h,lIlllllarics, lol siT.e, pro"uscd acccss, ami physinl fealures (thainagcways. slre;lIm, rivcrs, ctc.) Thcse Hcms nccdlo he submillcd if circlcd: G/ ( It ,. c. d. Ust of adjOlccnl plOpcrty ownCls within .lOll rcclor Ihc sulljccl propcrly with addrcsscs, Sitc photos. Proof or Icgal acccss 10 Ihc parccl. llistoricl'rcservatiun Commission Icview/approval. j(tLM V,.r' ~ ~ueo THE CITY OF ASPEN FROM THE DEsK OF MARY LYNNE LACKNER I <-if NJ.M - ,ib//J1 ,rOOM<7 ,.;;;~ .3 ~(tJyU4 C fJ"ctC.:f It?~ lM..P.(O/ 411, --.--- -- _ -.J'/LO {/</ S/o"r:f (' ;~ ~ (j yo ,? - GowN} rt.f;U~ /vUM u.-~h lArds /.f, ') 'sOA - q.d t!l~ () 6 o~cL () 1 , C-tI'IH-IC<. ;2 G" 100. 0 <; 0 , 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 v 1;.131 'J c ~(! (I t?t'1 /ZOh r Sf(;e/ CUI""f l5'O ;2',^-"1:1 In SdrlJluCR /.o-Io~f srii' I(a" "'I /:1 S,tJ?t-c.u ?f S;?<,c:.I'rcu rc;-vO' f -/" /~tlvce .s/,~-<'JL /'(tVl/t,~~1- I6r I'tHUMI. /I" iN;!; OJA I&d 7OM.s <( oC/v<: {;-,'4./o-, .{&r r-(, vr:"../ dFl1w/~J . fe!( s d~o- g off /1J2J?d s -to i('vreA-J (J. SjJ"-'<<:' ,.1'01. TIC -f II S/,N:< II",., . - oJ:. 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') - Co l 11\ 0;'\1\ 5 F-eb (8 orfltJrcl1t( .- "'. ~1IL A ,-, MEMORANDUM TO: Planning and Zoning Commission Stan Clauson, Community Development Direc~ Julie Ann Woods, Deputy Director ~ February 12, 1997 f' THRU: FROM: DATE: RE: Brass Bed Lodge--Small Lodge GMQS Exemption for Change In Use and Special Review for Employee Parking SUMMARY: The applicant is requesting a GMQS exemption for a change in use and Special Review for parking to change the use of the existing Brass Bed Lodge from 29 lodge units to six (6) residential uses and associated employee housing, thus removing the LP Overlay. APPLICANT: Silverstream LLP, c/o Swift Property Fund, Inc. represented by Tom Stevens. LOCATION: The property is located at 926 E. Durant Ave. ZONING: The property was recently rezoned to RlMF by the City Council as part of the Lodge Preservation Rezonings on February 10. 1997 (Ord. No.2, Series of 1997). It was previously zoned LP Lodge Preservation. EXISTING LAND USE: A vacant existing lodge (12,558 s.f. FAR.) with associated parking. Proposed additional F .A.R. is 480 s.f., bringing the total proposed F .A.R. to 13.038 s.f. LOT SIZE: 13,800 s.f. REVIEW PROCESS: The GMQS exemption for change in use for small lodges process is a one-step process before the Planning and Zoning Commission. The Special Review requires a hearing before the Planning and Zoning Commission and may be consolidated with any other development application. BACKGROUND: The Brass Bed Lodge originally consisted of20 lodge units with I employee unit. In 1988 approvals were granted to allow the expansion of the lodge to 29 lodge units with a requirement to house 3 employees. The project was started, but never completed. The applicant proposes that the change in use to six residential units does not require employee mitigation as no employee generation is specified, and they are I'" "'" ...."'" therefore exempt from GMQS. The applicant does propose to provide a studio unit for one employee as part of this application. On January 23, 1997, the applicant was before the Board of Adjustment requesting approval from building setback requirements in order to construct a carport for 12 vehicles along the rear portion of the property. That request was approved by the BOA. DISCUSSION: GMQS Exemption for a Change in Use/Lodge Expansion. Ordinance No. 29, Series of 1996 (Section 26.100.050 C. 2. a.) allows any existing structure previously zoned LP which is changing to either commercial/office or residential use. . .to be exempt from growth management competition and scoring procedures, provided that the following conditions are met: 1) The Planning and Zoning Commission determines in a public hearing that employee housing or cash-in-lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an analysis and credit for existing employee housing and the incremental impact between the existing use and the proposed conversion; The proposed change in use from the existing 29 room lodge to 6 residential units represents a significant reduction in the requirement for employee housing. There is no established formula for the generation of employees for conversion to residential units. Staff believes that the applicant is exempt from the required mitigation. However, in recognition ofthe current community demand for employee housing, the applicant initially proposed to house three employees in a dormitory room. This was the same number of employees required within the 1988 approvals for the 29 room lodge. During the course of reviewing this proposal, the Zoning Officer determined that the three-bedroom dormitory, in addition to the six two-bedroom free market units would exceed the required lot area per dwelling unit by 2430 s.f. Staff therefore recommends, and the applicant agrees, to provide a deed restricted studio unit (approximately 738 s.f.) rather than the three-bedroom dormitory in order to meet the lot area per dwelling unit requirement. Though the Housing Office recognizes that the applicant is not required to provide affordable housing through this change in use application. it does recommend that the proposed deed restricted unit be a Category 1 or 2, fully deed restricted unit, and that if approved. a deed restriction be recorded prior to any building permit approval (see attached referral, Exhibit A). 2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be providedfor the change in use or expansion or cash-in-lieu will be used; The applicant proposes to provide 12 parking spaces on site, two for each of the six free- market units. An associated employee studio unit requires one additional parking space 2 ".-- ,....."'- .....-If#" .......-,.1 under Section 26.58.040.F.8 Residential Design Standards. Staff believes that a voluntary deed-restricted housing unit parking requirement can be determined through the Special Review provisions of Chapter 26.64. Because the project is located on the perimeter of the downtown core, it will be within walking distance of most retail and service facilities. Staff feels that sufficient parking will be provided for this change in use, and since this is a volunteer affordable unit, no other parking should be required. 3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; The surrounding neighborhood is composed of multi-family residential and lodge uses. The proposed six unit multi-family development with associated employee unit will be compatible with the character of the existing neighborhood. 4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; All required public facilities are located within E. Durant Ave. or the alley. Services for the lodge have been in place for several years. The change in use will place less demand on services then the existing 29 unit lodge. The Aspen Consolidated Sanitation District has indicated that there may be impact fees allocated to this project for the improvements in the Galena Street line. The cost of downstream improvements is allocated to upstream users on a prorated basis. The applicant has been advised to contact the district regarding this and other rules (see attached referral, Exhibit B). The Engineering Dept. has indicated that the "The existing infrastructure is sub-standard and cannot adequately convey storm runoff." Engineering recommends that the applicant be required to meet the runoff design standards of Section 26.88.040 C. 4. f. and that the building permit application include a drainage mitigation plan and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan (see attached referral, Exhibit C). ,,,, .k'~ In addition, all utility meters and new utility pedestals must be installed on the applicant's ~~ property and not in the public right-of-way. For pedestals, easements must be provided. W' The building permit drawings must indicate all utility meter locations, Meter locations VJr must be accessible for reading and may not be obstructed by trash storage. The applicant Y\o~ is advised that it is prohibited to plow snow from private property into the alley or street. ~.'(~f~, 5) No zone change is required. The underlying zoning is RlMF, with an LP overlay as a result of Ordinance No.2, Series of 1997. This proposed change in use application will not require a zoning change, but upon approval, would result in the LP overlay being removed from the property. 3 - ~ .....,; 6) The proposal is consistent with the Aspen Area Community Plan. One element of the AACP is to provide incentives for small lodges. Since the adoption of the plan, the City Council has adopted Ord. 29, Series of 1996 which addresses the concern of making the lodges economically viable. The Brass Bed was awarded six residential allotments through the smail lodge lottery, and is now making application for the change in use to secure this allotment. Additionally, the AACP encourages the provision of deed restricted affordable housing when none is required, which is proposed under this application. The location of this development lends itself to limiting use of personal vehicles and encourages use of mass transit and walking to downtown. Another policy of the AACP is to "maintain design quality and compatibility with the historic features of the community". In conjunction with this application for a change in use, the applicant is proposing architectural revisions which, with some minor modifications, meet the Ord. 30 residential standards. Staff believes that this proposal is consistent with the policies ofthe AACP. Special Review for Employee Housing Parking. As mentioned above, staff believes that a voluntary deed-restricted housing unit parking requirement can be determined through the Special Review provisions of Chapter 26.64. Due to the proximity of this project to the downtown core, within walking distance of most facilities, staff feels that an additional on-site space is not necessary and that sufficient parking will be provided for this change in use. OTHER ISSUES: The Environmental Health Dept. recommends that a condition of approval be the receipt and approval of a fireplace/woodstove application by that dept. before approval be given for a building permit (see attached referral, Exhibit D). The Parks Dept. has identified a 10" Cottonwood on the property that should be accommodated. They recommend that the planned sidewalk either curve around the tree or be moved further east or west. Any sidewalks should meet code and be at least 5' wide. Any sections of curb and gutter that are in disrepair must be replaced prior to issuance of a certificate of occupancy. In addition, the Dept. is recommending that the cottonwood trees proposed to be planted in the right-of-way be reduced from 9 trees to six trees, approximately 20-25' apart. This should be revised on the landscape plan (see attached referral, Exhibit E). The Engineering Dept. has indicated that the applicant has not provided an adequate site improvement survey. The applicant has indicated that they intend to subsequently file for condominiumization upon approval of this change in use application. The applicant has been advised that an appropriate site improvement survey (per Section 26.52.030.B.5) be submitted as part of this application. The Engineering Dept. also recommends that the applicant be required to join any improvement districts that are formed for the purpose of constructing improvements in 4 .'""", .,....,., " -" adjacent public rights-of-way. The applicant is also advised that they must receive approval from the Engineering Dept. for design of improvements, including landscaping, within public rights-of-way, parks dept. for vegetation species, and streets dept. for street and alley cuts, and shall obtain permits for any other work or development from the city community development dept. RECOMMENDATION: Staff recommends approval of the GMQS Exemption for a Change in Use for the Brass Bed Lodge, 926 E. Durant Ave., subject to the following conditions: I. That the applicant provide a deed restricted studio unit (approximately 738 s.f.) rather than the three-bedroom dormitory as originally proposed; ~ ----'::dJ 2. That the proposed deed restricted unit be a Gat8~QJ!)' IIH 1, fully deed restricted unit, fr~:: r and that if approved, a deed restriction be recorded prior to any building permit _"k,. ,_ <., approval; " - ~ v 3. That any impact fees allocated to this project for the improvements in the Galena 'Y'. 1 ~r 2- ~Iine be paid in accordance with the Districts rules; rec>o /'" p'~' -(-" ~I<.. _:> . :::,,:',-0<.r 4. That the applicant be required to meet the runoff design standards of Section " I v~ 26.88.040 C. 4. f. and that the building permit application include a drainage mitigation plan and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan; 5. That any utility pedestals be placed in easements or have easements provided on the site improvement survey. 6. That the building permit drawings indicate all utility meter locations, and that such meter locations be accessible for reading and not be obstructed by trash storage; 7. That the Environmental Health Dept. receive and approve a fireplace/woodstove application before approval be given for a building permit; 8. That the 10" Cottonwood located on the property be accommodated and that the planned sidewalk either curve around the tree or be moved further east or west and that any sidewalks be at least 5' wide; 9. That any sections of curb and gutter that are in disrepair be replaced prior to issuance of a certificate of occupancy; I O. That the cottonwood trees proposed to be planted in the right-of-way be reduced from 9 trees to six trees, approximately 20-25' apart and that the landscape plan be revised accordingly; II. That the applicant provide an adequate site improvement survey per Section 26.52.030.B.5. This should be submitted prior to the issuance of any building permits; and 12. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of-way. PROPOSED MOTION: "1 move to approve the GMQS exemption for a change in use and Special Review to eliminate one on-site employee parking space for the Brass Bed, 926 E. Durant Ave., subject to the conditions outlined in the Community Development Dept. memo dated February 12, 19n;' wi)"" ,).......,....,,~) 0--, ;---.+"/ c.+ f'(V-C}-, }- ,..-t,i)",-", t" c...., ., ..V' 'j ".,-- .~ .' ' "j /,).....- C{J.-~-t.\ 5 --- ""'" Attachments: Exhibit A--Housing Office referral Exhibit B-- Sanitation District referral Exhibit C--Engineering Dept. referral Exhibit D--Environmental Health referral Exhibit E--Parks Dept. referral Exhibit F--Change in Use application Exhibit G--Site Plan and elevations 6 JRN 27 '97 10: 10AM ASPEN HOUSING ore P.l ,-.""''''\ ~ S:><-H\B\T A . 't."",,_" MEMORANDUM TO: Julie Anne Woods, Community Development Department FROM: Cindy Christensen, Housing Office DATE: RE: January 27,1997 Brass Bed Lodge-Small Change in Use, Special Review for Parking, AH, GMQS Exemption, Text/Map Amendment Parcel 10 No, 2737-182-37-005 lIIWi: The appDcant is proposing to convert a 29 room lodge, with a requirement 10 house three employees, into six residential unila, with a three-bedroom donn room. BACKGROUND: The lodge originally received approval for the development of 29 unlls, Including 4 kitchens and 3 employee unilll. The property has been uninhabited and has not been i'I operation since 1968. The applicant is propolling a Change in Use to c:on5tr\lct six residential unil5, with an al'fo!dable housing unit. The application does net slalB the size of the affordable housing un~. but it meas1Jl'e!j to be approlCimataly 792 square feet. A better use mlght be to convert the affordable housing unit into a Category 1 or 2 one- or two-bedroom unit. RECOMMENDA110N: Although the applicant is nat required 10 prcvlde affordable housing. the following list shews the Housing Board's preference In type of unit: 1. entry level sales units (studios and 1 bedrooms, CategQl'ies 1 and 2); 2. rental unilB (CategQl'ies 1 , 2 and lower priced Category 3); 3. family-orienled salas units (Categories 3 and 4); and 4. an ather unit types e", of sec:ondary preference. The following table shows the minimum net livable square footage for each unit typa and income category: Unit Type Studio l-Bedroom 2-Bedrocm 3-Bedroom Cateaories 1 & 2 C&t8COriM 3 & 4 400 sq. ft. eoo sq, It B50 sq. II. 1,000 sq. ft. 500 sq. ft. 700 sq. It 950 sq. It 1,200 sq. It ,/ Therefore, should the Planning & ZOning Commission recommend a one- QI' two-bedroom lBlit, the Housing Beard Wlluld like to see a Calegory 1 or 2, fully deed restrided unll. Should this un" be approved. a deed rutriclion needs to be recorded prior to any buUding permit approval. wfGrml'lbr.1lObd.191 6'>lI-\Ie>(\ B 71speCJonsofidaled danilalion z--"ricl 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 Sy Kelly. Chairman Albert Bishop. Treas. Louis Popish . Secy. FAX #(970) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. January 29, 1997 Julie Anne Woods Community Development 130 S, Galena Aspen, CO S1611 Re: Brass Bed Lodge change in use Dear Julie: The Aspen Consolidated Sanitation sufficient line and treatment capacity new six inch service line was installed that started, on si te, at that time. District currently has to serve this project. A in 19S9 for the project j There may be impact fees allocated to t~e improvements that we need to make in the Galena cost of downstream improvements is al located to on a prorated basis. project for the street line. The up stream users Service is contingent upon compliance with the District's Rules, Regulations, and Specifications which are on file at the District office. Total connection charges can be estimated once detailed plans are available and a service permit is taken out through our office. Sincerely, .~~ "--....-:tJ....JO Bruce Matherly District Manager EPA Awards of Excellence 1976.1986. 1990 Regional and National ",....... 8l'-HleH' c.... " MEMORANDUM To: Julie Anne Woods, Planner Thru: Nick Adeh, City Engin~ Chuck Roth, Project Engineer (!12-. From: Date: February 6, 1997 Re: Brass Bed Lodge-Small Lodge Change in Use, Special Review for Parking AH, GMQS Exemption, and Text/Map Amendment (parcel ID No. 2737-182-37-005) After reviewing the above referenced application, I am reporting the combined comments made by the members of the DRC: I. Sidewalk. Curb & Gutter - The site plan indicates an acceptable design of sidewalk. Any sections of the curb and gutter that are in disrepair must be replaced prior to issuance of a certificate of occupancy. Note that there continues to be on-going problems in the City of property owners not performing snow removal from sidewalks as required by City Ordinance. This responsibility still remains as the property owners' obligation for removing snow from sidewalks. 2. Parking - The project site is located in an area of the city where on-street parking is heavily used. We recommend that the site layout be revised to provide more parking spaces that will meet City Code requirements. 3. Trash & Utilities - All utility meters and any new utility pedestals must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. The applicant must contact the City electric superintendent, Bill Earley, at 920-5148, in order to determine a usable transformer location. An easement must be provided for the transformer. 4. Site Drainage - The existing infrastructure system is sub-standard and cannot adequately convey storm runoff. We recommend that the site development approvals include the requirement I " !;q.-l'6l,G tc0.....t,k) of meeting runoff design standards of Sec. 26.88.040.C.4.f and that the building permit application include a drainage mitigation plan and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. 5. Snow Storage - Note that snow disposal has been a problem at the site. Snow has accumulated in front of the parked cars with the result that the cars gradually encroach into the alley public right- of-way. Also, the applicant is advised that it is prohibited by City ordinance to plow snow from private property into the alley or onto a street. The snow removed from the sidewalk will be place in the buffer space between the sidewalk and the curb, therefore appropriate treatment and planting must be installed in that space to permit snow storage. Note that Alpine Bank this past fall install heated parking spaces at the rear of the bank with a perimeter drain and a drywell in order to improve the usability of their spaces. 6. Site Improvement Survey - The application is incomplete. The Land Use Code, Section 26.52.030.B.5, requires a "site improvement survey." Any survey that is submitted must have that title in order to include the information required by state and local statute. The site improvement survey must make reference to a current title policy, which is also required at Sec. 26.52.030.B.3. It is critical to the site development planning process to have easements identified. A current and complete "site improvement survey" must be submitted prior to proceeding. Without an accurate site improvement survey, we cannot verify the validity of proposed improvements. v 7. Improvement Districts - The applicant should be required to agree to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of- way. 8. Work in the Public Right-of-wlQ' - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species, and streets department (920-5130) for street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the city conununity development department. M97.24 2 .,4"",'., " 8~H-18,.r 1) ",,"," " MEMORANDUM To: Julie .Anne W?ods, Community Development Dept, From: Betsey Kipp, Environmental Health Department' ~IJ-,' Date: January 27, i997 Re: Brass Bed Lodge, 'Small Lodge Change in Use . Parcel ID 112737-182-37-005 ----------------------------------------------- ----------------------------------------------- Th~ Aspen/Pitkin Environmental 'HealthDepartment has reviewed the 'land use submittal 'under authority of the Municipal Code of ,the City of Aspen, and has, the following comments. SEWAGE TREATMENT AND COLLECTION: Section ll'~l. 7 ."It ,hall be ='awfu' for the owner or occupant of any-building used for residence or business purpose~ within the city to construct or reConstruct an on~site sewage disposal q.evice." The original plans' to provide wastewater disposal for this project through. the central collection iiries of the -Aspen Consolidated. Sanitation, District (ACSD) meet ,the requirements of this department. The ability of the Aspen .Consolidated' Sanitation District to handle the flow for the' project should, be determined by the ACSD. . . There is no c.oIidition of approval... ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildin"". structures, facilities', parks, or the like within the city limits which use water sh~llbe connected - to the munic'ipal water uti,lity system." . ,The provision of potable water from the City of' Asp'en . system is consistent with Envirorunenta1 Health policies ensuring the supply of safe water. There is no condition of approval. 1 -.. ....' .e: )( Hie rfj) (c"""r . .' .. AIR. QUALITY: Sections 11-2.1. "It is the p~rpo$e of rt~e air quality' se,ction 'of the . MunicipQ.l Code] to. achieve the maximum practical degree of air' purity possible by requiring the use of all available practical methods and techniques tq control, prevent and reduce air pOllution throughout the city...~. The Land Use Regulations seek to "lessen' congestion" and "avoid transportation demands that cannot be met" as well as to "provide cle1:ln air by protecting the natural.air sheds and reducing pollutants". The major concern of our department is the impact of increasing traffic in a non-attainment 'area designated by the EPA.Under the requirements of the State Implementation Pl<J,n for the Aspen area, PM-IO (which comes almost all from traffic driving on paved roads) must ,.be' reduced' by 25% by" 1997. In drder. to achieve that' reduction, traf'fic increases that ordinari'ly would occur as a result of deveiopmentmust be mitigated. Changing the use. of the B:r-ass . Bed from a 29-unitlodge to 6 free market. units of 2 bedro6ms' each does represent a substantial :r-eduction in the number of average daily trips, Using the . Institute of Transportation ,Engineers Trip Generation Report, the trip generation rates are almost the same for a small lodge as for a single family dwelling. The net reduction in average daily trips will' be approximately 200' trips/day. ,Retaining the proposed housing for 3 employees should also reduce traffic coming into the non-attainment 'area. There is no condi,tion of approval. FIREPLACE/WOODSTOVE . pERMITS The ,applicant must file ,'. a fireplace/woodstove permit with the Environmental Health. Department before the building permit will be issued since the pli:l.ns indicate the use of fireplace devices. ,In metropolitan areas of pitkin County (which includes this site), a building. is allowed to have two gas log fireplaces or two certifi.;=d woodstoves (or 1 of each) and unlimited numbers of', decorative gas fireplace ,appliances. New homes 'may NOT have wood burning fi~eplaces', nor may any heating device use coal as fuel. / A condition.of approval is the receipt and approval of the fireplace/woodstoye application by the Environmental Health Department before approval can be given for the building permit. 2 ...;.,.... fr--14161"- C- "'~.... Memorandum Date: February 3, 1997 To: Julie Anne Woods, Planner From: Rebecca Schickling, Parks Department Subject: Brass Bed Lodge-Small Lodge Change in Use, Special Review for Parking AH GMQS Exemption, Text/Map Amendment ParcellD No. 2737-182-37-005 After review of the application, the Parks Department has the following comments: I. There is a 10 inch cottonwood in the front southeast comer of the lot that is not shown on the site plan. It may be in the way of the planned sidewalk. The sidewalk should be adjusted to accommodate the tree. The sidewalk leading up to the units could either curve around the tree or the walk be moved either east or west and then bend back towards the entry to the unit. 2. The landscape plan shows 9 trees planted in the right-of-way (ROW). The number of lanceleaf cottonwoods should be reduced to no more than 6 trees, with only one tree per the smaller ROW areas on the east and west of the property and the number of trees in the middle section should be reduced to four trees instead of fiv~ and spread approximately 20-25 feet apart (total of 6 trees maximum). 3. Any sidewalks planned should meet code and should be at least 5 feet wide. j!j DATE RECEIVED: DATE COMPLETE: PARCEL ill # Ci" 'ILOAD SUMMARY SHEET. CITY' F ASPEN -... -" 12/23/96 1/21/97 2737-182-37-005 CASE # A 100-97- "'J (, STAFF: Julie Anne Wood~ 1 , / PROJECT NAME: Brass Bed Lodge-Small Lodge Change in Use, Special Review for Parking AH, GMQS Exemption, Text/Map Amendment Project Address: 926 E. Durant STreet APPUCANT: Silverstream UP (c/o Swift Property Fund, Inc.) AddresslPhone: 307 South Mill Street Aspen, CO 81611925-3883 REPRESENTATIVE: Tom Stevens, The Stevens Group AddresslPhone: 312 E AABC Aspen, CO 81611 925-6717 fax: 925-6707 RESPONSIBLE PARTY: Other Other Namel Address: Not Submitted FEES DUE PLANNlNG ENGINEER HOUSING ENV HEALTH CLERK TOTAL $ttobO . $150, $'G. $0 $ $l)'~O' FEES RECEIVED PLANNING $BSO . ENGINEER $/oS. HOUSING $ Ic5 . ENV HEALTH $ CLERK $ TOTALRCVD $/050 # APPS RECEIVED # PLATS RECEIVED GIS DISK RECEIVED: TYPE OF APPLICA nON One Step P&Z i CC , CC (2nd readin ) CNo/lce..: reVISed. REFERRALS: o City Attorney III City Engineer [8l Zoning g] Housing t6J Environmental Health Qg Parks DATE REFERRED: -4n sde f'lqn ""d' ell 'J'5 DYes DNo DYes DNo DYes DNo _ere rqr/:'/",'j S/,cu:e. / ,j u;;11 he -fb/!/.<.'qrVf<'tX. 6""e O!J Aspen Fire Marshal ~ City Water ~ City Electric o Clean Air Board o Open Space Board o Other: o CDOT 1),(1 ACSD o Holy Cross Electric o Rocky Mtn Natural Gas o Aspen School District o Other: INITIALS: , DATE DUE: 4iL ., -. APPROVAL: OrdinancelResolution # Staff Approval Plat Recorded: Date: Date: Book , Page CLOSEDIFILED ROUTE TO: DATE: INITIALS: PHONE No. : 9709253883 Ma~.30 1997 4:25PM P01 From : SWIFT PROPERTY FUND. INC. , ' '. .. ... ~~!c~huram fJoomfwnui t"/" SWIFT PROI.t:R1Y PUNa, INC. ~07 ~jO\lTH MILl ^:; I' EN r: () lOll A 1).0 81611 'IIO./92t.-3883 . FAX.970/9?64261 ,t/;A4 / rl, 7 ~Jt!1:/ JI, I,j' . . . . , ! ....JII.O 1~. a ,N:.....1:..J /:e,.,/-....:{. PAX rifpolUlATIOR 0.\'1111 ~ft? y!! ~," - ::=4...;,A'A/.-J - :'~ ' , 4~dY .' aVkt7#~r TID: "JUCBD '1'0: - . TOlxe .\If 0 COImr,:rs:'. . ,: &~~H.H 4;'AL i/ffQI/OPp,J' "'j,"".- '".:\ lIUHBBB PADD '1'0 t O-'J-t.;:Jf.' , '..c:<. PAGES FAXED Unclud1ng-, this ~geJ; " -. -, , . '".'. ." -'. "I" ,'. I " . " " " . , . '. .. .', . " . , ,_.....'".'>>,~~,_._."c"~,.._".,,.,_~._....... .u-."_____.' ..-' '- '- , , ~ ~~! I .. ! ~ ~ I i~ ~ I fi~~O(j' s .! )1 s Ill' 'tl iii ~ if s ti; 'tl~i go ~~If~~: i ~ ~~ ,~ --'tl~ tits .!I f;' )J ~i6~!~~ 1- ~ ] j !~ ! . bJ:f~ ~ i ~. ~.1lI I ,~ ~ IJ I Md!fi!j ~ I J ! j~ I j l'1 'rJ.fI~'I~a I ~ . rrlg I i I , ~ 8 ~1. ~"~ 61 I I 11 .. B. 'I . J:j , i:l i tI ~ I m I~' Ill' l1i ~ . ~ d~~ ~'f~(j ~j f q ~ . ,~ A..rl~ l~cl~'~J1J H dB . dh g i ~ ~ ~ ~ ~ . . ~ l'l .., cBd Wd9C:V L66. BE"new E88ESG6BL6 : "ON 3'OHd "JNI 'aNllj Al~&l UIMS : wOJ.j - '\0",; " , "' MEMO To: From: Subject: Date: Julie Anne Woods, Planner Ed Van Walraven, Fire Marshal Brass Bed Parcel ID #2737-182-005 January 28, 1997 Julie, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited the installation of approved fire sprinkler and fire alarm systems. Please call me if you have any queations. " - ", "'~." . , MEMORANDUM TO: Julie Ann Woods FROM: Sara Thomas, Zoning Officer RE: 926 E. Durant, The Brass Bed Lodge - Small Lodge Change in Use, Special Review for Parking, GMQS Exemption DATE: January 30, 1997 ---------------------------------------------------------------- ---------------------------------------------------------------- 926 East Durant Street, a 13,800 square foot lot, is located in the R-MF zone district which has the following dimensional requirements: Front Yard - 10 Feet Side Yard - 5 Feet Rear Yard - 10 Feet Height 25 Feet Open Space - 35% (4830 square feet) FAR - 1:1 (13,800 s.f. of floor area) Parking Requirements - 2/dwelling unit or I space/bedroom if the unit is a studio or I bedroom Minimum Lot Area per Dwelling Unit - For multi-family dwellings on a lot of more than 9,000 square feet the following requirements apply: Studio - 1,000 I bdrm - 1,250 2 bdrm - 2,100 3 bdrm - 3,630 COMMENTS: The proposed structure appears to comply with the setback requirements, with the exception of a covered parking structure which is being reviewed by the Board of Adjustment at their January 30, 1997 meeting. ..-... --.. '",/ , . ~, The number of proposed bedrooms, 6-2 bedroom free market units and a 3 bedroom employee housing unit, exceeds the required lot area per dwelling unit by 2430 square feet. This issue will have to be resolved prior to the applicant submitting for a building permit. The existing structure appears to be nonconforming with regards to height. The existing structure was constructed prior to the change in the Land Use Code which changed the methodology used to determine height. The previous code measured height from natural grade. The current code measures height from natural or finished grade, whichever is lower. The existing structure, as measured by current code standards, has an approximate height of 28', making it a nonconforming structure. Section 26.1 04.030 of the Land Use Code states that "A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity." The proposed elevations indicate that the roof lines of the building will be extended, which would be prohibited based on the nonconforming nature of the structure. FAR and Open Space calculations will be verified when working drawings are submitted to the Building Department for building permit review. The drawings included in the application packet do not contain adequate detail for this level of review. r /2clk<- ; BI: IOf J 1 RE: DATE: ., ""'......., "- "J' ASPEN/PITKIN CO~TYDEVELOPMENTDEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM City Engineer Zoning Housing Director Environmental Health Parks Aspen Consolidated Sanitation District Aspen Fire Marshal City Water City Electric Julie Anne Woods, Plarmer Brass Bed Lodge-Small Lodge Change in Use, Special Review for Parking AH, GMQS Exemption, Text/Map Amendment Parcel ID No. 2737-182-37-005 January 21,1997 Attached for your review and comments is an application submitted by Silverstream LLP. Please return your comments to me no later than January 31, 1997. Thank you. ,~ ...'" 71spe';tGonsoJickzled C5anilalion :Dt!lricl 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925.3601 Sy Kelly. Chairman Albert Bishop. Treas. Louis Popish . Secy. FAX #(970) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. January 29. 1997 Julie Anne Woods Community Development 130 S. Galena Aspen, CO 81611 Re: Brass Bed Lodge change in use Dear Julie: The Aspen Consolidated Sanitation District currently has sufficient line and treatment capacity to serve this project. A new six inch service line was instal led in 1989 for the project that started. on site, at that time. There may be impact fees allocated to tfle improvements that we need to make in the Galena cost of downstream improvements is allocated to on a prorated basis. pro ject for the street I ine. The up stream users Service is contingent upon compliance with the District's Rules, Regulations, and Specifications which are on file at the District office. Total connection charges can be estimated once detailed plans are available and a service permit is taken out through our ot'fice. Sincerely, .~~ ~~-q)......JG Bruce 11atherly District Manager EPA Awards of Excellence 1976.1986.1990 Regional and National ."., " , PUBLIC NOTICE RE: BRASS BED LODGE - SMALL LODGE GMQS EXEMPTION FOR CHANGE IN USE AND SPECIAL REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 18, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Silverstream LLP, requesting GMQS Exemption for Change in Use and Special Review Approval for Parking to change the use of the Brass Bed Lodge from 29 lodge units to 6 residential uses and associated employee housing and remove the LP overlay. The property is located at 926 E. Durant Street, and is described as Lots P, Q, Rand S as well as 18 feet east of Lot S, Block 18, City and Townsite of Aspen. For further information, contact Julie Ann Wood at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5100. s/Sara Garton. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on February I, 1997 City of Aspen Account ,."." '. ,. ASPENIPITKIN .,.; COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 January 28, 1997 Rob Tobias Silverstream LLP clo Swift Property Fund, Inc. 307 South Mill Street Aspen, CO 81611 Re: Brass Bed Change in Use, Special Review for Parking, GMQS Exemption, T ext/Map Amendment Case A100-96 Dear Rob, The Community Development Department has completed its preliminary review of the captioned application. We have detennmed that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, February 18, 1997 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Julie Ann Wood, the planner assigned to your case, at 920- 5100. Sincerely, tJWkO~ Rhonda Harris Administrative Assistant ..-. ........ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT A~reement for Payment of City of Aspen Development Application Fees J?" '~h.. LLfJ CITY OF ASPEN (hereinafter CITY) and "-v72J/7oy.y-J (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for ~fS' &0 ,/pOor C/.j.,.p../?& /A.J C/S't ~4! (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 53 (Series of 1995) establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application,- APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval. unless current billings are paid in full prior to decision. i""" ,...... 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its. right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $/zz 0 which is for 1z.... hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN By: , if)....... . . Swr lauson- Community Development Director By: APPLICANT 40:::: ~z.-f7 , I Date: Mailing Address: % .5/.c~f4A ....ft? ..52 . ~ t( u~ .4,JAA/, Cd R/6// 2 "'...-..... '../ ~ ..,; ASPEN/PITKIN CO~TYDEVELOPMENTDEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineer Zoning Housing Director Environmental Health Parks Aspen Consolidated Sanitation District Aspen Fire Marshal City Water City Electric FROM: Julie Anne Woods, Planner RE: Brass Bed Lodge-Small Lodge Change in Use, Special Review for Parking AH, GMQS Exemption, TextlMap Amendment Parcel ID No. 2737-182-37-005 DATE: January 21,1997 Attached for your review and comments is an application submitted by Silverstream LLP. Please return your comments to me no later than January 31, 1997. Thank you. ( , , ! I January 13, 1997 Mary Lackner Aspen-Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Brass Bed Lodge - Change in Use Application Additional Information - Section 26.100.050 Dear Mary, Attached is the additional information you requested for the above referenced project. Should you need any clarification and/or additional information please contact me. Sincerely, ~~ attachment: Section 26.100.050 )12 E, Aspen Airport Business Center, Aspen, Colorado 81611 (llll) 925-6717 FAX, (303) 925~6707 c ,-;....... ";_-# Section 7: Section 26.100.050 Growth Management Exemption a. Change in Use/Lodge Expansion 1) The Planning and Zoning Commission determines in a public hearing that employee housing or cash-in-lieu will be provided to mitigate for additional employees generated by the change in use or expansion. This shall include an analysis and credit for existing employee housing and the incremental impact between the existing use and the proposed conversion; The proposed change in use from the existing 29 room lodge to 6 residential units represents a significant reduction in the requirement for employee housing. There is no established formula for the generation of employees for conversion to residential units, therefore the required mitigation is zero. However, in recognition of the current community demand for employee housing, the Applicant proposes to house 3 employees. This is the same number of employees required within the 1988 approvals for the 29 room lodge program. Therefore, this clearly represents additional housing being proposed over what is required. See Section II. C, of the application for greater detail. 2) The Planning and Zoning Commission determines in a public hearing that sufficient parking spaces will be provided for the change in use or expansion or cash-in- lieu will be used; The approvals granted in 1988 specified 11 parking spaces in conjunction with the 29 lodge/3 employee unit operation. As a result, these 11 spaces were constructed on the north side of the structure with access from the alley and exist today. The approvals and existing parking serve to grandfather the proposed change in use resulting in 11 spaces proposed within this application. Based on the program of 6 residential units and 1 dorm unit, this provides for 1.66 spaces per unit and 1 space provided for the dorm unit. Considering the location of this development relative to downtown Aspen, the retail services, skiing and mass transit, the proposed parking should be adequate. - v .."'..... '<" 3) The Planning and Zoning Commission determines in a public hearing that the change in use or expansion is compatible with the character of the existing neighborhood; The surrounding neighborhood is composed of multi-family residential and lodge uses. The proposed 6 unit multi-family development will be precisely compatible with existing surrounding uses in both scale and use. 4) The Planning and Zoning Commission determines in a public hearing that adequate public facilities exist or will be provided for the change in use of the existing neighborhood; All required public facilities are located within Durant Street or the alley. Services for the lodge have been in place for several years. As the Engineering Report (see Exhibit E) represents, the change in use will place less demand on services than the existing 29 unit lodge. 5) No zone change is required; The underlying zoning for the subject parcel is RMF with a LP overlay. This application does not require the underlying zoning to be changed. The proposed change in use meets all the dimensional requirements as specified in the City of Aspen Land Use Regulations for the RMF zone district. However, the Applicant requests that the LP overlay be removed if the actual placement of the overlay has occurred (there is some question as to whether this has been completed yet) 6) The proposal is consistent with the Aspen Area Community Plan. One of the key elements of the Community Vision as detailed in the Aspen Area Community Plan (AACP) is to provide incentivesfor small lodges. Since the time of the adoption of the AACP, the City has worked to develop incentives for small lodges which -- '-' culminated in the adoption of Ordinance 29 Series 1996. This Ordinance established the parameters for Change in Use and Lodge Expansion which were developed to provide small lodges alternatives for economic viability. The Brass Bed Lodge was awarded 6 residential allotments on November 5, 1996 and the ability to apply for Change in Use in compliance with Ordinance 29. Additional conformities to the AACP include the provision of deed restricted affordable housing when none is required. The location of the development lends itself to limiting use of personal vehicles and encouraging mass transit and walking to downtown (City Market is located only two blocks away). The existing structure, approved for development in 1988 was never completed and the stucco structure, which lacks architectural character, has been the source of neighborhood complaints for years. This change in use application has provided architectural revisions that maintain design quality and compatibility with the historic features of the community (AACP. page 7) through the use of wood and stone and more compatible architectural features. "'" ....... Silverstream LLP c/o Swift Property Fund, Inc. 307 South Mill Street Aspen, Colorado 81611 December 23, 1996 Mr. Stan Clausen, Director Aspen-Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Brass Bed Lodge - Small Lodge Change in Use, GMQS Exemption, Text! Map Amendment Dear Stan, I am pleased to submit this application for Small Lodge Change in Use pursuant to Ordinance 29, Series 1996 of the City of Aspen. This application requests approval of the change in use from 29 lodge units to 6 residential units. If you should have any questions, or require further clarification and/or additional information, please do not hesitate to contact my representatives. This letter shall serve as authorization for Tom Stevens, The Stevens Group, Inc., Gideon Kaufman, Kaufman & Peterson, P.C. and Augie Reno, Gibson Reno Architects to represent my interests as they pertain to the above referenced project. Thank you for your time and consideration. Sincerely, ~~ Rob Tobias, Managing Partner Silverstream LLP attachment: Change in Use application . . .. ... - . '. .... - - The Brass Bed - - Development Application for inclusion in the Small Lodge Conversion/Expansion Lottery .... - - - Submitted November 1, 1996 - - - - - - Submitted To: Aspen-Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 ,. Applicant: Silverstream LLP c/o Swift Property Fund, Inc. 307 South Mill Street Aspen, Colorado 81611 (970)925-3883 - - - - - ... "" Brass Bed Small Lodge ConversionlExpansion Application - Development Team .. .. Legal: Gideon Kaufman Kaufman & Peterson P.C. 315 East Hyman Avenue Aspen, Colorado 81611 (970)925-8166 (970)925-1090 Fax Land Planning: Thomas Stevens The Stevens Group, Inc. 312 E Aspen Airport Business Center Aspen, Colorado 81611 (970)925-6717 (970)925-6707 Fax . Architecture: Augie Reno Gibson Reno Architects 210 East Hyman Avenue Aspen, Colorado 81611 (970)925-5968 (970)925-5993 Fax .. ... - .. . .. ... - 1 - - - " ,;1,' WI Ill~ ""I ~1l;11 '<1\00,' - .. ,.. - ... . - - - - - .. - - - Minimum Submission Contents .. .. - - .. - , .j;; "l'roieei l1lamil ." .\': .' "'. ! ~ i ; . T. ctr' '. '''. _,': ~~ ,~oell:t1on; ,,'. :. ., I' . . . i' : ::: I .' : i ! :<I~addrc5S.lot &. block number,leia! . ~ opriate) . ::P.rcs! ort~,i ;' ,j~! I':MP (t,..P. _~Isu. i I~' .:, ,... ppQ1ANT I ~',': : <?1L-VSf!.~TF'aAM J....(.,p I ~hon .#.: ; . . . . I . ' - .A!dd%ess : I::": I': tJ ~vTH II,..L. : : ~ho 1'...: ;: .IT DOff I . I .. J' 'ddre~s . ' !':, I 2- A/\ f!!;>c.. ' 1--1' J.,;: : . ..:.: , I I " ; ~ of p~'icaJoJ (p~e check all tliat apply); !. I .w I "1" 4 '.' ! i 'oJ ,,~ntli~o' : J~' ~ ! 0 Conceptual PUD . ' ; '1 ' . ..0 : " : I .. d :cOJnd~inii1iI~olr' 0 ,Final PUD (&. PUD Am~t) :lD . I' '!' I I q I? si~ ~ 'cr. ~p~ 0' Conceptual SPA I . 'tJ .{] 'QtQS~~ I' . 0 FiDalSPA(&;SPAAJ1v'ntl~. '0' I . . '., I (] G Q~~ ,.mr~n-I' ,0 .spccialRcview ; I ;0 "~1;+I4iie~~jt~4 :0 Subdivision '1:0 01 ~ Sl'Ut.\ ::: "D Temporary Use ! m . ~' I .:IUJA ~'$04~ ~cb1ihe Stream 'r\;! Small Lodge Conversion! I 'I ., . I' ~ ' JQl , : I 'rrat~,. ~~~ ~lmiC Bluff. Expansion \. ..- i:i .itun~rr ,;l,e ~ l ' : . qe~ripqon bfEXis1ii1g!U~es (number and type of existing structures; appto~ tq ~ ~edroo ; *y P I vlQ~ a Provals granted to the property): : i : ,.1 ''6 I. 5~":;::! I i' AT LAND USE APPLICATION FO ,: I;! ~ ;' ; i , I i; . .. . ' ;'j : I'. , .' fceti , . ; ;' . . " :i ,.' " ';. ) -- , \ :,. ( '. C~ Hislorie Dcvt- , :j . .1 F~ . storie ncvclopme t ~i 'storie Dcvl : I' , wroii Deinol,ition . i: , ~kl~ Dcsigliation I r. - ~ 'ap Amendment , :1 . .~~\ : ~ ; . j' berof s - i .. . , ::! ::. " f' - ,: I I :1 ' SWIFT PROPERTY FUND,INC. '.~ 307 SOUTH MILL ASPEN COLORADO 81611 9 7 0 / 9 2 5 - 3 8 8 3 FAX 970/925-4261 .. October 14, 1996 ~ ~ .. This letter is submitted to fulfill the requirements in Attachment 2 of the Small Lodge ConversionlExpansion Application. 1. The applicant is: Silverstream LLP clo Swift Property Fund, Inc. 307 South Mill Aspen, Colorado 81611 970/925-3883 Robert 1. Tobias, as the managing parmer, is authorized to act on behalf of the applicant and may be reached at the address and telephone stated above. - 2. The street address of the lodge is 926 East Durant Street, Aspen, Colorado 81611. The legal description is attached herewith. . - 3. Attached herewith is a document from Land Title Guarantee Company fulfilling requirement #3. Also attached is a copy of Silverstream LLP's registration statement filed with the Secretary of State. .. - 4. Attached herewith is a vicinity map locating the subject Lodge. . .. SUBMITTED BY: .. '.. 4y~' .. Robert J. Tobias, Managing Parmer, Silverstream LLP .. .. .. ... ~- . COMMJ:TMENT . SCHEOOLE A (exntinued) Plat id No. 1-1 Order No. 404380 -C .. ~- ... 5. '!be land referred to in the Canni 'lnEnt is =vering the land in the State of Colorado, County of Pitkin, described as follows: 'M .. lDtS P, Q, R, BID 5, Blcx::k 118, THE CI'lY BID 'lG'INSlTE OF ASPEN, '. .. 'lu:;E'l'HER WITH a strip of 1and eighteen feet (18') in width with all points being parallel to BID lyiIYJ Fasterly of BID adjacent to lDt 5 in Blcx::k 118 in the City of Aspen b:luOOed en the I'brth by the extensien Fasterly of the Sootherly line of the alley nJI'lr1i1V throogh said Blcx::k 118 BID b:luOOed en the South by the Northerly line of D.Jrant Avenue, as vacated by Qrdinaroe No, 2 (Series of 1958) of the City Cot.u'cll of the City of Aspen 1~ded April 8, 1958, in Bc:ldt 183 at Page 397. - ... ,- .- ,,- - ~,.;t ~.mss gEt? /I'C4.L J}E.n;e/~1'7&0 ,~ .. .. - ~ .. .. ... - ,,. .. ... .. .. .. .. TIcx:R TITlE INSl.lRAl'rn cx:MPANY - ... "' / Mall to: Secretary or State CorporatioDS Section 1560 Broadway, Suite 100 Denver, CO 80101 (303) 894-1151 Fax (303) 894-1141 For office ~6 \;Jit' , , \) \996 ~PR i 9 PI\ 1\: \ 8 5}~~~lE\ t~'cgLO\\'ADU -. .. Pleue Inc:lude a typed ... selr-addressed envelope - .. MUST BE TYPED FILING FEE: $50,00 ~ SUBMIT nfil COPIES .. w REGISTRATION STATEMENT FOR REGISTRATION AS A REGISTERED LIMITED LIABILITY PARTNERSHIP OR A REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP '.. Pursuant to section 7-60-144, Colorado Revised Statutes, the undersigned partnership. has approved this registration ~ statement in the manner provided in its partnership agreement or, if not so provided, such statement has been approved by ... all of its general partners as follows: - The name of the partnership is SIT,VERSTREAM CO_ a Colorado feneral partnership. - If different, the name which it proposes to register and under which it proposes to transact business in Colo~do is - "IT .VERSTREAM 1.1 .P _ The jurisdiction of its formation (if other than Colorado) is N/A ... The street address of its principal office is 307 South Mill. Aspen. Colorado 81611. If the principal office of a general partnership or a foreign limited liability partnership is not in Colorado, the name and - street address, of its Colorado registered agent for service of process on such general or foreign partnership is: N/A - Last name of an individual or full name of an entity First and middle name of an individual ~ .. _ Street-address of registered agent named above .. Sn.VERSTREAM LLP ,~ - By ~~u:::.. . ~III.J{ J'~t< Robert J, To las, Managing Partner .. ... . As used in this statement, partnership refers to a general partnership or a limited partnership formed in Colorado or .. a foreign limited liability partnership or limited liability limited partnership formed and registered in a jurisdiction other than Colorado, If formed in Colorado, a limited partnership must fust or simultaneously file a Certificate of Limited .. Partnership, and if formed elsewhere, it must also file an Application for Registration as a foreign limited partnership with _ the Colorado Secretary of State. . ,- ~ LAND TITLE GUARANTEE COMPANY ;W!iI C U S TOM E R D I S T RIB UTI 0 N October 16, 1996 Property Address: ,~ ASPEN, CO - ~IFT PROPERTY FUND, INC. ----307 SOUTH MILL ASPEN, CO 81611 Attn: ROB TOBIAS 303 925-3883 - ... Copies: 2 .,,,, ... ... ... ... .. .. ~ .. ... .. ~ - Our Order No.: Q371443 Commitment To Insure ALTA Commitment -1970 Rev, . '* * * hh ...* ... 'f'\, :If :If '* *...* OLD REPUBLIC NATIONAL TITlE INSURANCE COMPANY, a Minnesota corpomtlOn. herein called the Company. for e valuable consideration, hereby commlls to Issue Its polley or poliCies of IItle Insurance. as Identified In Schedule A. In favor althe proposed Insured named In Schedule A. as owner or mortgagee of the estate or Interest covered hereby in the land deSCribed or referred 10 In Schedule A, upon payment of the premiums and charges therefor; aU subject to the proviSIOns of Schedule A and B arid 10 the Condl\lons and Stipulations hereof ThiS Commitment shall be effective only when the Identity of the proposed Insured and the amount of the policy or poliCies comml1ted for have been Inserted In Schedule A hereof by the Company. either at the time of the Issuance of thiS Commllml!n1 or by subsequem endorsemem. ThiS Commltmem IS preliminary to the Issuance of such policy or poliCies 01 title Insurance and all liability and obligations hereunder shall cease and terminate SIX momhs alter the effective date hereof or when the policy or poliCies committed for shall Issue, whichever firs 1 occurs. proVided that the failure to Issue such policy or po!tcles is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust. trust deed, or other security instrumem. 2. If the proposed Insured has or acqUires actual knoVoAedge Df any defect. hen. encumbrance, adverse claim Dr Dther mailer affeclIng the estate or mterest or mortgage thereon cDvered by thiS Commltmem other than those shown m Schedule B hereof, and shall fail to disclose such knowledge 10 the Company Ir1 wnllng, the Company shall be relieved from liability for any loss or damage resulllng from any act of reliance hereon to the extem the Company IS prejudiced by failure of the proposed Insured 10 so disclose such knowledge. If the proposed Insured shall disclose such knolNledge to the Company. or If the Company otherwise acquires actual knowledge of any such defect. lien. encumbrance. adverse claim or other matter, the Company at ItS Dpllon may amend Schedule B of this Commitment accordingly, but such amendment shall r"lOt relieve the Company trom liability preViously Incurred pursuant to paragraph 3 of these ConditIOns and SlIpulatlons. 3 liability of the Company under thiS Commitment shall be only to the named proposed Insured and such parties Included under the defimllon of Insured In the form of poliCY or policies committed for and only for actual loss mcurred m rehance hereon In undertakmg in good faith la) to comply with the reqUirements hereof or (b) 10 eliminate exceptions shown Ir1 Schedule e, or Icl to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated m Schedule A for the poltcy or poliCIes committed for and such liability is subject to the insunng proVISIOns and the Conditions and Stipulations and the ExclUSions from Coverage of the form of poliCY or policies committed for m favor Df the proposed Insured whIch are hereby Incorporated by reference and made a pan of thiS Commitment except as expressly modified herem. 4 Any action or actions or nghts of action that the proposed Insured may have or may bring against the Company anslng out of the status of the lItle to the estate or Interest or the status of the mortgage thereon covered by thiS Commitment must be based on and are subject 10 the proVISIOns of thiS Commitment . STANDARD EXCEPTIONS In addition to the matters contained In the ConditIOns and Stipulations and ExcluslQns from Coverage above referred 10, thiS Commitment IS also subJect 10 the followmg 1. Rights or claims of parties In possession not shown by the public records. 2 Easements, or claims of easements, not shown by the pubhc records. 3. DiscrepanCIes, conflicts 10 boundary Imes, shortage In area, encroachments, and any facts which a correct survey and InspectIOn 01 the premises would disclose and which are not shown by the pubhc records 4 Any lien, or nght to a lien, lor services, labor or matenal theretofore or hereafter furnished, Imposed by law . . and not shown by the public records 5 Defects. herls. encumbrances. adverse claims or other matters, If any. created, first appeanng lf1 the pubhc records or attachmg subsequent to the effective date hereof but prlorto the date the proposed msured acqUires of record for value the estate or Interest or mortgage thereon covered bythfs Commitment. IN WITNESS WHEREOF. Old RepubliC National Title Insurance Company has caused ItS corporate name and seal to be hereunto affixed by ItS duly authonzed officers on the date shown m Schedule A. to be valid when countersigned by a validating officer or other authonzed signatory . . . . OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue SOUlh. Mmneapolis, Mmnesora 55401 (6121371/1/1 . . . fi-.;: llIu~ AUlhoflzed SIgnatory By ~ <:I-~ Bh,/ Preslden! .. . Aflesr Secretory .. ORT Form 2582 - ---- A L T A COM M I T MEN T .. SCHEDULE A .. - Our Order # Q371443 .. For Information Only ASPEN, CO ... 111 - Charges - TBD Commitment - - TOTAL - - . ****WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO.**** Q371443.**** - ~. Effective Date: October 08, 1996 at 5:00 P.M, ..2. "TBD" Commitment - Proposed Insured: - SILVERSTREAM LLP, A REGISTERED COLORADO LIMITED LIABILITY PARTNERSHIP 3. - The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SILVERSTREAM LLP, A REGISTERED COLORADO LIMITED LIABILITY PARTNERSHIP 5. The land referred to in this Commitment is described as follows: .. ... LOTS P, Q, R ANDS BLOCK 118 . THE CITY AND TOWNSITE OF ASPEN .. .. .. .. - - PAGE 1 .. - ~ A L T A COM M I T MEN T .. SCHEDULE A - oM Our Order # Q371443 '. .. .. .. ,- TOGETHER WITH A STRIP OF LAND EIGHTEEN FEET (18') IN WIDTH ALL POINTS BEING PARALLEL TO AND LYING EASTERLY OF AND ADJACENT TO LOT S IN BLOCK 118 IN THE CITY OF ASPEN BOUNDED ON THE NORTH BY THE EXTENSION EASTERLY OF THE SOUTHERLY LINE OF THE ALLEY RUNNING THROUGH SAID BLOCK 118 AND BOUNDED ON THE SOUTH BY THE SOUTHERLY LINE OF DURANT AVENUE, AS VACATED IN ORDINANCE NO. 2 (SERIES OF 1958) OF THE CITY COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8, 1958 IN BOOK 183 AT PAGE 397. .. ... ... - COUNTY OF PITKIN, STATE OF COLORADO .. - ~ - - ... - .. .. ..... ... ... PAGE 2 - ... ~ A L T A COM M I T MEN T .. SCHEDULE B-1 - ... (Requirements) Our Order # Q371443 - .. The following are the requirements to be complied with: - l. .. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. .. ~. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: .. . - THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ... THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING! ! - ************************* NOTE *************************** RECORDING FEES HAVE INCREASED AS OF JULY 1, 1995 TO $6.00 ~. FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. RELEASES HAVE INCREASED TO $14.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. ... - ,. .. .. - .... - - PAGE 3 - A L T A COM M I T MEN T <'. SCHEDULE B-2 .- (Exceptions) Our Order # Q371443 ..The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of -the Company: -1. Standard Exceptions 1 through 5 printed on the cover sheet. - 6. Taxes and assessments not yet due or payable and special .. assessments not yet certified to the Treasurer's office. ~. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. -9. DEED OF TRUST DATED April 24, 1996, FROM SILVERSTREAM LLP, A REGISTERED COLORADO LIMITED LIABILITY PARTNERSHIP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK, ASPEN TO SECURE THE SUM OF $740,000.00 _ RECORDED April 30, 1996, UNDER RECEPTION NO. 392223. 10. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED November 01, 1887 IN BOOK 59 AT PAGE 73, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. ~'" 11. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED December 02, 1887 IN BOOK 59 AT PAGE 116, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ,ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. . -12. EASEMENTS FOR THE USE, OPERATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES TO BE PLACED UNDERGROUND AND OVERHEAD, INCLUDING, BUT NOT LIMITED TO, POWER AND TELEPHONE LINES, WATER LINES, GAS MAINS, SEWER MAINS AND OTHER UTILITY EASEMENTS OF A LIKE NATURE, BUT EXCLUDING ROADS AND SURFACE EASEMENTS, AS RESERVED IN ORDINANCE NO. 2 (SERIES OF 1958) OF THE CITY COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8, 1958 IN BOOK 183 AT PAGE 3'97. .. ... - - "" ... - .. PAGE 4 - - LAN D TIT L E GUARANTEE COMPANY .. ,"" .. ~ .. DISCLOSURE STATEMENT .. Required by Senate Bill 91-14 .. - .. A) The subject real property may be located in a special taxing district. ,- ~ B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. .... ,~ C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. .. .. .. Required by Senate Bill 92-143 ;... A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. ,,""' ;4i& ~ .. .. - - - .... - - .. .. - ... .. , ... \. ... \ .. .. - - - - .. .. .. .. -- .. ~ '. .. - '. ... - ... - - - .. - - ~ . Project Site :'1~~ AfOUl1tllin .. .. Vicinity Map ... ... ... "- .... . .. .. u .. 1t,1t '.. - .. - .. - ... " ... oW - - - ... ... Specific Submission Contents ... ... - - ,,.. - - . - - m, - - .. - .. - - .. ... - - ,- .. .. - ... .. ... ... - .. - ... ... ... - - Specific Submission Contents A. Existing Conditions The Brass Bed Lodge is located at 926 East Durant Street, Aspen, Colorado. The lot consists of 13,800 square feet, Underlying zoning is RMF with an LP Overlay. The lodge originally received approval for the development of29 lodge units including 4 kitchens and 3 employee units, Construction on the existing structure was begun in 1988 and ceased on or about 1991. The existing structure currently consists of 15,356 s.f The property has been uninhabited and has not been in operation since 1988. At this time, the structure is nearly complete on the exterior while the interior is only partially constructed. All finish work as well as landscaping has yet to be completed. B. Proposed Change in Use Development The Applicant proposes to convert the lodge structure to residential use by means of a Change in Use application to the City of Aspen in compliance with the recently approved Small Lodge Change in Use process. The development shall consist of six (6) free market condominium units in two (2) bedroom configuration. Additional housing will be provided for three (3) employees on site. As the structure is in existence, this development will represent a remodeVcompletion of the existing structure rather than new development. The following Development Data table outlines the specific parameters of the proposed development. .. .. Table One Development Data .. Lot Size 13,800s.f - Total Development Area (Gross Building Square Footage) 15,356s.f Square Footage Attributable to Floor Area 12,561 s.f .. Allowable Floor Area at 1: 1 (Variable to 1.1: 1) 13,800s.f Floor Area Ratio 0.91:1 .. Proposed Open Space 4,830s.f Required Open Space 4,830s.f Number of Units Free Market 6 .. Deed Restricted 1 Number of Bedrooms - Free Market 12 Deed Restricted 3 Proposed Off Street Parking 11 Required Off Street Parking (l/BR - Fewer by Special Review) 15 Proposed Setbacks Front 10ft. Side 5ft. Rear lOft. Required Minimum Setbacks Front 10ft. Side 5ft. Rear lOft. - Required Minimum Lot Area (based on proposed program) 13,600s.f - - ... .. ... - .. - - - - .. .. - ,. ... .. .. - .. - - - - ~ ;..... .... - .. - .. '. .. - .. - ... - .. - .. c, Affordable Housing The Brass Bed Lodge was originally approved with 29 lodge units and a requirement to house 3 employees. The proposed change in use to 6 residential units does not appear to require employee mitigation as no employee generation is specified, pursuant to the Land Use Code and supported by conversation with Stan Clausen, Director, Community _ Development Department. Additionally, the 6 residential units clearly represent a significantly lower impact to the community. The residential employee impact is significantly less than the lodge yet the same number of employees will be provided housing. These employees shall be employed seasonally by the Applicant, but housed, on site, on a year round basis as part of the management of the project. - - .. . - . .. . .. . - .., .. - .. . ... .. .. ... .. ... ... . ... ... .. .. Brass Bed Lodge - .. .. Change in Use Application - ... . .. - .. - The Brass Bed ~ ... Development Application for Small Lodge Change in Use Text/Map Amendment and GMQS Exemption .... - .. .. - Submitted December, 1996 ~ ... ... - . Submitted To: Aspen-Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Applicant: Silverstream LLP clo Swift Property Fund, Inc. 307 South Mill Street Aspen, Colorado 81611 (970)925-3883 - ." - C'.. '.. ... .. - - - - - '. Brass Bed Small Lodge Change in Use Application with TextlMap Amendment and GMQS Exemption ~ Development Team ... .. Lel!al: Gideon Kaufinan KAUFMAN & PETERSON P,C. 315 East Hyman Avenue Aspen, Colorado 81611 (970)925-8166 (970)925-1090 Fax - .. ... - Land Planning: Thomas Stevens THE STEVENS GROUP, INC. 312 E Aspen Airport Business Center Aspen, Colorado 81611 (970)925-6717 (970)925-6707 Fax - 4 '.. '. Architecture: Augie Reno GmSON RENO ARCHITECTS 210 East Hyman Avenue Aspen, Colorado 81611 (970)925-5968 (970)925-5993 Fax .. .. 'w .. Civil and SUlvev Engineering: Jay Hammond SCHMUESER GORDON MEYER P.O. Box 2155 Aspen, Colorado 81612 (970)925-6727 (970)925-4157 Fax ,- ... .. ... .. .. ~ - .. 2 .. - .. .. ... I. - n. .. '~ - - . Brass Bed Small Lodge Change in Use Application with TextlMap Amendment and GMQS Exemption TABLE OF CONTENTS Introduction Proposed Development A. B. C. D. E. F. G. Existing Conditions Proposed Change in Use Development Affordable Housing Parking Public Facilities Site Landscaping Architecture .. m. Specific Submission Contents - .. - IV, .. .. ., .. '. - .. - - ... - - ... ,- - Specific Submission Requirements - Small Lodge Change in Use and GMQS Allotment 12 Specific Submission Requirements - TextlMap Amendment 15 A. B. Exhibits A. B. C. D. E. F. G. Application Form Pre-Application Summary Letter of Authorization to Represent Proof of Ownership Engineering Report Vicinity Map Architecture 4 5 5 5 8 8 9 10 11 3 ~ I. Introduction " ~ This development application seeks approval for the Small Lodge Change in Use of the Brass Bed Lodge and subsequent GMQS Exemption and Text/Map Amendment. The existing Brass Bed Lodge received approvals for 29 lodge units and housing for 3 employees (see Existing Conditions) and is currently zoned RMF with a LP Overlay. Specifically, this application seeks to change the use of the Brass Bed Lodge from 29 lodge units to 6 residential uses and associated employee housing, remove the LP overlay and revert the zoning to the underlying RMF. .. ~ - ~ On November 5, 1996 the Brass Bed Lodge received GMQS allotment from the City of Aspen for the 6 free market units allowing it to proceed to this application level. Upon approval of this application, the Applicant will submit for City review a Condominiumization Plat. This Plat will be based upon a current site survey and shall include all existing and required easements and applicable language in compliance with the City of Aspen Land Use Regulations. ... ,- .. - - .. .. .. - .. ,- 4 - II. Proposed Development ~ A. Existing Conditions . ~ The Brass Bed Lodge is located at 926 East Durant Street, Aspen, Colorado. The lot consists of 13,800 square feet. Underlying zoning is RMF with an LP Overlay. .. ... . Prior to the 1988 approvals for expansion, the lodge consisted of 20 lodge units and I employee unit. The approvals granted in 1988 allowed the expansion of the lodge to 29 lodge units including 4 kitchens and housing for 3 employees. Construction on the existing structure was begun in 1988 and ceased on or about 1991. The existing structure currently consists of 15,356 s.f The property has been uninhabited and has not been in operation since 1988. At this time, the structure is nearly complete on the exterior while the interior is only partially constructed. All finish work as well as landscaping has yet to be completed. .. .. .. .. ~ .. B. Proposed Change in Use Development ,- - - The Applicant proposes to convert the existing lodge structure to residential use by means ofa Change in Use application to the City of Aspen in compliance with the recently approved Small Lodge Change in Use process. Additionally, this application seeks to amend the existing zoning by means of removing the Lodge Preservation (LP) overlay and reverting to the underlying RMF zoning, consistent with the surrounding neighborhood. The proposed development shall consist of six (6) free market condominium units in two (2) bedroom/2 bath configuration. Additional housing will be provided for three (3) employees on site by means of one donnitory unit. The structure is in existence, therefore this ( flO - - .- - .. - f ... - - 5 .,..- 4 development represents a remodel/completion rather than new development. The following Development Data table outlines the specific parameters of the proposed development. - .. - - .. - .. - - .. - .. - .. - ... - - - - .. .. ... 6 - .. Table One Development Data . .. Lot Size Existing Building FAR. Proposed Additional Building FAR. Total Building FAR. Allowable Floor Area at 1: 1 (Variable to 1.1: 1) Remaining Allowable F.A.R. Floor Area Ratio Proposed Open Space Required Open Space Number of Units Free Market Deed Restricted Dormitory Number of Bedrooms - Free Market 13,800s.f 12,558s.f 480s.f 13,038s.f 13,800s.f 762s.f 0.94:1 4,905s.f 4,830s.f 6 1 12 .. .. - .. .. .. Deed Restricted Dormitory Proposed Off Street Parking 11 Required Off Street Parking (I/BR - Fewer by Special Review) 11 * Proposed Setbacks Front 10ft. Side 5ft. Rear lOft. Required Minimum Setbacks Front 10ft. Side 5ft. Rear 10ft. Required Minimum Lot Area (based on proposed program) 13,600s.f Remaining Available Lot Area 200s.f .. .. - .. - ... .. ... - - .. * Pursuant to 1988 approvals Note: Covered parking exempt from FAR .. - \ V Sf!. ) (fifel'l.... 7 c. Affordable Housing . . The Brass Bed Lodge was originally consisted of20 lodge units. Employee housing was provided at that time by I unit. The approvals granted in 1988 allowed for the expansion of the lodge to 29 lodge units with a requirement to house 3 employees. The proposed change in use to 6 residential units does not require employee mitigation as no employee generation is specified and it is exempt from GMQS, pursuant to the Land Use Code and confirmed by conversation with Stan Clausen, Director, Community Development Department. Additionally, the 6 residential units clearly represent a significantly lower impact to the community. The residential employee impact is significantly less than the lodge yet the same number of employees will be provided housing. These employees shall be employed seasonally by the Applicant, but housed, on site, on a year round basis as part of the management of the project. A dormitory unit which will house 3 employees will be provided (see Architectural Plans). This unit will exceed the standards for minimum square footage for a dormitory unit as specified by the 1996 Affordable Housing Guidelines. Specifically,' Lv ly I-t.o'~ the unit will consist of738 square feet while 450 square feet are required ) , I f< 3 he .^"" based on 150 minimum square feet per resident pursuant to Part ill, ~ 7 Section 4 of the Guidelines. The unit will be located on the garden level of the structure with ground level access to a private patio off the living room and a landscaped area immediately outside the bedrooms. 6t S futl.w I /'tlr"1 '} . . 4 - ~ . .. - - - D, Parking '. The approvals granted in 1988 specified II parking spaces in conjunction with the 29 lodge unit/3 employee unit operation. As a result, these 11 spaces were constructed on the north side of the structure with access from ~ 8 ~ - . the alley. The approvals and existing parking selVe to 8!'andfather the) proposed change in use resulting in 11 spaces proposed within this application. Based on the program of 6 units and 1 dorm unit, this provides for 1.66 spaces per unit and 1 space provided for the dorm unit considering the location of this development relative to downtown Aspen, the retail selVices, skiing and mass transit, the proposed parking will be adequate. J 1AM , I 'fLU D/C~I . ~ ~ - - Given the existing site and building configuration, the Applicant has re- configured the 11 parking spaces to provide a green open space outside the dormitory unit. This is accomplished by providing seven 90 degree head in parking spaces and four parallel parking spaces. Again, all spaces are selViced from the alley. .. - .. - .. E. Public Facilities .. .. 1. Water The City of Aspen Water Department has indicated that a 6 inch water main currently exists within Durant Avenue and that the City has the capacity to service the proposed development The proposed change in use to six residential units and housing for 3 employees will actually represent a reduction in equivalent capacity units (ECU' s) as compared to the existing program. This is discussed in greater detail in the Engineering Report, Exhibit E. - .. .. - - 2. Sewer The Aspen Consolidated Sanitation District has indicated that sewer service is in place to the Brass Bed property via a 6 inch PVC line from an 8 inch main line located in the alley of Block 118. The proposed change in use is anticipated to reduce the Equivalent Residential Units (EQRs) associated with the residential use as compared '.. - .. ;,;;oj .. 9 - to the EQRs assessed for the lodge in 1989. This is discussed in greater detail in the Engineering Report, Exhibit E. . . 3. Drainal!e Site drainage for the existing structure was reviewed and approved as part of the construction permit set in 1989. This called for 4 substantial drywells to be located on site. Schmueser Gordon Meyer has recalculated the detention requirements for the site under the current City of Aspen regulations and has detennined that the drainage system is adequate to maintain historic conditions. This is discussed in greater detail in the Engineering Report, Exhibit E. ~ ~. 4 4 4. Access Access and vehicular parking for the proposed change in use to residential is from the alley of Block 118. The site also fronts on Durant Avenue. The proposed change in use will result in a significantly lower vehicle traffic generation than the existing lodge. Based on Pitkin County's 1995 Road Management and Maintenance Plan the seven residential units, at 9.55 vehicle trips per day will generate 67 vehicle trips per day as opposed to 262 trips per day of the lodge program. This reduction in traffic generation will significantly benefit the surrounding neighborhood. - ~ ,. 4 - F. Site Landscaping .. . Upon completion of the construction/remodel of the structure the site will be landscaped. Landscaping will consist of native materials (Aspen, Spruce, Crab Apple and LanceleafCottonwood) and be limited to accent areas and screening. Cottonwood will be added along Durant Street to continue the existing cottonwood lined street. The site will receive sod and pennanent underground irrigation to ensure the heartiness of the plant materials. .. - '. .. ... 10 ~ - G, Architecture , ~ The existing three story stucco structure will be remodeled to provide a significantly more attractive and compatible structure. Since the change in use program provides 6 condominium units and one employee dorm unit, the 29 unit lodge structure will require some exterior modification as well as significant interior modification. While the interior modifications will be oriented towards accommodating the new program, the exterior changes have been designed to reduce the mass of the structure with the addition of dormers and balconies. Additional interest is provided by the use of up scale materials such as stone and wood siding in place of the existing stucco. The overall result is a significantly more attractive structure as well as a structure that not only "fits" within the neighborhood, but also actually enhances the neighborhood ambiance and quality. ~ . ..~ ~ ,~ Covered parking has been proposed for the development as it will offer an aesthetic enhancement as well as solve an existing functional problem of snow shed from the roof onto parked cars. This addition of covered parking will require a setback variance. The Applicant will pursue this setback variance with the City of Aspen Board of Adjustment concurrently with this change in use application. - .. ~ .. .. - .. , ~ .. ... tp^ 11 . J.. (" I o:J. 0 <00 III. Specific Submission Contents ., 'NwW O<s'O _ 0.J- _ \IlJ \:p~/' '" \.D'\Oo.. I I'" ,"lJll-" o~ d--.. c..~a'j c.i\\ S~ '. A. Specific Submission Requirements - Small Lodge Change In Use and GMQS Allotment 1. A written description of the proposed development including statements addressing the following: .. a. How the proposed development shall be connected to the public water system, including infonnation on main size and pressure; the excess capacity available in the public water system; the location of the nearest main, and the estimated water demand of the proposed development, ~ .. .. See Engineering Report, Exhibit E. ,~ b. How the proposed development shall be connected to the public sewer treatment system; the excess capacity available in the public sewage treatment system; the nearest location to the building site of a trunk or connecting sewer line; the expected sewage treatment demand of the proposed development '. See Engineering Report, Exhibit E. ,~ .. c. The type of drainage system proposed to handle surface, underground and runoff waters from the proposed development, and the effect of the development on historic drainage patterns, - '. - See Engineering Report, Exhibit E. .. .. d. The type of fire protection system to be used (hydrants, sprinklers, wet standpipes, etc.); and the distance to the nearest fire station and its average response time. - - .. .. 12 - ... . Fire protection will be provided by means of an internal, automatic sprinkler system in compliance with all applicable standards. The subject property is located seven city blocks from the Aspen Fire Department station. Therefore, response time will be less than five minutes. . . .. e. The total development area of the proposed project; the type of housing, commercial or lodge expansion proposed; total number of bedrooms, including employee housing; and a tabular analysis outlining the proposed development's compliance with the dimensional and use requirements of this chapter. 4 . See Table I of Section II of this application. .. . f. The estimated traffic count increase on adjacent streets resulting from the proposed development; a description of the type and conditions of roads that serve the proposed development; the total number of vehicles expected to use or be stationed in such development; the hours of principal daily use on adjacent roads; the on and off street parking to be supplied to the proposed development; location of alternate modes of travel (bus route, bike paths, etc.); any automobile disincentive techniques incorporated in the proposed development; whether roads or parking areas will be paved; and methods to be used for snow removal on streets and parking lots, , .. " See Engineering Report, Exhibit E. - '.. g. The method by which affordable housing will be provided, based on analysis of previous employee generation and expected employee generation following conversion, If necessary, a description of the type and amount of such housing shall also be provided. 'N '. '. See Section II, C of this application. .. - - h, The type of stoves and fireplaces to be installed, including those using wood, coal, gas or other fuels, the number of such stoves and fireplaces, and any emission control devices used on the stoves or fireplaces. .. .. - - 13 - '. Two gas fireplaces shall be provided for each of the 6 two bedroom units. Location of fireplace units are represented on the attached Architectural Plans. All gas fireplace units shall confonn to applicable City of Aspen regulations in place at the time of building pennit issuance. ~ - i. The location of the proposed development relative to proposed or existing parks, playgrounds, schools, hospitals, airports, mass transit systems, and the estimated increased usage of such facilities by the proposed development. .. ~ The project is located on Durant Street in the perimeter of the downtown core of Aspen. for this reason it is within immediate proximity to all facilities. The subject parcel is within one block of mass transit and within five minutes of schools and hospitals. 4 - ~ j. The location of the proposed development relative to existing and proposed retail and service outlets, and the estimated increased demand on such outlets from the proposed development. This does not apply for a Development Application for commercial/office development. As stated above, the subject parcel is located on the perimeter of the downtown core making it within walking distance to all retail and service outlets. As this development application only represents 6 residential units, the increased demand on retail and service outlets will be immeasurable. , k. The effect of the proposed development on adjacent land uses. ... The adjacent land uses are all residential in use making this project compatible. In its current configuration as a small lodge, the proposed change in use to 6 residential units will reduce any negative effect on adjacent land uses. - . I, The construction schedule for the proposed development, including, if applicable, a schedule for phasing construction. - - 14 ..- It is anticipated that construction would begin upon approval of this application, the condominium plat recordation and issuance of building pennits. As the structure already exists, phasing of construction will not be required due to the limited scope. ~ ~(p. q?Q\Q B, Specific Submission Requirements - TextlMap Amendment "" ~ 1. Whether the proposed amendment is in conOict with any applicable portions of this title - To the best knowledge of the Applicant, the proposed amendment is not in conflict with any applicable portions of this title. " 2. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. ~ This change in use received GMQS allotment for the proposed units on November 5, 1996. This Change in Use process was adopted by the City of Aspen via Ordinance 29, Series of 1996 in response to concerns by small lodge owners and the impacts of the Lodge Preservation (LP) zone district. This process has occurred subsequent to the 1994 Aspen Area Comprehensive Plan. 4 . 3. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. .. ... . This application requests that the LP Overlay to the underlying RMF wne district be lifted, and the property revert to its original RMF zoning for the facilitation of the change in use from lodge to residential. The RMF zoning is consistent with surrounding properties. All surrounding properties are residential in land use and vary only in density. This variance encompasses townhome/condominium to multi-family densities. .. - .. - ... - 15 - 4. The effect of the proposed amendment on traffic generation and road safety. . . See Section II, E above as well as the attached Engineering Report prepared by Schmueser Gordon Meyer (Exhibit E). . 5, Whether and to the extent to which the proposed amendment would result in demands on public facilities, and whether and to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. . - See Section II, E above as well as the attached Engineering Report prepared by Schmueser Gordon Meyer (Exhibit E). . 6. Whether and to the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Two facts must be considered in response to this criteria; first, the structure is existing so no impacts to the natural environment will be realized by finishing construction and, second, the completion of the existing structure (vacant since 1988) will improve the surrounding neighborhood. '. 7. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. ~ The City of Aspen has created the Small Lodge Change in Use legislation in direct response to preservation of the community character. This will provide for a more viable market for those remaining lodges competing for that share of the tourism market. This application is in compliance with all section of the Change in Use regulations. Therefore, the proposed amendment is consistent and compatible with the community character. 4 ~ .. ... 1 .. ... 8. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. - 16 - Conditions have changed supporting this proposed amendment. As stated above, the City of Aspen has created the Small Lodge Change in Use legislation in response to the preservation of the small lodge. ~ 9, Whether the proposed amendment would be in conOict with the public interest, and is in harmony with the purpose and intent of this title. This development application seeks to change the use of a 29 unit lodge to 6 residential units, thus reducing the impacts to the surrounding neighborhood. Additionally, by approval of this application, the existing structure, vacant since 1988, will be completed including architectural modifications to make the structure more compatible with the neighborhood. Ultimately, the Brass Bed Lodge will no longer be a detriment to the neighborhood (due to its unfinished condition), but instead will enhance the overall quality of the neighborhood. .. Looking beyond the surrounding neighborhood and at the community as a whole, the deletion of the 29 approved lodge units from the existing small lodge inventory will be consistent with the goals of City Council and Ordinance 29, Series of 1996 and will assist in the viability of the remaining small lodges focused at capturing a limited market. . ... . .. .. - ~ 17 - Exhibit A . ,~ - ~ ~ ~ - }L'PI'&t J tl11" 1 D\IlD 1JSE APPI':r't"S'Pn'W FCRI . 1) Prcject Name ~ f?CD 2) Prcject ~ticn 3U s. ~ /S1.E" ,~, Co. 'i51~t( (;m;~ ~ad... cdl:L , laC: c h'........ ___..1 -{, legal...r' . :r"" liIbI!re -~) 3) PoL .1;Zc:.ain;J ~F- 4) IDt: Size J?,e:a:=> 5) ~, ;........'5 Name, lld:h. ~ --- . ,s1LA!E;;P-. ~ /;Vf. 9'0 .sW{Pr' Ff-oP6'f4.1Y PVNP ::::Or S f-/ltlA--S(: ,.fr<:I':J6N. <:Pc5/ Coil . 6) a- .1....1 ;\18'5 _, lld:h. " :E!DIB . f?fr::o:z'N /Cr'W~ '?(r;; e;. trYtvVrN 1')V5. , '~J O. Sibil erZ-5-~lbfo . . . 7) '!'ype of ~ <F' - -....Ir;.a1ltbat lI(:pl.y) : _ 0::nti.tia21 Use I"", _ - -... .L..Jal SPA _ c.. - -;. .l..JaJ. Ristcric Dev. _ ~"l 1leYisw FiDU SPA - . _ PiDal "R';~l! Dev. _ 8040 Gr-nl ;"'" _ .--. - - 1. .L.Jal BJD _ HiD::Ir Bistcd.c Dev. SL... ....-'" _ 1liZIIII.........~... FiDU POD _ If;c:t-rw-il'! ~, ;-H,..., 15...... ~;'I"I v:i.ew' Plcme 9......;:vis.ial. - , - _ 'IJ;cohw-i... Des:ignat:iJ:n _ a...d...uiJ";~""';rft A Tex!:/HiIP ':l 1 .1 _ IDt: Spli't,lIDt Line AdjusbDent _ QG Allut.......L . , ~ QG ~Lla1 ~fE;-("""'US1:;'> 8) Desc:::iptia1 of 1I'v'i~'"g' USes (.. J. ca1 ~ of, ex:ist:iD:1 ..L......l........: ~ sq. tt.: ...~ of 1_1..__._: any pa:eria1s ~ .J.......l_l to u. ~~L.i) . tj N ANI t;(1'W snz,.ucnP-17 1t?,,(X)O sp...( :1:) .iIl 9) . . cii~~= n . \pMCD at n.- - ~ .1 n? ~~ f:j;)(.~ C ;;"l"'-UL~&~ J,..iJon 'fb ~,^F- '> , fV\M lrfY'~flb/V'l'6N'/ - /...-p --'1 P-/'I'F-(/l€IIlOVfr7." "F IA' OI,E.F-Ur'() ff..-o VCS5 - f stSP -po Cf7'r P /2;;.- . . 10) BaYe ya1 ..II_~ t:be faIl.crolin;J? F ...- -sa 'to :a. I - 1 .~ 2, Vim..... aoJo.riecri,.. ^...I-.I- r ll--Q6 t:D ~ I , .t: 3, ~iI4t'! ~~...;... ^..I_.L:... - .._ _SQ to 1'1_1 .t.. 4, Bsvi.&i SI......_L...... far YcIJr 'R'li~~. Exhibit B , . . .. ... ... ~ ... '. ~ ' A.L I.A\.dJJ"~~'1. ... .' j :: . Projed ~.m~ 'I : '. I' : : fu,ject rtoca1ion.' :;! . '\ : '.: . ; ::: I' t.-: . I :!: :; :::<I~r .addIess, lot &; block number,l~'aI ~ipti: wb . :rcntr~: I !. '~~! ~Mr (L..P. ~v~tSlZe I 3' . 'I\Ppqr' I !'. ~ : t?1L-V5~e:;:.TF-EfAM IA..~P I . JJddress :. . ; I .."1 ; :,.1 ( ; I' tJ ~t.JTH II,,{... " JdEp'" sNt~~ i . "]2JM .e?-rev~~ ,~dre~ .:; I ( i " 1- A/I~C. . :~~ o~ P~'i~~ol ~We chedc all that apply): , , I 11" .l;:, " ~ I tn ..~ ~ojJ~: i '0 Concep~PUD : ' :., ':D . q :eo~~l1i~+' 0 FinaIPUD(&PUD~) :ro q ~Si~ ~cr. ~PIfa1 0' Conceptual SPA, .!. [j q . '<f~Q~~~!', . 0 FbIal,SPA(~SPA.4.....nd~).:o . OJ G~Q~~~mrQn'l ,0 .speciaIRcview 1 I .'0 , dJ # Li,iie ~j~ :0 Subdivision I;g - d ~'sl'lit.1 !"':: . '0 Temporal)' Use !;o . d :~~A ~:Il~f ~ Stream 'Qll SmaIl Lodge Conversion! : I :" " : I l!Iat~, H4n1\lll ~e Bluff; Expansion '! . , . I ~~unt,ain:ViclW P.~e I ' . ;,1 .; I ': I;" '. i i i : . ge~~on ~f~!U~es (number aDd type of existing structures; ~ iq ,~Fo ; 8!iY p qusa prova1s granted to the property): '! ., . I. 6~~ ,: I:! LAND USE APPLICATION Fa ;' ; I . I ; 1 . . I' .. ll~'f# : i: . I":' t-J ~.. . I , :' . . : ': Hislooc Devt. i =i . FiIiat . de Ql=velopm: t ~ ocbcvt. : J! ' JljjfOij Deinolition , i: . . ~t4~ DesiPation ,I, ~ T' ap Amendment ,,:1 , 0IAei" , . . . , Ii , .. . I ." I ' "..::! . ':.; . I:i:. .;;l.~' I :. I::;: ~ r~f1~n~f~~?' . "1. : I '. ..,H' . ; .i I.: :j , . ': '~c'j~a~\v,~tliol"U ,.? : : . .. ~ ~ to A~ . 2l MiDimwn SltbmkeiQn Co"MI1ts ....---,: ~ . =tOA: .: 3jSpeeUicSubmissionContalts. ~: ,~ ii' to' 4:'D_':--.S~~_....t~ for Your A_t:cation , I I' . &\WVP;;W UII1QIIIUIJ ""I't'Y' . 10 it: ! ',11 it! ~, . ill: I:. : I : ~ ' "'1 :; f' , ' o. .: ;'j : I" , .' feCti , . , ~:' . . .' berof s . I : i I , " . :1 ;. ) ,I ,: ',. Commitment To Insure ALTA Commitment -1970 Rev. ... '* * * hh -t'* it 'f\, . . *-tc*it OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Mlnnesow ,orpomtlOn, herein called the Company, for a valuable conslderallon, hereby commits to Issue liS policy or policies of title Insurance. as identified In Schedule A. to favor of the proposed Insured named In Schedule A. as owner or mortgagee of the estate or Interest covered hereby In the land descnbed or referred 10 In Schedule A. upon payment of the premIUms and charges therefor; all sublect to the prov!slons of Schedule A and 8 and 10 the Condl\lons and Stipulations hereof. ThiS Commnment shall be effeclIVe only when the Identity of the proposed Insured and the amount of the policy or poliCies committed lor have been Inserted to Schedule A hereof by the Company, either at the time of the Issuance of thiS Commllment or by subsequent endorsement. ThiS Commitment IS preliminary lO the Issuance of such policy or poliCies of title insurance and all liability and obligatIOns hereunder shall cease and termmate SIX months after the effective date hereof or when the policy or policies commItted for shall Issue, whichever first occurs. provided that the failure to Issue such policy or poliCies IS not the fault of the Company. CONDITIONS AND STIPULATIONS 1 The term "mongage". when used herem. shall include deed of trust. trust deed, or other security Instrument. 2 If the proposed Insured has or aCQUires actual knowledge of any defect. lien, encumbrance, adverse claim or other mailer atlecllng the estate or Interest or mortgage thereon covered by thiS Commitment other than those shown In Schedule B hereof, and shall fall to disclose such knowledge to the Company In wntlflg. the Company shall be reheved from liability tor any loss or damage resulllng from any act of reliance hereon to the extent the Company IS prejudiced by (allure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge 10 the Company, or if the Company otherwise aCQuires actual know edge of any such defect. lien, encumbrance, adverse claim or other matter, the Company at ItS option may amend Schedule B of this Commitment accordingly, but such amendment shall not reheve the Company from liability previously Incurred pursuant 10 paragraph 3 of these ConditIOns and StipulatIOns, 3. liability 01 the Company under thiS Commitment shall be only to the named proposed Insured and such parties Included under the deflfll110n of Insured Ifl the form of policy or poliCies committed for and only for actual loss Incurred m reliance hereon in undertaking In good faith la) 10 comply with the reqUirements hereof or (b) 10 eliminate exceptions shown in Schedule B, or (cl to aCQuire or create the estate Of Interest or mortgage thereon covered by this Commltmenl. In no event shall such liability exceed the amount stated Ifl Schedule A for the policy or poliCIes comml11ed for and such liability is subject to the insuring proVISions and the Condlllons and Stlpulallons and the ExclUSions from Coverage of the form of policy or poliCies committed for in favor of the proposed Insured which are hereby Incorporated by reference and made a part of this Commitment except as expressly modified herein 4 Any action or actions or fights of action that the proposed Insured may have or may bring against the Company anSlng oul of the status of the tnle to the estate or mterest or the status of the mortgage thereon covered by thIS Commitment must be based on and are subject to the provIsions of thiS Commllment STANDARD EXCEPTIONS In addlllon 10 the matters contamed in the CondlllOns and Stipulations and ExclUSions from Coverage above referred to, thiS Commitment IS also subject 10 the following: 1 Rights or claims of parties Ifl possession not shown by the public records. 2. Easements. or claims of easements. not shown by the public records. 3. Discrepancies, conflicts In boundary lines. shortage Ifl area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records 4. Any lien, or nght to a lien, for services, labor or matenal theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects. hens. encumbrances, adverse claims or other matters, if any. created, first appearing in the public records or anachmg subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment IN WITNESS WHEREOF. Old RepubliC Nallonal Title Insurance Company has caused ItS corporate name and seal to be hereunto affixed by Its duly authOrIZed officers on the date shown 10 Schedule A, 10 be vahd when countersigned by a validatmg off1cer or other authonzed signatory. . . . . OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Slack Company 400 Second Avenue South. Mmneapolis. MlnnesOfa 55401 (6121 371,ml . . 4;:t11ij~ Authoflzed Slgnarory By ~ ~,~/ PreSident ~ AUesl Secretary ORT Form 2582 - A L T A COM M I T MEN T SCHEDULE A - Our Order # Q371443 - For Information Only ASPEN, CO - ... - Charges - TBD Commitment - - TOTAL - - ... ****WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO.**** Q371443.**** ~. Effective Date: October 08, 1996 at 5:00 P.M. c-2. "TBD" Commitment Proposed Insured: SILVERSTREAM LLP, A REGISTERED COLORADO LIMITED LIABILITY .. PARTNERSHIP - .3. The estate or interest in the land described or referred to in this Commitment and covered herein is: - ... A Fee Simple ~. Title to the estate or interest covered herein is at the effective date hereof vested in: ... - SILVERSTREAM LLP, A REGISTERED COLORADO LIMITED LIABILITY PARTNERSHIP ,.5 . The land referred to in this Commitment is described as follows: ... - .. - LOTS P, Q, R AND S BLOCK 118 THE CITY AND TOWNSITE OF ASPEN .. - .. - ... ... PAGE 1 - - - A L T A COM M I T MEN T SCHEDULE A ,- Our Order # Q371443 - .* - TOGETHER WITH A STRIP OF LAND EIGHTEEN FEET (18') IN WIDTH ALL POINTS BEING PARALLEL TO AND LYING EASTERLY OF AND ADJACENT TO LOT S IN BLOCK 118 IN THE CITY OF ASPEN BOUNDED ON THE NORTH BY THE EXTENSION EASTERLY OF THE SOUTHERLY LINE OF THE ALLEY RUNNING THROUGH SAID BLOCK 118 AND BOUNDED ON THE SOUTH BY THE SOUTHERLY LINE OF DURANT AVENUE, AS VACATED IN ORDINANCE NO. 2 (SERIES OF 1958) OF THE CITY COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8, 1958 IN BOOK 183 AT PAGE 397. ... - ... COUNTY OF PITKIN, STATE OF COLORADO - - - - ... - - ... - - - - oM ,- ... PAGE 2 - ... - A L T A COM M I T MEN T SCHEDULE B-1 - (Requirements) Our Order # Q371443 .. The following are the requirements to be complied with: - ..). Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. - ~. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: - THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. - - --- THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! - ************************* NOTE *************************** RECORDING FEES HAVE INCREASED AS OF JULY 1, 1995 TO $6.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. RELEASES HAVE INCREASED TO $14.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. - ~ ... """ - .. .. .. - .. - .. PAGE 3 - - A L T A COM M I T MEN T SCHEDULE B-2 - (Exceptions) Our Order # Q371443 -rhe policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of '"":he Company: ,~ 1. Standard Exceptions 1 through 5 printed on the cover sheet. 5. - Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. -7. Any unpaid taxes or assessments against said land. - 8. Liens for unpaid water and sewer charges, if any. - .. 9. DEED OF TRUST DATED April 24, 1996, FROM SILVERSTREAM LLP, A REGISTERED COLORADO LIMITED LIABILITY PARTNERSHIP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK, ASPEN TO SECURE THE SUM OF $740,000.00 RECORDED April 30, 1996, UNDER RECEPTION NO. 392223. .. ""10. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED November 01, 1887 IN BOOK 59 AT PAGE 73, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. .. - .. 11. .- RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED December 02, 1887 IN BOOK 59 AT PAGE 116, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. .. - - 12. EASEMENTS FOR THE USE, OPERATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC _ UTILITIES TO BE PLACED UNDERGROUND AND OVERHEAD, INCLUDING, BUT NOT LIMITED TO, POWER AND TELEPHONE LINES, WATER LINES, GAS MAINS, SEWER MAINS AND OTHER UTILITY EASEMENTS OF A LIKE NATURE, BUT EXCLUDING ROADS AND SURFACE EASEMENTS, AS RESERVED IN ORDINANCE NO. 2 (SERIES OF 1958) OF THE CITY COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8, 1958 IN BOOK 183 AT PAGE 397. ... .- .. .~ - - - - - PAGE 4 - .. LAN D TIT L E GUARANTEE COM PAN Y - '... DISCLOSURE STATEMENT - .... Required by Senate Bill 91-14 ... A) The subject real property may be located in a special taxing district. ..... - B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. ..... .. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. ... .. - ... Required by Senate Bill 92-143 - - A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. ,. .. .. .. - .. .. .. .. - .. - ... - ... .- ... - Exhibit E - - - .,. - .- - - - ... ... - - ... - - - ... - ... - ENGINEERS SURVEYORS (970) 925.6727 FAX (970) 925,4157 SG M SCHMUESER GORDON MEYER P.O. Box 2155 Aspen, CO 81612 December 22, 1996 j,,, - Mr. Tom Stevens THE STEVENS GROUP 312 E, Aspen Airport Business Center Aspen, CO. 81611 'Illitl - ... - RE: The Brass Bed Small Lodae Conversion Prolect. GMQS ExemDtion. Enalneerina ReDort - Dear Tom: - - This letter comprises an Engineering Report for relevant aspects of the proposed conversion and renovation of The Brass Bed property at 926 East Durant Avenue in Aspen, Colorado. My comments are based on our discussions of the project, contact with representatives of the primary utilities, site visits and record research regarding previous utility service and site design. I have endeavored to present my comments in response to the engineering-related provisions of City of Aspen Municipal Code. - .. - ~ Introduction - The Brass Bed property is located at 926 East Durant Avenue on Lots P, Q, Rand S as well as 18 feet east of Lot S of Block 118 in the City and Townsite of Aspen. The site currently includes an unfinished lodge comprising 15,356 square feet, 29 lodge rooms, 4 kitchens and housing for 3 employees in an existing structure. The property owners, Silverstream LLP, have received an initial approval for conversion to 6 two-bedroom, two-bath residential units as well as one dormitory affordable housing unit under the lottery program established this year for LP lodges. This report focuses on the infrastructure, traffic and drainage requirements of the proposed lodge conversion. As a lodge conversion, we are generally anticipating that residential use will represent a decrease in use and that existing utility services will be adequate. - - ... - Utility service will be predominantly from the alley frontage or Durant Avenue, where all utilities are currently under ground. Vehicular access will be from the alley of Block 118 as well. I have spoken with representatives of all the primary utilities and inspected the site with regard to the availability of all secondary utilities. I would offer the following comments based on the proposed conversion to residential use; .... - 1. Water Phil Overeynder, the Director of the City of Aspen Water Department, indicates that water service to the existing structure is in place and available from the existing 6 inch diameter cast iron water main in Durant Avenue. No special physical constraints exist with regard to providing service to the potential conversion of the Brass Bed to residential use and the City has sufficient capacity to serve the proposed units. Static pressures in the area should be in the range of 90 psi. A preliminary calculation of the equivalent capacity units (ECU's) associated with the proposed residential use and without the benefit of the City's previous calculations for the lodge structure, I would anticipate that the ECU value will be reduced from approximately 17.50 - ,,. - 118 West 6th, Suite 200 . Glenwood Springs, Colorado' (970) 945.1004 ,- .~ .. .. - - - - .. .. .. - - ... - ... ".. - .. - .. December 22, 1996 Mr. Tom Stevens Page 2 ECU for the existing structure as a lodge use to approximately 8.50 ECU for residential use. This would suggest that the conversion certainly would not be subject to any new water tap fees and may be subject to a credit or rebate of any tap fees paid prior to the renovation in 1988, if such fees were paid. It is also possible, depending on how the current service is sized, that a new or second service tap may be required to accommodate installation of a fire suppression sprinkler system to meet current regulations. There is an existing fire hydrant on the northwest corner of Durant Avenue and West End Street approximately 220 feet west of the Brass Bed property. There is also a fire hydrant on the north side of Durant Avenue approximately 230 feet east of the site. With regard to service configuration, the City Water Department will require an internal manifold with lockable or sealable individual service shut-offs for each of the proposed residential units accessible by department personnel. 2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated Sanitation District (ACSD), indicates that sewer service is in place for the Brass Bed property from an 8 inch diameter collection line in the alley of Block 118. No significant constraints exist and the ACSD has sufficient collection and treatment capacity to serve the converted residential use. ACSD records indicate that the structure has an existing 6 inch diameter PVC service tap that was connected in August, 1989. Based on some of the ACSD documentation for the current tap, I would anticipate that, once again, the Equivalent Residential Units (EaRs) associated with the proposed residential use will be reduced from the 8.23 assessed for the lodge use to approximately 7 EaR for the proposed use. Tap fee credit or a rebate may be available from the $11 ,255.00 apparently paid in 1989. Tom noted that the ACSD would require execution of a shared service agreement for the various unit owners. Otherwise, it is anticipated that the 6 freemarket condominiums and one affordable housing unit would be served by the service line that is currently in place. 3. Drainaae Conversion of the existing Brass Bed building into a residential condominium structure on the 926 Durant Avenue site will result in no additional drainage impacts to the surrounding area. Site design for current building dated November 1987 and apparently included in the construction permit set in 1989 include a design for four substantial drywells to capture runoff within the site. A preliminary re-calculation of the detention requirements for the site under current City of Aspen regulations indicates that the drywells are adequate to maintain historic conditions. Assuming, at this point, that the drywells were installed as shown and are connected to appropriate area drains, the project should have no additional off-site drainage impact. My understanding is that final grading and landscape improvements were not completed for the existing lodge structure. Some further revision of the site design and landscape plan is anticipated for the conversion to residential use. Any site and grading revisions should maintain positive drainage away from structures and incorporate appropriate area drains on any exterior, below-grade space or flat roof areas routed to the drywells. This project will not create additional impacts to the City of Aspen's storm drainage system nor will It require improvements or expansion of the system. SCHMUESER GORDON MEYER, INC. ... - ,- December 22, 1996 Mr. Tom Stevens Page 3 4. Access Access and vehicular parking for the proposed conversion to residential use is from the alley of Block 118. The site also fronts on Durant Avenue where some public parking remains available. Durant Avenue is currently a paved street in good condition with curb and gutter on both sides. My understanding at this time (given the snow on the ground) is that the sidewalk for the 1989 lodge renovation was not completed along the Durant frontage and would be completed as part of the conversion to residential use. ~ The alley of Block 118 is paved and offers access to a number of surrounding properties with a dead-end configuration. The conversion proposal will incorporate 11 on-site parking spaces off the alley frontage (as constructed and per the existing lodge approval) for the proposed 12 bedrooms and one dormitory unit. This would permit 1.67 spaces per condominium unit and one space for the dormitory affordable housing unit. Less than one parking space for bedroom for affordable housing can be established by Special Review. Since the site is within 1 block of the bus routes on Cooper Avenue and l'h blocks of several of the major bus routes at Durant and Original Street (as well as close generally to City Market and downtown), reduced parking for the affordable housing unit should not represent a problem for the converted use. - - ~ From the standpoint of traffic generation, we would, once again, anticipate that the conversion to residential use will result in a reduction in the impacts associated with the property. Using the trip generation figures from the Institute of Transportation Engineers as referenced in Pitkin County's Road Management and Maintenance Plan adopted in 1995, 7 residential units at 9.55 vehicle trips per day represents 67 vehicles per day impacting adjacent streets whereas the lodge type use could run as high as 262 trips per day for 29 rooms and related uses. Once again, proximity to town and available transportation options may serve to reduce vehicular use even by the freemarket units substantially. Traffic generation is one area where I think conversion to residential use will have a substantial benefit (reduction) in impact to the surrounding neighborhood from the current approval. ,- - - Thank you for the opportunity of working on the Brass Bed Lodge conversion project. Please feel free to contact me directly if I may provide additional comment or detail regarding this report. ~ - .. Very Truly Yours, SCHMUESER GORDON MEYER INC. - . v-~ ~ .. ... . 3ay W. Hammond, P.E. 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"-~'" -63885-268 Public Right,of-Way ___ -63875,046 Zoning & Sign Pennil -MRO II Use Tax 1??oo-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065~!82 All Residential Referral Fees: 00113-63810-035 00115-63340-:63 62023-63340-190 00 125-63340--205 00113-63815-036 00113-63812-212 Sales: 00113-638.11)..039 ,69000-145 County Engineer City Engineer Ilousing Environmental Health County Clerk Wildlife omc" Connty Code Copy Fees Other Name:~ <~ 1..~.,1_/'71 Address: 3(' 7 <: 7J<. U::-f:. I, ....... ./ ~ ?')'S3 Phone: / ___-------t__ /0 or:; ~ L -(.,~---- CO Total /050 Date: /~h 3Check: Project: Case No: A /00 - 9c:; No. of Copies :n~l-l<t'2~ 3/-00<)' , AspenIPitkin Community Development Department 130 South Galena Street Aspen, Colorado81611 (970) 920-5090 City Land Use Application Fees: 00 113.{j38S(}-(}4! Deposit .{j38SS.{)42 Flat Fee .{j3860-043 HPC .{j388S-268 Public Rigbt-of- Way .{j387S-(}46 Zoning & Sign Pcrmil -MROII Use Tax 10000-67100-383 Park Dedication IS()()().{j30S0-480 AH Commercial IS()()().{j306S-482 AH Residential County Land Use Application Fees: 00113.{j3800-033 Deposit .{j380S-034 Flat Fee .{j3820-037 Zoning .{j382S-038 Board of Adjustment Referral Fees: 00113.{j3810-03S 001IS.{j3340-!63 62023.{j334G-190 00 I 25.{j334Q-20S 001 13.{j38 I 5-036 001 13.{j38 I 2-2 12 Sales: 00 113.{j38,0-039 -69000-14 S County Engineer City Engineer Housing Environmt'ntal Health County Clerk Wildlite Ollieer County Code Copy Fees Other Name:S~ Address: 307 S/?7tL.b ~--- Phone: q 'd 5 - 3g ~~2.. /10 Cd --------, . / D' Total . 70 Date:lhA'lhe~k5 L/ J- proje~ Case No: 1'9/00 - 7"6 No. of Copies ----- - - i