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HomeMy WebLinkAboutLand Use Case.133 Prospector Rd.0031.2006.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0031.2006.ASLU PARCEL ID NUMBER 2735-142-13-550/552 PROJECT ADDRESS 133 Prospector Rd. PLANNER Jessica Garrow CASE DESCRIPTION GMQS & Final PUD REPRESENTATIVE Davis Horn DATE OF FINAL ACTION 12/5/06 CLOSED BY Amy DeVault P .: _ 'i --~ ~, ~'1 ~_. THE CITY OF ASPEN ~~p6e itlc'~G~ Z ~D ~ ~t1x~i1 Q ~~~ ~~e. ~~ S~ Zc~l ~~3~ ~~ ~ a~, ~~ ~~ ~~~ ~~- 13O SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 .~, MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director (J~~„' ~ FROM: Jessica Garrow, Plarmer J'(~ ~ RE: Highlands Village PUD Subdivision Amendment (133 Prospector St) - Subdivision Review -Second Reading of Ordinance No. 8, Series 2007 (Public Hearing) HATE: Anri19.2007 APPLICANT /OWNER: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. LOCATION: CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, commonly known as 133 Prospector Street. CURRENT ZONING & USE PUD including a mix of retail uses, free- market residential, and affordable housing. PROPOSED LAND USE: Relocation of afree-market development right to an existing commercial space and condo meeting room space STAFF RECOMMENDATION: Staff recommends the Aspen City Council approve, with conditions, the Subdivision request. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission approved a Substantial PUD Amendment and recommended City Council approve, with conditions, a Subdivision Amendment on February 6, 2007 in a three to two (3 - 2) vote. SUMMARY: The Applicant requests City Council approve a Subdivision Review for the conversion in use. Photo of proposed mini-golf course area Photo of change-in-use area m,:...,~ LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the City Council: Subdivision Amendment for the conversion of commercial and condo meeting room space to one (1) free-market residential unit pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). BACKGROUND: Evolution of Land Use Requests The Highlands Application.was submitted to the Community Development Department in May 2006. The original Application requested the approval of a Substantial PUD Amendment to construct amini-golf course adjacent to the existing bowling lawn between the Thunderbowl and Exhibition Ski Lifts, a Substantial PUD Amendment to convert condo meeting room space and commercial space in Building 2 to one (1) free- market unit using an existing free-market credit, a Substantial PUD Amendment and Growth Management Allotment to convert commercial space in Building 4 to one (1) free-market unit, and a Subdivision Other Amendment. Prior to the Planning and Zoning public hearing, the Applicant revised the Application to eliminate the PUD Amendment and Growth Management Request associated with Building 4. The result was an application requesting a Substantial PUD Amendment to construct amini-golf course adjacent to the existing bowling lawn, a Substantial PUD Amendment to convert condo meeting room space and commercial space in Building 2 to one (1)free-market unit using an existing free-market credit, and a Subdivision Other Amendment. The Application is attached as Exhibit H. Staff recommended the Planning and Zoning Commission approve the PUD Amendment for the proposed mini-golf course and deny the PUD Amendment for the conversion of commercial and condo meeting room space to one (1)free-market unit. Attached as Exhibit F is the Staff Memo to the Planning and Zoning Commission from December 5, 2006 outlining the reasons for these recommendations. Planning and Zoning Commission Summary At their December 5, 2006 hearing, the Planning and Zoning Commission split the request into two Resolutions -one dealing with the construction of the mini-golf course, and one dealing with the conversion of commercial and condo space to one (1) free- market unit. The Planning and Zoning Commission voted to approve Resolution No. 33, Series 2006 which approved a PUD Amendment to allow for the construction of a mini- golf course at Highlands. The vote was four (4) to one (1) in favor of the motion. (See Exhibit B, Minutes from the December S, 2006 Planning and Zoning Commission public hearing.) At the same meeting the Commission voted to approve Resolution No. 34, Series 2006, which would have approved a PUD Amendment to allow for achange-in-use from commercial space and condo meeting room space to free-market residential space in ~~ ~. ~., Building 2 of the Highlands PUD. The motion did not pass, with a vote of two (2) in favor and three (3) against. According to the Land Use Code, this constituted a "failed motion." (See Exhibit B, Minutes from the December S, 2006 Planning and Zoning Commission public hearing.) Staff should have directed the Commission to make a motion to deny the proposed change-in-use in Building 2. This would have constituted an "action" as is required in the Land Use Code (see section 26.212.050, Quorum and necessary vote). Because this was not done, the Commission did not take action, as is required by the Land Use Code, which prompted Staff to request the Commission make a Motion of Reconsideration at the Commission's December 19, 2006 meeting. This Motion of Reconsideration was made for the change-in-use from Commercial and Condo Meeting Room spaces to one (1)free-market residential unit (Resolution 34, Series 2006). The Motion of Reconsideration passed four (4) to zero (0). Staff provided a revised Resolution 34, Series 2006 for the Planning and Zoning Commission to approve. The Resolution was worded to deny the proposed PUD Amendment to convert the commercial and condo meeting room spaces in Building 2 to one (1)free-market unit, as was the intention of the voting that occurred at the December 5, 2006 public hearing. One (1) Commissioner at the December 19, 2006 public hearing was not present for the original December 5, 2006 public hearing and requested to abstain from the vote. City Attorney John Worcester stated the public hearing could be continued to a later date so that all the Commissioners could vote on the Resolution. The public hearing was continued to January 2, 2007. (See Exhibit C, Minutes from the December 19, 2006 Planning and Zoning Commission public hearing.) At the January 2, 2007 public hearing, Staff recommended against the PUD Amendment. The Applicant suggested revising their application to request a conversion of the Condo meeting room space to commercial space in order to make the space more viable. Staff and the Applicant stated they needed more time to determine if this option complied with the Land Use Code, and the public hearing was- continued to February 6, 2007. (See Exhibit D, Minutes from the January 2, 2007 Planning and Zoning Commission public hearing.) At the February 6, 2007 public hearing, Staff informed the Planning and Zoning Commission that there were no commercial allotments left in the 2006 Growth Management year, so the Applicant was unable to amend their application. The Planning and Zoning Commission voted to approve Resolution 34, Series 2006 to deny the requested PUD Amendment. This motion failed with a two (2) to three (3) vote. The Commission reconsidered the motion and made a new motion to approve Resolution 34, Series 2006 to approve the requested PUD Amendment. This motion passed with a three (3) to two (2) vote. (See Exhibit E, Minutes from the February 6, 2007 Planning and Zoning Commission public hearing, and Exhibit G, Planning and Zoning Commission Resolution 34, Series 2006.) -~ SUBDIVISION: The Applicant is requesting a subdivision amendment because the conversion in the commercial space and condominium meeting room space in Building 2 to one (1) free- market residential unit will result in the creation of amulti-family dwelling unit and requires an amendment to the approved plat (See definitions for "dwelling, multi family" and "subdivision" in section 26.104.100 of the Land Use Code). The unit will need to be condominiumized in order to demarcate ownership. Once construction is nearly completed but prior to issuance of a Certificate of Occupancy, the Applicant must file a revised condominium plat and associated documents for review and approval by the City Engineer and Community Development Director. (See Exhibit A, Review Criteria.) In reviewing the subdivision portion of the application, Staff finds that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.080(B), Amendment to subdivision development order, Other Amendment. The review criteria for an "Other Amendment" only require that the change complies with the approved plat. Staff finds that the proposed changes are internal and comply with the approved plat. Staff recommends approval of the Subdivision Other Amendment. CITY MANAGER COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Ordinance No. ~, Series of 2007 upon first reading." EXHIBIT A -Review Criteria EXHIBIT B -Minutes from the December 5, 2006 Planning and Zoning Commission public hearing EXHIBIT C -Minutes from the December 12, 2006 Planning and Zoning Commission public hearing EXHIBIT D -Minutes from the January 2, 2007 Planning and Zoning Commission public hearing EXHIBIT E -Minutes from the February 6, 2007 Planning and Zoning Commission public hearing EXHIBIT F -Staff Memo from the December 5, 2006 Planning and Zoning Commission meeting EXHIBIT G -Planning and Zoning Commission Resolution 34, Series 2006 approving a PUD Amendment for conversion in use at Highlands EXHIBIT H -Citizen Letter from Georgia Hanson ORDINANCE NO.8 - 2007 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS A SUBDIVISION AND CONDOMINIUMIZATION AMENDMENT ASSOCIATED WITH A CONVERSION CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to convert one (1) commercial space and a condominium meeting space in Building 2 to one (1)free-market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of commercial and condominium meeting space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on February 6, 2006, the Planning and Zoning Commission approved Resolution No. 34 Series of 2006, by a two to three (3 - 2) vote, approving a Substantial PUD Amendment for the conversion of commercial and condominium meeting space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential; and, WHEREAS, upon review of the Subdivision Other Amendment request, the Community Development Department recommended approval of the Subdivision amendment request; and, WHEREAS, on March 26~', 2007 the Aspen City Council approved Ordinance No. 8, Series 2007, on First Reading by a four to zero (4-0) vote, approving with conditions a Subdivision Amendment and Condominiumization of 133 Prospector Street, City of Aspen, CO; and, WHEREAS, during a duly noticed public hearing on April 9~', 2006, the Aspen City Council approved Ordinance No. 8, Series 2007, by a _ to _ (_-~ vote, approving with conditions a Subdivision Amendment and Condominiumization of 133 Prospector Street, City of Aspen, CO; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, Ordinance No. 8, Series 2007 Page 1 WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions a subdivision and condominiumization amendment associated with a conversion condominium meeting room space and commercial space to one (1) free-market unit for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council approves a Subdivision Other Amendment for the conversion in use. The Applicant shall record a revised plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to the Certificate of Occupancy. Section 3: PUD Plat and Agreement 1. An Amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C), as determined to be necessary by the Community Development Department. 2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final condominium plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. Ordinance No. 8, Series 2007 Page 2 `~/ c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. A construction noise suppression plan submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. e. A construction management plan (CMP), pursuant to the Building and Engineering Department requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The CMP shall meet all the requirements described in Section & of this resolution. f. Accessibility and ADA requirements shall meet adopted building code requirements. Section 5: Dimensional Requirements The proposed development as presented in the plans contained within the application dated May 24, 2006 and the application amendment dated November 15, 2006, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 6: Trash/Utility Service Area All trash containers used in construction shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. All other trash/utility service areas shall comply with previous approvals in the PUD. Section 7: Construction Management A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of--ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required if the City's right- of-way is used for construction purposes. Ordinance No. 8, Series 2007 Page 3 ,~ ,^^•• ~~ Section 11 • Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in affect at the time of building permit submittal. Section 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees All impact fees in effect at the time of building permit, as applicable, shall be paid prior to the issuance of a building permit. Section 14: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 34, Series of 2006 and herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Road, City of Aspen, CO, by Ordinance No. 8, Series of 2007, of the Aspen City Council. Section 15: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 16: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. 8, Series 2007 Page 4 ~ ~ .... Section 17: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 18: A public hearing on the ordinance shall be held on the 9"' day of April, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of March, 2007. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 9~' day of April, 2007. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney G:\city\Jessica\Cases\AHV PUD Amend\Substantial\Council\second reading\AHV Council Second Reading_Ordinance 03 26 07.doc Ordinance No. 8, Series 2007 Page 5 ~^^^~ EXHIBIT A -SUBDIVISION OTHER AMENDMENT Any other amendment shall be approved by proposed change is consistent with the appro the City Council, provided that the ved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. The proposed conversion from commercial and condo meeting room spaces to one (1) free-market residence is an internal change that is consistent with the approved plat. The applicant must file a revised condominium plat upon completion of the conversion and prior to a Certificate of Occupancy. Staff finds the Subdivision Amendment for the conversion in use is consistent with the approved plat. Staff finds this criterion to be met. Exhibit A -Subdivision Review Criteria Page 1 r • .. •. ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER O5, 2006 Jasmine Tygre opened the regular Aspen Planning & Zoning Meeting in Sister Cities at 4:30pm. Members Ruth Kruger, Dylan Johns, Steve Skadron, Brian ck (4:40} and jasmine Tygre were present. John Rowland was excused Staff in at dance were: Community Development, Joyce Allgaier and Jessi Garrow John Wo .ter, City Attorney; Jackie Lothian, Deputy City Clerk. COMMENTS Jasmine Tygre said t e was an ad in the Sunday Daily Ne paper for the Dancing Bear Residence at said "it's a place where yo neighbors are friends not hotel guests". Tygre ask what do you think thes nits are if they are rented out if they are not being used by people who bo ht them; is what was supposed to be a hotbed. Tygre sai obably n ut hoped that the code revisions would address these kinds of issues. Jo e A aier said that she notified them in writing that their application specifically s ' that they would list the units with a rental company and do that pro-actively. MINUTES The minutes from 11 /07 and 11 / were postponed un ' the next meeting. Steve Skadron noted a correction o age 6 of the 11/07 minute The correction was made. DECLARATION O CONFLICTS OF INTEREST Dylan Johns said was conflicted on the Lodge at Aspen and Smugg Racquet because of pen ' g business deals with the one of the parties involved in e h of those project Ruth Kruger said that she was conflicted on the Lodge also. John Worcester ed if Ruth was currently employed by the Lodge or had a financial interest i the outcome. Kruger replied no. Worcester suggested that she did not have a onflict. PUBLIC HEARING (11 /21): ASPEN HIGHLANDS VILLAGE PUD AMENDMENT Jasmine Tygre opened the public hearing for the Aspen Highlands Village PUD Amendment. Jessica Garrow said that notice had been provided at the previous meeting. Garrow said that Hines Highlands Limited Partnership was the applicant represented by Glen Horn; the application required 21and use reviews. The first was a substantial PUD Amendment to construct a mini golf course and a change in use from Retail to Free-market Residential. Staff recommended in favor of the mini golf course and against the change in use in building 2 and the associated subdivision. ~.1 aF~ ,.~. T_..~........,.,,...,..........,. __._._. ,........ :__..._....._ err ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER O5, 2006 Garrow said the miniature golf course was proposed between buildings 2 and 4 and the area was skier access so it was unencumbered by any structures; the mini golf course was designed to continue the current use in the winter on it. Because of this staff found this was consistent with the existing plat and did not require a subdivision approval for the mini golf course portion of the application. Staff found the mini golf course was consistent with the approved PUD and met all applicable review criteria; it will increase the vitality of area by providing an attraction in the summer months and met the goals and economic sustainability sections of the Aspen Area Community Plan. Garrow said the change in use was to change 1 retail space to lfree-market unit (4 bedroom unit), which does not need a growth management allotment because the development right was approved in the original PUD and the town home was never built so the right exists. Garrow said the proposed unit was located on the 1 ~` floor of building 2, which contained other residential units all above the 1 S` floor and the Ritz was located in this building. Staff recommended against the change in use because it does not meet the goals of the Aspen Area Community Plan. Staff felt that the retail space was at grade along the Highlands main pedestrian area and was intended and best functioned as retail space. Staff felt that residential would decrease the vitality of the area. Garrow said that the change in use will adversely affect future development in the area; the retail space was currently vacant and staff felt that in the future the space will be filled with retail or office. There were other free-market homes being built in the area. Glen Horn said Bob Daniel, Kevin Dunnett and Donna Grower were from Hines Highlands Limited Partnership and were available to respond to questions. Andy Reagan was the leasing agent for the retail spaces at Highlands. Horn stated that the retail space was an un-built space and there was an approved town house for the village neighborhood, which would be transferred to the Village core of Aspen Highlands. Horn said this was a conversion of vacant retail space that has never been occupied to a residential use and there was no growth management allotment necessary because it was already granted for another unit in the project. Horn said that all of the mitigation for this unit already exists; the transportation, air quality, and the housing. Horn said that development of the mini golf course was to get more activity going in the summer at the base of Highlands and were not unusual to see at the base of ski areas in the summertime. Horn provided the history of Highlands beginning with Whip Jones and Gerald Hines then the Pitkin County approvals and the annexation into the City of Aspen. ~~~$,~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER OS, 2006 Horn said that there was a S year public review process that entailed some l OS public meetings; the plan evolved in the review process to what you see today. Horn said that this project continues to evolve from the mountain to the base area; this proposal from the applicant was to fine tune this project to make it more successful and viable rather than having empty commercial space in the base area. Horn said out of the 190 approved units 112 were affordable housing units; there were 73 tourist accommodation units, 14,000 square feet in restaurant space. Horn noted that all the mitigation required by the city and county has been done and audits have been done. Horn displayed a photo of the Village Core and explained what was where; there was residential on the first floor and showed where it was located. Horn explained the pedestrian pattern and the vacant retail space located in building 2, which was proposed for the change to residential (on the west side of the building). Horn explained the uses in buildings 3, S, 7, 2, 4 and 8 that shows a mixed use project. Horn said there was a merchants association that was responsible for the summer activities such as the movies and other activities. Horn said that there were about 105 to 110 days a year when Aspen Highlands Village was loaded with people going to the ski area. Horn said they do not consider this change to be a significant change in the PUD; the PUD was found to be consistent with the Aspen Area Community Plan and compliance with the code at the time it was approved. Horn walked through the 8 focus areas of the Aspen Area Community plan; the last two numbers 7 and 8 were primarily orientated towards the townsite of Aspen; consistency of architecture with the historic structures and historic character of the town. The design issues address within the built environment of the townsite of Aspen. Horn said the focus area of managing growth, transportation, housing, economic sustainability, parks, open space and environment and the arts, culture and education. Horn said the Aspen Highlands project was the most successful transfer of development rights of most projects; 20 TDRs were transferred from the county's rural and remote district to within the urban growth boundary to Aspen Highlands Village, so this was consistent with managing growth. Horn said that the transportation needs have been met as well as the affordable housing with a 60/40 project at the base of a ski area. There was a Nordic Trail connection that links it to the Moore Trails, the Aspen Valley Ski Club House, the High School Lift, and the donation of approximately 13 acres of Maroon Creek bottom land to the County for Open Space. The project provides all of the dormitory housing in building 4 and dedicated to use by MAA in the summertime; in the winter it was used by Ski Company employees. Horn said that this project was still consistent with the Aspen Area Community Plan and felt it was better to have an occupied residential space in building 2 rather than to have an unused vacant retail space. ~~.~ V ~~~ 1E~i .~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER O5, 2006 Bob Daniel said that building 5 had a residential component on the ground floor so virtually in every building within the community there was residential units on the ground floor. Daniel said that they have been trying to rent this particular retail space between 4 and 5 years. Andy Regan with Snowmass Real Estate Company said that she has been doing the leasing at Aspen Highlands for about 1'/z years and it was not an easy job; there were plenty of people looking but can't be there if they require foot traffic so basically people were looking to pay no rent. Regan said it was difficult to rent the retail space. Kevin Dunnett said the plan for the golf course was preliminary with 18 holes without the oid school kitschy golf course but this would challenge the serious golfer down to little kids. Dunnett said there would be nice wild flower plantings in between the holes; it will be a nice addition for everybody. Dunnett said that Copper Mountain and Beaver Creek have courses that were really busy with a lot of energy surrounding the golf course. Steve Skadron asked about the previous PUD Amendments and where was the FAR moved around to. Garrow replied that it was in the free market units; moving a few hundred square feet from one to another but never reached the retail spaces. Skadron asked how the Ritz defined tourist accommodations. Daniel said the concept was imbedded in the PUD where there was a requirement that unit can't be occupied more than 30 consecutive days during the high season or within 90 days in a calendar year. Horn said there was central management that would be typically provided by a hotel; a concierge, room service and check-in. Skadron asked if those units go into the rental pool. Horn replied they were available in a rental pool through the Ritz. Skadron asked if there were topographical changes on the golf course. Dunnett replied the average slopes were challenging at the toe of the hill from Iguanas deck and they will concentrate most of the holes in the flat area with slight terracing as the grading gets steeper maneuvering the holes parallel with the slope. Skadron asked the total FAR for the 112 units. Horn replied there were 403,000 square feet ofnon-exempt floor area; the affordable housing in the Village core (townhouse neighborhoods and center} was 68,490 square feet, the Maroon neighborhood (west side} there was 13,570 square feet of affordable housing, the Thunderbowl neighborhood had 24,750 square feet of affordable housing. Daniel said that the tourist accommodation was 155,000 square feet. Horn said that in the county there were not floor area calculations in the mix and the TDRs get backed out also. ~z~b~tB,~H~f~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05, 2006 Dylan Johns asked if there were regulations for uses that could occupy ground floors in the building 2 space. Horn responded there were no prohibitions. Johns asked if there would be hardscaped areas with the golf course plan. Dunnett replied the holes were designed on concrete slab with exterior kind of durable carpet material. Dunnett did not have any photos or imagery for this course. Johns requested some imagery for this course to see how it manifests itself. Ruth Kruger stated that she was the rental agent for Aspen Highlands and spoke of listing the retail space and never being able to rent any of the spaces. Jasmine Tygre asked where the condo meeting room space was located in building 2. Horn replied there was a 700 to 800 square foot space reserved for the operation of the hotel and the space in building 2 has never been utilized for a meeting room. Daniel said that the Ritz Carlton built some meeting space internally in their building for their functions. Joyce Allgaier asked where the miniature golf course was staged from; where would one sign up to play, rent their clubs and pay the fee. Daniel responded that there was the potential linkage of food and beverage that would be anticipated for those services at the Ritz Carlton, which owns that space. No public comments. Tygre noted a letter from Tom Ward in the packet. Kruger commented that this particular space was very large with a number of different users that wanted to use it (hair salon, gym, furniture) but because of the parking situation during the winter the 450 parking spots were used for SkiCo. The space doesn't have that commercial user traffic and was somewhat dysfunctional as a retail space and has been vacant for 6 years; it would be viable as a residential space and supported the change. Kruger said it was a compatible use with the adjacent uses of the Ritz Carlton. Johns said there was shortage of office space and asked if there was a way to allocate some parking to this space. Daniel answered as a part of the entitlement they were restricted to 435 day skier parking spaces at the base of Aspen Highlands and it was a requirement of the PUD that those 435 spaces be paid parking and part of the transportation requirements. Garrow said that providing spaces would require a PUD Amendment. Johns said that he could not support the conversion to free-market residential without a more exhaustive way of showing that something like an office use wouldn't be able to work. Johns said for the golf ~~~ ~xh~br~~, ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05.2006 course he did not feel like he understood the manifestation of what it would be to know whether or not it would work. Johns said the hardscape would change the look of the base of the mountain and hopefully it would be a positive for the Village. Johns said that there did not seem to be a conflict with the miniature golf and the PUD. Johns said the conversion of the unit did have some conflicts with the Aspen Area Community Plan. Skadron shared some of Dylan's concerns and was sensitive to the difficulty in making retail work at Aspen Highlands and converting this to residential would forever prevent it from becoming something that might possibly be economically viable. Skadron said the golf course would be a great addition to summer activity at Aspen Highlands; he had no objections to it. Brian Speck sympathized with the planning of Highlands. Speck liked the golf course to keep bring people into the community. Speck felt that changing the retail use was disastrous to the pedestrian make-up for the future but he also saw the argument for it. Kruger said that this was a disastrous situation for parking. Kruger stated the miniature golf course was a great idea. Tygre asked where the people would park if that space was converted to residential. Daniel said as a part of the PUD there were a certain number of spaces for the day skier parking structure and under the plate there was parking for the tourist accommodations, affordable housing and an allotment of about 1 space per 1500 square feet of commercial space. Tygre asked how big the free-market residential unit was. Garrow replied approximately 3200 square feet. Daniel said there were about 3 parking spaces if it were residential and if it were commercial there were 4-5 parking spaces available but not for shoppers. Tygre stated concern for changing PUDs. Tygre said the City P&Z carne in afterward because the County was the reviewing body; the project was annexed after the county approvals and the results may not have been what a lot of people hoped for. Tygre said that despite her aversion to the change in use, she could not see how a commercial use would bring a lot of vitality because there would be the need for pedestrian activity and parking to make be vital; an office would not bring any vitality to the area or would residential. Tygre said that she would hate to see another request in the future to add commercial space after this retail space were converted to residential. Tygre said the mini golf course would be helpful to bring people into that area in the summertime and agreed with Dylan on obtaining more detail about the way it would affect the pedestrian experience. Tygre suggested separating the issues. ~xl~ibit ~, bo~~- `r.d' ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05, 2006 MOTION: Ruth Kruger moved to approve Resolution #33, series of 2006 to approve a substantial PUD Amendment for the construction of a mini-golf course and to approve arequested-PUD Amendment for the conversion of retail /condominium meeting space to one free-market residential unit at 133 Prospector Road. The resolution further recommends to City Council the approval of the requested subdivision associated with the conversion of the office/retail to free market residential. No second -motion dies. Skadron requested a schematic for more detail on the golf course prior to approval for it. Johns felt that he could support the golf course as long as it did not become too Disney. MDTION.• Dylan Johns moved to approve the resolution to approve a substantial PUD Amendment for the construction of a mini golf course; seconded by Brian Speck. Roll call vote: Kruger, yes; Skadron, no; Johns, yes; Speck, yes; Tygre, yes. APPROVED 4-1. MOTION.• Dylan Johns moved to approve the resolution to approve the requested PUD Amendment for the conversion of retail/condominium meeting space to one free market at 133 Prospector Road. The resolution further recommends to City Council the approval of the requested subdivision associated with the conversion of the office/retail to free market residential with the restriction of a maximum of 3 parking spaces allotted to that free market unit. Seconded by Ruth Kruger. Roll call vote: Speck, no; Skadron, no; Johns, no; Kruger, yes; Tygre, yes. DENIED 3-2. PUiBLIC HEARING: SMUG R RAC UET CLUB MDTION.• Ru ruger moved to continue the Smu r Racquet Club Conceptual PUD to ember 19'h; seconded by e Skadron. All in favor. PUBLIC HEARING: Jasmine Tygre opene a public hearing fort dge at Aspen and explained due to time con nts there would just be a presenta ' by the applicant and no public co nts. The public notice was provided. Joyce ier said that she would present the staff analysis at the next meeting. E~1~~,t$~ py~o~i- ----- ...._.__.___ _ -- ~at.Ylil1]l~ ~ 1 ~, ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 19, 200b Ruth PUBLIC an moved to continue . ~`ugg er uet Club PUD to January d„ r~i~ed by John land. A avc MOTION FOR THE RECONSIDERATION REGARDING THE ASPEN ffiGHLANDS VILLAGE PUD ACTION ON 12/05/06 Ruth Kruger opened the hearing for the reconsideration ofthe Aspen Highlands Village PUD action taken on December 5`.''. Jessica Garrow said that staff would like to clarify the record as explained in the memo staff was operating under a code interpretation that has since been overturned by Council. Garrow said that staff would like a motion to reconsider and then another motion to approve the resolution to deny the change in retail space to free-market residential. John Worcester said the motion to reconsider needed to be made by someone in the majority who voted as part of the 3 (Dylan, Steve, Brian) to 2. MOTION: Steve Skadron moved to reconsider the change in use portion of the Aspen Highlands, PUD Amendment and Subdivision; seconded by Dylan Johns. Roll call vote: Rowland, yes; Skadron, yes; Johns, yes; Kruger, yes. APPROVED. Ruth Kruger explained the reason for this reconsideration was that the process has changed. Jessica Garrow said that the code interpretation regarding a failed motion was that no action was taken; then a new motion would have to be made would have been approved. Joyce Allgaier said the regulations that were in place at the time that the meeting was held, so the commission needed to make a recommendation to deny the application instead of doing it in the affirmative and having it come out to a 3-2 vote. Allgaier said the revised resolution was now worded to deny the application; staff was clarifying. John Worcester said the Sky Hotel was a tie vote and through Robert's Rules of Orders a tie vote was a failed motion or the motion was lost. Worcester said that in the Land Use Code the P&Z was to approve, approve with conditions or deny; there was an obligation to take some action. Worcester said that City Council has always been under the impression that a failed motion mounted to denial; the charter required that an Ordinance be approved by a majority vote of 3. Worcester said to clarify the record staff asked the commission to vote to deny the application, which would be an action taken. F'~ IoFz- ASPEN PLANNING & ZONING COMIVIISSION -MINUTES DECEMBER 19, 2006 MOTION: Dylan Johns moved to approve Resolution #34, Series of 2006 to deny a Substantial PUD Amendment for the conversion of retail/condominium meeting space to one free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of the oj~ce /retail space to free-market residential. Steve Skadron seconded. The motion was withdrawn. Glen Horn explained that the allotment for the residential has already been granted to the project and the applicant and developer chose not to develop that townhouse; all of the mitigation associated with that unit has been done. Horn asked that the commission not approve this resolution. There were no public comments. Kruger reiterated that she could not see this becoming a viable retail space by virtue of the fact that there was no parking; it was a very large space that has been marketed for 6 years as a retail space and not rented. Kruger said this was not a lively retail space that could not be given away. Dylan Johns asked how it was marketed as office space with parking spaces for employees versus a retail space. Kruger said that she did not market it as office space during the time that she had the property listed. Johns said that was his point he did not think that it was marketed extensively as office or commercial space; to lose that at this point was counter to where the commission was trying to go to in other areas. Johns said that if there was still the free-market growth allotment he would rather see that come back to figure out where to put that residential space and figure out how to re- allocate this space for something within the town (that area) to try and make it work. Kruger asked Glen if the old Hines Office space was being marketed and that space was still vacant. Horn replied that he was not-sure how that space was being marketed as an office space; the objective was to have more retail type uses that were accessory to the ski area as the primary function, which was the goal to generate life and activity. Horn said the old Hines office space had been sold. Horn said that a residential use would generate more activity than an office at the base of ski area. Kruger suggested continuing the hearing so that answers could be given. Worcester said the proper way to proceed was to continue the hearing rather than abstain on a vote because the commissions and boards had an obligation to vote. MOTION.• John Rowland moved to continue the hearing for the reconsideration of the Aspen Highlands PIID Amendment to January 2"d; seconded by Dylan Johns. All in favor, APPROVED. ~~~ ~, __~.. _ . _.:_.~_.._---.--.---.-__ --~~i}- ~D ~~.,~ ASPEN PLANNING & ZONING COMMISSION -MINUTES JANUARY 02.2007 Steve Skadron said that he was sensitive to the application of globally lying design standards but he could not support the variances because h eed with staff. Skadron said that he thought there was a way to reconfi e this development to meet the constraints of the property. Rowland agreed with Dylan on this and apolo ed to staff for not agreeing wit em. Rowland said he did not think there ' ential design guidelines should be bl ting all the parcels in town; there to be some flexibility. Ruth Kruger 'd that she typically s orted staff recommendations however the rear garages wer ore appropri for areas with alleyways and there was no alley access to this prope uge greed with Dylan's comments on the appropriate design or pattern of the bu ngs and this was consistent with the neighborhood and there were site con ints 'ch would allow support of this variance. MOTION.• John owland moved to app Resolution #002, series 2007 approving the ee (3} Residential Design Sta ds variances requested by Gideon Kau an to construct a duplex on the proper Gated 1130 Cemetery Lane; se nded by Dylan Johns. Roll call vote: Skadron, ohns, yes; Rowla ,yes; Kruger, yes. APPROVED 3-1. PUBLIC HEARING: MOTION TO RECONSIDER ASPEN HIGHLANDS VILLAGE PUD AMENDMENT ACTION Ruth Kruger opened the continued hearing for the motion to reconsider Aspen Highlands Village PUD Amendment Action. Jessica Garrow noted this was the continuance of the reconsideration for a change in use in Building 2 at Aspen Highlands PUD. At the hearing on December 5th Hearing P&Z voted to approve an amendment to the PUD for the construction of a mini golf course at that same hearing P&Z voted 2 in favor and 3 against on a resolution to approve a change in use for Building 2. At the December 19th Planning & Zoning Meeting staff requested that the commission make a motion to reconsider the application in order to clarify the action that had been taken on December 5th. Staff felt this was needed because at the time of the December 5th meeting they were operating under an interpretation that said that a motion that did not pass with a positive vote then it was not an action and ali boards need to take an action. Garrow said that there was a request to reconsider the motion and it was determined that the meeting needed. to be continued to today for all of the board members to get up to speed. Staff does not support the change in use because it p~'°FH _.__. ASPEN PLANNING & ZONING COMMISSION -MINUTES JANUARY 02, 2007 does not meet the goals of the AACP; the PUD was approved with a certain amount of mixed use including a certain amount of retail space. Garrow said this change in use would eliminate 15% of the existing retail space at Highlands; this space was at grade in a prominent location along the pedestrian walkway and staff did not feel this was an appropriate location for residential space. Garrow stated the resolution was worded to deny so the record was clear. Glen Horn said that Bob Daniel can speak to some of Dylan's questions about leasing this space and the issues associated with that. Bob Daniel representing the applicant stated that they have tried to get retail into that space and recently they have turned to office space use. Daniel asked for the commission to weigh does commercial space end up with the same result as retail or is it closer to a free market residential unit in terms of usage. Daniel said that parking was a limiting factor to the marketing of that space for commercial; it was a relatively big space with between 4 and 6 parking spaces in the parking structure allotted to that space, which limits what type of tenant can be placed in that space. John Rowland said there was talk about rent ability and length of time the space has been vacant. Horn replied that it has been vacant ever since they received the certificate of occupancy, which was in 2002. Horn said 1125 square feet of this space was identified for a condominium meeting room, the remainder of the space was given a CO for commercial space. Horn said no interior partition walls have been installed it was all one space (3200 square feet plus the 1125 square feet). Horn said the Condominium meeting space was never acquired by the Ritz Carlton for meeting space. Rowland asked what the last marketing effort to rent it was. Daniel replied that in general there were food services and other commercial that do not require foot traffic; one of the biggest expenses at Highlands was the common area maintenance because of the service that Highlands provides, which was between $12.00 and $17.00 a square foot before base rent. Dylan Johns asked if the landlord was paying the CAM (condo association maintenance). Daniel replied currently; it was much like dues for a homeowners common area expenses and would not increase the CAM costs for the other retailers or homeowners. Kruger said what makes the maintenance costs so high is that everything is snow melted. Public Comments: 1. George Sabinski stated that he owned 5 properties at Aspen Highland Village and was a member of the town home association; he just learned about this from the newspaper yesterday and was not notified of this change in use. Sabinski said the applicant has done a great job with this planned unit development;, a terrific Exhib~tD,~ Lc~N ASPEN PLANNING & ZONING COMMISSION -MINUTES JANUARY 02, 2007 concept and example of partnership between the developer and the municipality to create a new and vibrant community with a whole new village. Sabinski suggested postponing the change in use vote because the stakeholders who have invested in these units would like to work with the developer to create the .vitality and vibrancy that was originally anticipated and promised to these stakeholders. Steve Skadron said his feelings for a change in use from retail to free market does contradict the original intent of the PUD and he could not support this. Skadron said it serves to eliminate the possibility of any kind vitality in the future. Dylan Johns stated there were things that could be done to potentially use this space; the parking situation was not any worse than downtown Aspen. Johns said that if it were rented as office space it would be potentially a lot easier to convert from office back to retail space. Johns said that he was not at a point where all other avenues have been exhausted. John Rowland said that he loved Highlands Ski Area but he believed the Village had some shortcomings that need to be addressed to get that vitality. Rowland suggested that this building obtain a mixed use. Garrow responded that it was a PUD. Rowland said that he would like to ensure flexibility in whatever vote was taken. Ruth Kruger agreed that once it was converted to residential it would remain residential. Kruger said with the amount of square footage of this space it could maybe house 40 people in an office and she said it would bring vitality but she doubted that 40 people would take the bus to Highlands to go to work. Kruger said some people think once you get outside the round about that you could be,in another state. Kruger said this space has been vacant for 4 years and she couldn't give the space away; they did a lot of marketing. Johns said that he did not disagree that it would be a tough retail space to fill. Kruger said it was in the Ritz building adjacent to residential at the end of the mall; she said there was no walk by traffic but rather a destination location with no parking. Kruger said it was social engineering to have parking this way and it was not a functional retail location. Kruger said it would be a great idea to make it mixed use. Johns said that he wanted further options. Horn said that Bob would pursue the office option because if you got someone there you would not loose it forever to residential; it would be commercial. Horn asked if that condo meeting room switches to the category of commercial thereby making it in the commercial/office pool. Horn said that they and staff could write a recommendation. Daniel said that 1125 square feet conversion could off set ~xyybi} D, p~3eFy - --_-..., .. rs ASPEN PLANNING & ZONING COMMISSION -- MINUTES JANUARY 02.2007 some costs. Johns asked if the space has been finished. Daniel provided the history on the space, which was a condominium room that was attached to that building that was anticipated that the 73 tourist accommodation units would be in a pool and might need a meeting space but subsequently they went through timeshare approval process. Daniel said that after the PUD and Timeshare approval they did not want this meeting space and did not need the space because they had other meeting space. Hom said that they could write that up. Chris Bendon said this was a good solution because it does not remove the commercial space as a long term consequence for the potential vitality and staff viewed this as an interesting opportunity. Bendon provided option to proceed as analyzing the proposal and the credits for mitigation and come back with a more formal response; another option in terms of how to proceed would be, if comfortable with the proposal, would be to make a motion contingent on the representations concerning employee mitigation and you could see the follow up resolution. Bendon said if the commission wanted to see a staff response to a formal proposal then this hearing could be continued. Skadron asked if there was a definition of commercial. Bendon responded that staff would add to this. Garrow replied in the PUD there was a list of what can go in the spaces, which can be provided. Johns said that assuming the credits were there he didn't need a lot of documentation. Daniel said they were documented with Housing. MOTION: Dylan Johns moved to continue the public hearing for the Aspen Highlands to February 61h; seconded by Steve Skadron. All in favor, APPROVED. Meeting adjourned. ~:~ ti~~ _ r kie Lothian, Deputy City Clerk Exn~nrt~ ~yti~++ .. •. •t r ~,V . ~, ... Aspen Planning & Zoning Commission Meeting -Minutes - February 6, 2007 Asp Street was not very encouraging with regards to traffic. Hughes responded that 's project would be in a 3 year period with 6 month phases of construction; there w be access to South Aspen Street. Hughes said there would be a signif cant ount of utility work with only 3 intersection closures at 3 independent t s during the summer period and the road will be ope tall times while they worke the right-of--way or during the structural phase .Hughes said when they do the road elf they have a plan to keep half of the r d open with traffic control,.which was ntained in the construction manag ent plan. Skadron said that exceeding the ceptional review crite ' was a considerable attempt to pioneer new approaches problems in pro' cts like this and will result in a good project and more important for projec oming in behind this one. Skadron supported this project and appr iativ fall of the efforts. Kruger reinforced what Steve said ands w delighted to see the last stage of the final approval; this was the most imp ant loca ' n in town because it was the original lift and gateway to the mo taro. Kruger s pleased that they were going above and beyond in the cons tion management p ,above and beyond in the housing requirements and i e environmental require nts. Rowland said that the oints that his fellow commissioners ~ on for the exceptional projec as great on a challenging site with a ch ing building. MOTION. teve Skadron moved to approve the Resolution #003, ries of 2007, recomm ding that City Council approve with conditions, the Lodge spen Mou gin Final PAID and associated land use actions, seconded by John Rowland. call: Speck, yes; Rowland, yes; Skadron, yes; .Kruger, yes. APPROVED 4-0. CONTINUED PUBLIC HEARING: ASPEN HIGHLANDS VILLAGE SUBSTANTIAL PUD Ruth Kruger opened the continued public hearing for the Aspen Highlands Village PUD. Jessica Garrow said this was the public hearing for the conversion in use for a condo space and commercial space to a free market unit in Highlands PUD. Garrow said the applicant proposed changing the condo space to a commercial space and the commission asked for staff and the applicant to return with more information. Garrow said unfortunately there were no growth management allotments left for the commercial space from the 2006 growth management year. Ganrow said now we were back to the original request to convert the condo space and commercial space to a free market unit. Staff still recommended against this conversion in use because it does not meet the Aspen Area Community Plan, does not meet the intent of the base village and the conversion to a free market unit has ~9 ~°~3 ____ _ ._..__..._. E~,.r Aspen Planning & Zoning Commission Meeting -Minutes -February 6, 2007 a long term negative impact on the vitality of this area; it does not meet the PUD review criteria. Garrow explained the resolution was to deny this project. Dylan Johns asked why they need the growth allotments because these were not new spaces. Garrow replied that the condo space was not net leaseable space so the allotment was needed. Allgaier clarified that the year starts out with a certain allocation, which gets whittled away by various applications that were pending but by the time this project would be allocated there would not be any square feet left in that allocation. The Commissioners agreed that this was not growth because the space already existed. Bob Daniel stated the space was built over four years ago and was fully mitigated for as was the balance of Aspen Highlands as it related to the principal matrix, which was affordable housing in the community. Daniel said an audit showed they were in excess of mitigation for the number of employees. Daniel understood that they were caught in a rule situation but to pay for another process would not be right. Glen Horn stated there was a flaw in the exemption in change in use and minor additions to a commercial building that should never be deduced from the quota because the basis for those exemptions was that there was no impact on the community. Johns said that the project before P&Z was not what he expected to see; he thought that there would be some conversion to some free market residential and still have a commercial component to it. Garrow said that the best solution for the applicant would be to continue this hearing to March 6`t`. Garrow said that the applicant could amend the application on March 1~` requesting the number of square feet to be converted into the commercial space and on March b`h hold the public hearing. Johns asked if P&Z could approve pending allotments opening up. Garrow replied they were in a current growth management allotment year and they would have to qualify as an exceptional project to be eligible for those allotments. MOTION: Dylan Johns moved to approve Resolution #34, series of 2006, to deny a substantial PUD amendment for the conversion of commercial/condominium meeting space in Building 2 to one (1) free market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial ofthe requested subdivision associated with the conversion of office/retail space to free market residential. Steve Skadron seconded. Roll call: Rowland, no; .Speck, no; Skadron, yes; Johns, yes; Kruger, no. DENIED 3-2. ~xr-b+~~ p~z~ ~,:.w ~,.: ,r Asuen Planning & Zoning Commission Meeting -Minutes - February 6, 2007 Discussion of first motion: Kruger said that she was still very much in favor of this conversion to residential space because there was no parking and to her it was the only logical use was for residential. Garrow requested a motion to reconsider the motion so that a yes would approve the request and a no would mean to deny the request. MOTION.• Steve Skadron moved to reconsider the motion just taken, seconded by John Rowland. All in favor, APPROVED. MOTION.• John Rowland moved to approve Resolution #34, series of 2006,. to approve a substantial PUD amendment for the conversion of commercial /condominium meeting space in Building 2 to one (1) free market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential unit. Steve Skadron seconded. Roll call: Johns, no; Rowland, yes; Speck, yes; Skadron, no; Kruger, yes. APPROVED 3-2. Meeting adjourned at 7 pm. kie Lothian, Deputy City Clerk E,~d+F~~ePs ,~" ~; Aspen lands Subdivision Amendment Exhibit F MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 33, Series 2006 -Public Hearing (Parce12735-142- 13-550/552) DATE: December 5, 2006 APPLICANT /OWNER: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. LOCATION: CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, commonly known as 133 Prospector Street. CURRENT ZONING & USE PUD including a mix of retail uses, free-market residential, and affordable housing. PROPOSED LAND USE: 1. Relocation of afree-market development right to an existing commercial space; 2. Creation of a mini-golf course STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the project in part, and deny the project in part. SUMMARY: Exhibit F Page 1 of 5 Photo of proposed mini-golf course area Photo of change-in-use area ~"" Aspen elands Subdivision Amendment Exhibit F LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Growth Management Exemption for a Change in Use pursuant to Land Use Code Section 26.470.040 C.S. (The Planning_and Zonin¢ Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). PUD Amendment for the relocation of an approved free-market unit, a change in use from retail to free-market residential, and the development of a mini-golf course pursuant to Land Use Code Section 26.445.100 B. (The Planning and Zoning_ Commission is the final review authority, who may approve, approve with conditions, or deny the proposal. The Applicant may appeal the decision to the City Council, in which case the Planning and Zoning Commission's decision shall be considered a recommendation to City Council). Additionally, the following land use requests will be reviewed and acted upon by the City Council: • Subdivision Amendment for the development of a mini-golf course and for the creation of two free-market units pursuant to Land Use Code Section 26.480 (CitX Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). PROJECT SUMMARY: The Applicant, Hines Highlands Limited Partnership, has requested the approvals necessary to make changes to the Aspen Highlands Village site specific development plan. The changes include converting existing retail space and condo meeting room space in Buildings 2 one free- market residential unit, and developing amini-golf course at the base of the ski slopes. The property is part of the Aspen Highlands Village PUD, which received final plat approval from the Pitkin County Board of County Commissioners in 1998. The area was annexed into the city in 2000. The proposed changes to the existing PUD include: • Converting existing retail spaces and a Condominium Meeting Room (Condo PH 2 Units C-2101, 2103, and 2104) in Building 2 to one free-market four bedroom residential dwelling unit. • Amending the Aspen Highlands Village PUD Plan to develop amini-golf course between Buildings 2 and 4. Exhibit F Page 2 of 5 ~`~°' Aspen lands Subdivision Amendment Exhibit F Table 1: Use Mi x A roved in the on inai ruL Seventy-three (73) tourist No Change Tourist accommodation units Accommodations Thirty-seven (37) Category 1 dorm No Change units (to house 61 people) ~ 4 Thirty one (~1) sr 1~ family detached ~ ' No Ghange - # °>^~ ~r1ce# `' ~ grits ~ wall free rnaficet d ~_~ s ~. ntral: ~ 1'hirt two 32 .fry trtarket.tbwnhouse ~ ( ~ : Y _ ;Relocate 1' no iricY~ase ~n ni~ber. ~ .;. ~ . f ~ ~ r ,~_~ ~ ~~~`~ ~ -. . ~ ~ _.~_ : dwel~ingurrits`~~ ~ _ offree-market un~ts~apprflyed) Twenty-two (22) four bedroom single No Change famil Cate o 4 affordable sale units One (1) three bedroom single family Category 4 affordable housing sale No Change units Affordable Eight (8) Category 1 and eight (8) Housing Category 2 one bedroom multi-family No Change sale units Two (2) Category 3 one bedroom No Change rental units Five (5) Category 3 two bedroom No Change rental units other Residential Ten (10) Care~ake~,f~wellirg,Units No Change six hundred Twenty-one thousand Decrease of 3,260 sq. ft. of NLA (21,600) square feet of retail space (approximately 15% decrease in NSA retails ace Fourteen thousand, one hundred Commercial twenty-five (14,125) square feet of No Change restaurants ace NLA Twelve thousand (12,000) square feet No Change of accessory skier services (NLA) Approximately 'I~~00 square feet. built' ~^~,~~~ _ - ,; = g are;feet of 0) an h th ~~ ~_. ~ ~ , ~ ~ .~_ '~. ~ - ~ . De~reaso'-af 700_sc~ f~ ~ 4~f ~_;- :5°/4 d~crea$e -rr centlo 146 ~ m g ~q s ree ous [T eondo~mmium m grooms tNL.A) . _~ ~ r. ~, ~ ~- ~etirlg room . m ~ s Meetin oo .g_ R . = ~ a roved In ~n -tia P~J~~` ~~ _ ~ z _ ~ ~~ .. ~- h _..,~ ~4 :~~„ ,_ _- ~ ~ -One thousand elg~~~~-undred (T~800) ; . ' ~ .~ ~ 3r`3 FTS., k' f" 'tom: '~ No Change ~ ~ ~ ~ ' A ~`' ~ ~ : s (NLA) : room :square feet of m~~tirig _ -. - . Four hundred fifty (450) parking spaces for the Aspen Highlands Ski No Change Area Parking Two hundred and thirty (230) off-street parking spaces for the affordable No Change housing and tourist accommodation units and AHV employees Exhibit F Page 3 of 5 ``°'~'' Aspen I~ilands Subdivision Amendment Exhibit F Two'` o~ a ~vvafi'~~lr~ (2 ~9a~ ~ ~5 ~ =~ ~ ;_ ~~~Qil ~ - ~.t~~.='v~~"'y~w ~F •r~C' i`~-`'H ~ t r,~ ~{~~~~'4~F7~Y~u ~ ~ :~-i:~`-,i ~~~}~ -- ~' is ' ; squa ~f~pt0}~1C1~F~~,S~ag$~1 ~~.~ er.'~-;~°., ,t-,'~ s~' ~ STAFF COMMENTS' The applicant has withdrawn a portion of the original application that would have required a Growth Management review. The original application would have required one (1) free-market residential allotment, but because all free-market allotments for this year have been assigned to other projects, the Applicant decided to withdraw that portion of the application. The portion still under review includes the proposed golf course, and the relocation of one, approved but un- built free market unit. The original PUD called for thirty-two (32) four-bedroom residential dwelling units. One of these was never built, leaving the applicant with a credit of one (1) four- bedroom free-market dwelling unit. The Applicant is able to build this unit without receiving a Growth Management review. Because the unit will not be built in the location approved in the PUD, a PUD Amendment is required. PUD AMENDMENT: As part of the land use review, the Applicant is requesting a PUD Amendment. The PUD review process is used to evaluate amendments to the original PUD. 1. Change-in-use from RetaiUMeeting Space to Free Market Residential The change-in-use from retail and condo meeting space is not consistent with the Aspen Area Community Plan. It will result in the elimination of approximately 46% of the existing Condominium meeting room space and the elimination of approximately 15% of the existing retail space. The Philosophy section of the Economic Sustainability chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change- in-use from retail to free-market residential contradicts this goal by eliminating retail space that would otherwise be available to local and external merchants. Staff finds the overall long-term success of Aspen relies on adequate availability of retail and office space. The proposed conversion will eliminate some of the few available retail and office spaces within the city's growth boundary. The Highlands PUD is mixed-use, so in general residential and retail spaces should be inter-mixed to create an area with vitality. By eliminating a portion of at-grade, slope- side retail space, the intended vitality is degraded. The proposed mini-golf course is adjacent to the retail space in Building 2 that is being proposed to turn into aFree-Market residential unit. Staff finds that the long-term vitality of the retail space can be enhanced by the mini-golf course and that Aspen is in need of retail and office spaces like the ones proposed to be eliminated in this application. Staff finds the change-in-use does not meet the criteria for a PUD Amendment. 2. Mini Golf Course The proposed mini-golf course will help increase vitality in the PUD and will provide an additional attraction for locals and visitors to Aspen. Staff finds the mini-golf course is consistent with the AACP and meets all the criteria for a PUD Amendment Exhibit F Page4of5 Aspen elands Subdivision Amendment Exhibit F In reviewing the PUD Other Amendment, the project meets the criteria in part and does not meet the criteria in part. The mini-golf course proposal meets all PUD review criteria, and will add an additional amenity to the community. The change-in-use does not meet the PUD review criteria, as it is not consistent with the original PUD approval, is not consistent with the AACP, and is not consistent with the surrounding uses. Staff recommends den in the change-in-use and approving the mini-golf course. SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval because the development of free market dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. The units will need to be condominiumized in order to demarcate ownership. Once construction is completed, the developer must file a condominium plat and documents approvable by the Community Development Director. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. The proposed change-in-use is interior to the buildings, and is therefore consistent with the approved plat. Staff recommends approving the subdivision for the chanQe- in use onl~~the change in use PUD Amendment for the change-in-use from retail and condo meeti~ space to free market residential units is granted by the Planning and ZonrnQ Commission. The proposed mini-golf course is an existing open area that is used as ski access in the winter months. The mini-golf course is consistent with the approved plat. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Housing Department, Environmental Health Department, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: In reviewing the proposal, Staff believes that the golf course portion of the project is generally consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code, while the Change-in-Use portion of the project is inconsistent with the goals of the AACP and the applicable review standards in the City Land Use Code. Staff recommends approval of the golf course portion of the project and denial of the Change-in-Use portion of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Resolution No._, Series of 2006, to approve of a Substantial PUD Amendment for the construction of a mini-golf course; and to approve the requested PUD Amendment for the conversion of retail/condominium meeting space to one (1) free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential." Exhibit F Page 5 of 5 Aspen Highlands Subdivision Amendment Exhibit G RESOLUTION N0.34 - 2006 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT; AND FURTHER RECOMMENDING THAT THE ASPEN CITY COUNCIL APPROVE A SUBDIVISION AND CONDOMINIUMIZATION ASSOCIATED WITH A OF CONVERSION CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to convert one (1) commercial space and a condominium meeting space in Building 2 to one (1)free-market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of commercial and condominium meeting space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and Zoning Commission did not pass Resolution No. 34 Series of 2006, by a two to three (2 - 3) vote, approving a Substantial PUD Amendment for the conversion of commercial and condominium meeting space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential; and, WHEREAS, the Planning and Zoning Commission approved a motion to reconsider the Application on December 19, 2006 in order to clarify the action taken on December 5, 2006 by a four to zero (4 - 0) vote; and, WHEREAS, upon reconsideration on December 19, 2006, the Planning and Zoning Commission moved to continue the reconsideration to January 2, 2007; and, WHEREAS, upon reconsideration on January 2, 2007, the Planning and Zoning Commission moved to continue the reconsideration to February 6, 2007; and, WHEREAS, upon reconsideration on February 6, 2007, the Planning and Zoning Commission approved Resolution No. 34 Series of 2006, by a three to two (3 - 2) vote, approving a Substantial PUD Amendment for the conversion of condominium meeting room space and commercial space in building 2 of the Aspen Highlands PUD to one (1) free market residential unit. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of condominium meeting room space to retail space; and, Resolution No. 34, Series 2006 Page 1 of 5 Aspen Highlan s Subdivision Amendment Exhibit G WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related subdivision/condominiumization requests meet the applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment for the conversion of condominium meeting space and commercial space in Building 2 of the Aspen Highlands PUD to one (1) free market residential unit; and further recommends that the Aspen City Council approve a subdivision and condominiumization associated with a conversion condominium meeting room space to retail space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a subdivision amendment for the conversion in use and that, should City Council grant subdivision approval, the Applicant shall record a revised subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to the Certificate of Occupancy. Section 3: PUD Plat and Agreement 1. An Amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C), as determined to be necessary by the Community Development Department. 2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final condominium plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. Resolution No. 34, Series 2006 Page 2 of 5 ~`"~ Aspen Highlands Subdivision Amendment Exhibit G Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. A construction noise suppression plan submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. e. A construction management plan (CMP), pursuant to the Building and Engineering Department requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The CMP shall meet all the requirements described in Section & of this resolution. £ Accessibility and ADA requirements shall meet adopted building code requirements. Section 5: Dimensional Requirements The proposed development as presented in the plans contained within the application dated May 24, 2006 and the application amendment dated November 15, 2006, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 6: Trash/Utility Service Area All trash containers used in construction shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. All other trash/utility service areas shall comply with previous approvals in the PUD. Section 7: Construction Management A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. Resolution No. 34, Series 2006 Page 3 of 5 ~ Aspen Highlan s Subdivision Amendment Exhibit G As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed- areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of--ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required if the City's right- of-way is used for construction purposes. Section 8• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 9• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th day of February, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Ruth Kruger, Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\AHV PUD Amend\Substantial\feb 6 2007 hearing\AHV conversion reso AS PASSED.doc Resolution No. 34, Series 2006 Page 4 of 5 ,mow., ,.;,~ Aspen Highlan`~s Subdivision Amendment Exhibit G Resolution No. 34, Series 2006 Page 5 of 5 E~iloit H ~. TO: Mayor Klanderud and Aspen City Council Through: Jessica Garrow, Planner RE: Highlands Village PUD Subdivision Amendment Dear Mayor and Council: I want to comment on the amendment currently being reviewed for Aspen Highlands Village, P.U.D. I feel eminently qualified to register a knowledgeable opinion on the subject because I attended every single meeting during the original approval process (over five years and two different government entities) and then spent four plus years passionately selling the dream of the village as a vibrant and flourishing community. I also live in adeed-restricted home on site so I share the successes and failures of our small neighborhood with the other residents. There are a number of unrelated events that contributed to the virtual demise of our dream in my opinion. The first (and probably the most impacting) was the county's drastic reduction of density from an original higher number of smaller homes that would have supported a vibrant commercial core. Second was (is) a fire code that prevents intimate design and would require a battalion of people at any given time to "feel populated" and lively (the dimensions of the plaza reflect the circumference required to turn around a hook & ladder fire truck). Thirdly, 9-11 happened, causing the developer to rethink his commitment to investments in resort real estate. While this event didn't impact project completion -somehow the heart of the project seemed and seems broken since then. The team (myself included) started looking elsewhere for employment and for placement of energy and became less focused on Aspen Highlands Village. It went from passion to project quite quickly. I'm not ready to give up on Highlands quite yet. Many of us prefer to "ski the dark village" and I keep hoping for a miracle in the form of visionary retailers. We had an original game plan that would turn the commercial space totally into "Colorado Homemade Artisan" studios and workshops. Lots of hands on activity keeping things lively - we wanted to require on site fabrication guests could watch. We were trying to juggle the expectations of our owners with the baseline requirements of artisans and simply couldn't make it work. I still believe that given more time to entice the landlord into a long term solution this plan might have worked. But then 9-11 sort of killed the desire to make it all click. Now, it is "kinda sorta" happening by default as the majority of spaces hold small businesses that are quite unique. But the key to success is more consumer options, not less. More traffic created by more choices. I spent a lot of time helping to build a vision for Highlands that was compelling and successful and in keeping with the power and attitude of the mountain. We always knew that we had to be innovative if we were to hope for any kind of supportable commercial. I was the one who dreamed up the outdoor summer movies which were ultimately implemented by the merchants association and we even designed a miniature golf course that ran all the way up to the mountain road - a sort of combo treasure hunt/golf game/wilderness experience. I wholeheartedly support the current idea for a course as well as any other whimsical opportunities to create hang time out here. The funkier the better. We are missing people! We need to invite the world to share our great location. For the same reason, I must plead with you not to convert designated commercial space into free market housing. While I suppose the argument can be made that it isn't viable as commercial space, I would submit that finding a solution to make it viable is critical to the long term viability of the village and I believe we owe it to ourselves (as "greater Aspen O) to figure it out. Removing the possibility would be giving up and adding one more dark inactive wall facing the "public space" area. We are already greeted with what might as well be neon signs -flashing "PRIVATE" messages to the visitor. My personal opinion is that neither the guests at The Ritz- Carlton nor the other residents on site are comfortable with this sense of segregation and my personal solution would be to create as many open public non-segregated spaces as possible. Throughout the planning process, I lobbied hard to keep a community room facing the mountain. I still dream of a World Cup technical event on Powderhorn and Thunderbowl and I know from experience how important having staging access is to such a dream. Even without World Cup, the Ski Club could use a staging site almost weekly. And the opportunity for local village celebrations is endless. The original PUD (subdivision improvements agreement) specifically allocates (therefore commits to?) 4800 square feet for meeting rooms for the community. Ski Co does have a room they generously offer up for meetings when asked and (AND O) we designated a space on the mountain side of Building 2 (the Ritz-Carlton building at skier's right - the building in question with this application) as well. Somehow, our precious staging area community meeting room/village office ended up being a tiny little alcove on the front side of that building. I am sure there is an excuse related to how much rent the Homeowners Association has to pay the owner as a reason for moving but the use intent is lost with that move and the opportunity for community interaction is lost as well. The original allocated space is part of the space now being considered for conversion to a residence. Yes, it is PRIME "beach" space which is precisely why it was so important to preserve for the village as a whole. Focusing on uses that are unique to Aspen and rents that reflect the limited traffic will ultimately create the vision we originally supported. I had a crash course in retail over several years when given the "rent the commercial space" assignment -devouring every piece of information I could about how things work and how they don't. Many of the conclusions City consultants expressed to you about downtown echo what we were told earlier. I believe they still hold true and the solution is to hunker and hope that the core vision of Aspen Highlands as a place of character and substance will surface and successful retail will eventually prevail as well. This will never happen if the commercial space is removed - it can only happen if the commercial space is ultimately up and thriving. This is difficult for me to write - in a sense I feel like a `traitor' as a loyal member of a dedicated and sincere staff working for the managing partner, but in truth I'm really just representing what our original vision represented - a vision supported by the partners. A little love, a little capital investment, and a little recognition on their part that "hey, we're still here" would go a very long way. I think the conversion is the "easy way out" and that it offers little to anyone involved, including the owners if you stay focused on the big picture. I wish I had a specific solution for Council but Ifear Idon't - I think it will take a little longer than I hoped for the developing partners to figure out that SOME rent is better than NO rent O. It did just occur to me that specific types of local serving businesses would be beautifully at home at Highlands? That could be worth some trade-offs for the owners perhaps if they were to agree to down zone or come up with some creative "base of mountain" zone? Give them some value that will help them make the retail work? I can help with that brain-storming session O. Wish this could have been shorter - I tried! Keeps getting longer instead -guess its my passion gurgling up. Wish I could attend the meeting too but I'll be on a real beach thinking of you. Thank you for listening. Georgia Hanson 168 Exhibition Lane Aspen, CO 81611 ~~h~b~~fil, ~~ r°~ MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jessica Garrow, Planner~~~ RE: Highlands Village PUD Subdivision Amendment (133 Prospector St) - Subdivision Review -First Reading of Ordinance No. ~, Series 2007 Second Reading scheduled for April 9, 2007 DATE: March 26, 2007 APPLICANT /OWNER: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. PLANNING AND GONINC~ l.Viv11vl1JJlvi~ RECOMMENDATION: The Planning and Zoning Commission approved a Substantial PUD Amendment and recommended City Council approve, with conditions, a Subdivision Amendment on February 6, 2007 in a three to two (3 - 2) vote. LOCATION: CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, commonly known as 133 Prospector Street. CURRENT ZONING & USE PUD including a mix of retail uses, free- market residential, and affordable housing. PROPOSED LAND USE: Relocation of afree-market development right to an existing commercial space and condo meeting room space STAFF RECOMMENDATION: Staff recommends the Aspen City Council approve, with conditions, the Subdivision request. SUMMARY: The Applicant requests City Council approve a Subdivision Review for the conversion in use. Photo of proposed mini-golf course area Photo of change-in-use area ~," `"`' LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the City Council: Subdivision Amendment for the conversion of commercial and condo meeting room space to one (1) free-market residential unit pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). BACKGROUND: Evolution of Land Use Requests The Highlands Application was submitted to the Community Development Department in May 2006. The original Application requested the approval of a Substantial PUD Amendment to construct amini-golf course adjacent to the existing bowling lawn between the Thunderbowl and Exhibition Ski Lifts, a Substantial PUD Amendment to convert condo meeting room space and commercial space in Building 2 to one (1) free- market unit using an existing free-market credit, a Substantial PUD Amendment and Growth Management Allotment to convert commercial space in Building 4 to one (1) free-market unit, and a Subdivision Other Amendment. Prior to the Planning and Zoning public hearing, the Applicant revised the Application to eliminate the PUD Amendment and Growth Management Request associated with Building 4. The result was an application requesting a Substantial PUD Amendment to construct amini-golf course adjacent to the existing bowling lawn, a Substantial PUD Amendment to convert condo meeting room space and commercial space in Building 2 to one (1)free-market unit using an existing free-market credit, and a Subdivision Other Amendment. The Application is attached as Exhibit H. Staff recommended the Planning and Zoning Commission approve the PUD Amendment for the proposed mini-golf course and deny the PUD Amendment for the conversion of commercial and condo meeting room space to one (1)free-market unit. Attached as Exhibit F is the Staff Memo to the Planning and Zoning Commission from December 5, 2006 outlining the reasons for these recommendations. Planni~ and Zonis Commission Summary At their December 5, 2006 hearing, the Planning and Zoning Commission split the request into two Resolutions -one dealing with the construction of the mini-golf course, and one dealing with the conversion of commercial and condo space to one (1) free- market unit. The Planning and Zoning Commission voted to approve Resolution No. 33, Series 2006 which approved a PUD Amendment to allow for the construction of a mini- golf course at Highlands. The vote was four (4) to one (1) in favor of the motion. (See Exhibit B, Minutes from the December S, 2006 Planning and Zoning Commission public hearing.) At the same meeting the Commission voted to approve Resolution No. 34, Series 2006, which would have approved a PUD Amendment to allow for achange-in-use from commercial space and condo meeting room space to free-market residential space in ~„,. Building 2 of the Highlands PUD. The motion did not pass, with a vote of two (2) in favor and three (3) against. According to the Land Use Code, this constituted a "failed motion." (See Exhibit B, Minutes from the December 5, 2006 Planning and Zoning Commission public hearing.) Staff should have directed the Commission to make a motion to deny the proposed change-in-use in Building 2. This would have constituted an "action" as is required in the Land Use Code (see section 26.212.050, Quorum and necessary vote). Because this was not done, the Commission did not take action, as is required by the Land Use Code, which prompted Staff to request the Commission make a Motion of Reconsideration at the Commission's December 19, 2006 meeting. This Motion of Reconsideration was made for the change-in-use from Commercial and Condo Meeting Room spaces to one (1)free-market residential unit (Resolution 34, Series 2006). The Motion of Reconsideration passed four (4) to zero (0). Staff provided a revised Resolution 34, Series 2006 for the Planning and Zoning Commission to approve. The Resolution was worded to deny the proposed PUD Amendment to convert the commercial and condo meeting room spaces in Building 2 to one (1)free-market unit, as was the intention of the voting that occurred at the December 5, 2006 public hearing. One (1) Commissioner at the December 19, 2006 public hearing was not present for .the original December 5, 2006 public hearing and requested to abstain from the vote. City Attorney John Worcester stated the public hearing could be continued to a later date so that all the Commissioners could vote on the Resolution. The public hearing was continued to January 2, 2007. (See Exhibit C, Minutes from the December 19, 2006 Planning and Zoning Commission public hearing.) At the January 2, 2007 public hearing, Staff recommended against the PUD Amendment. The Applicant suggested revising their application to request a conversion of the Condo meeting room space to commercial space in order to make the space more viable. Staff and the Applicant stated they needed more time to determine if this option complied with the Land Use Code, and the public hearing was continued to February 6, 2007. (See Exhibit D, Minutes from the January 2, 2007 Planning and Zoning Commission public hearing.) At the February 6, 2007 public hearing, Staff informed the Planning and Zoning Commission that there were no commercial allotments left in the 2006 Growth Management year, so the Applicant was unable to amend their application. The Planning and Zoning Commission voted to approve Resolution 34, Series 2006 to deny the requested PUD Amendment. This motion failed with a two (2) to three (3) vote. The Commission reconsidered the motion and made a new motion to approve Resolution 34, Series 2006 to approve the requested PUD Amendment. This motion passed with a three (3) to two (2) vote. (See Exhibit E, Minutes from the February 6, 2007 Planning and Zoning Commission public hearing, and Exhibit G, Planning and Zoning Commission Resolution 34, Series 2006.) ~.r+' SUBDIVISION' The Applicant is requesting a subdivision amendment because the conversion in the commercial space and condominium meeting room space in Building 2 to one (1) free- market residential unit will result in the creation of amulti-family dwelling unit and requires an amendment to the approved plat (See definitions for "dwelling, multi family" and "subdivision" in section 26.104.100 of the Land Use Code). The unit will need to be condominiumized in order to demarcate ownership. Once construction is nearly completed but prior to issuance of a Certificate of Occupancy, the Applicant must file a revised condominium plat and associated documents for review and approval by the City Engineer and Community Development Director. (See Exhibit A, Review Criteria.) In reviewing the subdivision portion of the application, Staff finds that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.080(B), Amendment to subdivision development order, Other Amendment. The review criteria for an "Other Amendment" only require that the change complies with the approved plat. Staff finds that the proposed changes are internal and comply with the approved plat. Staff recommends approval of the Subdivision Other Amendment. CITY MANAGER COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Ordinance No. ~, Series of 2007 upon first reading." ExxIBIT A -Review Criteria Exi-iIBIT B -Minutes from the December 5, 2006 Planning and Zoning Commission public hearing EXHIBIT C -Minutes from the December 12, 2006. Planning and Zoning Commission public hearing EXHIBIT D -Minutes from the January 2, 2007 Planning and Zoning Commission public hearing EXHIBIT E -Minutes from the February 6, 2007 Planning and Zoning Commission public hearing EXHIBIT F -Staff Memo from the December 5, 2006 Planning and Zoning Commission meeting EXHIBIT G -Planning and Zoning Commission Resolution 34, Series 2006 approving a PUD Amendment for conversion in use at Highlands EXHIBIT H -Application ~. ;,~~, ORDINANCE NO. ~ - 2007 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS A SUBDIVISION AND CONDOMINIUMIZATION AMENDMENT ASSOCIATED WITH A OF CONVERSION CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to convert one (1) commercial space and a condominium meeting space in Building 2 to one (1)free-market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of commercial and condominium meeting space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on February 6, 2006, the Planning and Zoning Commission approved Resolution No. 34 Series of 2006, by a two to three (3 - 2) vote, approving a Substantial PUD Amendment for the conversion of commercial and condominium meeting space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential; and, WHEREAS, upon review of the Subdivision Other Amendment request, the Community Development Department recommended approval of the Subdivision amendment request; and, WHEREAS, on March 26th, 2007 the Aspen City Council approved Ordinance No. _, Series 2007, on First Reading by a - to _ (_-~ vote, approving with conditions the Subdivision and Condominiumization of 133 Prospector Street, City of Aspen, CO; and, WHEREAS, during a duly noticed public hearing on April 9th, 2006, the Aspen City Council approved Ordinance No. _, Series 2007, by a _ to _ (_-~ vote, approving with conditions the Subdivision and Condominiumization of 133 Prospector Street, City of Aspen, CO; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, Ordinance No. ,Series 2007 Page 1 ..r WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions a subdivision and condominiumization amendment associated with a conversion condominium meeting room space and commercial space to one (1) free-market unit for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council approves a Subdivision Other Amendment for the conversion in use. The Applicant shall record a revised plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to the Certificate of Occupancy. Section 3• PUD Plat and Agreement 1. An Amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C), as determined to be necessary by the Community Development Department. 2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final condominium plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. Section 4• Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. Ordinance No. ,Series 2007 Page 2 c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. A construction noise suppression plan submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. e. A construction management plan (CMP), pursuant to the Building and Engineering Department requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The CMP shall meet all the requirements described in Section & of this resolution. f. Accessibility and ADA requirements shall meet adopted building code requirements. Section 5: Dimensional Requirements The proposed development as presented in the plans contained within the application dated May 24, 2006 and the application amendment dated November 15, 2006, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 6: Trash/Utility Service Area All trash containers used in construction shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. All other trash/utility service areas shall comply with previous approvals in the PUD. Section 7: Construction Management A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of--ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required if the City's right- of-way is used for construction purposes. Ordinance No. ,Series 2007 Page 3 ,~.,, -., Section 11: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in affect at the time of building permit submittal. Section 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees All impact fees in effect at the time of building permit, as applicable, shall be paid prior to the issuance of a building permit. Section 14: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 34, Series of 2006 and herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 133 Prospector Road, City of Aspen, CO, by Ordinance No. _, Series of 2007, of the Aspen City Council. Section 15: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 16: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. ,Series 2007 Page 4 ..~„ Section 17: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held. invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 18: A public hearing on the ordinance shall be held on the 9~' day of April, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of March, 2007. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 26thday of March, 2007. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney G:\cityUessica\Cases\AHV PUD Amend\Substantial\Council\first reading\AHV conversion ordinance.doc Ordinance No. ,Series 2007 Page 5 ~. EXHIBIT A -SUBDIVISION OTHER AMENDMENT Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. The proposed conversion from commercial and condo meeting room spaces to one (1) free-market residence is an internal change that is consistent with the approved plat. The applicant must file a revised condominium plat upon completion of the conversion and prior to a Certificate of Occupancy. Staff finds the Subdivision Amendment for the conversion in use is consistent with the approved plat. Staff finds this criterion to be met. Exhibit A -Subdivision Review Criteria Page 1 __. ,. .~ _ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER OS 2006 mine Tygre opened the regular Aspen Planning & Zoning Meeting in Sister Ci sat 4:30pm. Members Ruth Kruger, Dylan Johns, Steve Skadron, Brian Spec 4:40) and Jasmine Tygre were present. John Rowland was excused. S1 in atten ce were: Community Development, Joyce Allgaier and Jessica Ga John Worc ter, City Attorney; Jackie Lothian, Deputy City Clerk. COMMENTS Jasmine Tygre sai ere was an ad in the Sunday Daily News pap for the Dancing Bear Reside es that said "it's a place where your nei ors are friends not hotel guests". Tygr ked what do you think these units e if they are rented out if they are not being us by the people who bought th ; is what was supposed to be a hotbed. Ty said probably not but h ed that the code revisions would address these kinds of iss .Joyce Allgaier d that she notified them in writing that their application speci lly said that ey would list the units with a rental company and do that pro-active MINUTES The minutes from 11 /07 and 11/21 wer ostpo d until the next meeting. Steve Skadron noted a correction on page of the 11/0 'nutes. The correction was made. F T Dylan Johns said he w conflicted on the Lodge at Aspen an Smuggler Racquet because of pendin sines deals with the one of the parties in lved in each of those projects. th Kruger said that she was conflicted on the Lo a also. John Worcester a d if Ruth was currently employed by the Lodge or ha financial interest i e outcome. Kruger replied no. Worcester suggested that sh did not have onflict. 2(ONTINUED PUBLIC HEARING (11 /21 }: ASPEN HIGHLANDS VILLAGE PUD AMENDMENT ''` Jasmine Tygre opened the public hearing for the Aspen Highlands Village PUD Amendment. Jessica Garrow said that notice had been provided at the previous meeting. Garrow said that Hines Highlands Limited Partnership was the applicant represented by Glen Horn; the application required 2 land use reviews. The first was a substantial PUD Amendment to construct a mini golf course and a change in use from Retail to Free-market Residential. Staff recommended in favor of the mini golf course and against the change in use in building 2 and the associated subdivision. ~cXhibt~ 6,1'~h10~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05.2006 Garrow said the miniature golf course was proposed between buildings 2 and 4 and the area was skier access so it was unencumbered by any structures; the mini golf course was designed to continue the current use in the winter on it. Because of this staff found this -was consistent with the existing plat and did not require a subdivision approval for the mini golf course portion of the application. Staff found the mini golf course was consistent with the approved PUD and met all applicable review criteria; it will increase the vitality of area by providing an attraction in the summer months and met the goals and economic sustainability sections of the Aspen Area Community Plan. Garrow said the change in use was to change 1 retail space to lfree-market unit (4 bedroom unit), which does not need a growth management allotment because the development right was approved in the original PUD and the town home was never built so the right exists. Garrow said the proposed unit was located on the lsc floor of building 2, which contained other residential units all above the 1St floor and the Ritz was located in this building. Staff recommended against the change in use because it does not meet the goals of the Aspen Area Community Plan. Staff felt that the retail space was at grade along the Highlands main pedestrian area and was intended and best functioned as retail space. Staff felt that residential would decrease the vitality of the area. Garrow said that the change in use will adversely affect future development in the area; the retail space was currently vacant and staff felt that in the future the space will be filled with retail or office. There were other free-market homes being built in the area. Glen Horn said Bob Daniel, Kevin Dunnett and Donna Grower were from Hines Highlands Limited Partnership and were available to respond to questions. Andy Reagan was the leasing agent for the retail spaces at Highlands. Horn stated that the retail space was an un-built space and there was an approved town house for the village neighborhood, which would be transferred to the Village core of Aspen Highlands. Hom said this was a conversion of vacant retail space that has never been occupied to a residential use and there was no growth management allotment necessary because it was already granted for another unit in the project. Horn said that all of the mitigation for this unit already exists; the transportation, air quality, and the housing. Horn said that development of the mini golf course was to get more activity going in the summer at the base of Highlands and were not unusual to see at the base of ski areas in the summertime. Horn provided the history of Highlands beginning with Whip Jones and Gerald Hines then the Pitkin County approvals and the annexation into the City of Aspen. Fa~(~ihr~b,~1'S c~o~2 -- ~..., ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05, 2006 Horn said that there was a 5 year public review process that entailed some l OS public meetings; the plan evolved in the review process to what you see today. Horn said that this project continues to evolve from the mountain to the base area; this proposal from the applicant was to fine tune this project to make it more successfiil and viable rather than having empty commercial space in the base area. Horn said out of the 190 approved units 112 were affordable housing units; there were 73 tourist accommodation units, 14,000 square feet in restaurant space. Horn noted that all the mitigation required by the city and county has been done and audits have been done. Horn displayed a photo of the Village Core and explained what was where; there was residential on the first floor and showed where it was located. Horn explained the pedestrian pattern and the vacant retail space located in building 2, which was proposed for the change to residential (on the west side of the building). Horn explained the uses in buildings 3, 5, 7, 2, 4 and 8 that shows a mixed use project. Horn said there was a merchants association that was responsible for the summer activities such as the movies and other activities. Horn said that there were about 105 to 110 days a year when Aspen Highlands Village was loaded with people going to the ski area. Horn said they do not consider this change to be a significant change in the PUD; the PUD was found to be consistent with the Aspen Area Community Plan and compliance with the code at the time it was approved. Horn walked through the 8 focus areas of the Aspen Area Community plan; the last two numbers 7 and 8 were primarily orientated towards the townsite of Aspen; consistency of architecture with the historic structures and historic character of the town. The design issues address within the built environment of the townsite of Aspen. Horn said the focus area of managing growth, transportation, housing, economic sustainability, parks, open space and environment and the arts, culture and education. Horn said the Aspen Highlands project was the most successful transfer of development rights of most projects; 20 TDRs were transferred from the county's rural and remote district to within the urban growth boundary to Aspen Highlands Village, so this was consistent with managing growth. Horn said that the transportation needs have been met as well as the affordable housing with a 60/40 project at the base of a ski area. There was a Nordic Trail connection that links it to the Moore Trails, the Aspen Valley Ski Club House, the High School Lift, and the donation of approximately 13 acres of Maroon Creek bottom land to .the County for Open Space. The project provides all of the dormitory housing in building 4 and dedicated to use by MAA in the summertime; in the winter it was used by Ski Company employees. Horn said that this project was still consistent with the Aspen Area Community Plan and felt it was better to have an occupied residential space in building 2 rather than to have an unused vacant retail space. ash ~cY~~~i,~h' l~ndS ,~a• 3 _.._ T. _.....,__.w_.._....,....,.....,., ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05.2006 Bob Daniel said that building 5 had a residential component on the ground floor so virtually in every building within the community there was residential units on the ground floor. Daniel said that they have been trying to rent this particular retail space between 4 and 5 years. Andy Regan with Snowmass Real Estate Company said that she has been doing the leasing at Aspen Highlands for about 11/2 years and it was not an easy job; there were plenty of people looking but can't be there if they require foot traffic so basically people were looking to pay no rent. Regan said it was difficult to rent the retail space. Kevin Dunnett said the plan for the golf course was preliminary with 18 holes without the old school kitschy golf course but this would challenge the serious golfer down to little kids. Dunnett said there would be nice wild flower plantings in between the holes; it will be a nice addition for everybody. Dunnett said that Copper Mountain and Beaver Creek have courses that were really busy with a lot of energy surrounding the golf course. Steve Skadron asked about the previous PUD Amendments and where was the FAR moved around to. Garrow replied that it was in the free market units; moving a few hundred square feet from one to another but never reached the retail spaces. Skadron asked how the Ritz defined tourist accommodations. Daniel said the concept was imbedded in the PUD where there was a requirement that unit can't be occupied more than 30 consecutive days during the high season or within 90 days in a calendar year. Horn said there was central management that would be typically provided by a hotel; a concierge, room service and check-in. Skadron asked if those units go into the rental pool. Horn replied they were available in a rental pool through the Ritz. Skadron asked if there were topographical changes on the golf course. Dunnett replied the average slopes were challenging at the toe of the hill from Iguanas deck and they will concentrate most of the holes in the flat area with slight terracing as the grading gets steeper maneuvering the holes parallel with the slope. Skadron asked the total FAR for the 112 units. Horn replied there were 403,000 square feet ofnon-exempt floor area; the affordable housing in the Village core {townhouse neighborhoods and center) was 68,490 square feet, the Maroon neighborhood {west side) there was 13,570 square feet of affordable housing, the Thunderbowl neighborhood had 24,750 square feet of affordable housing. Daniel said that the tourist accommodation was 155,000 square feet. Horn said that in the county there were not floor area calculations in the mix and the TDRs get backed out also. ~~~~iu~ ~sy 4 . -~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05..2006 Dylan Johns asked if there were regulations for uses that could occupy ground floors in the building 2 space. Horn responded there were no prohibitions. Johns asked if there would be hardscaped areas with the golf course plan. Dunnett replied the holes were designed on concrete slab with exterior kind of durable carpet material. Dunnett did not have any photos or imagery for this course. Johns requested some imagery for this course to see how it manifests itself. Ruth Kruger stated that she was the rental agent for Aspen Highlands and spoke of listing the retail space and never being able to rent any of the spaces. Jasmine Tygre asked where the condo meeting room space was located in building 2. Horn replied there was a 700 to 800 square foot space reserved for the operation of the hotel and the space in building 2 has never been utilized for a meeting room. Daniel said that the Ritz Carlton built some meeting space internally in their building for their functions. Joyce Allgaier asked where the miniature golf course was staged from; where would one sign up to play, rent their clubs and pay the fee. Daniel responded that there was the potential linkage of food and beverage that would be anticipated for those services at the Ritz Carlton, which owns that space. No public comments. Tygre noted a letter from Tom Ward in the packet. Kruger commented that this particular space was very large with a number of different users that wanted to use it (hair salon, gym, furniture) but because of the parking situation during the winter the 450 parking spots were used for SkiCo. The space doesn't have that commercial user traffic and was somewhat dysfunctional as a retail space and has beenn ae ant .fuore said it wasoa compatible as a residential space and supported the cha g g use with the adjacent uses of the Ritz Carlton. Johns said there was shortage of office space and asked if there was a way to allocate some parking to this space. Daniel answered as a part of the entitlement they were restricted to 435 day skier parking spaces at the base of Aspen Highlands and it was a requirement of the PUD that those 435 spaces be paid parking and part of the transportation requiremes said that he ould not supporgthe spaces would require a PUD Amendment. John conversion to free-market residential without able to work. sJohns said fo the golf ldn't be a that something like an office use wou ~,~bt~ B,t'-i fonds ~~ ..~ ~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER O5, 2006 course he did not feel like he understood the manifestation of what it would be to know whether or not it would work. Johns said the hardscape would change the look of the base of the mountain and hopefully it would be a positive for the Village. Johns said that there did not seem to be a conflict with the miniature golf and the PUD. Johns said the conversion of the unit did have some conflicts with the Aspen Area Community Plan. Skadron shared some of Dylan's concerns and was sensitive to the difficulty in making retail work at Aspen Highlands and converting this to residential would forever prevent it from becoming something that might possibly be economically viable. Skadron said the golf course would be a great addition to summer activity at Aspen Highlands; he had no objections to it. Brian Speck sympathized with the planning of Highlands. Speck liked the golf course to keep bring people into the community. Speck felt that changing the retail use was disastrous to the pedestrian make-up for the future but he also saw the argument for it. Kruger said that this was a disastrous situation for parking. Kruger stated the miniature golf course was a great idea. Tygre asked where the people would park if that space was converted to residential. Daniel said as a part of the PUD there were a certain number of spaces for the day skier parking structure and under the plate there was parking for the tourist accommodations, affordable housing and an allotment of about 1 space per 1500 square feet of commercial space. Tygre asked how big the free-market residential unit was. Garrow replied approximately 3200 square feet. Daniel said there were about 3 parking spaces if it were residential and if it were commercial there were 4-5 parking spaces available but not for shoppers. Tygre stated concern for changing PUDs. Tygre said the City P&Z came in afterward because the County was the reviewing body; the project was annexed after the county approvals and the results may not have been what a lot of people hoped for. Tygre said that despite her aversion to the change in use, she could not see how a commercial use would bring a lot of vitality because there would be the need for pedestrian activity and parking to make be vital; an office would not bring any vitality to the area or would residential. Tygre said that she would hate to see another request in the future to add commercial space after this retail space were converted to residential. Tygre said the mini golf course would be helpful to bring people into that area in the summertime and agreed with Dylan on obtaining more detail about the way it would affect the pedestrian experience. Tygre suggested separating the issues. ~.n~B,+~n~S m~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 05, 2006 MOTION: Ruth Kruger moved to approve Resolution #33, series of 2006 to approve a substantial PUD Amendment for the construction of a mini-golf course and to approve a requested PUD Amendment far the conversion of retail /condominium meeting space to one free-market residential unit at 133 Prospector Road. The resolution further recammends to City Council the approval of the requested subdivision associated with the conversion of the office/retail to free market residential. No second -motion dies. Skadron requested a schematic for more detail on the golf course prior to approval for it. Johns felt that he could support the golf course as long as it did not become too Disney. MDTION.• Dylan Johns moved to approve the resolution ~to approve a substantial PUD Amendment for the construction of a mini golf course; seconded by Brian Speck. Roll call vote: Kruger, yes; Skadron, no; Johns, yes; Speck, yes; Tygre, yes. APPROVED 4-1. MOTION.• Dylan Johns moved to approve the resolution to approve the requested PUD Amendment for the conversion of retail/condominium meeting space to one free market at 133 Prospector Road. The resolution further recommends to City Council the approval of the requested subdivision associated with the conversion of the office/retail to free market residential with the restriction of a maximum of 3 parking spaces allotted to that free market unit. Seconded by Ruth Kruger. Roll call vote: Speck, no; Skadron, no; Johns, no; Kruger, yes; Tygre, yes. DENIED 3-2. PUBLIC HEARING: Ruth Kruger moved to continue the Smuggler cquet Club ~~D to December 19th; seconded by St adron. All in favor. PUBLIC HEARING: LODGE AT ASPEN FINA Jasmine Tygre opene public hearing for dge at Aspen and explained due to time cons is there would just be a presenta i the applicant and no public co ts. The public notice was provided. Joyce Al aid that she would sent the staff analysis at the next meeting. ~aa~~,+~y,aras ~} ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 19, 2006 Ruth g ublic hearing for the Sm quet Club. MOTION.• Dylan Johns move Smuggler Racquet Club Conceptual PUD to Janu ,seconded by John ow a ~~ G: MOTION FOR THE RECONSIDERATION REGARDING THE ASPEN '~ HIGHLANDS VILLAGE PUD ACTION ON 12/05/06 Ruth Kruger opened the hearing for the reconsideration of the Aspen Highlands Village PUD action taken on December 5`". Jessica Garrow said that staff would like to clarify the record as explained in the memo staff was operating under a code interpretation that has since been overturned by Council. Garrow said that staff would like a motion to reconsider and then another motion to approve the resolution to deny the change in retail space to free-market residential. John Worcester said the motion to reconsider needed to be made by someone in the majority who voted as part of the 3 (Dylan, Steve, Brian) to 2. MOTION.• Steve Skadron moved to reconsider the change in use portion of the Aspen Highlands, PUD Amendment and Subdivision; seconded by Dylan Johns. Roll call vote: Rowland, yes; Skadron, yes; Johns, yes; Kruger, yes. APPROVED. Ruth Kruger explained the reason for this reconsideration was that the process has changed. Jessica Garrow said that the code interpretation regazding a failed motion was that no action was taken; then a new motion would have to be made would have been approved. Joyce Allgaier said the regulations that were in place at the time that the meeting was held, so the commission needed to make a recommendation to deny the application instead of doing it in the affirmative and having it come out to a 3-2 vote. Allgaier said the revised resolution was now worded to deny the application; staff was clarifying. John Worcester said the Sky Hotel was a tie vote and through Robert's Rules of Orders a tie vote was a failed motion or the motion was lost. Worcester said that in the Land Use Code the P&Z was to approve, approve with conditions or deny; there was an obligation to take some action. Worcester said that City Council has always been under the impression that a failed motion mounted to denial; the charter required that an Ordinance be approved by a majority vote of 3. Worcester said to clarify the record staff asked the commission to vote to deny the application, which would be an action taken. ~„~c, rugnan~ ~9~ .. ,~ ASPEN PLANNING & ZONING COMMISSION -MINUTES DECEMBER 19, 2006 MOTION.• Dylan Johns moved to approve Resolution #34, Series of 2006 to deny a Substantial PUD Amendment for the conversion of retail/condominium meeting space to one free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of the office /retail space to free-market residential. Steve Skadron seconded. The motion was withdrawn. Glen Horn explained that the allotment for the residential has already been granted to the project and the applicant and developer chose not to develop that townhouse; all of the mitigation associated with that unit has been done. Horn asked that the commission not approve this resolution. There were no public comments. Kruger reiterated that she could not see this becoming a viable retail space by virtue of the fact that there was no parking; it was a very large space that has been marketed for 6 years as a retail space and not rented. Kruger said this was not a lively retail space that could not be given away. Dylan Johns asked how it was marketed as office space with parking spaces for employees versus a retail space. Kruger said that she did not market it as office space during the time that she had the property listed. Johns said that was his point he did not think that it was marketed extensively as office or commercial space; to lose that at this point was counter to where the commission was trying to go to in other areas. Johns said that if there was still the free-market growth allotment he would rather see that come back to figure out where to put that residential space and figure out how to re- allocate this space for something within the town (that area) to try and make it work. Kruger asked Glen if the old Hines Office space was being marketed and that space was still vacant. Horn replied that he was not sure how that space was being marketed as an office space; the objective was to have more retail type uses that were accessory to the ski area as the primary function, which was the goal to generate life and activity. Horn said the old Hines off ce space had been sold. Horn said that a residential use would generate more activity than an office at the base of ski area. Kruger suggested continuing the hearing so that answers could be given. Worcester said the proper way to proceed was to continue the hearing rather than abstain on a vote because the commissions and boards had an obligation to vote. MOTION.' John Rowland moved to continue the hearing for the reconsideration of the Aspen Highlands PUD Amendment to January 2"d; seconded by Dylan Johns. All in favor, APPROVED. ,,, ~ibr~C , ~!~~Ian~S Z r ~ ASPEN PLANNING & ZONING COMMISSION -MINUTES JANUARY 02, 2007 Skadron said that he was sensitive to the application of globally applying i standards but he could not support the variances because he agreed with .Skadron said that he thought there was a way to reconfigure this to meet the constraints of the property. John Rowla agreed with Dylan on this and apologized to staf„~~or not agreeing with them. Ro nd said he did not think the residential d ain guidelines should be blanketing all t arcels in town; there had to be so~~flexibility. Ruth Kruger said that sh ically supported si~'recommendations however the rear garages were more app riate for are with alleyways and there was no alley access to this property. Kruger reed ~~Dylan's comments on the appropriate design or pattern of the buildings ~is was consistent with the neighborhood and there were site constraints xch ld allow support of this variance. MOTION: John Rowla~d~moved to approve olution #002, series 2007 approving the three) Residential Design Standa variances requested by Gideon Kaufma o construct a duplex on the property ated 1130 Cemetery Lane; secon d by Dylan Johns. Roll call vote: Skadron, • Johns, yes; Rowland,,~y'~es; Kruger, yes. APPROVED 3-1. PUBLIC HEARING: MOTION TO RECONSIDER ASPEN HIGHLANDS VILLAGE PUD AMENDMENT ACTION Ruth Kruger opened the continued hearing for the motion to reconsider Aspen Highlands Village PUD Amendment Action. Jessica Garrow noted this was the continuance of the reconsideration for a change in use in Building 2 at Aspen Highlands PUD. At the hearing on December Stn Hearing P&Z voted to approve an amendment to the PUD for the construction of a mini golf course at that same hearing P&Z voted 2 in favor and 3 against on a resolution to approve a change in use for Building 2. At the December I9`n Planning & Zoning Meeting staff requested that the conunission make a motion to reconsider the application in order to clarify the action that had been taken on December 5`n. Staff felt this was needed because at the time of the December Stn meeting they were operating under an interpretation that said that a motion that did not pass with a positive vote then it was not an action and all boards need to take an action. Garrow said that there was a request to reconsider the motion and it was determined that the meeting needed to be continued to today for all of the board members to get up to speed. Staff does not support the change in use because it ~Fhbitb,tli9hW~S ~, ~ ASPEN PLANNING & ZONING COMMISSION -MINUTES JANUARY 02, 2007 does not meet the goals of the AACP; the PUD was approved with a certain amount of mixed use including a certain amount of retail space. Garrow said this change in use would eliminate 15% of the existing retail space at Highlands; this space was at grade in a prominent location along the pedestrian walkway and staff did not feel this was an appropriate location for residential space. Garrow stated the resolution was worded to deny so the record was clear. Glen Horn said that Bob Daniel can speak to some of Dylan's questions about leasing this space and the issues associated with that. Bob Daniel representing the applicant stated that they have tried to get retail into that space and recently they have turned to office space use. Daniel asked for the commission to weigh does commercial space end up with the same result as retail or is it closer to a free market residential unit in terms of usage. Daniel said that parking was a limiting factor to the marketing of that space for commercial; it was a relatively big space with between 4 and 6 parking spaces in the parking structure allotted to that space, which limits what type of tenant can be placed in that space. John Rowland said there was talk about rent ability and length of time the space has been vacant. Horn replied that it has been vacant ever since they received the certificate of occupancy, which was in 2002. Horn said 1125 square feet of this space was identified for a condominium meeting room, the remainder of the space was given a CO for commercial space. Horn said no interior partition walls have been installed it was all one space (3200 square feet plus the 1125 square feet). Horn said the Condominium meeting space was never acquired by the Ritz Carlton for meeting space. Rowland asked what the last marketing effort to rent it was. Daniel replied that in general there were food services and other commercial that do not require foot traffic; one of the biggest expenses at Highlands was the common area maintenance because of the service that Highlands provides, which was between $12.00 and $17.00 a square foot before base rent. Dylan Johns asked if the landlord was paying the CAM (condo association maintenance}. Daniel replied currently; it was much like dues for a homeowners common area expenses and would not increase the CAM costs for the other retailers or homeowners. Kruger said what makes the maintenance costs so high is that everything is snow melted. Public Comments: 1. George Sabinski stated that he owned 5 properties at Aspen Highland Village and was a member of the town home association; he just learned about this from the newspaper yesterday and was not notified of this change in use. Sabinski said the applicant has done a great job with this planned unit development; a terrific L~rnb~p~ HtinW~vk ~L `~/' ASPEN PLANNING & ZONING COMMISSION -MINUTES JANUARY 02, 2007 concept and example of partnership between the developer and the municipality to create a new and vibrant community with a whole new village. Sabinski suggested postponing the change in use vote because the stakeholders who have invested in these units would like to work with the developer to create the vitality and vibrancy that was originally anticipated and promised to these stakeholders. Steve Skadron said his feelings for a change in use from retail to free market does contradict the original intent of the PUD and he could not support this. Skadron said it serves to eliminate the possibility of any kind vitality in the future. Dylan Johns stated there were things that could be done to potentially use this space; the parking situation was not any worse than downtown Aspen. Johns said that if it were rented as office space it would be potentially a lot easier to convert from office back to retail space. Johns said that he was not at a point where all other avenues have been exhausted. John Rowland said that he loved Highlands Ski Area but he believed the Village had some shortcomings that need to be addressed to get that vitality. Rowland suggested that this building obtain a mixed use. Garrow responded that it was a PUD. Rowland said that he would like to ensure flexibility in whatever vote was taken. Ruth Kruger agreed that once it was converted to residential it would remain residential. Kruger said with the amount of square footage of this space it could maybe house 40 people in an off ce and she said it would bring vitality but she doubted that 40 people would take the bus to Highlands to go to work. Kruger said some people think ante you get outside the round about that you could be,in another state. Kruger said this space has been vacant for 4 years and she couldn't give the space away; they did a lot of marketing. Johns said that he did not disagree that it would be a tough retail space to fill. Kruger said it was in the Ritz building adjacent to residential at the end of the mall; she said there was no walk by traffic but rather a destination location with no parking. Kruger said it was social engineering to have parking this way and it was not a functional retail location. Kruger said it would be a great idea to make it mixed use. Johns said that he wanted further options. Horn said that Bob would pursue the office option because if you got someone there you would not loose it forever to residential; it would be commercial. Horn asked if that condo meeting room switches to the category of commercial thereby making it in the commercial/office pool. Horn said that they and staff could write a recommendation. Daniel said that 1125 square feet conversion could off set ~chib,~-~, ~~~~'~~~~~ `'~' ASPEN PLANNING & ZONING COMMISSION -MINUTES JANUARY 02.2007 some costs. Johns asked if the space has been finished. Daniel provided the history on the space, which was a condominium room that was attached to that building that was anticipated that the 73 tourist accommodation units would be in a pool and might need a meeting space but subsequently they went through timeshare approval process. Daniel said that after the PUD and Timeshare approval they did not want this meeting space and did not need the space because they had other meeting space. Hom said that they could write that up. Chris Bendon said this was a good solution because it does not remove the commercial space as a long term consequence for the potential vitality and staff viewed this as an interesting opportunity. Bendon provided option to proceed as analyzing the proposal and the credits for mitigation and come back with a more formal response; another option in terms of how to proceed would be, if comfortable with the proposal, would be to make a motion contingent on the representations concerning employee mitigation and you could see the follow up resolution. Bendon said if the commission wanted to see a staff response to a formal proposal then this hearing could be continued. Skadron asked if there was a definition of commercial. Bendon responded that staff would add to this. Garrow replied in the PUD there was a list of what can go in the spaces, which can be provided. Johns said that assuming the credits were there he didn't need a lot of documentation. Daniel said they were documented with Housing. MOTION. Dylan Johns moved to continue the public hearing for the Aspen Highlands to February 61h; seconded by Steve Skadron. All in favor, APPROVED. Meeting adjourned. ~.,, ~~~ i kie Lothian, Deputy City Clerk ~~}o,`I',r~,hr~S ~1? Aspen Planning & Zoning Commission Meeting -Minutes -February 6, 2007 Aspen Street was not very encouraging with regards to traffic. Hughes responded hat this project would be in a 3 year period with 6 month phases of constructs , t re will be access to South Aspen Street. Hughes said there would be a si 'scant amount of utility work with only 3 intersection closures at 3 indep dent times during the summer period and the road will be op at all times while the worked in the right-of--way or during the structural pha s. Hughes said when they cthe road itself they have a plan to keep half of th oad open with traffic control, rich was contained in the construction ma ement plan. ~'4y Skadron said that exce`~ding the exceptional review c ' ria was a considerable attempt to pioneer new approaches to problems in jects like this and will result in a good project and more ii`hportantly for proje coming in behind this one. Skadron supported this project a~~, appreciati of all of the efforts. ~~ Kruger reinforced what Steve said and ~ ,,~ was delighted to see the last stage of the final approval; this was the most imp anl''l~cation in town because it was the original Lift and gateway to the mo tain. er was pleased that they were going above and beyond in the cons 'on manageme Ian, above and beyond in the housing requirements and in a environmental requ ments. Rowland said that the nts that his fellow commissioner it on for the exceptional project great on a challenging site with a cha ing building. MOTION: St `e Skadron moved to approve the Resolution #003, ies of 2007, recommend' g that City Council approve with conditions, the Lodge a spen Mountai final PUD and associated land use actions, seconded by John Rowland. Roll c :Speck, yes; Rowland, yes; Skadron, yes; Kruger, yes. APPROVED 4-0. ~NTINUED PUBLIC HEARING: ASPEN HIGHLANDS VILLAGE SUBSTANTIAL PUD Ruth Kruger opened the continued public hearing for the Aspen Highlands Village PUD. Jessica Garrow said this was the public hearing for the conversion in use for a condo space and commercial space to a free market unit in Highlands PUD. Garrow said the applicant proposed changing the condo space to a commercial space and the commission asked for staff and the applicant to return with more information. Garrow said unfortunately there were no growth management allotments left for the commercial space from the 2006 growth management year. Garrow said now we were back to the original request to convert the condo space and commercial space to a free market unit. Staff still recommended against this conversion in use because it does not meet the Aspen Area Community Plan, does not meet the intent of the base village and the conversion to a free market unit has ~.~i~i ~ ~~ E,k~gn~s _____J_ Aspen PlanninE & Zoning Commission Meetin -Minutes - Februa 6 2007 a long term negative impact on the vitality of this area; it does not meet the PUD review criteria. Garrow explained the resolution was to deny this project. Dylan 3ohns asked why they need the growth allotments because these were not new spaces. Garrow replied that the condo space was not net leaseable space so the allotment was needed. Allgaier clarified that the year starts out with a certain allocation, which gets whittled away by various applications that were pending but by the time this project would be allocated there would not be any square feet left in that allocation. The Commissioners agreed that this was not growth because the space already existed. Bob Daniel stated the space was built over four years ago and was fully mitigated for as was the balance of Aspen Highlands as it related to the principal matrix, which was affordable housing in the community Daniel said an audit showed they were in excess of mirigation for the number of employees. Daniel understood that they were caught in a rule situation but to pay for another process would not be right. Glen Horn stated there was a flaw in the exemption in change in use and minor additions to a commercial building that should never be deduced from the quota because the basis for those exemptions was that there was no impact on the community. Johns said that the project before P&Z was not what he expected to see; he thought that there would be some conversion to some free market residential and still have a commercial component to it. Garrow said that the best solution for the applicant would be to continue this hearing to March 6t". Garrow said that the applicant could amend the application on March 1St requesting the numbeh of square feet to be converted into the commercial space and on March 6 hold the public hearing. Johns asked if P&Z could approve pending allotments opening up. Garrow replied they were in a current growth management allotment year and they would have to qualify as an exceptional project to be eligible for those allotments. MOTION: Dylan Johns moved to approve Resolution #34, series of 2006, to deny a substantial PUD amendment for the conversion of commercial/condominium meeting space in Building 2 to one (1) free market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of. the requested subdivision associated with the conversion of office/retail space to free market residential. Steve Skadron s DENIED 3-Zl call: Rowland, no; Speck, no; Skadron, yes; Johns, yes; Kruger, no ~n~oil-~,~!i~jn~r~ ~ti Aspen Planning & Zoning Commission Meeting -Minutes - February 6, 2007 Discussion of first motion: Kruger said that she was still very much in favor of this conversion to residential space because there was no parking and to her it was the only logical use was for residential. Garrow requested a motion to reconsider the motion so that a yes would approve the request and a no would mean to deny the request. MOTION.• Steve Skadron moved to reconsider the motion just taken; seconded by John Rowland. All in favor, APPROVED. MOTION.• John Rowland moved to approve Resolution #34, series of 2006, to approve a substantial PUD amendment for the conversion of commercial /condominium meeting space in Building 2 to one (1) free market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential unit. Steve Skadron seconded. Roll call: Johns, no; Rowland, yes; Speck, yes; Skadron, no; Kruger, yes. APPROVED 3-2. Meeting adjourned at 7 pm. kie Lothian, Deputy City Clerk r~ Aspen Hi ands Subdivision Amendment Exhibit F MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 33, Series 2006 -Public Hearing (Parce12735-142- 13-550/552) DATE: December 5, 2006 APPLICANT /OWNER: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. LOCATION: CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, commonly known as 133 Prospector Street. CURRENT ZONING & USE PUD including a mix of retail uses, free-market residential, and affordable housing. PROPOSED LAND USE: 1. Relocation of afree-market development right to an existing commercial space; 2. Creation of a mini-golf course STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the project in part, and deny the project in part. SUMMARY: Exhibit F Page 1 of 5 Photo of proposed mini-golf course area Photo of change-in-use area Aspen Hands Subdivision Amendment Exhibit F LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Growth Management Exemption for a Change in Use pursuant to Land Use Code Section 26.470.040 C.S. (The Plannin~g~and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). • PUD Amendment for the relocation of an approved free-market unit, a change in use from retail to free-market residential, and the development of a mini-golf course pursuant to Land Use Code Section 26.445.100 B. (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal. The Applicant may appeal the decision to the City Council, in which case the Planning and Zoning Commission's decision shall be considered a recommendation to City Council). Additionally, the following land use requests will be reviewed and acted upon by the City Council: • Subdivision Amendment for the development of a mini-golf course and for the creation of two free-market units pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). PROJECT SUMMARY: The Applicant, Hines Highlands Limited Partnership, has requested the approvals necessary to make changes to the Aspen Highlands Village site specific development plan. The changes include converting existing retail space and condo meeting room space in Buildings 2 one free- market residential unit, and developing amini-golf course at the base of the ski slopes. The property is part of the Aspen Highlands Village PUD, which received final plat approval from the Pitkin County Board of County Commissioners in 1998. The area was annexed into the city in 2000. The proposed changes to the existing PUD include: • Converting existing retail spaces and a Condominium Meeting Room (Condo PH 2 Units C-2101, 2103, and 2104) in Building 2 to one free-market four bedroom residential dwelling unit. • Amending the Aspen Highlands Village PUD Plan to develop amini-golf course between Buildings 2 and 4. Exhibit F Page 2 of 5 ~:.-. Aspen Hands Subdivision Amendment Exhibit F 1 T7 T7l Table 1: Use Mix A roves in ine uri uiai r ~L Seventy-three (73) tourist No Change Tourist accommodation units Accommodations Thirty-seven (37) Category 1 dorm No Change units (to house 61 people) _ _ ' ~ ~ _ 1 ~ ,r .~ Y ~~ ~ a eI ( ' ~ r ~; . :~} ~ ~~ ~ de;~~ } ~~3 f~8~ 6~.LSez~ ~ ~ ,~ . ~. Twenty-two (22) four bedroom single No Change famil Cate o 4 affordable sale units One (1) three bedroom single family Category 4 affordable housing sale No Change units Affordable Eight (8) Category 1 and eight (8) Housing Category 2 one bedroom multi-family No Change sale units Two (2) Category 3 one bedroom No Change rental units Five (5) Category 3 two bedroom No Change rental units ~~~ t~S~- s y f~ ~i ~ S~ _ _ ff f `zy ~~ - t~~(10j Caretaker Dvve~l~n llnit~ r T° ~ ~~.tt F, (~:.'3;1} 'Y`2 114^ ~ro~4~~F~ {: No~hange= ~~~f~ }~ ~#j ~~~~,~~ ' e t~ Ot $ ~> ~ ` ,_ -~ a~ _ - E~.: ~'~ Twenty-one thousand, six hundred Decrease of 3,260 sq. ft. of NLA (21,600) square feet of retail space (approximately 15% decrease in NSA retails ace Fourteen thousand, one hundred Commercial twenty-five (14,125) square feet of No Change restaurants ace NLA Twelve thousand (12,000) square feet No Change of accessory skier services (NLA) ~~ __ ~ Approximately 1,500"5quarefeeYbu~lt ~ ~w~ ; _: ~K ~; ~ ~z, ti,~ ~ ~~~ ~of 7 ~ ~ _ ~~ n~ ; ~ ,,, ~ Dec~e~se ~ ~ s.: ,. ` ~~ [Three thousand (3,0_Q0,} square faet of ~ (~6~6°l~decre~„s M e1r~Og~oams cgnc~ominium ;meetirjg rooms (NLA~ s ~ ~ rx~e~(jng rooms l== ~ ~ ....... ' ~~ -~ f ~ ~ ~ ` ~ ~ i , r = - ~„ a roved.in on inat;~~~ ~~ ~ - ~ f ~ ~ ~ ~~ ~` ~ne~ia~sarl~t eight°~ir~tl~~d X1,$00) .. ~o~C~t n .e ~ ~ "'~ rsquar~fe~t, of meeting°~aoms {Nl.~) L .,_ ~. Four hundred fifty (450) parking spaces for the Aspen Highlands Ski No Change Area Parking Two hundred and thirty (230) off-street parking spaces for the affordable No Change housing and tourist accommodation units and AHV emplo ees Exhibit F Page 3 of 5 STAFF COMMENTS: The applicant has withdrawn a portion of the original application that would have required a Growth Management review. The original application would have required one (1) free-market residential allotment, but because all free-market allotments for this year have been assigned to other projects, the Applicant decided to withdraw that portion of the application. The portion still under review includes the proposed golf course, and the relocation of one, approved but un- built free market unit. The original PUD called for thirty-two (32) four-bedroom residential dwelling units. One of these was never built, leaving the applicant with a credit of one (1) four- bedroom free-market dwelling unit. The Applicant is able to build this unit without receiving a Growth Management review. Because the unit will not be built in the location approved in the PUD, a PUD Amendment is required. PUD AMENDMENT: As part of the land use review, the Applicant is requesting a PUD Amendment. The PUD review process is used to evaluate amendments to the original PUD. 1. Change-in-use from RetaiUMeeting Space to Free Market Residential The change-in-use from retail and condo meeting space is not consistent with the Aspen Area Community Plan. It will result in the elimination of approximately 46% of the existing Condominium meeting room space and the elimination of approximately 15% of the existing retail space. The Philosophy section of the Economic Sustainability chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change- in-use from retail to free-market residential contradicts this goal by eliminating retail space that would otherwise be available to local and external merchants. Staff finds the overall long-term success of Aspen relies on adequate availability of retail and office space. The proposed conversion will eliminate some of the few available retail and office spaces within the city's growth boundary. The Highlands PUD is mixed-use, so in general residential and retail spaces should be inter-mixed to create an area with vitality. By eliminating a portion of at-grade, slope- side retail space, the intended vitality is degraded. The proposed mini-golf course is adjacent to the retail space in Building 2 that is being proposed to turn into aFree-Market residential unit. Staff finds that the long-term vitality of the retail space can be enhanced by the mini-golf course and that Aspen is in need of retail and office spaces like the ones proposed to be eliminated in this application. Staff finds the change-in-use does not meet the criteria for a PUD Amendment. 2. Mini Golf Course The proposed mini-golf course will help increase vitality in the PUD and will provide an additional attraction for locals and visitors to Aspen. Staff finds the mini-golf course is consistent with the AACP and meets all the criteria for a PUD Amendment Exhibit F Page 4 of 5 Aspen Hi ands Subdivision Amendment Exhibit F ~~ Aspen H'~ands Subdivision Amendment Exhibit F In reviewing the PUD Other Amendment, the project meets the criteria in part and does not meet the criteria in part. The mini-golf course proposal meets all PUD review criteria, and will add an additional amenity to the community. The change-in-use does not meet the PUD review criteria, as it is not consistent with the original PUD approval, is not consistent with the AACP, and is not consistent with the surrounding uses. Staff recommends den in the change-in-use and improving the mini-golf course. SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval because the development of free market dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. The units will need to be condominiumized in order to demarcate ownership. Once construction is completed, the developer must file a condominium plat and documents approvable by the Community Development Director. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. The proposed change-in-use is interior to the buildings, and is therefore consistent with the approved plat. Staff recommends approving the subdivision for the change- an use only if the change in use PUD Amendment for the change-in-use from retail and condo meeting space to fee market residential units is granted by the Planning and Zoning Commission. The proposed mini-golf course is an existing open area that is used as ski access in the winter months. The mini-golf course is consistent with the approved plat. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Housing Department, Environmental Health Department, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: In reviewing the proposal, Staff believes that the golf course portion of the project is generally consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code, while the Change-in-Use portion of the project is inconsistent with the goals of the AACP and the applicable review standards in the City Land Use Code. Staff recommends approval of the golf course portion of the project and denial of the Change-in-Use portion of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Resolution No._, Series of 2006, to approve of a Substantial PUD Amendment for the construction of a mini-golf course; and to approve the requested PUD Amendment for the conversion of retail/condominium meeting space to one (1) free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential." Exhibit F Page 5 of 5 Aspen Highlan Subdivision Amendment Exhibit G RESOLUTION N0.34 - 2006 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT; AND FURTHER RECOMMENDING THAT THE ASPEN CITY COUNCIL APPROVE A SUBDIVISION AND CONDOMINIUMIZATION ASSOCIATED WITH A OF CONVERSION CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to convert one (1) commercial space and a condominium meeting space in Building 2 to one (1)free-market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of commercial and condominium meeting space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and Zoning Commission did not pass Resolution No. 34 Series of 2006, by a two to three (2 - 3) vote, approving a Substantial PUD Amendment for the conversion of commercial and condominium meeting space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion ofoffice/retail space to free market residential; and, WHEREAS, the Planning and Zoning Commission approved a motion to reconsider the Application on December 19, 2006 in order to clarify the action taken on December 5, 2006 by a four to zero (4 - 0) vote; and, WHEREAS, upon reconsideration on December 19, 2006, the Planning and Zoning Commission moved to continue the reconsideration to January 2, 2007; and, WHEREAS, upon reconsideration on January 2, 2007, the Planning and Zoning Commission moved to continue the reconsideration to February 6, 2007; and, WHEREAS, upon reconsideration on February 6, 2007, the Planning and Zoning Commission approved Resolution No. 34 Series of 2006, by a three to two (3 - 2) vote, approving a Substantial PUD Amendment for the conversion of condominium meeting room space and commercial space in building 2 of the Aspen Highlands PUD to one (1) free market residential unit. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of condominium meeting room space to retail space; and, Resolution No. 34, Series 2006 Page 1 of 5 Aspen HighlanSubdivision Amendment Exhibit G WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related subdivision/condominiumization requests meet the applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment for the conversion of condominium meeting space and commercial space in Building 2 of the Aspen Highlands PUD to one (1) free market residential unit; and further recommends that the Aspen City Council approve a subdivision and condominiumization associated with a conversion condominium meeting room space to retail space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS .CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a subdivision amendment for the conversion in use and that, should City Council grant subdivision approval, the Applicant shall record a revised subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to the Certificate of Occupancy. Section 3• PUD Plat and Agreement 1. An Amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C), as determined to be necessary by the Community Development Department. 2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final condominium plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. Resolution No. 34, Series 2006 Page 2 of 5 ,~„., ,~~ Aspen Highlan Subdivision Amendment Exhibit G Section 4• Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. A construction noise suppression plan submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. e. A construction management plan (CMP), pursuant to the Building and Engineering Department requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The CMP shall meet all the requirements described in Section & of this resolution. f. Accessibility and ADA requirements shall meet adopted building code requirements. Section 5• Dimensional Requirements The proposed development as presented in the plans contained within the application dated May 24, 2006 and the application amendment dated November 15, 2006, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 6• Trash/iJtility Service Area All trash containers used in construction shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. All other trash/utility service areas shall comply with previous approvals in the PUD. Section 7• Construction Management A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. Resolution No. 34, Series 2006 Page 3 of 5 ~1~ .d Aspen Highlan~Subdivision Amendment Exhibit G As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of--ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required if the City's right- of-way is used for construction purposes. Section 8: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Sect= This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Secti°n 1~: If any. section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th day of February, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Ruth Kruger, Chair ATTEST: Jac'e Lothian, Deputy City Clerk G:\city\Jessica\Cases\AHV PUD Amend\Substantial\feb 6 2007 hearing\AHV conversion reso AS PASSED.doc Resolution No. 34, Series 2006 Page4of5 ~,eu,e µ~w~b~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: L~`1~V/ / ~ Aspen, CO SCHEDULED PUBLIC HEARING DATE: j I , 200 STATE OF COLORADO ~ ss. County of Pitkin ) I, C~ (name, please print) b g or repres~,,~~t,ing an Applicant to the City of Aspen, Colorado, hereby personally certify that I~~t~e complied with the public notice requirements of Section 26.304.560 ($) of the Aspe~•~Ct±n~ZJ~o C~d~ ~jtsfc?~owing manner. f ! ~ ~~.* ; Publication of notice: By the publication in the legal notice section of an official paper or a paper of general cuciilatlon u1 the Cily of ASpeia at ieast fifteen (i.~i) days prior,to the public hearing. A copy of the publication is attached hereto. • Posting of naticra.•• By posting o~notsce, which form was obtained from the ' .' .~ .~"o~'tt~piu~ity S~/elbpmeat~p~ent, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the~bl~ hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) t Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Q~P\'' ~ TA t~~GG •2 <n '°, ~ ' The fo going "Affidavit of Notice" was aclrn wledged before me this~~day ,,; , ~4 ' of ~j ~ , 200' ]bY (2'( ~i w >>~`. ~/~ LAG ,PLO ~~ CO~OQ, Ad ommissror Expires t WITNESS w1Y HAIv'D Aiv'D OFFICIAL Su~rL / 3~ 2~2009 PUBLIC NOTICE RE: ASPEN HIGHLANDS VIL - ~ A ~ I ~ ` LAGE - SUBDIVI- ~ SIGN OTHER AMENDMENT ~ a ~ My commission expires: NOTICE IS HEREBY GIVEN that a public hearing I will be held on Monday, April 9, 2007 to be at a me i ti /~/~ ~~~ /~~ ~` ~ ~~ ~ ~ `~'~~% , g e ng n at 5:00 p.m. before the Aspen Cit Coun- na S ty c ~ ' y TiV j ~ ~ ~V ~i/T/ V ~ `~ _ 111 t gspen to consider an application submitted by the Hines Highlands Li i Notary Pub11C m ted Partnership, 133 Prospector Drive, #4111, Aspen, Colorado 81011 owner of the subject , property, represented by Davis Horn Inc. The applicant is requesting a Sub- division Amendment t o create amulti-family unit in Building 2 of the Highlands PUD. The property is legally described as CONDO: ASPEN HIGH- LANDS CONDO Plop aor~d~N HIGHLANDS BLOCK H, City andTo ' f wnsi teo Aspen. For fur- ther information, contact Jessica Garrow at the City of Aspen Communit D y evelopment Department, jessi ag~c aspen.co.usen, CO, (970) 429.2780, j ATTACHMENTS: s/S.Jasmine T re Chair Aspen Planning and Zoning Commission Publish in the Aspen Tim COPY OF TIIE PUBLICATTON es on March 25, 2007 City of Aspen Account (233563) TOGRAPH OF THE POSTED NOTICE (SIG1~ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE DATE ~; ; ~~~ ~ ___-- TIME s ~,~ PLACE L I T Y 1fAIL ,ly 5 6.\LFNA Atrrw/ PURPOSE ,~f wnc I oY.~+• NFA0.. aab Pu0. Sin n~~•,•^~. n,HFR AM FMO H/=NT "Ip ~,aG w.1E NYIT Lw1~11Y alNH 211 lu.fa..arv Hv DHO Lt4µ.~. ASrfN NlrNa.AMn." ~.Nyne PNi r nNi Atnc lc N wc~0.4 IJfc N.N0.f N.ANC~AN 02 Pw,•r Nfa sH•I ~0.n•Tfcrew (.a~rEw =_r E u ca -.- fOR rURTNER IMf ORM~TION GOR7~ 7: t]0 f101T11[N~ fTER1N-[M CO OI ~ONfPION PUBLIC NOTICE DATE ~,a~ , __- TIME l.1~., _ __ - - _ - PLACE f . , y „RI, ,,,, , xAf1 Nw Mr. w/ PURPOSE,., .n - ~••~ - Af11 NHr\f N . arm _YC aN wN.I n.N r•+~4, LII.M A.r/NH N•.1Yn• in. ^+. __ ~ I alma M •Ya• -_- • Nn +wN n. ., H/a .~•• n, twos roar w nw~.e w . to _.___- .-. -.. uxtx R IORYRIIRM C~,I IY x .x^l[~tr II~I~M IIAR1110.xR II + f OAlfxf 11, AfIfM L I~~OINO f~rn r ,~i1~•e. ~~,. +~ ~ ~ ~~~Y ATTACFiIitIENT 7 AFFIDAVIT OF F'UB~,IC NOTICE REQUIRED BY SECTION 26.3©4.A6A (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ ~'~ ~'~~ D~T~ b F ~ ~e ~ t) t t 1 ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~ ~ GI ~-~{S~'~ , 200 STATE OF COLORADO ) ss. County of Pitltin ) I, ~ ~ h r ~ J ~'~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~~~ Publicati of notice: By t ublication in t egal notice secti of an offici _ ~ ~ ~~,.,~ pa or a paper of al circulation i e City of Aspen a ast fifteen ays prior to the.. lic hearing. A py of the publicati is attached reto. ~~r Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from theme day of ~r~~_, 200 ~ , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. : Mailing of notice. By the mailin f a notice obtained from t Community Developme Department, wh' contains the informatio escribed in Section 26.304. (E)(2) of the As n Land Use Code. At 1 fifteen (15) days prior to ¢i ~, the p is hearing, notic was hand delivered or sled by first class postage ~G ~~~ ~~ pr aid U.S. mail to .owners of property in three hundred (300) feet of the ~~ , A,~J roperty subject t e development appl' tion. The names and addresses of ,F ~ ~ property owner shall be those on the rrent tax records of Pitkin County as they appeared no., ore than sixty (60) ys prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .~' ~'"` ,~"'* __...._ - _ '~~~ ~r text amendment. Whenever the offic.wi ~onirb uia:~:i r~iap is in ~:;~~~ way Yo be changed or amended incidental to or. as pa;~ of a g~~t~eral revision of this Title, or whenever the text of this Title is to b~ ~meud?~,, whether such revision be made by repeal of this Title ar~d enactmen~ of a nevi land use regulation, or otherwise, the requirement of an accurate suxvey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business ours for fifteen (15) days prior to the public hearing on such amendments. ~ The fo egoing, "Affidavit of Notice" was acl~owledg before me this day of ~ r ( , 200 ~~, by G e n n_ Y ~l WITNESS MY HAND AND OFFICIAL SEAL ~.~..P U B~~c M commission ire ~ ~ s~pt~ `-..~ Y P 0~~y50N o '~ ~~~ N~zry Public dq rE OE G ATTAC>hTMENTS: COPYOF THEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST i~F Ti~E OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL t State of Colorado ) ss County of Pitkin ) AFFIDAVIT OF JANET RACZAK I, GLENN HORN, Affiant, being of lawful age and duly sworn upon my oath, do depose and state as follows: 1. A true and correct copy of the Public Notice for the Aspen Highlands Village Subdivision Other Amendment, was placed in the U.S. Mail, first-class postage prepaid, to all those named in the list provided by the City of Aspen GIS Office (attached) on the 23rd day of March, 2007. FURTHER, AFFIANT SAYETH NOT. GL N HO Date The foregoing instrument was acknowledged and signed before me ori~'~(.u~Li(. 02~ , 2007 by Glenn Horn. WITNESS my hand and official seal. My commission expires: 10/6/2008 c~oTaRy,o ~~} ~ `r~ f. lCi ~~• 0%°-.:b=, ~~~~yy 1., \.',~...yIY ~,~ ~.. Q~ ~'~iOTARY PUBLIC Janet L. Raczak 215 S. Monarch St 106 Aspen CO 81611 rrr/ PUBLIC NOTICE RE: ASPEN HIGHLANDS VILLAGE -SUBDIVISION OTHER AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will beheld on Monday, April 9, 2007, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Hines Highlands Limited Partnership, 133 Prospector Drive, #4111, Aspen, Colorado 81011, owner of the subject property, represented by Davis Horn Inc. The applicant is requesting a Subdivision Amendment to create amulti-family unit in Building 2 of the Highlands PUD. The property is legally described as CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H, City and Townsite of Aspen. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessicag@ci.aspen.co.us. s/ S Jasmine Ty~re, Chair Aspen Planning and Zoning Commission Publish in the Aspen Times on March 25, 2007 City of Aspen Account ~'~.° ir..' CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 (970)920-5040 GLEN HORN DAVIS HORN INC 215 S MONARCH ST STE 104 ASPEN, CO 81611 ~..r+' INVOICE 112334 Page 1 of 1 Qt.}L~'D~1TE 3/20/2007 AGGOUKT- 00391 ANF7 DUE 66.16 AMOUNT PAID MAKE CHECKS PAYABLE TO THE CITY OF ASPEN Please Remit to: CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 ~u. ~la3Ab-O9-008-L uol~nalsul,p wog tianennnnnn ap~na; el za~~nsuo~ 'ASPEN HIGHLANDS COMMERCIAL METRO DIST 715 W MAIN ST ASPEN, CO 81611 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BIGGINS KENNETH MARK 0115 BOOMERANG RD #5406 ASPEN, CO 81611 BUYSSE MICHAEL & ANIR 0115 BOOMERANG RD #5107 ASPEN, CO 81611 DAANE OLIVIA O & DEWEY 0199 PROSPECTOR RD #3106 ASPEN, CO 81611 DOMOSZLAY KATALIN 0115 BOOMERANG RD #5410 ASPEN, CO 81611 FAGAN CHARLES D PO BOX 1107 ASPEN, CO 81612 GRAUER DONNA 517 E HOPKINS ASPEN, CO 81611 HAWK JUDSON LOUIS III 507 LAKE CT BASALT, CO 81621 HIRE CHARLES J PHYLLIS F ET AL C/O RED DIAMOND LTD 619 LINDA ST #200 ROCKY RIVER, OH 44116 T ®09is~A2J3Atl/~ ~uawa6~ey~ ap suas ®091s ~a3/1tJ ilaege6 al zasgl;6 ~ salad ~ salhe; sa~anbl;~ ASPEN HIGHLANDS COMMERCIAL ASPEN HIGHLANDS CONDO ASSOC INC METRO DIST C/O CONTROLLER C/O ABACUS BOOKKEEPING 0075 PROSPECTOR RD PO BOX 9164 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN THUNDERBOWL LLC BERG KEVIN C/O FRIAS PROPERTIES OF ASPEN LLC 3432 N JANSSEN 730 E DURANT AVE CHICAGO, IL 60657 ASPEN, CO 81611 BUILDING 7 LLC BURROWS HUGH l~ SARA C/O ASPEN SKIING COMPANY 0115 BOOMERANG RD #5106 PO BOX 1248 ASPEN, CO 81611 ASPEN, CO 81612 CALDERINI PABLO CHAUNER RONALD M SOSNA CALDERINI ANA CARINA PO BOX 8782 5 BAYBERRIE LN ASPEN, CO 81612 GREENWICH, CT 06831 DANIEL ROBERT JR DELAK ERICA 517 E HOPKINS 0199 PROSPECTOR RD #3102 ASPEN, CO 81611 ASPEN, CO 81611 DUNN MICHAEL & SHERRI FADALE JENNIFER B 0115 BOOMERANG RD #5102 PO BOX 3653 ASI~EN, CO 81611 ASPEN, CO 81612 FEHER LAWRENCE D GOSDA HEATHER 0115 BOOMERANG RD #5404 0199 PROSPECTOR RD #3110 ASPEN, CO 81611 ASPEN, CO 81611 HALFERTY SARA HARPRO LLC 215 S MONARCH AVE STE 202 PO BOX 8769 ASPEN, CO 81611 ASPEN, CO 81612 NINES HIGHLANDS LP NINES HIGHLANDS LP 0133 PROSPECTOR RD #4111 PO BOX 5115 ASPEN, CO 81611 ASPEN, CO 81612 KEATING CHRISTOPHER J & SUZANNE R LAING JAMES M 0199 PROSPECTOR RD #3107 517 E HOPKINS ASPEN, CO 81611 ASPEN, CO 81611 ~~~ Taan}eaj laad ~(se3 ao} ~~ waded paadT ~ ®091s 31`d1dW31 pbaand as0 ~~ ~ Isaac unn~nncw ~nr ~.~...,~ .-.-.. [,..., __ A~J3AtJ-(`09-008-1 uol~na;sul,p worti~nennnnnn aillna} el za~insuo~,,,,„„ LISMAN ADRIANA LUONG MEI YEE 0115 BOOMERANG RD - #5308 10 CLOUD NINE LN ASPEN, CO 81611 ASPEN, CO 81611 ~uawa6~ey~ ap suag ®09L5 ®Jla3AtJ;l~ege6 al zaslll3~ ~ salad ~ salpe} sa~snb~ LYONS MICHAEL MACHUCA JOSE 1690 HOMESTAKE DR SIBRIAN JENNI ASPEN, CO 81612 0199 PROSPECTOR RD #3111 ASPEN, CO 81611 MCCANN KEVIN J & ELIZABETH MEYERSTEIN TRUST 0199 PROSPECTOR RD #3113 5555 TELEGRAPH RD ASPEN, CO 81611 COMMERCE, CA 90040 NERAL CHRISTOPHER J NETTLETON ANDREW 0115 BOOMERANG RD #5405 0199 PROSPECTOR RD #3102 ASPEN, CO 81611 ASPEN, CO 81611 RANDEL LINDA RECH LAURIE & CHRISTOPHE PO BOX 2603 0199 PROSPECTOR RD #3109 ASPEN, CO 81612 ASPEN, CO 81611 RIOS JUAN A ROCKY MTN CATTLE VENTURES LLC 10 CLOUD NINE LN 300 S HUNTER ST ASPEN, CO 81611 ASPEN, CO 81611 SCRAPER ROBERT P SHANKS ROBERT H 0133 PROSPECTOR RD #4201 0115 BOOMERANG RD #5304 ASPEN, CO 81611 ASPEN, CO 81611 SMITH SARAH SPOFFORD FRANK 199 PROSPECTOR RD UNIT 3112 PO BOX 2535 ASPEN, CO 81611-4306 ASPEN, CO 81612 TAYLOR JOSEPH W & NORA S THOMPSON JESSE 0115 BOOMERANG RD #5108 0115 BOOMERANG RD #5408 ASPEN, CO 81611 ASPEN, CO 81611 LYONS DAVID C 0155 BOOMERANG RD #5409 ASPEN, CO 81611 MBEREKO ISAAC TP 8 LAUREN P PO BOX 10296 ASPEN, CO 81612 MORSE ROGER 133 PROSPECTOR RD UNIT 4212 ASPEN, CO 81611-3390 PURCELL ERICA 0115 BOOMERANG RD #5403 ASPEN, CO 81611 REED TIMOTHY G & LYSA S 0199 PROSPECTOR RD #3105 ASPEN, CO 81611 SAUDERS STEVE 0199 PROSPECTOR RD #3104 ASPEN, CO 81611 SILVERA CHERIE R 133 PROSPECTOR RD #4305 ASPEN, CO 81611-3391 STEWART MILTON M JR & CAROLE C 0115 BOOMERANG RD #5103 ASPEN, CO 81611 THOMSEN CERENA E & CHRISTIAN 0199 PROSPECTOR RD #3103 ASPEN, CO 81611 THUNDERBOWL DEVELOPMENT CO LLC ULTIMA III LLC 95 BARBER GREENE RD #305 C/O QUEENSGATE BANK ~ TRUST CO UMBARGER MARK R DON MILLS LTD 0115 BOOMERANG RD #5407 ONTARIO CANADA, M3C 3ED PO BOX 30868 ASPEN, CO 81611 GRAND CAYMAN, CAYMAN ISL ®0915 a J1~3/~dn '_~,~ Taan}ea3 laad ~(se3 ao; ~.~ waded paaaT ',,~ O ~~ d fl T 0915 31`dld W 31 titian as J1213Atl-U9-008-1 w6~ ti~-e•nnnnnn VAN CHASE LLC 750 HEARTHSTONE BASALT, CO 81621 uo!~n~;sul,p aplna} el za;lnsuo~ WILTROUT BOYCE W 201 CYPRESS LN COLORADO SPRINGS, CO 80906 WEIN TERRI & EVAN 2 COVENTRY CT PURCHASE, NY 10577 WITT PATRICIA 0115 BOOMERANG #5109 ASPEN, CO 81611 iuawa6~ey~ ap suas ®0915 ®A2l3Ab;I~ege6 al zas!II~D ~ salad ~ sa~l~e; sa~snb!;~ WILLE RESIDENCES CONDO ASSOC COMMON AREA T ,.nv_~ ., ia~~~Nl\~1J1 Taanlea~ laad ~(se3 ao; ~~ waded paadT ;a ~~ ®0915 31d1dW31®~aand as0 C ,1Qc. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner/ ~ ~~~ RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 34, Series 2006 - (Parce12735- 142-13-550/552) DATE: February 6, 2007 This hearing on the reconsideration of the Aspen Highlands PUD Amendment for a conversion in use was continued from December 19, 2006 and January 2, 2007. At the January 2, 2007 meeting, the Applicant proposed the possibility of converting the Condominium Meeting Room space into Commercial space. The Planning and Zoning Commission requested more information on this proposal and continued the meeting to February 6, 2007. Since the January 2, 2007 meeting, Staff has determined that there are no more Commerical Growth Management Allotments available for the March 1, 2006 -March 1, 2007 growth management year. Based on this determination, the Applicant has decided to continue with an application to convert the Commercial and Condo Meeting Room spaces to one (1)free-market residential unit. This unit would use an existing residential credit the Aspen Highlands Village PUD has. BACKGROUND: At the December 5, 2006 hearing, the Planning and Zoning Commission voted to approve Resolution No. 33, Series 2006 which approved a PUD Amendment to allow for the construction of a mini-golf course at Highlands. The vote was four (4) to one (1) in favor of the motion. At the same meeting the Commission voted to approve Resolution No. 34, Series 2006, which would have approved a PUD Amendment to allow for achange-in-use from commercial space to free-market residential space in Building 2 of the Highlands PUD. The motion failed, with a vote of two (2) in favor and three (3) against. According to the Land Use Code, this constituted a "failed motion." At that point, Staff should have directed the Commission to make a motion to deny the proposed change-in-use in Building 2. This would have constituted an "action" as is required in the Land Use Code (see section 26.212.050, Quorum and necessary vote). Because this was not done, the Commission did not take action, as is required, which prompted Staff to request the Commission make a Motion of Reconsideration at the Commission's December 19, 2006 meeting. This Motion of Reconsideration was made for the change-in-use from Commercial and Condo Meeting Room spaces to one (1)free-market residential unit. C Staff has prepared Resolution No. 34, Series 2006, which denies the proposed change-in- use for Building 2 (attached), as was the intention of the voting that occurred at the December 5, 2006 public hearing. STAFF RECOMMENDATION: Staff recommends denial of the proposed change-in-use from Commercial and Condo Meeting Room spaces to free-market residential space. Staff finds that the proposal does not meet the intent of the AACP, does not implements the intent of the "base village" aspect of the original Highland PUD, and does not meet the review criteria for a PUD Amendment (See Exhibits A and B). Staff finds that the conversion in this space will result in a long-term decrease in the vitality of the area, as the space in question is on the ground floor adjacent to the Highlands pedestrian walking mall.. While the Applicant pointed out at the December 5, 2006 hearing that some free-market residential space exist on the ground floor of other buildings, these spaces do not have the same prominent location on the mall that the space in Building 2 does. Staff finds that by permanently eliminating this retail space, the opportunity for enhanced vitality of Aspen Highlands will be diminished. Additionally, the space in question provides needed office space for the City of Aspen. By converting this to free-market residential, this office space is eliminated. While staff recognizes the difficulty the Applicant has had in making the current space perform to their wishes, Staff does not agree with the Applicant that converting the space to afree-market unit is the appropriate solution. Staff feels another solution, which will yield more lasting benefits to the community, can be found and implemented in this location. Staff recommends against the requested PUD Amendment to convert Commercial/Meeting Room space in Building 2 to Free-Market Residential. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Resolution No. 34, Series of 2006, to deny a Substantial PUD Amendment for the conversion of commercial/condominium meeting space in Building 2 to one (1) free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Co ncil the denial of the requested subdivision associated with the conversion of~"ffice/retai~pace to free market residential." ATTACHMENTS: EXHIBIT A -PUD Other Amendment Review Criteria and Staff Findings EXHIBIT B -Subdivision Other Amendment Review Criteria and Staff Findings °~,, ~;~~a~_~ PLANNING COMMISSIONER NOTES: RESOLUTION N0.34, SERIES OF 2006 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION DENYING A PUD AMENDMENT FOR THE CONVERSION OF COMMERCIAL AND CONDOMINUIM MEETING SPACE TO ONE (1) FREE- MARKET RESIDENTIAL UNITS; AND FURTHER RECOMMENDING THAT THE ASPEN CITY COUNCIL DENY A SUBDIVISION AND CONDOMINIUMIZATION ASSOCIATED WITH A CONVERSION OF COMMERCIAL AND CONDOMINIUM MEETING ROOM SPACE TO A FREE- MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to construct amini-golf course and to convert one (1) commercial space and a condo meeting place to one (1) free-market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of commercial space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and Zoning Commission did not pass Resolution No. 34 Series of 2006, by a two to three (2 - 3) vote, approving a Substantial PUD Amendment for the conversion of commercial space and condominium meeting room space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of commercial space and condominium meeting room space to free market residential; and, WHEREAS, the Planning and Zoning Commission made a motion to reconsider the Application on December 19, 2006; and, WHEREAS, upon reconsideration on December 19, 2006, the Planning and Zoning Commission moved to continue the reconsideration to January 2, 2007; and, WHEREAS, upon reconsideration on January 2, 2007, the Planning and Zoning Commission moved to continue the reconsideration to February 6, 2007; and, WHEREAS, upon reconsideration on February 6, 2007, the Planning and Zoning Commission approved Resolution No. 34 Series of 2006, by a to L - ~ vote, denying a Substantial PUD Amendment for the conversion of commercial space and condominium meeting room space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommends to the City Council the denial of the requested Resolution No. 34, Series 2006 Page 1 `. subdivision associated with the conversion of commercial space and condominium meeting room space to free market residential.; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change- in-use and related subdivision/condominiumization requests do not meet the applicable development standards and are not consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby denies a PUD Amendment for the conversion of commercial and condominium meeting space to one (1)free-market residential unit; and further recommends that the Aspen City Council deny a subdivision and condominiumization associated with a conversion of commercial and condominium meeting room space to afree-market residential unit for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council deny subdivision approval for the conversion. Should City Council grant subdivision approval, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No. 34, Series 2006 Page 2 ~^ ~:~r` Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. PASSED BY the Planning and Zoning Commission of the City of Aspen on this 6`~' day of February, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Ruth Kruger, Chair G:\cityVessica\Cases\AHV PUD Amend\Substantial\AHV conversion reso.doc Resolution No. 34, Series 2006 Page 3 ~rr+~ EXHIBIT A -PUD OTHER AMENDMENT An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Pursuant to Land Use Code section 26.445.100, a "PUD Other Amendment" must be compatible with current community circumstances. In evaluating the compatibility with the community, there are no set review standards, but proposed amendment can be evaluated based on the PUD review standards outlined in Land Use Code section 26.445.050, including: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. The change-in-use from commercial and meeting rooms to residential is not consistent with the Aspen Area Community Plan. Since the original approval, the PUD has been amended a number of times to change FAR for certain units. Staff found in favor of these amendments because they did not increase the overall FAR of the PUD, and instead shifted FAR on certain lots. This requested change is more significant than previous ones because it would alter the overall land use make-up of the PUD. When PUDs are approved, they are approved with a certain land use mix. Staff finds that significantly altering that mix contradicts the intention of the original PUD process and the Aspen Area Community Plan. The change-in-use will result in a decrease of 700 sq. ft. of meeting room space (NLA) and 3,260 sq. ft. of commercial space (NLA). This equals a decrease of approximately 15% of the available commercial space and a decrease of 46% of the available condominium meeting room space. Staff finds this is a significant loss of retail and office use space, and is not consistent with the goals of the Aspen Area Community Plan. The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change-in-use from. retail to free-market residential contradicts this goal by eliminating retail space that would otherwise be available to local and external merchants. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will eliminate some of the few available retail and office spaces within city boundaries. Exhibit A -PUD Review Criteria Page 1 h~ ~. While development in Aspen Highlands in general would meet some of the Aspen Area Community Plan's goals (i.e. Transportation, as the development is in an area served by mass transit, and Growth Management, as the development is within the Urban Growth Boundary), this specific development does not meet the goals of the AACP. Staff finds this criterion is not met for the change-in-use. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The change from retail/meeting rooms to free-market residential uses is not consistent with the character of the land uses in the area. The change-in-use will result in the elimination 46% of the existing of condominium meeting room space and a decrease in retail space of approximately 15%. This decrease is not consistent with the existing uses, as it eliminates these uses from the mix approved in the original PUD. Staff finds this criterion is not met for the change-in-use. 3. The proposed development shall not adversely affect the future development of the surrounding area. The proposed change-in-use will adversely affect future development in the surrounding area, as it will require additional building to occur if retail or condominium meeting rooms are needed in the future. Because the proposed development eliminates these spaces, the change-in-use adversely impacts the future potential development in the approved PUD. Staff finds this criterion is not met for the change-in-use. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. The change-in-use does not require a GMQS allotment because the unit will be built using an approved but un-built Free Market unit development right. Staff finds this criterion is not applicable. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: Exhibit A -PUD Review Criteria Page 2 ~. ^w+/ 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed change-in-use would not drastically alter the existing dimensions, as the changes are internal and would not require new structures. Staff finds this criterion to be met. b. Natural or man-made hazards. No natural or man-made hazards will be altered. Staff finds this criterion to be met. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. The existing natural characteristics will not be changed by the proposed change-in-use. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. The proposed change-in-use will decrease the amount of car traffic in the area. This is discussed in more detail in section I2 below. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The change-in-use will result in internal changes only. This will not change the character of the PUD or the area. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. The proposed change-in-use will require four 4 parking spaces. These will be provided by converting four (4) of the existing fifty-eight (58) employee parking spaces to dedicated spaces for the new free-market units. The existing parking area will accommodate the parking needs for the mini-golf course. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria Page 3 b. The varying time periods of use, whenever joint use of common parking is proposed. Joint parking is not proposed for this project. Staff finds this criterion is met. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. RFTA provides transit service to the area. An auto distinctive program is in place for the PUD. Staff finds this criterion to be met. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Aspen Highlands Village is an activity center in Aspen and is located approximately 4 miles from Aspen's commercial core. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. The utilities in place can adequately serve the proposed changes to the PUD. Staff finds this criterion to be met. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. There are adequate roads in the PUD. Staff finds this criterion to be met. S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• The proposed changes are not located near any natural hazards or critical natural site features. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if.• Exhibit A -PUD Review Criteria Page 4 ,.~> The change-in-use will not change the density in the PUD. Staff finds this criterion to not be applicable. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: The change-in-use will not impact the site design, as it is occurring within an existing building. Staff finds the Site Design criteria to not be applicable for the change-in-use request. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: The change-in-use will not impact the landscaping plan, as it will occur within existing structures. Staff finds the landscaping criteria to not be applicable for the change-in-use request. E. Architectural Character. 1. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the Ciry while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed changes will not impact the architectural character of the existing PUD as no new structures are proposed. Staff finds this criterion is not applicable. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The proposed changes will not impact the lighting of the existing PUD as the lighting plan has been approved and implemented. Staff finds this criterion is not applicable. Exhibit A -PUD Review Criteria Page 5 G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: The change-in-use does not include any open space or recreation areas, it is occurring within an existing building. Staff finds the Common Park, Open Space, or Recreation Area criteria to not be applicable for the change-in-use request. Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The proposed free-market residential unit will have access to the existing public infrastructure facilities. There is capacity to accommodate the change-in-use. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. There will be no adverse impacts on the existing public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. The proposed development will not require the PUD area to provide additional improvements, utilities, or facilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. The proposed change-in-use will have access to a public street. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria Page 6 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. The proposed change in use will decrease the amount of automobile trips generated. The traffic generation rates for the PUD were agreed upon by RFTA, the City, and the County in the original land use process. The rates are based on the Maroon Creek Corridor Detailed Transportation Plan in the Aspen Highlands Village Detailed Submission Consolidated Plan. According to this data, the meeting room space does not generate automobile trips, and the existing retail spaces generate 78.35 daily automobile trips. The residential use will generate 4.55 daily automobile trips The change in use, therefore, will result in a decrease of 73.8 daily automobile trips. Staff finds this criterion to be met for the change-in-use. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. S. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The existing streets in the PUD are privately maintained and made available to the public. The proposed development will not alter the public access to these streets. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. The streets within the PUD are not gated and do not include any entryway expressions. The proposed development will not add any such expressions. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria Page 7 J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The change-in-use is proposed to be developed upon application approval. There is no phasing proposed for this application. Staff finds this criterion to not be applicable. Exhibit A -PUD Review Criteria Page 8 l~ EXHIBIT B -SUBDIVISION OTHER AMENDMENT Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. The proposed change-in-use will not impact the approved plat, as the changes are interior to Buildings 2 and 4. The applicant must file a revised condominium plat upon completion of the change-in-use and prior to the units being sold. Staff finds the change- in-use request is consistent with the approved plat. Staff finds this criterion to be met. Exhibit C -Subdivision Review Criteria Page 1 ,. ~. ~ -r ~~ MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planne~~ RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 1, Series 2007 - (Parce12735- 142-13-550/552) DATE: January 2, 2007 This hearing on the reconsideration of the Aspen Highlands PUD Amendment for a conversion in use was continued from December 19, 2006. Attached to this memo is the Staff Memo from December 19, 2006 and December 5, 2006 which outline the history of this proposal and action taken by the Planning and Zoning Commission. Anew Application from the Applicant has not been attached, but if one is needed please contact Jackie Lothian to receive one. Staff recommends denial of the proposed change-in-use from retail space to free-market residential space. Staff finds that the proposal does not meet the intent of the AACP and does not meet the review criteria for a PUD Amendment. Staff finds that the conversion in this space will result in a long-term decrease in the vitality of the area, as the space in question is on the ground floor adjacent to the Highlands pedestrian walking mall. While the Applicant pointed out at the December 5, 2006 hearing that some free-market residential space exist on the ground floor of other buildings, these spaces do not have the same. prominent location on the mall that the space in Building 2 does. Staff finds that by permanently eliminating this retail space, the vitality of Aspen Highlands will be diminished. Additionally, the space in question provides needed office space for the City of Aspen. By converting this to free-market residential, this office space is eliminated. Staff recommends against the requested PUD Amendment to convert Commercial/Meeting Room space in Building 2 to Free-Market Residential. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. 1, Series of 2007, to deny a Substantial PUD Amendment for the conversion of retail/condominium meeting space in Building 2 to one (1) free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential." .~,, µr MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 34, Series 2006 - (Parcel 2735- 142-13-550/552) DATE: December 19, 2006 At the December 5, 2006 hearing, the Planning and Zoning Commission voted to approve Resolution No. 33, Series 2006 which approved a PUD Amendment to allow for the construction of a mini-golf course at Highlands. The vote was four (4) to one (1) in favor of the motion. At the same meeting the Commission moved to approve Resolution No. 34, Series 2006, which would have approved a PUD Amendment to allow for achange-in-use from retail space to free-market residential space in Building 2 of the Highlands PUD. The motion failed, with a vote of two (2) in favor and three (3) against. At that time, a Code Interpretation stating that a failed motion does not constitute an action was in effect. This interpretation was overturned by City Council at their December 11, 2006 meeting. In order to clarify the record, Staff recommends the Planning and Zoning Commission make a Motion to Reconsider the Aspen Highlands PUD Amendment dealing with the change- in-use. Staff has prepared a Resolution, Resolution No. 34, Series 2006, which denies the proposed change-in-use for Building 2 (attached), as was the intention of the voting that occurred at the December 5, 2006 public hearing. In order for an action to take place, the Commission must make a motion to re-consider the change-in-use portion of the Highlands PUD Application at the December 19, 2006 meeting. Then the Commission must move to approve a new Resolution. If the motion fails, staff will work with the Commission to draft a Resolution that can receive a favorable vote. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. 34, Series of 2006, to deny a Substantial PUD Amendment for the conversion of retail/condominium meeting space to one (1) free- market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential." MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 33, Series 2006 -Public Hearing (Parce12735-142- 13-550/552) DATE: November 21, 2006 APPLICANT /OWNER: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. LOCATION: CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City and Townsite of Aspen, CO, commonly known as 133 Prospector Street. CURRENT ZONING & USE PUD including a mix of retail uses, free-market residential, and affordable housing. PROPOSED LAND USE: 1. Relocation of afree-market development right to an existing commercial space; 2. Creation of a mini-golf course STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the project in part, and deny the project in part. SUMMARY: Page 1 of 6 Photo of proposed mini-golt course area Photo of change-in-use area ~. ~ ,., LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Growth Management Exemption for a Change in Use pursuant to Land Use Code Section 26.470.040 C.S. (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). PUD Amendment for the relocation of an approved free-market unit, a change in use from retail to free-market residential, and the development of a mini-golf course pursuant to Land Use Code Section 26.445.100 B. (The Planning and Zoning, Commission is the final review authority, who may approve, approve with conditions, or deny the proposal. The Applicant may appeal the decision to the City Council, in which case the Planning and Zoning Commission's decision shall be considered a recommendation to City Council). Additionally, the following land use requests will be reviewed and acted upon by the City Council: • Subdivision Amendment for the development of a mini-golf course and for the creation of two free-market units pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). PROJECT SUMMARY: The Applicant, Hines Highlands Limited Partnership, has requested the approvals necessary to make changes to the Aspen Highlands Village site specific development plan. The changes include converting existing retail space and condo meeting room space in Buildings 2 one free- market residential unit, and developing amini-golf course at the base of the ski slopes. The property is part of the Aspen Highlands Village PUD, which received final plat approval from the Pitkin County Board of County Commissioners in 1998. The area was annexed into the city in 2000. The proposed changes to the existing PUD include: Converting existing retail spaces and a Condominium Meeting Room (Condo PH 2 Units C-2101, 2103, and 2104) in Building 2 to one free-market four bedroom residential dwelling unit. • Amending the Aspen Highlands Village PUD Plan to develop amini-golf course between Buildings 2 and 4. Page 2 of 6 ..~.~ Table 1: Use Mix A roved in the on final PUD Seventy-three (73) tourist No Change Tourist accommodation units Accommodations Thirty-seven (37) Category 1 dorm No Change units (to house 61 people) Thirty-one (31) single family detached No Change Free-Market tree-market dwelling units Residential- Thirty-two (32) free-market townhouse Relocate 1 (no increase;in number dwelling units of free-market units approved) ` Twenty-two (22) four bedroom single No Change famil Cate o 4 affordable sale units One (1) three bedroom single family Category 4 affordable housing sale No Change units Affordable Eight (8) Category 1 and eight (8) Housing Category 2 one bedroom multi-family No Change sale units Two (2) Category 3 one bedroom No Change rental units Five (5) Category 3 two bedroom No Change rental units Other Residential Ten (10) Caretaker Dwelling Units No Change Twenty-one thousand, six hundred Decrease of 3,260 sq. ft. of NLA (21,600) square feet of retail space (approximately 15% decrease in NSA retails ace Fourteen thousand, one hundred Commercial twenty-five (14,125) square feet of No Change restaurants ace NLA Twelve thousand (12,000) square feet No Change of accessory skier services (NLA) Approximately 1,500 square feet built Decrease of 700 sq. ft_ of NLA [Three thousand (3,000) square feet of (46.6% decrease in condominium Meeting Rooms condominium meeting rooms (NLA) meeting rooms) a roved in on final PUD One thousand eight hundred (1,800) No Change square feet of meeting rooms (NLA) Four hundred fifty (450) parking spaces for the Aspen Highlands Ski No Change Area Parking Two hundred and thirty (230) off-street parking spaces for the affordable No Change housing and tourist accommodation units and AHV emplo ees Two thousand two hundred (2,2000) No Change ' Other square feet of ski area storage (NLA} Page 3 of 6 STAFF COMMENTS: The applicant has withdrawn a portion of the original application that would have required a Growth Management review. The original application would have required one (1) free-market residential allotment, but because all free-market allotments for this year have been assigned to other projects, the Applicant decided to withdraw that portion of the application. The portion still under review includes the proposed golf course, and the relocation of one, approved but un- built free market unit. The original PUD called for thirty-two (32) four-bedroom residential dwelling units. One of these was never built, leaving the applicant with a credit of one (1) four- bedroom free-market dwelling unit. The Applicant is able to build this unit without receiving a Growth Management review. Because the unit will not be built in the location approved in the PUD, a PUD Amendment is required. PUD AMENDMENT: As part of the land use review, the Applicant is requesting a PUD Amendment. The PUD review process is used to evaluate amendments to the original PUD. 1. Change-in-use from RetaiUMeeting Space to Free Market Residential The change-in-use from retail and condo meeting space is not consistent with the Aspen Area Community Plan. It will result in the elimination of approximately 46% of the existing Condominium meeting room space and the elimination of approximately 15% of the existing retail space. The Philosophy section of the Economic Sustainability chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change- in-use from retail to free-market residential contradicts this goal by eliminating retail space that would otherwise be available to local and external merchants. Staff finds the overall long-term success of Aspen relies on adequate availability of retail and office space. The proposed conversion will eliminate some of the few available retail and office spaces within the city's growth boundary. The Highlands PUD is mixed-use, so in general residential and retail spaces should be inter-mixed to create an area with vitality. By eliminating a portion of at-grade, slope- side retail space, the intended vitality is degraded. The proposed mini-golf course is adjacent to the retail space in Building 2 that is being proposed to turn into aFree-Market residential unit. Staff finds that the long-term vitality of the retail space can be enhanced by the mini-golf course and that Aspen is in need of retail and office spaces like the ones proposed to be eliminated in this application. Staff finds the change-in-use does not meet the criteria for a PUD Amendment. 2. Mini Golf Course The proposed mini-golf course will help increase vitality in the PUD and will provide an additional attraction for locals and visitors to Aspen. Staff finds the mini-golf course is consistent with the AACP and meets all the criteria for a PUD Amendment In reviewing the PUD Other Amendment, the project meets the criteria in part and does not meet the criteria in part. The mini-golf course proposal meets all PUD review criteria, and will add an additional amenity to the community. The change-in-use does not meet the PUD review criteria, as it is not consistent with the original PUD approval, is not consistent with Page 4 of 6 the AACP, and is not consistent with the surrounding uses. Staff recommends den in the change-in-use and improving the mini-golf course. SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval because the development of free market dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. The units will need to be condominiumized in order to demarcate ownership. Once construction is completed, the developer must file a condominium plat and documents approvable by the Community Development Director. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. The proposed change-in-use is interior to the buildings, and is therefore consistent with the approved plat. Staff recommends improving the subdivision for the change- in use only if the change in use PUD Amendment for the change-in-use from retail and condo meeting space to free market residential units is granted by the Planning and Zonis Commission. The proposed mini-golf course is an existing open area that is used as ski access in the winter months. The mini-golf course is consistent with the approved plat. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Housing Department, Environmental Health Department, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: In reviewing the proposal, Staff believes that the golf course portion of the project is generally consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code, while the Change-in-Use portion of the project is inconsistent with the goals of the AACP and the applicable review standards in the City Land Use Code. Staff recommends approval of the golf course portion of the project and denial of the Change-in-Use portion of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: . "I move to approve Resolution No._, Series of 2006, to approve of a Substantial PUD Amendment for the construction of a mini-golf course; and to approve the requested PUD Amendment for the conversion of retail/condominium meeting space to one (1) free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential." Page 5 of 6 ATTACHMENTS: EXHIBIT A - PUD Other Amendment Review Criteria and Staff Findings EXHIBIT B -Subdivision Other Amendment Review Criteria and Staff Findings EXHIBIT C -Housing Referral dated August 2, 2006 EXHIBIT D - Envirorunental Health comments dated July 25, 2006 EXHIBIT E -Development Review Committee meeting minutes dated July 12, 2006 Ext[ts1T F -Application Amendment PLANNING COMMISSIONER NOTES: RESOLUTION NO. 1 - 2007 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION DENYING A PUD AMENDMENT FOR THE CONVERSION OF RETAIL AND CONDOMINUIM MEETING SPACE TO ONE (1) FREE-MARKET RESIDENTIAL UNITS; AND FURTHER RECOMMENDING THAT THE ASPEN CITY COUNCIL DENY A SUBDIVISION AND CONDOMINIUMIZATION ASSOCIATED WITH A CONVERSION OF RETAIL AND CONDOMINIUM MEETING ROOM SPACE TO AFREE-MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to construct amini-golf course and to convert one (1) retail spaces and a condo meeting place to one (1) free- market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of retail space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and Zoning Commission did not pass Resolution No. 34 Series of 2006, by a two to three (2 - 3) vote, approving a Substantial PUD Amendment for the conversion of office/retail space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential; and, WHEREAS, the Planning and Zoning Commission made a motion to reconsider the Application on December 19, 2006; and, WHEREAS, upon reconsideration on December 19, 2006, the Planning and Zoning Commission moved to continue the reconsideration to January 2, 2007; and, WHEREAS, upon reconsideration on January 2, 2007, the Planning and Zoning Commission approved Resolution No. 1 Series of 2007, by a _ to - L - ~ vote, denying a Substantial PUD Amendment for the conversion of office/retail space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential.; and, Resolution No. 34, Series 2006 • Page 1 ,.~, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change- in-use and related subdivision/condominiumization requests do not meet the applicable development standards and are not consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby denies a PUD Amendment for the conversion of retail and condominium meeting space to one (1) free-market residential unit; and further recommends that the Aspen City Council deny a subdivision and condominiumization associated with a conversion of retail and condominium meeting room space to afree-market residential unit for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council deny subdivision approval for the conversion. Should City Council grant subdivision approval, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion Resolution No. 34, Series 2006 Page 2 ~^ fir' shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. PASSED BY the Planning and Zoning Commission of the City of Aspen on this 2°d day of January, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair G:\city\Jessica\Cases\AHV PUD Amend\Substantial\AHV conversion reso.doc Resolution No. 34, Series 2006 Page 3 EXHIBIT A -PUD OTHER AMENDMENT An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council. Pursuant to Land Use Code section 26.445.100, a "PUD Other Amendment" must be compatible with current community circumstances. In evaluating the compatibility with the community, there are no set review standards, but proposed amendment can be evaluated based on the PUD review standards outlined in Land Use Code section 26.445.050, including: A. Genera! requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. The change-in-use from commercial and meeting rooms to residential is not consistent with the Aspen Area Community Plan. Since the original approval, the PUD has been amended a number of times to change FAR for certain units. Staff found in favor of these amendments because they did not increase the overall FAR of the PUD, and instead shifted FAR on certain lots. This requested change is more significant than previous ones because it would alter the overall land use make-up of the PUD. When PUDs are approved, they are approved with a certain land use mix. Staff finds that significantly altering that mix contradicts the intention of the original PUD process and the Aspen Area Community Plan. The change-in-use will result in a decrease of 700 sq. ft. of meeting room space (NLA) and 3,260 sq. ft. of commercial space (NLA). This equals a decrease of approximately 15% of the available commercial space and a decrease of 46% of the available condominium meeting room space. Staff finds this is a significant loss of retail and office use space, and is not consistent with the goals of the Aspen Area Community Plan. The Economic Sustainability section of the Aspen Area Community Plan is especially instructive in this situation. The Philosophy section of the chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change-in-use from retail to free-market residential contradicts this goal by eliminating retail space that would otherwise be available to local and external merchants. Staff finds that Aspen's overall long-term success relies on adequate availability of retail and office space. The proposed conversion will eliminate some of the few available retail and office spaces within city boundaries. Exhibit A -PUD Review Criteria Page 1 While development in Aspen Highlands in general would meet some of the Aspen Area Community Plan's goals (i.e. Transportation, as the development is in an area served by mass transit, and Growth Management, as the development is within the Urban Growth Boundary), this specific development does not meet the goals of the AACP. Staff finds this criterion is not met for the change-in-use. The proposed development of a mini-golf course at the base of the ski area is consistent with the Aspen Area Community Plan. The proposed development is within the Aspen Growth Boundary and has access to mass transit and bike trails, meeting the "Managing Growth" and "Transportation" goals of the AACP. Further, the proposed mini-golf course will increase the economic sustainability of the area by creating an additional attraction to Aspen Highlands Village, and will provide employment opportunities. The mini-golf course will cater to Aspen's local and tourist populations, thus meeting the AACP's goal of "Economic sustainability." Staff finds this criterion is met for the mini-golf course. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The change from retail/meeting rooms to free-market residential uses is not consistent with the character of the land uses in the area. The change-in-use will result in the elimination 46% of the existing of condominium meeting room space and a decrease in retail space of approximately 15%. This decrease is not consistent with the existing uses, as it eliminates these uses from the mix approved in the original PUD. Staff finds this criterion is not met for the change-in-use. The proposed mini-golf course is consistent with the land uses in the area. The golf course will serve both the local and tourist populations in Aspen Highlands Village and in greater Aspen. The current PUD includes free-market residential, affordable housing, and tourist accommodation uses. These will benefit from the addition of the mini-golf course in the summer months. The area will be covered with snow in the winter months, continuing to operate as it does currently. Staff finds this criterion is met for the mini-golf course. 3. Tlie proposed development shall not adversely affect the future development of the surrounding area. The proposed change-in-use will adversely affect future development in the surrounding area, as it will require additional building to occur if retail or condominium meeting rooms are needed in the future. Because the proposed development eliminates these spaces, the change-in-use adversely impacts the future potential development in the approved PUD. Staff finds this criterion is not met for the change-in-use. Exhibit A -PUD Review Criteria Page 2 The proposed mini-golf course will not adversely affect future development. The course will provide an additional amenity in an area where large permanent structures cannot be built on due to its winter ski use. Staff finds this criterion is met for the mini-golf course. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. The change-in-use does not require a GMQS allotment because the unit will be built using an approved but un-built Free Market unit development right. Staff finds this criterion is not applicable. The mini-golf course is not subject to a GMQS review. Staff finds this criterion is not applicable for the mini-golf course. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed change-in-use would not drastically alter the existing dimensions, as the changes are internal and would not require new structures. The mini-golf course is compatible with existing and future land uses, as it is currently an open area used for skier access in the winter. The addition of the course will create an outdoor summer time attraction in the area which is consistent with the character of the area. Staff finds this criterion to be met. b. Natural or man-made hazards. No natural or man-made hazards will be altered. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria Page 3 tom` ,~~ rw./' c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. The existing natural characteristics will not be changed by the proposed change-in-use. The proposed mini-golf course will include some re-grading and other improvements, but will not significantly impact the existing natural characteristics. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. The proposed change-in-use will decrease the amount of car traffic in the area. This is discussed in more detail in section I2 below. The mini-golf course represents a draw to tourists and locals in the greater Aspen area. This will likely increase the amount of traffic. Trip generation rates for Aspen Highlands Village were provided in the Revised Maroon Creek Corridor Detailed Transportation Plan, but there are no rates for recreational type uses. While no precise rates can be calculated using the Institute of Traffic Engineers (ITE) trip generation model, amini-golf course would generate approximately 2.5 trips per hole per day. For this proposal, then, the automobile trips generated would equal 45 trips per day. This does not take into consideration any of these trips that would be made using alternative modes of transportation. Staff finds the mini-golf course will generate both transit and automobile trips. Staff finds these trips can be accommodated with the existing infrastructure, including parking and transit as the mini-golf course will only be open in the non-ski season when ample parking is available. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. The mini-golf course is the only external change in the PUD; the change-in-use will result in internal changes only. The mini-golf course will not affect the scale, massing, or open space of the PUD. It will alter a portion of open space that contains natural grasses. This will not change the character of the PUD or the area. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. Exhibit A -PUD Review Criteria Page 4 The proposed change-in-use will require four 4 parking spaces. These will be provided by converting four (4) of the existing fifty-eight (58) employee parking spaces to dedicated spaces for the new free-market units. The existing parking area will accommodate the parking needs for the mini-golf course. Staff finds this criterion to be met. b. The varying time periods of use, whenever joint use of common parking is proposed. Joint parking is not proposed for this project. Staff finds this criterion is met. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. RFTA provides transit service to the area. An auto distinctive program is in place for the PUD. Staff finds this criterion to be met. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Aspen Highlands Village is an activity center in Aspen and is located approximately 4 miles from Aspen's commercial core. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. The utilities in place can adequately serve the proposed changes to the PUD. Staff finds this criterion to be met. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. There are adequate roads in the PUD. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• The proposed changes are not located near any natural hazards or critical natural site features. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria Page 5 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if.• The change-in-use and the mini-golf course will not change the density in the PUD. Staff finds this criterion to not be applicable. C. Site Design. The purpose o}' this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: The change-in-use will not impact the site design, as it is occurring within an existing building. Staff finds the Site Design criteria to not be applicable for the change-in-use request. 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. The area of the proposed mini-golf course is currently vegetated with natural grasses. The golf course will require regrading of the area. The course will remain as skier access during the winter months -this skier access will not be negatively impacted by the re-grading. It will not disrupt any unique of historic natural or man-made features. Staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. The proposed mini-golf course will not include any structures. Staff finds this criterion to not be applicable. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. The mini-golf course will not create any new structures. The course will be located in the sight line of pedestrians walking between Buildings 2 and 4, providing added interest as pedestrians walk along the Aspen Highlands Village pedestrian area. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. The mini-golf course will not impact emergency or vehicle access. Staff finds this criterion to not be applicable. Exhibit A -PUD Review Criteria Page 6 C S. Adequate pedestrian and handicapped access is provided. The mini-golf course, as is outlined in the applicant's Attachment 8, will meet all accessibility requirements. Prior to construction of the course, the applicant will ensure these requirements are met via their building permits. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. The addition of the mini-golf course and the re-grading of the hill will impact the site's drainage. Any drainage issues will be addressed in the Applicant's landscaping plan at the time of building permit. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. The mini-golf course will allow for appropriate programmatic functions. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: The change-in-use will not impact the landscaping plan, as it will occur within existing structures. Staff finds the landscaping criteria to not be applicable for the change-in-use request. 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. The proposed mini-golf course will be built in an area currently inhabited by native grasses. These grasses will be replaced with turf upon construction of the mini-golf course. Constructing the mini-golf course will not negatively impact the surrounding vegetation. Staff finds this criterion to be met. Z. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. The mini-golf course will allow for the area to continue to be used as skier access in the winter months. There are no other significant man-made or natural features that will be impacted by the mini-golf course. Staff finds this criterion to be met. Exhibit A - PUD Review Criteria Page 7 +~,.: . ,. ~~ 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. The mini-golf course will require some native grasses to be removed. No other vegetation will be impacted by the mini-golf course. Staff finds this criterion to be met. E. Architectural Character. 1. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed changes will not impact the architectural character of the existing PUD as no new structures are proposed. Staff finds this criterion is not applicable. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The proposed changes will not impact the lighting of the existing PUD as the lighting plan has been approved and implemented. Staff finds this criterion is not applicable. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following. criteria shall be met: The change-in-use does not include any open space or recreation areas, it is occurring within an existing building. Staff finds the Common Park, Open Space, or Recreation Area criteria to not be applicable for the change-in-use request. Staff finds this criterion to be met. 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of tl:e various land uses and property users of the PUD. Exhibit A -PUD Review Criteria Page 8 ter` The proposed mini-golf course will enhance the overall character of -the PUD by providing a summer time recreational activity for residents and visitors. The mini-golf course will be located in proximity to the retail spaces in the PUD and within walking distance of the surrounding residences. Staff finds this criterion to be met. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Interest in the mini-golf course will not be divided amongst the PUD owners. It will operate as afor-profit venture. Staff finds this criterion to not be applicable. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. The mini golf course will not be divided amongst the PUD ownership. It will operate as afor-profit venture. Staff finds this criterion to not be applicable. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the Ciry's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. The proposed free-market residential unit and the mini-golf course will have access to the existing public infrastructure facilities. There is capacity to accommodate the change-in-use and the proposed mini-golf course. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. There will. be no adverse impacts on the existing public infrastructure. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. The proposed development will not require the PUD area to provide additional improvements, utilities, or facilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and Exhibit A -PUD Review Criteria Page 9 recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Both the mini-golf course and proposed change-in-use will have access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. The proposed change in use will decrease the amount of automobile trips generated. The traffic generation rates for the PUD were agreed upon by RFTA, the City, and the County in the original land use process. The rates are based on the Maroon Creek Corridor Detailed Transportation Plan in the Aspen Highlands Village Detailed Submission Consolidated Plan. According to this data, the meeting room space does not generate automobile trips, and the existing retail spaces generate 78.35 daily automobile trips. The residential use will generate 4.55 daily automobile trips The change in use, therefore, will result in a decrease of 73.8 daily automobile trips. Staff finds this criterion to be met for the change-in-use. The mini-golf course will likely result in an increase the number of daily automobile trips. The Maroon Creek Corridor Detailed Transportation Plan details traffic generation rates for retail uses. Staff finds these rates are inappropriate for amini- golf course, as the ITE traffic generation manual includes rates for amini-golf course that are significantly lower than those rates agreed upon for traditional retail uses in the Maroon Creek Corridor Detailed Transportation Plan. According to the ITE manual, each mini-golf hole will generate 2.5 trips per day, for a total of 45 trips in the proposed Aspen Highlands Village mini-golf course. Given the available parking and transit service, staff finds the increase in trips can be accommodated with existing infrastructure. Staff finds this criterion to be met for the mini-golf course. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. Exhibit A -PUD Review Criteria Page 10 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposed development will not result in any changes to the existing Trail easements. Staff finds this criterion to be met. S. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The existing streets in the PUD are privately maintained and made available to the public. The proposed development will not alter the public access to these streets. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. The streets within the PUD are not gated and do not include any entryway expressions. The proposed development will not add any such expressions. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The proposed mini-golf course and change-in-use are proposed to be developed upon application approval. There is no phasing proposed for this application. Staff finds this criterion to not be applicable. Exhibit A -PUD Review Criteria Page 11 s^~ ~~ ,,. ~r EXHIBIT B -SUBDIVISION OTHER AMENDMENT Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. The proposed change-in-use will not impact the approved plat, as the changes are interior to Buildings 2 and 4. The applicant must file a revised condominium plat upon completion of the change-in-use and prior to the units being sold. Staff finds the change- in-use request is consistent with the approved plat. The mini-golf course will be located in Blocks D and H of the PUD. Block D includes Buildings 2 and 4, and Block H includes a skiing easement. The mini-golf course development will impact the open areas of these blocks by altering the landscaping in the area. Staff finds the mini-golf course is consistent with the approved plat. Staff finds this criterion to be met. Exhibit ~j-Subdivision Review Criteria Page 1 .. MEMORANDUM TO: Jessica Garrow FROM: Cindy Christensen, Housing DATE: August 2, 2006 s-~ibit v RE: ASPEN HIGHLANDS VILLAGE; SUBSTANTIAL PUD AMENDMENT, GMQS EXEMPTIONS FOR CHANGE IN USE Parcel ID No. 2735-142-13-553 ISSUE: The applicant is requesting approval to convert existing spaces permitted for retail and a condominium meeting room to one free-market, four-bedroom residential dwelling unit; convert existing space permitted as retail space to one free-market, three-bedroom residential dwelling unit; and develop a mini golf course at the base of the ski slopes. BACKGROUND: The applicant completed an employee audit in 2004 that showed the applicant was entitled to a credit of 14.89 full-time equivalent employees (FTE's). The Housing Authority at a May 5, 2004 meeting approved the audit. The applicant is proposing a change in use of the retail space in building 4 to a residential three- bedroom dwelling unit. An assumption has been made that this will be athree-bedroom residential dwelling unit. Aspen Highlands Village PUD required providing affordable housing for 60% of the residents housed in the free-market residential units. Based on this 60% rate, the applicant would be required to provide employee housing for 1.8 people (3 X 60%) to offset the development of one three-bedroom dwelling unit. The retail space required a higher generation of FTE's; therefore, there was a net gain of 4.2 people housed in affordable housing. The four-bedroom free-market residential unit proposed for building 2 is proposed to be built utilizing the credit from the free- market townhouse that was not built. The approvals for the Aspen Highlands PUD Subdivision were vested in perpetuity. RECOMMENDATION: The Board reviewed the application at their regular meeting held August 2, 2006 and due to the fact that their vesting rights cover the mitigation for the change in use, approve the application. The Board did not see an issue with utilizing the current credits that were associated with the initial project and what the audit showed; however, at no time would the Board recommend any further addition to the FTE credit under this change in use or any other change in use. C MEMORANDUM -~xh~ b~ t D To: Jessica Garrow, Community Development Department From: Jannette Murison, City Environmental Health Department Date: July 25, 2006 Re: Aspen Highlands Village PUD Insubstantial Variances, Subdivision Amendment and GMQS The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13.08] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..."The Land Use Regulations (Chapter 26 of the Municipal Code) seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The land use code states that the density of a PUD may be reduced if the proposed development will have a pernicious [negative] effect on air quality in the surrounding area and the City. Staff was unable to generate a rate using the standard Institute of Traffic Engineers Trip Generation Rates. However, staff does know that this additional use will increase trips to and from Highlands and recommend that they ensure that the development does not have a pernicious effect on air quality in the surrounding area and the City of Aspen. The Environmental Health Department recommends that the following PM-10 mitigation measure be implemented: 1. Pay the City of Aspen's Air Quality Impact Fee (if in place by building permit submittal). ENVIRONMENTAL QUALITY: The applicant is planning on installing two gas fire hearths at Aspen Highlands Village. The Environmental Health Department does not recommend the use of fire hearths based on their green house gas (GHG) emissions. However, if the applicant does install the gas fire hearths then we strongly recommend that they annually offset onsite or offsite, 100% of the GHG emissions from both fire hearths. As a frame of reference, the City's fire hearth is projected to generate 42,000 pounds of GHG emissions which requires mitigation. In order for the applicant to accurately calculate them fire .~.r hearths GHG emissions they will need to consult with Dan Richardson, City of Aspen's Global Warming Manager. The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments and reminders: FUGITIVE DUST: Any development must implement adequate dust control measures. A fugitive dust control plan is required as part of the applicants erosion control plan. A fugitive dust control plan may include, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the properly line or causing a nuisance. A fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment, Air Quality Control Division if this project will last greater than 6 months. TRASH STORAGE AREA: The applicant should make sure that the trash storage area has adequate wildlife protection. We recommend recycling containers be present wherever trash compactors or dumpsters are located due to the City of Aspen's new Waste Reduction Ordinance, Chapter 12.06. A total of at least 20-27* square feet of the utility/trash service area is recommended for recycling facilities. One 90-gallon toter = 2"x2.5" (Ssq. ft.). Need one for each: co-mingled, office paper, newspaper = 15sq. ft. Cardboard - At minimum could use atoter = Ssq. ft and at most need a cardboard dumpster = 12sq.ft (3"x4"). Facility can have required space reduced if facility uses a cardboard shelf = Osq.ft The applicant is advised that with the new Waste Reduction Ordinance recycling services will be included with any trash hauling service. contracted during construction. It is important that the applicant plan for adequate space for recycling during the construction of the project. Recycling services will include the following recyclable material: Cardboard, Co-mingled (plastic bottles, aluminum, steel cans and glass bottles), Newspaper and Office Paper. NOISE ABATEMENT: Section 18-04-01 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and to its visitors. Noise has an adverse effect on the psychological and physiological well being of persons, thus constituting a present danger to the economic and aesthetic well-being of the community. " During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. ~. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted,high noise levels. A construction noise suppression plan must be submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. MEMORANDUM To: Development Review Committee From: Alex Evonitz, Com. Dev. Engineer Date: July 12, 2006 Re: Aspen Highlands PUD Insubstantial Variances, Amendments and GMQS Review The Development Review Committee has reviewed the Aspen Highlands PUD Insubstantial Variances, Amendments and GMQS Review at their July 12, 2006 meeting and has compiled the following comments: Attendees; Alex Evonitz, Com. Dev. Eng.; Andy Trautner Engineering; Jessica Garrow, Planner Community Development; Brian Flynn, Parks. Building Department - No attendance Fire Protection District - No attendance Engineering Department -Trautner Engineering; • Water valves near the existing bowling lawn need to come flush with finish grade. • All drainage that currently runs as over-surface flows to the two existing inlets will need to be picked up by the new system of one inlet and subsurface drains. The intent of this is to ensure that the overall drainage from the site does not change with this new work. Housing Office - No Attendance Zoning Officer - No Attendance Environmental Health - No attendance Planning -Jessica Garrow; • Comments will be provided in the staff report Parks -Brian Flynn; • Issues currently exist with the proliferation of noxious'weeds in and around the Highlands PUD. This issue needs to be addressed if possible with this PUD amendment request. Water/Electric - No Attendance ~,~~,. ~:,., Page 2 of 2 July 12, 2006 Aspen Highlands PUD Amendment Community Development Engineer -Alex Evonitz; • Approvals from the Aspen Highlands Utility Districts will need to be obtained and included in the permit application package. • No further comment at this time. Comments may be generated at the time of permit application. • Parking - No Attendance Aspen Consolidated Waste District - No Attendance - L`Xhibrt F Davis Horn~- PLANNING & REAL ESTATE CONSULTING November 15, 2006 RECEIVED Jessica Garrow E`~i ? tit ~ ~ `, ~~;~ City of Aspen Community Development Department 130 South Galena Street ~U~L®ING ~~'~N Aspen, Colorado 81611 QEPARTME~' Re: Aspen I-Jighlands Village Planned Unit Development: Substantial PT,rD Amendment Dear Jessica: Hines Hines Highlands Limited Partnership () is represented by Davis Horn Incorporated in this matter. Thank you for meeting with Bob Daniel and me on Monday to discuss the Aspen Highlands Village Planned Unit Development (AHV PUD) Substantial PUD Amendment. This letter addresses some of the issues which we discussed on Monday and in our telephone discussions since that meeting. Application Amendment The May 24, 20061and use application requests approval for a Change in Use Growth Management Quota System (GMQS) Exemption to change existing retail space, in Building 4 to residential space. This request requires a GMQS allotment from the 2006 residential pool. The City staff has determined that there are not any allotments remaining in the 2006 residential pool. Consequently, the Applicant is withdrawing the Change in Use GMQS exemption component of the application. The balance of the requests in the application remain intact. Background Regarding Existing Commercial Space The Applicant submitted the AHV PU~D application in June of 1993. The original application sought approval for a larger PUD which the Applicant felt was required for a vibrant ski area village. The original land use application sought approval for 215 residential dwelling units, 190 tourist accommodation units, 14, 390 square feet of restaurant space (Net Leasable Area/NLA) and 37,440 square feet of retail space (NLA). During the land use review process, Pitkin County required reductions of the residential dwelling units to 175 (-18 %) and tourist accommodations units to 73 (-61 %). Restaurant space was reduced to 14,125 square feet of NLA (-1.8 %) and retail space was reduced to 21,600 square feet of NLA (-42 %). At the time of these reductions, the Applicant feared that reductions in the number of residential units and particularly the tourist accommodations units would decrease the likelihood of the retail space being viable. Although the quantity of retail space was somewhat reduced, time and market have shown that the reduction was not large enough. The result has been a lack of customer traffic to support businesses in the village core. Despite the best efforts of the ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@rof.net ghorn@rof.net Applicant through creative lease structures offering tenant improvements and subsidizing events and activities, there remain vacancies in the existing retail spaces in Buildings 2 and 4. The practical length of the ski season is another factor hindering the success of the retail space. Ski seasons are typically comprised of approximately 105 to 110 days. As part of the natural patterns of skiers accessing the ski terrain, there are people in the village as potential customers for retail spaces, during portions of the ski day. During the evenings and non-ski season periods, there is limited customer traffic at AHV. Through the creation of a Merchant's Association and subsidizing events in the summer seasons and off-season, the Applicant has actively sought to increase non-ski season business in the village. However, despite such efforts, there is just not enough year round to create adequate demand to support the existing quantity of retail customers during the day. During the land use approval process, the City of Aspen and Pitkin County strongly discouraged the Applicant from creating "destination retail space" at AHV PUD. The City and County encouraged the Applicant to develop retail spaces which served the Aspen Highlands Ski Area and the tourist accommodations visitors and residents of AHV. The City and County as well as Maroon Creek residents did not want people to make single purpose shopping trips from Aspen and Pitkin County to AHV. Consequently, during the ski season, the parking garage at AHV is prioritized for skiers. This creates a limited amount of parking available for retail customers during the day. It is hoped that the proposed reduction in retail space that is part of the application has several effects; that it reduces the overall quantity of retail space, eliminates the unoccupied spaces at AHV and allows the Applicant to move forward with other improvements (miniature golf) to try to create more of an attraction to AHV during the summer to support the remaining retail and restaurant spaces. Summary This letter amends the AHV PUD application to eliminate the Change in Use GMQS Exemption request for Building 4. Additionally, this letter provides some additional background as to the challenges to make retail economically viable at AHV. Please include this letter as additional information for the Planning and Zoning Commission member' packet. . Thank you. Sincerely, DAVIS HORN INCORPORATED GLE HORN AICP Ewa' ~• MEMORANDUM TO: Aspen Planning and Zoning Commission /~ ~ THRU: Joyce Allgaier`C mmunity Development Deputy Director FROM: Jessica Garrow, Planner RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 34, Series 2006 - (Parce12735- 142-13-550/552) DATE: December 19, 2006 At the December 5, 2006 hearing, the Planning and Zoning Commission voted to approve Resolution No. 33, Series 2006 which approved a PUD Amendment to allow for the construction of a mini-golf course at Highlands. The vote was four (4) to one (1) in favor of the motion. At the same meeting the Commission moved to approve Resolution No. 34, Series 2006, which would have approved a PUD Amendment to allow for achange-in-use from retail space to free-market residential space in Building 2 of the Highlands PUD. The motion failed, with a vote of two (2) in favor and three (3) against. At that time, a Code Interpretation stating that a failed motion does not constitute an action was in effect. This interpretation was overturned by City Council at their December 1 1, 2006 meeting. In order to clarify the record, Staff recommends the Planning and Zoning Commission make a Motion to Reconsider the Aspen Highlands PUD Amendment dealing with the change- in-use. Staff has prepared a Resolution, Resolution No. 34, Series 2006, which denies the proposed change-in-use for Building 2 (attached), as was the intention of the voting that occurred at the December 5, 2006 public hearing. In order for an action to take place, the Commission must make a motion to re-consider the change-in-use portion of the Highlands PUD Application at the December 19, 2006 meeting. Then the Commission must move to approve a new Resolution. If the motion fails, staff will work with the Commission to draft a Resolution that can receive a favorable vote. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. 34, Series of 2006, to deny a Substantial PUD Amendment for the conversion of retail/condominium meeting space to one (1) free- market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential." E,.~, ,.~~, w~ RESOLUTION N0.34 - 2006 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION DENYING A PUD AMENDMENT FOR THE CONVERSION OF RETAIL AND CONDOMINUIM MEETING SPACE TO ONE (1) FREE-MARKET RESIDENTIAL UNITS; AND FURTHER RECOMMENDING THAT THE ASPEN CITY COUNCIL DENY A SUBDIVISION AND CONDOMINIUMIZATION ASSOCIATED WITH A CONVERSION OF RETAIL AND CONDOMINIUM MEETING ROOM SPACE TO AFREE-MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to construct amini-golf course and to convert one (1) retail spaces and a condo meeting place to one (1) free- market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of retail space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and Zoning Commission did not pass Resolution No. 34 Series of 2006, by a two to three (2 - 3) vote, approving a Substantial PUD Amendment for the conversion of office/retail space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential; and, WHEREAS, the Planning and Zoning Commission made a motion to reconsider the J Application on December 19, 2006; and, WHEREAS, upon reconsideration on December 19, 2006, the Planning and Zoning Commission approved Resolution No. 34 Series of 2006, by a - to L - ~ vote, denying a Substantial PUD Amendment for the conversion of office/retail space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential.; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, Resolution No. 34, Series 2006 Page 1 WHEREAS, the Planning and Zoning Commission finds that the proposed change- in-use and related subdivision/condominiumization requests do not meet the applicable development standards and are not consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby denies a PUD Amendment for the conversion of retail and condominium meeting space to one (1) free-market residential unit; and further recommends that the Aspen City Council deny a subdivision and condominiumization associated with a conversion of retail and condominium meeting room space to afree-market residential unit for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council deny subdivision approval for the conversion. Should City Council grant subdivision approval, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No. 34, Series 2006 Page 2 PASSED BY the Planning and Zoning Commission of the City of Aspen on this 19th day of December, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair G:\city\Jessica\Cases\AHV PUD Amend\SubstantialWHV conversion reso.doc Resolution No. 34, Series 2006 Page 3 Y~ MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No. 33, Series 2006 -Public Hearin (Parce12735-142-13-550/552) iIATF: December 5. 2006 This hearing is a continuation from the November 21S` Planning and Zoning meeting. Please bring the packet that was provided for that hearing. Staff has one correction to the staff memo from the previous meeting. On the first page, the memo gives an incorrect recommendation (the full recommendation in that packet, on page 5 of the Staff Memo, is correct) -the recommendation in the first page should read "Staff recommends the Planning and Zoning Commission approve the project in part, and deny the project in part.,, Attached to this packet is some additional information, including a map outlining where the proposed 4 bedroom free market unit will be located, as well as a citizen letter about the proposal. MEMORANDUM ~ TO: Aspen Planning and Zoning Commission ~~ THRU: Joyce Allgaier, Community Development Deputy Director FROM: Jessica Garrow, Planner RE: Aspen Highlands Village (133 Prospector Rd) -Substantial PUD Amendment, Subdivision -Resolution No.,,~ Series 2006 -Public Hearing (Parce12735-142- 13-550/552) DATE: November 21, 2006 APPLICANT' /OWNER: SUMMARY: Hines Highlands Limited Partnership REPRESENTATIVE: Glenn Horn, of Davis Horn Inc. LOCATION: CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City and Townsite of Aspen, CO, commonly known as 133 Prospector Street. CURRENT ZONING & USE PUD including a mix of retail uses, free-market residential, and affordable housing. PROPOSED LAND USE: 1. Relocation of afree-market development right to an existing commercial space; 2. Creation of a mini-golf course STAFF RECOMMENDATION: Staff recommends the Planning and Zoning Commission x~pgrQVe--~~ •~,~ ,....ins. ~, ~ ~ a~ l,~ M ~ ~ ~ ~ Page 1 of 6 Photo of proposed mini-golf course area Photo of change-in-use area ap""', +, LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Growt Mana ement Exem tion for a Change in Use pursuant to Land Use Code Section .4 0.040 C.S. (The Planning and Zoning Commission is the final review authority, w ay approve, approve with conditions, or deny the proposal). • PUD Amendment for the relocation of an approved free-market unit, a change in use from retail to free-market residential, and the development of a mini-golf course pursuant to Land Use Code Section 26.445.100 B. (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal. The Applicant may appeal the decision to the City Council, in which case the Planning and Zoning Commission's decision shall be considered a recommendation to City Council). Additionally, the following land use requests will be reviewed and acted upon by the City Council: • Subdivision Amendment for the development of a mini-golf course and for the creation of two free-market units pursuant to Land Use Code Section 26.480 (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). PROJECT SUMMARY: The Applicant, Hines Highlands Limited Partnership, has requested the approvals necessary to make changes to the Aspen Highlands Village site specific development plan. The changes include converting existing retail space and condo meeting room space in Buildings 2 one free- market residential unit, and developing amini-golf course at the base of the ski slopes. The property is part of the Aspen Highlands Village PUD, which received final plat approval from the Pitkin County Board of County Commissioners in 1998. The area was annexed into the city in 2000. The proposed changes to the existing PUD include: • Converting existing retail spaces and a Condominium Meeting Room (Condo PH 2 Units C-2101, 2103, and 2104) in Building 2 to one free-market four bedroom residential dwelling unit. • Amending the Aspen Highlands Village PUD Plan to develop amini-golf course between Buildings 2 and 4. Page 2 of 6 Table 1: Use Mi x A roved in the on final PUD Seventy-three (73) tourist No Change Tourist accommodation units Accommodations Thirty-seven (37) Category 1 dorm No Change units (to house 61 people) ily detached i 9~ f ~ ~.;~~~ -~ ~o Change ~~~ Free-Market nits well u ;free market d it 3 . Residential ~ (32) free-market townhouse 'Thirty=two Relocate 1 ~o ~r~crewas~ m number , _ . - _ ~ dwelling-units , . of-free=market units'appro~ed) Twenty-two (22) four bedroom single No Change famil Cate or 4 affordable sale units One (1) three bedroom single family Category 4 affordable housing sale No Change units Affordable Eight (8) Category 1 and eight (8) Housing Category 2 one bedroom multi-family No Change sale units Two (2) Category 3 one bedroom No Change rental units Five (5) Category 3 two bedroom No Change rental units Other Residential Ten (10) Caretaker Dwelling Units No Change Twenty-one thousand, six hundred Decrease of 3,260 sq. ft. of NLA (21,600) square feet of retail space (approximately 15% decrease in NSA retails ace Fourteen thousand, one hundred Commercial twenty-five (14,125) square feet of No Change restaurants ace NLA Twelve thousand (12,000) square feet No Change of accessory skier services (NLA) Approximately 1,500 square feet built Decrease of 700 sq. ft. of NLA [Three thousand (3,000) square feet of- (46.6% decrease in,condominium Meeting Rooms condominium meeting rooms (NLA) meeting rooms) - a roved in on final PUD One thousand eight hundred (1,800) No Change square feet of meeting rooms (NLA) - Four hundred fifty (450) parking spaces for the Aspen Highlands Ski No Change Area Parking Two hundred and thirty (230) off-street parking spaces for the affordable No Change housing and tourist accommodation units and AHV employees Other Two thousand two hundred.(2,2000) NQ' Change square feet of ski area storage (NLA) Page 3 of 6 STAFF COMMENTS' The applicant has withdrawn a portion of the original application that would have required a Growth Management review. The original application would have required one (1) free-market residential allotment, but because all free-market allotments for this year have been assigned to other projects, the Applicant decided to withdraw that portion of the application. The portion still under review includes the proposed golf course, and the relocation of one, approved but un- built free market unit. The original PUD called for thirty-two (32) four-bedroom residential dwelling units. One of these was never built, leaving the applicant with a credit of one (1) four- bedroom free-market dwelling unit. The Applicant is able to build this unit without receiving a Growth Management review. Because the unit will not be built in the location approved in the PUD, a PUD Amendment is required. PUD AMENDMENT: As part of the land use review, the Applicant is requesting a PUD Amendment. The PUD review process is used to evaluate amendments to the original PUD. 1. Change-in-use from Retail/Meeting Space to Free Market Residential The change-in-use from retail and condo meeting space is not consistent with the Aspen Area Community Plan. It will result in the elimination of approximately 46% of the existing Condominium meeting room space and the elimination of approximately 15% of the existing retail space. The Philosophy section of the Economic Sustainability chapter states, "The community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved." The change- in-use from retail to free-market residential contradicts this goal by eliminating retail space that would otherwise be available to local and external merchants. Staff finds the overall long-term success of Aspen relies on adequate availability of retail and office space. The proposed conversion will eliminate some of the few available retail and office spaces within the city's growth boundary. The Highlands PUD is mixed-use, so in general residential and retail spaces should be inter-mixed to create an area with vitality. By eliminating a portion of at-grade, slope- side retail space, the intended vitality is degraded. The proposed mini-golf course is adjacent to the retail space in Building 2 that is being proposed to turn into aFree-Market residential unit. Staff finds that the long-term vitality of the retail space can be enhanced by the mini-golf course and that Aspen is in need of retail and office spaces like the ones proposed to be eliminated in this application. Staff finds the change-in-use does not meet the criteria for a PUD Amendment. 2. Mini Golf Course The proposed mini-golf course will help increase vitality in the PUD and will provide an additional attraction for locals and visitors to Aspen. Staff finds the mini-golf course is consistent with the AACP and meets all the criteria for a PUD Amendment In reviewing the PUD Other Amendment, the project meets the criteria in part and does not meet the criteria in part. The mini-golf course proposal meets all PUD review criteria, and will add an additional amenity to the community. The change-in-use does not meet the PUD review criteria, as it is not consistent with the original PUD approval, is not consistent with Page 4 of 6 ~,"~'' ", the AACP, and is not consistent with the surrounding uses. Staff recommends den in the change-in-use and approving the mini-golf course. SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval because the development of free market dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. The units will need to be condominiumized in order to demarcate ownership. Once construction is completed, the developer must file a condominium plat and documents approvable by the Community Development Director. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. The proposed change-in-use is interior to the buildings, and is therefore consistent with the approved plat. Staff recommends approving the subdivision for the change- in use onl~if the change in use PUD Amendment for the change-in-use from retail and condo meeting space to free market residential units is granted by the Plannang and Zont~ Commission. The proposed mini-golf course is an existing open area that is used as ski access in the winter months. The mini-golf course is consistent with the approved plat. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Housing Department, Environmental Health Department, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: In reviewing the proposal, Staff believes that the golf course portion of the project is generally consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code, while the Change-in-Use portion of the project is inconsistent with the goals of the AACP and the applicable review standards in the City Land Use Code. Staff recommends approval of the golf course portion of the project and denial of the Change-in-Use portion of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Resolution No3~ Series of 2006, to approve of a Substantial PUD Amendment for the construction of a mini-golf course; and to approve the requested PUD Amendment for the conversion of retail/condominium meeting space to one (1) free-market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential." Page 5 of 6 ATTACHMENTS: EXHIBIT A - PUD Other Amendment Review Criteria and Staff Findings EXHIBIT B -Subdivision Other Amendment Review Criteria and Staff Findings EXHIBIT C -Housing Referral dated August 2, 2006 ExxistT D - Envirorunental Health comments dated July 25, 2006 EXHIBIT E -Development Review Committee meeting minutes dated July 12, 2006 EXHIBIT F -Application Amendment ExxlsiT B -Application Page 6 of 6 PLANNING COMMISSIONER NOTES: RESOLUTION NO. ~ - 2006 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT FOR THE CONSTRUCTION OF A MINI-GOLF COURSE, A PUD AMENDMENT FOR THE CONVERSION OF RETAIL AND CONDOMINUIM MEETING SPACE TO ONE (1) FREE-MARKET RESIDENTIAL UNITS; AND FURTHER RECOMMENDING THAT THE ASPEN CITY COUNCIL APPROVE A SUBDIVISION AND CONDOMINIUMIZATION ASSOCIATED WITH A CONVERSION OF RETAIL AND CONDOMINIUM MEETING ROOM SPACE TO AFREE-MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to construct amini-golf course and to convert one (1) retail spaces and a condo meeting place to one (1) free- market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on November 21, 2006, the Planning and Zoning Commission approved Resolution No., Series of 2006, by a - to - (_ - ___) vote, approving a Substantial PUD Amendment for the construction of a mini-golf course, and approving a PUD Amendment for the conversion of office/retail space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommends to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential.; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the mini-golf course development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change- in-use and related subdivision/condominiumization requests meet the applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan; and, Resolution No. ~-~ Series 2006 Page 1 u..,~, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a PUD Amendment for the construction of a mini-golf course, and approves a PUD Amendment for the conversion of retail and condominium meeting space to one (1) free- market residential unit; and further recommends that the Aspen City Council approve a subdivision and condominiumization associated with a conversion of retail and condominium meeting room space to afree-market residential unit for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve subdivision approval for the change-in-use and that, should City Council grant subdivision approval, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3• PUD Plat and Agreement 1. An Amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C), as determined to be necessary by the Community Development Department. 2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. Section 4• Building Permit Application The building permit application shall include the following: Resolution No. ~ ~ Series 2006 Page 2 a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. A construction noise suppression plan submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. e. An excavation-stabilization plan, construction management plan (CMP), and drainage and soils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department. Superintendent. The CMP shall meet all the requirements described in Section 8 of this resolution. f. Accessibility and ADA requirements shall meet adopted building code requirements. g. Approvals from the Aspen Highlands Utility Districts. Section 5: Dimensional Requirements The proposed development as presented in the plans contained within the application dated May 24, 2006 and the application amendment dated November 15, 2006, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 6: Trash/Utility Service Area Trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 7: Engineering a. Water valves near the existing bowling lawn must be flush with finish grade. b. All drainage that currently runs as over-surface flows to the two existing inlets must be picked up by the new system in order to ensure that the overall drainage from the site does not change with this new work. Section 8: Construction Management A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. Resolution No.?~ 3, Series 2006 Page 3 As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of--ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required if the City's right-of--way is used for construction purposes. Section 9: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 10: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 1 L• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of November, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair G:\city\Jessica\Cases\AHV PUD Amend\Substantial\AHV Reso 11-21-06.doc Resolution No. v3, Series 2006 Page 4 C November 21, 2006 To Aspen Planning and Zoning From Tom Ward, 2175 Maroon Creek Ranch Road, Aspen, Colorado Re: Highlands hearing Nov 21, 2006 I understand that Highlands would like to convert some of the commercial space to condominiums. I think this is not a good idea. I have lived in the Maroon Creek Valley for 24 years. I went to many hearings about the development of Highlands base village. I've heard all the arguments about critical mass, the reasons why it should be larger, and why the buildings had to be placed the way they were. I am also aware that the commercial part of Highlands is not working. What if: There were shops like the ones that used to exist in Aspen before the advent of the high priced purse stores -shops selling items that were interesting, unique and more affordable -like some of the shops in Basalt or Carbondale? Highland base village were known as the place to see and purchase artwork by local artists? There was a theatre space seating approximately 100 people, not unlike the Black Box Theatre at Aspen High School?. There were a couple of good affordable restaurants, a place that locals wanted to go? What if the replacement for Explore Books were at Highlands? What if the rents were subsidized or low enough making it possible for shopkeepers to make a go if it? The buildings were stained or painted a more inviting color, making the village less gloomy? What if parking at Highlands was easier for everyone especially those of us in the Maroon Creek valley wanting to take the bus? In Aspen's world ofhigh-stakes real estate, these are naive ideas. I'm not proposing we bring back the Aspen of old, but that consideration be given to making Highlands a more unique and affordable experience for locals and visitors. Aspen shops are not currently very unique. Yes, the stores carry expensive goods, which some tourists seem to want, but are mostly useless to the general public. I know Aspen's caters to an upper class Davis Horn~- PLANNING & REAL ESTATE CONSULTING November 15, 2006 ~~~~~~~ D Jessica Garrow City of Aspen Community Development Department ~~ V 1 6 2Q06 130 South Galena Street HSp~N Aspen, Colorado 81611 B~~LDING DEPART141E(~ Re: Aspen Highlands Village Planned LTrit Development: Substantial PUD Amendment Dear Jessica: Hines Hines Highlands Limited Partnership () is represented by Davis Horn Incorporated in this matter. Thank you for meeting with Bob Daniel and me on Monday to discuss the Aspen Highlands Village Planned Unit Development (AHV PUD) Substantial PUD Amendment. This letter addresses some of the issues which we discussed on Monday and in our telephone discussions since that meeting. Application Amendment The May 24, 20061and use application requests approval for a Change in Use Growth Management Quota System (GMQS) Exemption to change existing retail space in Building 4 to residential space. This request requires a GMQS allotment from the 2006 residential pool. The City staff has determined that there are not any allotments remaining in the 2006 residential pool. Consequently, the Applicant is withdrawing the Change in Use GMQS exemption component of the application. The balance of the requests in the application remain intact. Background Regarding Existing Commercial Space The Applicant submitted the AHV PUD application in June of 1993. The original application sought approval for a larger PUD which the Applicant felt was required for a vibrant ski area village. The original land use application sought approval for 215 residential dwelling units, 190 tourist accommodation units, 14, 390 square feet of restaurant space (Net Leasable Area/NLA) and 37,440 square feet of retail space (NLA). During the land use review process, Pitkin County required reductions of the residential dwelling units to 175 (-18 %) and tourist accommodations units to 73 (-61 %). Restaurant space was reduced to 14,125 square feet of NLA (-1.8 %) and retail space was reduced to 21,600 square feet of NLA (-42 %). At the time of these reductions, the Applicant feared that reductions in the number of residential units and particularly the tourist accommodations units would decrease the likelihood of the retail space being viable. Although the quantity of retail space was somewhat reduced, time and market have shown that the reduction was not large enough. The result has been a lack of customer traffic to support businesses in the village core. Despite the best efforts of the ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@rof.net ghorn@rof.net Applicant through creative lease structures offering tenant improvements and subsidizing events and activities, there remain vacancies in the existing retail spaces in Buildings 2 and 4. The practical length of the ski season is another factor hindering the success of the retail space. Ski seasons are typically comprised of approximately 105 to 110 days. As part of the natural patterns of skiers accessing the ski terrain, there are people in the village as potential customers for retail spaces, during portions of the ski day. During the evenings and non-ski season periods, there is limited customer traffic at AHV. Through the creation of a Merchant's Association and subsidizing events in the summer seasons and off-season, the Applicant has actively sought to increase non-ski season business in the village. However, despite such efforts, there is just not enough year round to create adequate demand to support the existing quantity of retail customers during the day. During the land use approval process, the City of Aspen and Pitkin County strongly discouraged the Applicant from creating "destination retail space" at AHV PUD. The City and County encouraged the Applicant to develop retail spaces which served the Aspen Highlands Ski Area and the tourist accommodations visitors and residents of AHV. The City and County as well as Maroon Creek residents did not want people to make single purpose shopping trips from Aspen and Pitkin County to AHV. Consequently, during the ski season, the parking garage at AHV is prioritized for skiers. This creates a limited amount of parking available for retail customers during the day. It is hoped that the proposed reduction in retail space that is part of the application has several effects; that it reduces the overall quantity of retail space, eliminates the unoccupied spaces at AHV and allows the Applicant to move forward with other improvements (miniature golf) to try to create more of an attraction to AHV during the summer to support the remaining retail and restaurant spaces. Summary This letter amends the AHV PUD application to eliminate the Change in Use GMQS Exemption request for Building 4. Additionally, this letter provides some additional background as to the challenges to make retail economically viable at AHV. Please include this letter as additional information for the Planning and Zoning Commission member' packet. . Thank you. Sincerely, DAMS HORN INCORPORATED GLE HORN AICP 1113/2006 10:33 97092550 DAVIS HORN Final Draft ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared for HINES 426 E_ Main Aspen, Colorado (970) 920-1801 prepared by pavis Hom Incorporated 215 S. Monarch Avenue Aspen, CO 81611 (970) 925-6587 September, 1997 ^ 11,x'13/2006 10:33 9x09255180 s . _.. ~`. R .. DAL+IS HORN PAGE 03/04 ands VtUage. 'l he United A mating room will be available for residents and guest9 of Aspen FTighl States Forest Service may utilize the ASS space as a Visitors Center in the summer. TABLE I1 I ASPEN gIGHI.ANDS VILLAGE DETAIL~IrOgDABLE H0 SING EXA.CriON LAN: ~ TOURIST ACCOMMODATIONS Nuauber of Employee Employed AIiO Ezadion People to T of S act Uuit9 or S.F. Generation Rate• Gatersted Rate be Housed Tourist Accotrunodatians 73 .4 29.2 .6 17.5 Restaurant (NLA) Wait-Service d,000 .0075 30.0 .6 18.0 ,~ Restaurant (NI.A) limited Wait-Service 2,000 .OOS 10.0 .6 6.0 ~tai1(NL,A) 8,000 .0035 28.0 .6 16.8 Condominium Room " 3,000 NA 3.5 .6 2.1 TOTAL NA NA 100.7 .6 60.4 • ~l~ Geflexaiion rates derived from Section 5-300.1 (c) Pltttin County Land Usa Codt. As per Section 5-300.1 (c) cmployx gcuesation is based upon Net I,easaDle Area Net T,eagable Area is 80% of Gross Retail Space and 6S Yo of ates are based upon 5 eraplayees per 1.000 of of MA resl8tuaat apem i on r Rcstmrc$at space Resre~aemt anployee generat for the limited wait service type dining and 7.5 employoa per 1,000 sff0rwait-service dining. • • Tlu eondaainium room, will be wed for s variety of functions. A total of 3.3 FTF.s will be Qeneralad ae approved by the 8000. ~, a ~ 12 ~ ~~~a~ 6nl ~ / I'+C Borate: Davis Hann 1ac.; September, 1997 24 ~.1/ 19/2006 10:33 9?09255 =•0 PAGE 04,''04 DAVIS HORN TABLE 12 i i ASPEN $IGHLANDS ~[,X.,,AGE DETAILED s~M~ PACE AND OLIDATED PLAN: INDEPENDENT CONIIViERCIAL ACCESSORY SIR SERVICES EMPLOYEE GENERATTON Employes AHO People Square Generation Employees gaaction to be Housa~ ' ' S Feet Rate Generated Rate act [ mmt;=cisl Retail ~~) 13,600 .0035 47.6 .6 28.6 R~trant (NI.A) wtlit-service Restaurant (Nl-~-) 2,oao .0075 is.o~ .6 9-0 Rcslaurant (NLA) i 125 6 ,005 30.6 .6 18.3 ce Limited Wait-serv , .: Mating Room 1,800 NA 2.8 .6 1-7 Ski Area Storages,: 2 200 NA NA .6 NA Subtotal 2S,7Z5 NA 96.00 .6 57.6 ~arce3sor'V CL'~r ReR^c~'g 8iC T 1C~cet Sa1_e9 ASS•"' 10,200 NA 9.4 ,6 5.6 1,800 NA 4.6 .6 2.8 Ticket Sales "" 14.0 .6 8.4 Subtotal 11,000 NA 110.0 .6 66.0 Grand Total 37,715 NA Employer t3eneratian rates derived ftvtn Scctioa 5-300.1 (c) pltldn Cooney Lnd Use Code. 1~e r~t~ ~PIoYOe • generatitm cares atr ~~ ~ S etnpl°yoca ~ 1,000 sf oFN~ restaurant space for the Lmtted watt sernce type dtIIlIIB and 7.5 eanployees per 1.000 sf for wait-service dining. Aa p~ Section s-300.1 (e) employee gmrsatian basod utpon Net Leasable Area 1~II.A for retail space = 80% Gross Leasable Area (GI-P`) end 65 °!o of restaurant spac~e- •• ntt m4etir-8 :vow will be used iatermitzenuy. A total oE2.8 FTFs will be generated es appanvrd by the BOCC. ... ~ qty Strrragc Space will be utilized for ski srorege, racing ~Pm~ anal other sli area related 1lmttions. (fie ) y Skier Services -Public end employee resC rooms, ski school. ticket sales, guest sernc~-. sb PH°'O~ ~'~ •••• pcvgtttm, lift operations, amd odminush'atioa ere located in buildings end 7. 'I1clcei sele~ wiU bz: in buildings 6 e~ 7. This spate mgy be uaod sa a I crest Service information center without additional employee generation. Sourtx: Davis Horn lnc.; September 1997 z5 MEMORANDUM To: Development Review Committee From: Alex Evonitz, Com. Dev. Engineer Date: July 12, 2006 Re: Aspen Highlands PUD Insubstantial Variances, Amendments and GMQS Review The Development Review Commitfee has reviewed the Aspen Highlands PUD Insubstantial Variances, Amendments and GMQS Review at their July 12, 200E meeting and has compiled the following comments: Attendees; Alex Evonitz, Com. Dev. Eng.; Andy Trautner Engineering; Jessica Garrow, Planner Community Development; Brian Flynn, Parks. Building Department - No attendance Fire Protection District - No attendance Engineering Department -Trautner Engineering; • Water valves near the existing bowling lawn need to come flush with finish grade. • All drainage that currently runs as over-surface flows to the two existing inlets will need to be picked up by the new system of one inlet and subsurface drains. The intent of this is to ensure that the overall drainage from the site does not change with this new work. Housing Office - No Attendance Zoning Officer - No Attendance Environmental Health - No attendance Planning -Jessica Garrow; • Comments will be provided in the staff report Parks -.Brian Flynn; • Issues currently exist with the the Highlands PUD. This issue PUD amendment request. proliferation of noxious'weeds in and around needs to be addressed if possible with this Water/Electric - No Attendance ~, ~ 4 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use of land for retail, service commercial, recreation, and institutional purposes withinmixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, and free market housing uses ori- ented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) zone district: 1. Uses allowed on Basement Floors: Retail and Restaurant Uses, Office Uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the Ground Floor: Retail and Restaurant Uses and uses and building elements necessary and incidental to uses on other floors. Office Uses are prohibited on the Ground Floor except within spaces set back a minimum of 40 feet from a Street and recessed behind the front-most street-facing facade. This prohibition shall not apply to Split-Level Buildings (see defuution). Parking shall not be allowed as the sole use of the Ground Floor. 3. Uses allowed on Upper Floors: Retail and Restaurant Uses, Office Uses, Lodging, Timeshare Lodge, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, home occupa- tions. 4. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors including parking acces- sory to apermitted use, farmers market provided a vending agreement is obtained pursuant to Section 15.04.350(B). C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station; 2. Commercial Parking Facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) zone district: 1. Minimum lot size (square feet): No requirement. 2. Minimum lot area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. City of Aspen Land Use Code. June, 2005. Part 700, Page 29 ~~ p O 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) zone district is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, opportunities for affordable and free- market residential density, and to provide a transition between the commercial core and surrounding residential neighborhoods. B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) zone dis- trict: 1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, home occupations. 2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors including parking accessory to a permitted use, storage accessory to a permitted use, farmers market provided a. vending agreement is obtained pursuant to Section 15.04.350(B). Parking shall not be allowed as the sole use of the Ground Floor. a.,. a.,viadiccviaui uses. iiie l~iivwuig uses arc pciulitted aS cviiuiuvucu'useS in ui~ ~.viuiii~.i~icu ~ / /' !'.... s.......1. zone district, subject to the standards and procedures established in Chapter 26.425: L Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, or home oc- cupations on the Ground Floor. 2. Commercial Parking Facility, pursuant to Section 26.515; 3. For historic landmark properties: Detached residential dwelling, two detached residential dwell- ings, and duplex dwelling. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) zone district: 1. Minimum lot size (square feet): a. Detached residential dwelling, two detached residential dwellings, duplex dwelling, and bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling, two detached residential dwellings, duplex dwelling, and bed and breakfast: Same as R6 zone district. b. All other uses: No requirement. Minimum lot width (feet): a. Detached residential dwelling, two detached residential dwellings, duplex dwelling, and bed and breakfast: Same as R6 zone district. b. All other uses: No requirement. City of Aspen Land Use Code. June, 2005. Part 700, Page 31 e. Detached residential dwellings, Duplex dwellings, and bed and breakfast (as the sole use of parcel and not cumulative with other uses): 80% of allowable floor area of asame-sized lot located in the R6 zone district. (See R6 Zone District.) Extinguishment of Historic TDRs shall not permit additional FAR for single-family or duplex. development. 11. Maximum Residential Unit Size (square feet): 2,000. This maximum shall apply to Free- Market and Affordable residential units and shall be measured pursuant to the defuution of Net Livable Area on a per unit basis. The total free-market net livable space shall be no greater than the total above grade space associated with the uses described in Section 26.710.150.D.10. a and b combined on the same parcel (Ord. No. 56-2000, §§ 7 (part), 12, 15; Ord. No. 25-2001, § 5 (part); Ord. No. 1-2002 § 20; Ord. No. 28-b-2004 § 1; Ord. No. 12-2006, § 11), 2002) ,~ City of Aspen Land Use Code. June, 2005. Part 700, Page 33 Aspen Highlands Village Core Buildings z C/~ '~ ~,~> ;. ~~~ ~, ~~! ' ~ ,~e~O ~P~pO P~G~O ~~~ ~~O ..1 ~O 05 Q~ ~ Building 4 ~~ STEEP~EChfASE pR L/ ~° N e Zone District Annual Allotments 2006 Requests Project/Zone District CC or C-I Zone 6 5 Stage III (C-1) District 1 Wienerstube (C-1) All Other Zone 12 (six of which 6 Jerome Districts will need to be Professional "exceptional") Building (MU) Total 18 12 f~-~ - ~- ~ I cc~ci) i~ _~ ~~ a a ~ ~~ ~ O n..- ~~ ~~~~, ~' ~ ~ m ~ ~ c47 h. si _. ~ ~~ ~ ~ Z~ratrc~a p Q ~~ o _.., tr! 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"~ q O r 0 1 \ o qC Z ~1 r1 ~ ~ ~ r .. ~ W O Q ~Sd3'11Nn o ~ ~ LW3 ~ Q N ~ -~ D iC ~ Oi h 2 4- It Wdd '# ,i -- i W490 *~ sn z u. ~ ~ a u. a~ ~= .+ d ~ o d i ,~ d w o -= -~- 1 O ra ~m~t ca - N ~Wm tY -= ~ z ° z p 0 U ~ cA ~ _ Z `~ -~ H~ 2 W Z m f-~~ m`10 ~y ~1 =D~V ~ J=Z w~~w W W W z `a fii ~ W Q , ~ nQ ~ ti r. 41a ,.. l~ N ~ O O a~ ~ Q 3 ~ ~' ~ -~ ~ ~ _°: c7 ~~ ~ o . ~ ~O U ~C7U ~~ ti U ;C7U " ~ ado ~ d ~ ~ a i Qd~' a~o~ ~e'~e' M ~~ ,~ t ~._~ ... ,~ _ , '~P'''~ -.,~. f ~ ~d:~ ~, ~. ~^ 9t t :9, r' ~ ~+` .. 4~~a'~sr'N- t ~ ~ P ~, 0 i -= Pa w N r O ~ Q ,Y ct W t,7 r as ~+ aaa ~ Y waa a -~' Da3 h ' z a a ' wcno .+ u~aa ~ ,i OWO F,JN m t zaw o = aa,~ ~ ' cv ~wm cv -Y o~->ao-= m wHz a ' a~~ ,~ w ri © ~ .-_ ~D F vi lil O IA ' ~ z x Y ~ U z m Q ~ zz ~ -, o~ ~ ~ ~ w=z ~ w a ~t~+ C7 n ¢ !~i ....~ -~. ~~ .,., tip ~~ i .~ a~ a 0 a~ Q 3 ~, o ~ ~ ~ ~ ~~+ ~ G .V ~ ~ Q VJ C~ Q U ~ C7 U v~ a~oa Q d ~ Q PUBLIC NOTICE _ Of DEVELOPMENT APPROVAL` ; Notice is hereby given to the general public of the approval of a site specific development plan, f a vested property nght pursu i on o and the creat ant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, per E r Or 133 Prospec HIGHL4NDS BLOCK9H locae d at Drive, #4111, by PUD Amendment on December 5, t received approval to con i DT T 'T T OTC ,{T~ 7r7-~ On ~~~ ~ Y 1 { ly 1 nlf I L YlYl H can 2006. The Appl lf course in the Aspen Highlands i L Lll L -go struct a min PUD between Buildings 2 and 4. For further information contact Jessica Garrow, at 1n e f t the City of Aspen Community Development Dept. Colorado (970) Aspen a St l l l O , , en 130 S. Ga 429-276°. s/City of Aspen Decem l City of Aspen y on jen Times Week beb24h2006. (6662 Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Hines Highlands Limited Partnership• 133 Prospector Road # 4111 Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number ASPEN HIGHLANDS BLOCK H located at 133 Prospector Road. Legal Description and Street Address of Subject Property The a,~plicant has received a PUD Amendment to allow for the construction of a mini-golf course in the Aspen Hi hlands PUD The course will be located near the bowling lawn between Bu~ldm~s 2 and 4. Written Description of the Site Specific Plan and/or Attachment Describing Plan Ci of As en Plannin and Zonin Commission A royal for land use reviews associated with construction. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) December 24 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) December 25, 2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) ~24th,day c~December, 2006, by thg City of Aspen Community Development Director. Chris Bendon, Community Development Director ~ ~- l t . t._ , ..,i ~~ ~ N~;. .y. ~ :T. "~,~ ~ _. DATE 10 I I ~ lob TIME 4:3o PM PLACE 1~~ S GA~ENR ASPEN co PURPOSE PtZ ~~3L1~ HERRIN4 Fon H GM Q~~liEViEW, PJD A'+E NnnENrrfVdDl±ISr~ o GoS~.l Cac Rciwl~~CONFE~cN~ IRO POS w r t • .. .. ~a a0R n6S 12S NTI A Pn[-e Sii q~~ w ,+ ~ ywcE .ate Tb o u rt.Nr hHI~ ~hNi qR A of L CAN SS lOw ~.~N astir , l an° H R PEu [~R~ Jc i R ~ I~T/VN <_~ E G ~~~ RS PEN 171GHI-rlN fli won UO r1` Z + -~ 6E Bt K" H HrGHr-wr+PS Vl t~r-~` ~~ G wnnew FV 2TNE R iNF.. r'r-~'°rr oni ~% rONTA~T: FOR FURTNER I FO CANNING ~~ _,rys 1~OS~PxN GO •37u3 ~~~ ,~ 7 1 - - __-___.- I `~ I r4 !~ +I C_ i i`~ ~ ~, PI~~LIC N®TICE RATE 101 i~_ TIME y:3o PM PLp~E ~3p $ GALENA qs PEN c ,, PURPOSE P.Z P„M1 - NEhn G 'I V GnG"~ ,.e.ru Eni.n A~ ~ w ~w,a SD. .. a o • n Yy S ry u t c n -~~ wEn Z.r c..nHwrr^N - pIX .+ .n..+ y19z ~' ~~ ~ ; 'j ~~ k 1' IF '_' ~' ~~ ''~r ~~ ii ~~~ I a ~- ~ ' 'rnx ;~ -ti ~'y, :. ,,,, , DATE 1011~1ob TIME 4:3o PM PLACE I3~ S GAf,ENR ASPEN to PURPOSE PtZ ~UfiLIC HEA RIN4 Fort ~PM[.GS \o '$ 6Pt ~ `+ pRR n6SIDENT14l .; .~ ~t• ro o vs.oP A rt~ul Gol [...~n~E ~~ S<reryaiw M°fL iC hear -...TIES H14F1~hN$ LI.-.Irao a..r., as.., , i any n Q¢ty E fs 4/ll .4'PLU eru LEVh~ Dc SCf r r rv~N ~-~r+0v 't tPEr+ h11GHL AfJ fJS i~VIn UO YM1 2 t Rs PEN H14Hl wNP$ VIL 6E [3f M^ H FVQTNER iNF..2N hTlON - Iw iS r</> GhnnoW J ~/ 1 7 ~' r° FGR FURTNERI F6aNni~^N roNTRCT: CANNING ~FrIC` ~ 130 S GALE SPtN i.0 ;970i9~Tw'='~ _`_ • ~ ~,$ t ~, a..,,.. ,`~ ,` ~ ,_ --- - - ~ I °~ ~._ `, i~ul~~~C Ni~~iG _ ty ~ _ ,,~ ~ DATE 101-- ~? ~Ob r ~ ~ T~~E ~I 3O PM ~~ LLe~ ~. P-"'CE X30 $ GALENA ASPEN PURPASE F ~1 '1 Z P rR G H E n G '' it ., un. .o.~~c,.~D..wu. e.., Nn ~w,. 3ne 1, ... n~til w~.. • u ~..... , t.. _-- T~ ,.. .., ~_ fir- !Ofl ra[r. ~~ j i 'n y ~ •~ t I~ TT~~ '.~i _ -~~ !'~~ r t ~~i~~IC'~~~ICE __ / , .- . DATE 10I~~lob ,i`'i _ TIME '-~:3c; r-- - ~ PLACE 130 S. GI~IENR ASPEN Cap !~'x C'. E .RPOSE P Z ~Uf$EIC HEARIIJG =,~ _-_ , ~' REVIEW, >JD ^'.E NDnENTa-SV2D1+1Le _ T3 6va. wBOn RESIDENF ~ n. ~ .~~ 6w~ts .~~ ~. erg ..a Aaa w ^ i`f ~ ^ H ~ r. - ~ a0 On ti n~n~ r X31 7`R •-i nrr v E q 411, v!u w ~ F~rruu cu.,.no n rE . .^~ Dc " IIIV NL,RN(.. i PM '2 t AlPf4 V I "-E fe +. „, _ ~ FUe 7wE Fl 1^I _ Y • • , ~r IANMIN6 OFFICE o- via-a 7 ~ ~ ~ Iy- . L.. ~ ti ~i . 01 ~SPEN o 19 t 0 S GAI ~ ~_ . ~ ~ PUBLIC Nvncc DATE pl Iii/ub_ TIME 'I _so rn PLACE 111! t E^.i1a^ ^ PURPOSE P.z ro. N ~v», + ~ ii ~ • ~ a ~ f gal - 1 t ~`i~LIC ~~~~ICE ~~~ SATE 101-~ lob _ ~'- ~ . IME : 3v P~, - `LACE 130 S. GAtENR ASPEN ca. ~ - F ~ "-~RPOSE P Z ~ t ~~ PVfS~IC SEARING ~ ~ 1. 4~ REVIEW >VD 4r+E ND nFN r~SUdDl+ra„ n t..• ~n~- we •w~a ~. o...Fln wlc - _ .. BDw ~ BQI1 PESI D 14~ ~w r n nr+r u Qw.6 = ~ ~.r v ~~ ao >n u n~w~ , .31 PR~S~cn- v E q 411r . - • ^~ D~a +~ Pi~uw Cu~oo ^ PF•~ _v HLAN(~s ~~ 1aU PM2 t Af vs ~a..~..,cs V1 a- oc Ga x.. ., FUP THE +1 1 ~1 E--M ti in~fUa1FF, r 11V1 \~~ ~~~ 4 p--- ~1- ~~t oEpMMIMG Ofi1CE Z ~ ~ ~; 1]0 S GAI ErI~ " ESPEN CO 19701~'+2a 1tp, ,~_,L.: ..Z.Z. t. `~ ~. _ I~ .1 _'"'~_ . n AFFIDAlfI`~° ~F ~'i~; :~-~d.l~" NOTICE REQUIRED BY SECTION ;?fi,,:;~fi,14,I^'~.~~r~ 41~j, aQSPEN LAND USE CODE \"~ ADDRESS OF PROPERTY: ~ I ~ '~r~S pew Ti>~ (fir l ~/~ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: I l7 ~ 1 -I , 200 STATE OF COLORADO ) ss. County of Pitltin ) I, ~ ~ e n n ~-l,~rn (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen. (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from. the Community Development Department, which was made of suitable, waterproof m>~t~~ ials, which was not less than twenty-two (22) inches wict~ and twenty-six (>G) inches high, and which was composed of letters not less than one filch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the -day of CZ--~~r _, 2OOfe_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(1) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, no±ice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the oti~~ners and governmental agencies so noticed is attached hereto. (continued on next page) . ,~ '-~ ~:,:,>: Pezcni :~ u~~ ~'~ ~ ~::~endment. Whenever the official zoning; c:s3~ic~ r~i,-~ ~ in any w~~y ~.~ be ;,hanged or amended incidental to or as pan of a g~rAeral rF-/ision cf f~~s Title, o,: whenever the text of this Title is to be arriendf-cl, whet:-~er such revision be made by repeal of this Title and enactment of a new land use regulation, o!r otherwise, the requirement of an accurate survey map or ether sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such d ents. Signature The forego'n ffidavit of Notice" was acknowledged be ore me this y of , 200~c', by ~~~~ ~- 1 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ ~ Notary Public _~ PUBL1n ~- r ~Q~ ~~ p= peg ~O~ ~ o z~~~ ~ ! Q ~ fo ATTACHMENTS: •~~"''~w"'°~G~v STAT E OF COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL µ.. <.,, ~, • , ~~ 13~ ~ - 1~~ -- i~ PUBL[C NOTICE RE: A~+l'Et~~ kI^GHLANDS V[LLAGE -GROW'['H MAi~A _: ~'lV':';~'NT REVIEW, PUD OTH!~~'. Al~tENDMENT, ANU SUBDIV[SION NOTICE IS HEREBY GIVEN that a public hearinb will be held on Tuesday, October 17, 2006, 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, tc~ consider an application submitted by the Hines Highlands Limited Partnership, 133 Prospector Drive, #4111, Aspen, Colorado 81011, owner of the subject property, represented by Davis Horn Inc. The applicant is proposing to convert existing retail space to one three-bedroom free-market residential unit, to relocate a one four-bedroom free-market development right to an existing commercial and conference space, and to construct amini-golf course at the base of the ski hill. The applicant is requesting the following development approvals: Growth Management Quota System approval for achange-in-use; PUD Other Amendment for the construction of the mini-golf course and the conversion of retail and meeting room space to free-market residential space; and, Subdivision Other Amendment for the construction of the mini-golf course and the conversion of retail and meeting room space to free-market residential space. The property is legally described as CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H, City and Townsite of Aspen. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessicag@ci.aspen.co.us. s/ S. Jasmine Tygre, Chair Aspen Planning and Zoning Commission Publish in the Aspen Times on October 1, 2006 City of Aspen Account ... ,~ ~.waryaye i..rs. ~., rn .:, ~ ' }! .~`r~t -. y~'I D PARTfVcr.;~~.;" }•,.;_1~_ 426E 4•~ T ' 115 ~ ~~i ~IEnAP1G I' - ~A: E ' :51611 AS- _,~:, CO 8~r,1-:... JOHNSON TEREE L PO BOX 4884 ASPEN, CO 81612 ~KIKER KART ~ JOHN R 0039 BOOMERANG RD UNIT 8121 ASPEN, CO 81611 LYONS MICHAEL 1690 HOMESTAKE DR ASPEN, CO 81612 MBEREKO ISAAC TP & LAUREN P PO BOX 10296 ~ ASPEN, CO 81612 MILLER DANIEL K ~ NANCY L 2916 SUFFOLK LN FALLSTON, MD 21047 NETTLETON ANDREW 0199 PROSPECTOR RD #3102 ASPEN, CO 81611 RANDEL BRAD 8 LINDA 0199 PROSPECTOR RD #3108 ASPEN, CO 81611 REED TIMOTHY G & LYSA S 0199 PROSPECTOR RD #3105 ASPEN, CO 81611 ROMERO DWAYNE L 1/5 C/O DONNA GRAUER 426 E MAIN ST ASPEN, CO 81611 _ ..4 irAs C °'-3 39 `.OOMERANG P~~ ~1f;123 JONES RICHARD MC CULLOCH JR 1501 MAROON CREEK RD #5 ASPEN, CO 81611 KEATING CHRISTOPHER J & SUZANN 0199 PROSPECTOR RD #3107 ASPEN, CO 81611 LISMAN ADRIANA PO BOX 9460 ASPEN, CO 81612 MACHUCAJOSE SIBRIAN JENNI 0199 PROSPECTOR RD #3111 ASPEN, CO 81611 MCCANN KEVIN J ~ ELIZABETH 0199 PROSPECTOR RD #3113 ASPEN, CO 81611 MORSE ROGER 133 PROSPECTOR RD UNIT 4212 ASPEN, CO 81611-3390 PARKER DAVID W 1/5 C/O WINTER PARK VILLAGE MGT CO 2800 POST OAK BLVD STE 4800 HOUSTON, TX 77056-6123 RECH LAURIE ~ CHRISTOPHE 0199 PROSPECTOR RD #3109 ASPEN, CO 81611 RITZ-CARLTON DEVELOPMENT COMPANY INC 6649 WESTWOOD CENTER BLVD STE 500 ORLANDO, FL 32821 ROOKASIN IRIS 1501 MAROON CREEK RD #10 ASPEN, CO 81611 LYONS DAVID C 0155 BOOMERANG RD #5409 ASPEN, CO 81611 MAROON NEIGHBORHOOD TOWNHO' ASSOC C/O JOSHUA 8 COMPANY MANAGER 300 HUNTER ST ASPEN, CO 81611 MEYERSTEIN TRUST 5555 TELEGRAPH RD COMMERCE, CA 90040 NERAL CHRISTOPHER J 0115 BOOMERANG RD #5405 ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 RECKLING THOMAS R & MARGARET 5203 BRIAR DR HOUSTON, TX 77056 ROCKY MTN CATTLE VENTURES LLC 300 S HUNTER ST ASPEN, CO 81611 RYMER PATRICIA A TRUST 1200 N LAKE SHORE DR #M1 CHICAGO, IL 60610 F r~Xr~i ,. SAiJDERS STE~. 0199 PRISPF:a ,;rt fiD K.s ~u~ ASPEN, CO 81 F 1 SEIDEMAN ROB 8 KELLY HALL PO BOX 11424 ASPEN, CO 81612 SMITH SARAH PO BOX 6235 SNOWMASS VILLAGE, CO 81615 THOMPSON JESSE 0115 BOOMERANG RD #5408 ASPEN, CO 81611 TUCKER AMANDA D PO BOX 11500 ASPEN, CO 81612 YU WEN-SHI 108-81 AVE KEW GARDENS, NY 11415 Ar""'" ~, .,, ~.. . ~C; ,~h3ERT P 01.°,~ PROSPECTOR RD x420 i AS '''r=N, CO 81611 SHANKS ROBERT H 0115 BOOMERANG RD #5304 ASPEN, CO 81611 SPOFFORD FRANK PO BOX 2535 ASPEN, CO 81612 THOMSEN CERENA E 8~ CHRISTIAN 0199 PROSPECTOR RD #3103 ASPEN, CO 81611 UMBARGER MARK R 0115 BOOMERANG RD #5407 ASPEN, CO 81611 L ;.;J 4, ''E GONG r J b.,~k ~ , .:.03 ASPEN-, ~'-+~ 8?612 SILVERA CHERIE R 133 PROSPECTOR RD t#4305 ASPEN, CO 81611-3391 STEWART MILTON M JR 8 CAROLE C 0115 BOOMERANG RD #5103 ASPEN, CO 81611 TSOU MICHAEL & ANGELENE 1501 MAROON CREEK RD #11 ASPEN, CO 81611 WITT PATRICIA 0115 BOOMERANG #5109 ASPEN, CO 81611 t'a , ASPEN HIGHLANDS TONDO ASSOC iNC C/O CONTROLLER 0075 PROSPECTOR RD ASPEN, CO 81611 BIGGINS KENNETH MARK 0115 BOOMERANG RD #5406 ASPEN, CO 81611 ~. CLARK TODD A 0115 BOOMERANG RD #5108 ASPEN, CO 81611 ~, -, ,.: ~~. ,t:'; . _=', ~`: S COMMERR:IAL ~, '3F FOf?f~';T ,n'u {~ ,~~0~'~hi S7 #304 RYE. ~' ~l:i4, ~~:_ ~=~16a.1 ASPEN HIGHLANDS ~.'iLLAGE AFF HOUSING C/O ABACUS BOOKKEEPING P O BOX 9164 ASPEN, CO 81 Fi 12 ASPcIv SKIING COMPANY LLC PO BOX 1248 ASPEN. CO 81612 BURROWS HUGH & SARA 0115 BOOMERANG RD #5106 ASPEN, CO 81611 DAANE OLIVIA ~ & DEWEY 0199 PROSPECTOR RD #3106 ASPEN, CO 81611 DASARO ROBERT A JR & STEPHANIE L DELAK ERICA 0039 BOOOMERANG RD #8122 0199 PROSPECTOR RD #3102 ASPEN, CO 81611 ASPEN, CO 81611 DONOVAN JOHN T 1/5 C/0 DONNA GRADER 426 E MAIN ST ASPEN, CO 81611 DUNN MICHAEL & SHERRI 0115 BOOMERANG RD #5102 ASPEN, CO 81611 EASTMAN P PLACE & THOMAS F 50% PO BOX 1454 LA QUINTA, CA 92253 FAGAN CHARLES D PO BOX 1107 ASPEN, CO 81612 r FRIED ALAN 18 SHELLEY R PO BOX 783 ASHLAND, OH 44805 GRADER DONNA 1/5 426 E MAIN ST ASPEN, CO 81611 ERCK STANLEY C 50% 954 CENTRE DR JAMAICA PLAIN, MA 02130 FEHER LAWRENCE D 0115 BOOMERANG RD #5404 ASPEN, CO 81611 GASIOROWICZ HILDE E TRUST , 2630 GLENHURST PL MINNEAPOLIS, MN 55416 HALFERTY SARA 215 S MONARCH AVE STE 202 ASPEN, CO 81611 BUYSSE MICHAEL 8~ ANIR 0115 BOOMERANG RD #5107 ASPEN, CO 81611 DANIEL ROBERT E JR 115 C/0 DONNA GRADER 426 E MAIN ST ASPEN, CO 81611 DOMOSZLAY KATALIN 0115 BOOMERANG RD #5410 ASPEN, CO 81611 EAGLE MELVIN 8~ LEATRiCE 9309 INGLEWOOD CT POTOMAC, MD 20854 FADALE JENNIFER B PO BOX 3653 ASPEN, CO 81612 FERRARO JAMES JR 8~ JAMI LEE 39 BOOMERANG RD #8124 ASPEN, CO 81611-4308 GOSDA HEATHER 0199 PROSPECTOR RD #3110 ASPEN, CO 81611 HARPRO LLC C/0 GOLDEN EAGLE PROP SERV, IN PO BOX 2000 ASPEN, CO 81612 D hd'Atl-09-:?4-L s:.r~, ~09l.5 31t11dW31~iGand a~ x;0915 ~A~'•~~'>r,+/ ® uEci.•,(.1 ~.e•,.~~~n~s. 6ul;u' ~~ ate: j6p~-ws pt~E u~ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~~) ~/~~~i '~. , ~~ ~,~Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~ a , 200_ STATE OF COLORADO ) ss. County of Pitkin ) t I, ~~ I~t1 ~p .~ ~-~. / L/~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: i' Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from ~ie Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wi~e and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~.~Llailing of notice. By the mailing of a notice obtained from the Community 4~ r. ~ 1~eNe~bprnent Department, which contains the information described in section ~'"~••,.,,, 2( ,k~0(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to ~~ `: ~ ~h~~ublic hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or. oth~rwise,`the;requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The foregoing "Affidavit of Notice" was acknowledged bef re me this ~hy~ay of ~~ar~ , 200, by ~~/~ih~)'I~ `7 ~//~~ WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE: ASPEN HIGHLAND VILLAGE -0ROWTH MAN- 1\/I commission ex fires: Y p /~ //~ AGEMENT REVIEW, OTHER AMENDMENT, ~ ~ AND SUBDMSION / NOTICE IS HE BY GIVEN that a public hearing will be hel on Tuesday, October 17, 2006, at a meeting to )xgin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister o Public Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Wnes Highlands Limited Partnership, 133 Prospector Drive, #4111, Aspen, Colorado 81011, ,.~~~_ owner of the subject property, represented by , -•' -' -._, ~ Davis Horn Inc. The applicant is proposing to r ~~ ~ 1 ~ r convert eristing retail space to one three-bed- /1 room free-market residential unit, to relocate a ~ ~ • one four-bedroom f market development right . ~ , ATTACHMENTS: { `~~,p,N ~o to an e~dsting comme al and conference space, ~ Q and to construct a min olf course at the base of the s~ hiR. The appBcant is regneating the inl- COPYOFTHEPUBLICATION ~Q' r - ° lowing development approvals: Growth Manage- lt ein-use• grf oF °°~" a ment Quota System approv or a Chang PUD Other Amendment for the construction ~`DGRAPH OF THE POSTED NOTICE (SIGN) the mini-golf course and the conversion of retail and meeting room space to free-market resider- [ialspace; and, Subdivision O[her Amendment for the construction of the mini-golf course and theRS AND GOVERNMENTAL AGENCIES NOTICED conversion of retail and meeting room space to BY MAIL tree-market residential space. The property is le- gally described as CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H, City and Townsite of Aspen. - For further information, contact Jessica Gazrov at the City of Aspen Community Development De partment, 130 S. Galena St., Aspen, CO, (970. 429.2780, jessicag®ci.aspen.co.us. s/ S. Jasmine Tygre, Chai. Aspen Pla ing and Zoning Commission Published in the As n Times Weekly on October 1, 2006. (4095) Td 6'a~~r~~t~~i~""_ ~~ ~~rweg ~d c bz~,Y, ~~ ~ CancpXn w~ d-CV1C,~,~~ J~ ~,./~ ~~ 1 Z~ to / ~~ w~'h a~cu~t ,~ 7N~rz,~E~o ~`~-l~~a~mnw~ '""~ ~, Page 1 of 1 Jessica Garrow From: PhilOvereynder Sent: Wednesday, July 12, 2006 11:06 AM To: Jessica Garrow Cc: Alex Evonitz; Keith Wester; Jeff Rice Subject: Aspen Highlands Village PUD Amendment Jessica, I won't be able to attend the DRC .meeting this afternoon, so I am transmitting comments on the application. The proposed conversion from commercial to residential use will require that each new residential unit provide separate water metering in accordance with City of Aspen standards. Please feel free to call if you have questions. Thanks, Phil Overeynder Public Works Director 7/12/2006 ~Ver/ _ --`'~ee~ APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: . n ~--1 ~ ti ~cx --~~Jt,~ l.~ ~ ~ ~c,L e f 1~.~ Location: ~1H V P U fJ ~ l ~-Fc. D" 'f31 t 2 ~" y (Indicate street address, lot & block number, le al de cri tion where a ro riate Parcel ID # RE UIRED Z ; ••- ~ 'Li•• - ~C~ .4-- `Z-1 3 S - ~-f z - ~ J L ZEPRESENTATIVE: Name: l~ ~.v~ ~ 5 ~'~.1~~ n '~.h C_ ." lJ' `c Y1 r1 ~,.~~ Address: 2 t 'S ~ ``1 t7y~ ~ 1('~-~ ~ ~.~, ~ T~ ! ~7 n ~1 Phone #: Z S -• (~ S~~ ~~ 'ROJECT: Name: ~' U Address: ~ yn- ('~ 5 eL-t-v {- Y ~l ~ ~, C:e7 ~$ ~ ~ ( I Phone #: ~..- ~ ~(~ t •-- rl G. ~, r~ ti ~(•' T. ~ r~ yr r~rri.ia..ni-~i~: ~tca~e cnecx alt mai apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review [[ f. Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition [>~ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment EXISTIIN,~G CONDITIONS: (description of existing buildings, uses, previous approvals, etc ) ,' 4 ~ kz-~1 l.A SC . S ~.s ~n t c~"r Spt.c.C.~ Q~ c- Z i G~ ~rJl,u~•~ n~ y rn ll"ltctinc~f.~w~ ~-fL~t-vx: (, S~ ~ cc ~t- ~~t ~ ~ t~~ Lf ~ S ROPOSAL: descri tion of ro osed buildin s, uses, modifications, etc. Cc~v~ r-r S ~~~5 \ ~ ~1~1y z -t--~ ~--v r~51 ~ ~~-«. t Have ou attached the followin ~ ~L ~, /•~ Y g• FEES DI1E: $ [Pre-Application Conference Summary Attachment #1, Signed Fee Agreement ~esponse to Attachment #3, Dimensional Requirements Form ^~esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ~~ RET~iN FOR PER~AMEN'T RECORD _.. m THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: 5/30/06 Dear Glenn: We have received your land use application and reviewed it for completeness. The property subject to the application is Buildings 2 and 4, of the Aspen Highlands Village Subdivision/PUD. We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for your application: 1. Proof that Hines Highlands Limited Partnership still owns more than 50% of the land within Aspen Highlands Village Subdivision/PUD to demonstrate that they may apply for the PUD amendment that impacts GM S rights that are general to the PUD pursuant to Land Use Code Section 26.304.040, Initiation of ~~lication for a development order. 2. 3. 4. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. If there are not missin¢ items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2763 if you have any questions. Thank You, James Lindt Senior Planner City of Aspen ~ ti06/12i'2006 04:16 970925754 ~ ^ ,> ^ ^ ~ RACZAK INC ,, :., DAVIS H012~T INCORPORATED 215 South Monarch Suite 104 Aspen, Coloxado 81611 Telephone - 970-925-6587 Telecopier - 970-925-5180 TELECOPIER COVER SHEET TO: James Lindt FROM: Glenn Horn FAX #: 920-5439 PAGE 01 RE: AHV PUD: Authorization Letter fx'om President of Condo Association DATE: June 12, 2006 TOTAL # OF PAGES (ixzcludes cover sheet) 2 MESSAGE: Transmitted with this FAX is a letter from the ]?resident of the AHV PUD Condo Association. Please let me know if you need an.y additional information, Thanks. Glenn. 06/12/2006 04:16 97092574 .lun t]9 06 08:41p [„,~s Road Partners RACZAK INC ~ PAGE 02 56l~.~83 _ 6214 _ p. l J0,~1V D. STE'RN,FIELD 2765 Ro,~s Road Palo Alto, CA 9303 June 5, 2006 James Ludt, Senior Planner City Hall 130 South GalenA Street Aspen, CO 81611 Re; Aspen Highlands Village: Substantial Plarnaed Unit Development Amendment. Dear Mr. Lindt: With their appinoval of Amendment #4 to the I1,speia Highlands Condominium Associations Declaration, the Aspen Highlands Condominium As:~ciation approved ol'the change of use from commercial to residential of the following legal whits Commeteial Units C•2101, C 2103, C-2104, C-4102 and any Limited Comumon Elexraents appurtenant to these Units. A copy of this amendment is iacluded in the I~iines Highlands application. If you have any questions, please call Jud Hawk, Association Manager at 970-429- 2277. Siuicereiy, ~,: John Sternfield Ptesidcttt Aspen .H'i~lands Condominium Association CC: Glenn. Nona 3.4~~^•.. .- ... ':~ °~. THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: 7/10/06 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigne dlo tI wwill be handling this ca006ASLU, 133 Prospector Rd and 2737-142-13-550/552, respect y ^ Your Land Use Application is incomplete: We found that the application needs additional complete and for us to begin reviewing it. We contents for you application: items to be submitted for it to be deemed need the following additional submission 1. 2. 3. 4. Please submit the aforementioned missing submi uled until all of the submiss onegont nt 1 sted your application. No review hearings will be sched above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Q Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested througha e contacteme atc429 2 80 f d ouchave any the Community Development Department. Ple questions. Thank You, Je sica Gar w Planner C ty of Asp n ommunity Development Department C:\Documents and Settings\jessicag\My Documents\AHV PUD Amend\CompletenessLetter_AHV Substantial PUD.doc .--+r Pile Flit F_.ecord ~a~aigaFa Fnrnt Repax~ Far>~ S~ L'FM' ~. 1,mp t z' ,. ~.. M._. ..... r°_r~ F~air~ h,F~~~a,;-~~< F?5~!Afnf~~IV 1lrbnn PwtirrgNC~ttny ~. c. ...~. ._ - _ ~.. _ _, ~ _ , i Permit T 7~ ~~ Pen (~r~d Use ~CO~ P~ru1 # tti~ut aCVa.f.~1.U 4 ~ N~ <, ~ ad~~ :::~ .~~ t3itv9Nttiivn hla _ _ r,Gt~SzP~e iBLD~~ 4 ~ ~. -~ .~ i r~ u.SFEhd .~` _ s, v,~ta'Lt~ ,.~.~ ~ip~if~i9 .n ~ _ .. __ >. _.. ~_rr,~iC,f CNfi7atN?n _ ~' KAa~star I~erniit Fi~ruGng Queue ~ kdl6 A~i~d !uc1u1 J~Oub ~_ ~ .~ . - ;~. ,~..m..,~ _._. ,,.. _„ Aptuowed ~ Pr'eMe~t_ Status tPan~n9 ~ ~, .m... ~..~,.,~~.. _ ~,...~,.,~ ~...~ '~ pgscrr~tran ~~OPdVERT SPi~ES Ira BLf~r~ 2 i~ 41 U RE~IGi<WTI~iL tss~d Pina! 5utmntted DAYlS Nf1RN 925-6597 Gk~4 fitmr~arrg pays ~ Es~ses ,OSj27j~1? . ,. ~t~ ~~ ~, , .. ... ., _.. .m~,w a . ~.~._...~.~~«. W..~ ~AtiV PU6 .~~~,~.~~ First Name .~ ~193RR05FEl~i C1R RD . ~ ,~~ ASPEN GO 9t61i Phone j{97tE) 92tb1801 t7vwrerisAant' KGP{r..an( .. ~,.~ ~„ ~. la? h'~n~e AHv Rr~D _.w . ~ Rr~t f~tsr,~e ~.~~ ~l t4pPpy~GTGR RCa _w.~, ~.~ .,.~~.aw. _ ~..~ ~,~SREN Ct] $161t Fh~ne''19iOlytip-1a>jt Gusttl <;P,~. _~ „der ~ Last Narr~ ~ ' First Name ~& Phone , I __ r:~ ~ het~at~i, l OE 1 ~~f ntea the ~rU~it typa CQt~9 ~„_„ ~ ... -_.. .__. ~,, ' ~I~~- ~0 Davis Horn. ~. CANNING & REAL ESTATE CONSULTING ~ May 24, 2006 REC~~`/ ""`~ r ~'® °' SAY 2 '5 2UU6 ~'" BUI(DI GSP "" DE RENT Jennifer Phelan `~" City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 """ Re: Aspen Highlands Village: Substantial Planned Unit Development ~„ Amendment, GMQS Exemptions for Change in Use Dear Jennifer: ,~. Hines Highlands Limited Partnership ("applicant") is represented by Davis Horn Incorporated in this land use application. The ~.. applicant is the developer of Aspen Highlands (AHV) Planned Unit Development (PUD). Aspen Highlands Village PUD is located on Maroon Creek Road at the base of the Aspen Highlands Ski Area (see Attachment 1, Vicinity ~, Map). Attachment 2, the Aspen Highlands Village Final Plat page 4, depicts the Blocks within the PUD. The applicant is proposin to amend approvals for land uses located in Block D, the Village Core. Attachment 3, Final Draft of the Aspen Highlands Village Detailed ,,~~, Submission Consolidated Plan sheet A005, is a part of the Site Specific Development Plan for the PUD. Attachment 3 depicts the - buildings in the Village Core which are labeled as 2-8. The applicant is proposing the following changes to existing spaces located in Buildings 2, and 4. 1. Building 2 - Convert existing spaces (Condo PH 2 Units 0- 2101,2103 and 2104) permitted for retail and a Condominium Meeting Room to one free market four bedroom residential dwelling unit. Refer to Attachment 4, Aspen Highlands Detailed Submission Building Two Ground Floor (Sheet A2-202), which depicts the existing retail space and meeting room and Attachment 5 which depicts the proposed use of the space (Building 2 Condo-A Conceptual Design, prepared by Poss Architecture). 2. Building 4 - Convert existing space permitted as retail ' space (Condo Unit C-4102 to one free market three bedroom residential dwelling unit. Refer to Attachment 6 which rrF ALKE DAVIS AICP S GLENN HORN AICP 215 SOIRH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 '""" adavis@rofnet ghorn@rofnet ,«~ °~^ Jennifer Phelan ~. May 24, 2006 Page 2 ~, wr '" depicts the existing floor plan for the subject space and Attachment 7 which depicts the proposed floor plan for err the space (Building 4 Condo-B Conceptual Design prepared by Poss Architecture). ,~» "~ The applicant is also seeking approval for an amendment to the AHV PUD Planting Plan to develop a mini golf course at the base of the ,~„ ski slopes to the south of Buildings 2 and 4 (see Attachment 8). The mini golf course requires minor grading and modifications to +~ the approved Planting Plan. ~" The applicant has met with the Community Development Department to ;,~, identify the applicable land use reviews and process . Refer to the Pre-application Summary Sheet (Attachment 9) This land use ~. application seeks approval for: 1. Planned Unit Development Amendment - Other Amendment (Section 26.445.100 B.) 2. Growth Management Quota System Exemption for a Change in Use (Section 26.470.040 C.5.) 3. Subdivision - Other Amendment 26.480.080 B. BACKGROUND Aspen Highlands Village PUD received Final Plat approval from the Pitkin County Board of County Commissioners (BOCC} on May 5, 1998 .~m pursuant to Resolution 98-70 (see Attachment 10). According to recital ## 3 of the Resolution, the plan summarized in the Aspen Highlands Village Detailed Submission Consolidated Documents, September 1997 constitutes the Site Specific Development Plan for AHV PUD. The Site. Specific Development Plan calls for the development mix listed in the BOCC Resolution 98-70 recitals (see Attachment 10). Section 21 of the Subdivision Improvments Agreement for the Aspen `*°~' Highlands Village PUD establishes that upon completion of the phase „~ 1 capital improvements, the AHV PUD Site Specific Development Plan will "be deemed vested in perpetuity (see Attachment 11). The ~+• phase 1 capital improvements comprised of the installation of utilities and roads in the Maroon neighborhood, AHV PUD Block G. '""' These improvments have been completed for many years: consequently „,~ the AHV PUD approvals are "vested in perpetuity.° The Site Specific Development Plan includes approval for 32 four bedroom townhouse free market dwelling units. Sixteen townhouses «~. Jennifer Phelan May 24, 2006 Page 3 were approved for Block C and 16 for Block E. Prior to site development, the applicant determined that the site plan for Block E could be improved by eliminating one of the townhouses. Attachment 12, the AHV PUD Block E plat, shows that there are only a.. 15 townhouse located in Block E: townhouse 11 has not been ~ developed. The applicant is seeking approval to amend the AHV PUD '~'' •~ to build 32 free market townhouses rather than 31. The credit for ~~ the unbuilt free market four bedroom residential dwelling unit will ~ be utilized to build an additional free market dwelling unit in Block D, building 2. This land use application proposes utilizing this credit to develop a free market four bedroom dwelling unit in Building 2 which is located in Block D. The land use approvals granted 3,500 square feet of non-exempt floor area for each townhouse. The applicant reserves the right to utilize the 3,500 square feet of non-exempt floor area credit associated to the townhouse at some point in the future. Refer to Attachment 13, Aspen Highlands Village Planned Unit Development Guide, Area and Bulk Requirements (Section V. recorded at reception # 423274). Section VI of the Aspen Highlands Village: Detailed Submission Consolidated Plan, the Site Specific Development Plan, explains that with the exception of 12 lots in the Thunderbowl single family neighborhood (Block A) and eight lots in the Maroon neighborhood (Block G) the AHV PUD has been developed in the County .Affordable Housing Overlay Zone District (AHO) Refer to Attachment 14, Section VI of the Detailed Submission Consolidated Plan. Twelve lots in the Maroon Neighborhood (Block A) and eight lots in the Thunderbowl Neighborhood (Block G) were developed pursuant to the acquisition of Transferable Development Rights (TDB's). Residential development within the AHO zone district may be exempted from the Aspen Metro Area residential Growth Managment Quota System (GMQS) if the following standards are met: * Residential uses restricted to Category 1,2,3,4 and Resident Occupied affordable housing guidelines must comprise seventy (70) percent of the residential unit mix of the development. ' * The number of persons residing in the restricted affordable housing must comprise sixty (60) percent of the total residential development population. ' The vast majority of the residential development in AHV PUD is an Affordable Housing (AHO zone) development which meets the residential housing goals and objectives of the Aspen Area 1 Jennifer Phelan May 24, 2006 -Page 4 ~r Community Plan (AACP). This is significant because the majority ~" of the free market residential housing is not the product of the ,,,r residential GMQS process. Therefore, the PUD may be amended without the need to re-score the application to insure that it ~. exceeds the minimum residential GMQS scoring standards. The applicant has the right to amend the PUD to utilize the free market "" residential townhouse GMQS credit in another location subject to obtaining a PUD amendment. .~. ~ The City of Aspen annexed the AHV PUD in April of 2000. The annexation agreement called for the City of Aspen to recognize the ~"' Site Specific Development Plan approved by the Board of County Commissioners and the AHV PUD vested property rights. Condition ## 16 of BOCC Resolution 97-67 which approved the Site Specific ..~ Development Plan (see Attachment 15) reads as follows: _.µ. ~~ An audit of Full Time Equivalent Employees shall be conducted at the applicant's expense one year after completion of Phase Four. The applicant shall be responsible for housing mitigation or any employee generation over and above that contemplated at the time of Detailed Subdivision approval. If the required audit shows a reduction in employee generation the applicant may seek a credit to be used on other Pitkin County projects." The applicant completed the employee audit in 2004 and it showed ~~ that the applicant was entitled to a credit of 14.89 Full Time Equivalent Employees (FTE's). The Aspen/Pitkin Housing Authority approved the credit at a May 5, 2004 meeting (Attachment 17). The ,~,„, motion of approval reads as follows -~ "Guthrie made a motion that the Housing Board reviewed the ,_., findings of the audit and concluded that Hines Highlands Partnership has satisfied their mitigation requirement for the development of Aspen Highlands Village; that the audit concluded that there is a credit of 14.89 FTE's; Hines Highlands Limited Partnership may seek a credit of 14.89 FTE's to be used on other Pitkin County projects; and that at such time that any credits would be utilized that the credit be „~,, noted in a recorded document until such time as all of the credits are utilized." The AHV PUD Guide, Village Planting Plan Part Two (Drawing L-402) `""` depicts the proposed planting plan for the Village Core (see Attachment 17). The Plan proposes a limited number of Aspen and ~~ Spruce trees located on the south side of the Buildings 2 and 4 because this area is the base of the ski slopes and there needs to be ample area for skier circulation. The proposed mini golf course ,~. «~„ '""` Jennifer Phelan ,~, May 24, 2006 Page 5 requires minor .grading and changes to the landscape plan. The mini ~"` golf course is consistent with historic land uses at the base of +r the Aspen Highlands Ski Area. Prior to the development of AHV PUD, the Aspen Highlands Skiing Corporation operated a summer tennis ~*- club at the base of the ski area to have some non-winter activity. The purpose of installing the mini golf course is to have some activity in AHV in the summer. In the winter, the snow covered „~, tennis courts served as the skier circulation area at the base of the ski lifts just as the mini golf course will be covered. LAND USL APPROVALS This letter demonstrates compliance with the Land Use Regulations «~ cited in the beginning of the land use application. The Pre- Application Conference Summary sheet suggests that the applicant "'~ address the residential GMQS exemption for Free-Market Residential Units within a Mixed Use Project (Section 26.480.040 C.6) rather than the residential GMQS exemption for Change in Use (Section ...~ 26.480.040 C.5). An applicant may obtain multiple GMQS exemptions pursuant for Free-Market Residential Units within a Mixed Use Project (Section 26.480.040 C.6). By comparison, no more than one residential dwelling unit may be obtained pursuant to the Change in ~~~ Use exemption (Section 26.480.040 C.6) . As discussed with the City of Aspen planning staff, since the applicant will utilize the residential GMQS credit for the unbuilt four bedroom free market ~" townhouse for one of the proposed dwelling units, the Change in Use GMQS procedure is possible for this application. The Background section of this application demonstrated that the appliant has a ,~, vested property right for one additional four bedroom free market dwelling unit which may be developed in the PUD. The Change in Use GMQS exemption is most applicable Land Use Regulation to review this project. This section of the application demonstrates compliance with the following Land Use regulations. 1. Planned Unit Development Amendment - Other Amendment (Section 26.445.100 B.) 2. Growth Management Quota System Exemption for a Change in Use (Section 26.470.040 C.5.) 3. Subdivision - Other Amendment 26.480.080 B. ~. '~" Jennifer Phe 1 an ~,,, May 24, 2006 Page 6 Planned IInit Development Amendment (Section 26.445.100 B) +^* This section of the application demonstrates compliance with Section 26.445.100 B. Planned Unit Development, Other Amendment. The proposed development does not qualify for an Insubstantial PUD ~,, Amendment. The "Other Amendment" is the applicable category. The Regulations require the City to find that the proposed amendment is ~"' consistent with or enhances the final development plan. The applicant will demonstrate that the application is consistent with ""' the final development plan by addressing the PUD Regulations. The specific amendments are: 1. Relocation of one approved, but unbuilt free-market four bedroom dwelling unit from Block E to Block D Building 2. 2. Change in use of a retail space in Block D Building 4 to a three bedroom free market residential dwelling unit. 3. Develop a mini golf course at the base of the ski area to the south of Buildings 2 and 4. Standards appear in bold followed by the applicant's response. A. General Requirements 1. The proposed development shall be consistent with the Aspen Area Community Plan. Aspen Highlands Village PUD is a mixed use development f located at the base of a ski area. Pitkin County and the City of Aspen both found during the land use review process that the PUD is consistent with the AACP. Attachment 10, BOCC Resolution 98-70 recital ## 3 shows °~ the approved land use mix for the PUD. The changes in the land use mix proposed in this application are insignificant. The conversion of two retail spaces and a meeting room to two free market residential units will not significantly change the mix of land uses in the PUD. The PUD will `~` still be consistent with the Aspen Area Community Plan ~„ (AACP) . The development of a mini golf course at the base of the ski area is consistent with the AACP. The mini golf Jennifer Phelan May 24, 2006 ~" Page 7 course will provide another activity at the base of the ~"' ski area during the summer. 2. The proposed development shall be consistent with the ~•. character of existing land uses in the surrounding area. The proposed PUD amendment is consistent with the mixed uses in the PUD. Refer to the mix of uses in Attachment 10. 3. The proposed development shall not adversely affect the future development of the surrounding area. There will not be any impact on the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. An GMQS exemption was granted for 16 free market four bedroom townhouses to be developed in Block E. Attachment 12, the Plat of Block E shows only 15 townhouse units have been platted Block. One unit has not been built. A GMQS Change in Use exemption is being requested for a second unit as part of this land use application. B. Establishment of Dimensional Requirements la. The character of, and compatibility with, existing and `°° expected future land uses in the surrounding area. The proposed changes are predominantly internal as there are no new structures being developed. The character of the surrounding area will not be significantly affected ~' by enhancing the planting plan to develop a mini golf course. The site will be regraded to accommodate the mini golf course. lb. Natural or man-made hazards Natural and man-made hazards will not be affected. lc. Existing natural characteristics of the property and the surrounding area such as steep slopes, waterways, shade, ,~ Jennifer Phelan ,~„ May 24, 2006 Page 8 and significant vegetation and landforms. Existing and natural characteristics will not be affected. ~,,, ld. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, ~.. transit, pedestrian circulation, parking and historical resources. ~" There will not be any impact on surrounding noise., traffic, transit, pedestrian circulation, parking and historical resources. Please refer to Section I.2 of below for a discussion of automobile impacts on the road -~ system resulting from the proposal. J, 2. The proposed dimensional requirements permit a scale, massing, quantity of open space and site coverage appropriate and favorable to the character of the 4~ proposed PUD and the surrounding area. The mini golf course is the only external change to the µ.~ PUD. Existing internal areas are proposed to be converted. There will not be any changes to the existing ~~ dimensional requirements. Scale, massing, open space and site coverage will not be affected. As previously noted and shown in Attachment 13, the PUD approval allocated 3,500 square feet of non-exempt floor •~; area for each free-market townhouse. Since one townhouse was not developed, the applicant is entitled to a 3,500 "' square foot non-exempt floor area credit to be utilized rr in the PUD at a future time. 3a. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The probable number of cars used by those using the proposed development including any non-residential land uses. There is parking available to accommodate the two "'~ proposed dwelling units. Section 26.515.030 of the Land Use Regulations establishes that two off street parking spaces are required per multi-family dwelling unit ~«. (outside Aspen Infill Area). Two multi-family dwelling units are proposed. Four off-street parking spaces will ~" be provided in the lower level parking structure. .~. Jennifer Phelan May 24, 2006 Page 9 The Final Draft of the Aspen Highlands Village Detailed Submission Consolidated Plan (Site Specific Development Plan) includes Table 8, Off-Street Parking Plan (see Attachment 20). The Aspen Highlands Village Detailed Submission Consolidated Plan identifies 58 parking spaces in the Village Core to be utilized by Village employees. Four of the 58 parking spaces reserved for Village employees will be converted to parking for the two proposed multi-family dwelling units. 3b. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The varying time periods of use, whenever joint use of common parking is proposed. Joint use of common parking is not proposed. 3c. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The availability of public transit and other transporation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. There is an extensive public transit program in place to serve the PUD. An auto disincentive program was implemented to serve the PUD. 3d. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The proximity of the proposed development to the commercial core and general activity centers in the City. Aspen Highland Village PUD is approximately four miles from the center of Aspen. Aspen Highlands Village is an activity center in the City of Aspen. 4a. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: There is not sufficient water pressure, drainage, capabilities, or other utilities to service the proposed development. There are adequate utilities in place to serve the proposed PUD amendment. ^ "` Jennifer Phelan err May 24, 2006 Page 10 ,,,~ 4b. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. ~" Specifically, the maximum density of a PUD may be reduced if: There are not adequate roads to ensure fire ~"' protection, snow removal, and road maintenance to the proposed development. There are adequate roads, fire protection and snow removal to serve the proposed amendment. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. °°" The two dwelling units will be located in existing buildings. The mini golf course is not within an natural ,~~ hazard area. 6a. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: the increase in density serves on or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. ~~ Attachment 10 shows that upon full development there will be 175 residential dwelling units and 73 tourist 4~,w accommodation units in AHV PUD. The applicant's PUD #,~ amendment calls for an additional dwelling unit to be developed in the PUD (net addition of one unit). The net addition of one dwelling unit is a .6 percent increase in the density of residential development. The Aspen Area Community Plan (AACP) Map B: Future Land Use Composite ,,~ identifies AHV PUD as a Transit Oriented Development Node. Transit Oriented Development Nodes are ideal ~' locations for increased densit densit increases such as the 6~ even insignificant Y percent increase in ~" residential density proposed by the applicant. 6b. The maximum allowable density within a PUD may be ~* increased if there exists a significant community goal to be achieved through such increase and the development '`~` pattern is compatible with its surrounding development ~„ patterns and with the site's physical constraints. 0 0 Jennifer Phelan May 24, 2006 Page 11 ~.. ,,~ Specifically, the maximum density of a PDD may be increased if: The site's physical capabilities can ''"" accommodate additional density and there exists no negative physical characteristics of the site, as "' identified in subparagraphs 4 and 5, above, those areas arr can be avoided, or those characteristics mitigated. ~• The proposed increase in residential density can be accommodated within the existing footprint of Buildings '~ 2 and 4. There are no negative physical characteristics which will result from the increase in density. 6c. The maximum allowable density within a PIID may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PiJD may be increased if: The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land use and characteristics. The increase in density will be compatible with the ~~ development pattern at AHV PUD. Additional people will increase the activity in the Village. Two more residential dwelling units are more desirable than vacant ~r commercial space. C. Site Design The standards in this section are not applicable to the proposed PUD amendment because there are not any external changes being proposed to the Village Core. The Village Core is designed and constructed. D. Landscape Plan The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels and with existing and proposed features of ~'" the subject property. The proposed development shall comply ~„ with the following: ~*• D.l. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant '~ vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area 0 0 ~. Jennifer Phelan May 24, 2006 w. Page 12 climate. ~„ The area proposed for the mini golf course is predominantly vegetated with native grasses. The ..~, applicant proposes grading and installing artificial turf in this area to accommodate the mini golf course. D.2. Significant existing natural and man-made site features which provide uniqueness and interest in the landscape, ~- are preserved or enhanced in an appropriate manner. As previously noted, the mini golf course is proposed for an area located at the base of the ski area. Native mountain grasses will be replaced with artificial turf .. and low ground cover which will be covered with snow in the winter. In the winter, the area will continue to be ~° used as a major skier circulation area. D.3. The proposed method of protecting existing vegetation and other landscape features is appropriate. The mini golf course will require the removal of some native grasses. No other vegetation will be impacted by the mini golf course. 8. Architectural Character The standards in this section are not applicable to the proposed PUD amendment. The buildings in the Village ;,,, Core have been completed and the exterior of the buildings will not be affected by the proposed amendment. F. Lighting The standards in this section are not applicable to the proposed PUD amendment. The lighting plan for the Village has been completed consistent with the AHV PUD Guide. The proposed amendment will not affect the ~'" lighting plan. G. Common Park, Open Space or Recreation Area Common areas, open space and recreation areas will not be " affected by the proposed amendment. The standards in this section are not applicable to the proposed PUD ~. amendment. The mini golf course will have a minimal .r affect on the appearance of the PUD. «. ~,. *s Jennifer Phelan May 24, 2006 `"~ Page 13 .~ H. Utilities and Public Facilities ,+,. ,,, There will be little, if any, impacts on utilities and public facilities resulting from the proposed amendment. I. Access and Circulation ~. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: ..~ I.1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or ~~ through an approved private road, a pedestrian way, or other area dedicated to a public or private use. Each structure in the Village Core has access to a public street. Attachment 3 depicts the relationship between the buildings and the street system. -'° I.2. The proposed development vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. There will be a significant reduction in automobile trip generation resulting from the proposed change in uses in .n•~ Buildings 2 and 4. Automobile trip generation rates for AHV PUD were agreed upon by the City, County, Roaring Fork Transit Agency and the. applicant during the original land use review process . The rates which were based upon a strong transit system are documented in Appendix 2 of «~ the Aspen Highlands Village Detailed Submission Consolidated Plan (Revised Maroon Creek Corridor Detailed "~"' Transportation Plan). The Revised Maroon Creek Corridor Detailed Transportation Plan was extensively reviewed by both the City and County and approved by both ,,, jurisdictions. ~" Table 1 shows the existing commercial space in Buildings 2 and 4 will generate approximately 78 daily automobile ~" trips. By comparison, the Revised Maroon Creek Corridor ~w Detailed Transportation Plan projects a daily trip rate of 4.55 for residential dwelling units. The two dwelling ~** Jennifer Phelan May 24, 2006 Page 14 ~~ units proposed for Buildings 2 and 4, in lieu of the commercial space, will generate approximatley 9.1 trips per day. However, the trips generated by one of the two residential units has already been accounted for in the original Transportation Plan. The dwelling unit proposed for Building 2 replaces the undeveloped four bedroom townhouse. There will be a net increase of approximately 4.55 trips per day generated by residential uses. Based upon the agreed upon daily automobile trip generation rates, the proposed PUD amendment will result in approximately 17 times less traffic in the Maroon Creek Corridor. TABLE 1 ASPEN HIGHLANDS VILLAG}3 PUD: AUTOMOBILE TRIP GENSRATION* Size/ Daily Daily Land Uses** Number Trip Rate Trips Retail (Bldg 2) 3,260 Condominium Room*** NA 10.17/1000 sf 33.15 NA NA Retail (Bldg 4) 2,460 10.17/1000 sf 45.2 Total 78.35 * Data based upon Appendix 2 of the Aspen Highlands Planned Unit Development Detailed Submission Consolidated Plan, Revised Maroon Creek Corridor Detailed Transporation Plan. Retail space is Net Leasable Area (NLA). NLA is 80 % of Gross area. ** Refer to the Growth Management Quota System Exemption for Change in Use section of this applicaiton for explanation of methodology to determine land uses. 0 *** The Revised Maroon Creek Corridor Detailed Transporation Plan did not assign trips to the Condominium Room. Source: Davis Horn Inc., May 2006 ~"" I.3. Areas of historic pedestrian or recreational trail use, +~ improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to .~, ~r `""' Jennifer Phelan ~r May 24, 2006 Page 15 ,,~ significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. """ There will not be any changes in the relationships ~„ between the existing Village Core buildings and the trail system. Trail easements were dedicated to the public in ... the original PUD approvals and public trails were constructed and dedicated to the public. I.4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposal will not affect the AACP trails plan. The ,~~ applicant implemented the Revised Maroon Creek Corridor „ Detailed Transportation Plan as part of the AHV PUD approval process. The Plan is Appendix 2 of the Aspen Highlands Village Detailed Submission Consolidated Plan. `~ I.5. Streets in the PUD which are proposed or recommended to ;, ~ be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. The streets in AHV PUD are privately maintained and available for use by the public. The land use proposal will not affect access for the general public or emergency vehicles. "~" I.6. Security gates, guard posts, other entryway expressions for the PIID, or for lots within the PiID, are minimized to the extent practical. Streets within the AHV PUD are not gated. There is a ~" gate and a fee to enter the skier parking structure during the ski season. Residents and employees parking in the residential and retail employee garages use passes to enter the garage . Ski passes are required to pass the entry gates for the Exhibition and Thunderbowl ~* chairlifts . J. Phasing of Development Plan The purpose of this criteria is to ensure partially '~ completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of 0 r Jennifer Phelan May 24, 2006 Page 16 an individual phases are mitigated adequately. If .~ phasing of the development plan is proposed, each phase ~, shall be defined in the adopted final PIID development plan. .. The applicant anticipates development upon approval of ~"' this applicaiton. Phasing is not proposed. ~. ~„ Growth Managment Quota System Exemption for a Change-in-IIse Section 26.470.040 C.5. ,.„,. This section demonstrates compliance with the standards in Section 26.470.040 C.5 of the Land Use Regulations. The applicant proposes converting the existing retial space (Condo Unit C-4102), located in Building 4 to a three bedroom free-market residential dwelling '""" unit. The City of Aspen issued Certificates of Occupancy (CO) for ,~ the spaces in Buildings 2 and 4 more than two years ago. Attachment 18 is a copy of the CO for Building 2 and Attachment 19 ~-- is the copy of the CO for Building 4. ~, 5a. Sufficient growth management allotments are available to accommodate the change-in-use pursuant to Section 26.470.030 (D), Annual Development Allotments '"' The applicant is seeking one GMQS exemption for a change-in- use. If an allotment is not available this year, the applicant seeks an allotment from next years quota. 5b. The proposed development is consistent with the Aspen Area ~'" Community Plan. Aspen Highlands Village PUD is a mixed use development located at the base of a ski area. Pitkin County and the City of Aspen both found during the land use review process that the PUD is consistent with the AACP. Attachment 70, BOCC ~ Resolution 98-70 recital # 3 shows the approved land use mix for the PUD. The changes in the land use mix proposed in this ~„ application are insignificant. The change in use of the retail space in Building 4 to a three bedroom free market ~" residential unit will not significantly change the mix of land uses in the PUD. The PUD will still be consistent with the ~. Aspen Area Community Plan (AACP). Attachment 10 shows that upon full development there will be ~, Jennifer Phelan May 24, 2006 Page 17 175 residential dwelling units and 73 tourist accommodation units in AHV PUD. The applicant's PUD amendment calls for one net additional dwelling unit to be developed in the PUD. The net addition of one dwelling units is a .6 percent increase in the density of residential development. The Aspen Area Community Plan (AACP) Map B: Future Land Use Composite identifies AHV PUD as a Transit Oriented Development Node. Transit Oriented Development Nodes are ideal locations for increased density, even insignificant density increases such as the .6 percent increase in residential density proposed by the applicant. 5c. Sixty (60) percent of the additional employees generated by the change, according to Section 26.470.050 A, bnployee Generation Rates, are mitigated through the provision of affordable housing or cash-in-lieu thereof. Any affordable housing units provided shall be approved pursuant to Section 26.470.040.0.7, Affordable Housing at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. C LeeL oz gross space. The AHV PUD approval estimate that Net Leasable Area (NLA) is Ly 80 percent of gross space. According to this re generated by the Building 4 retail space neration rates in Section 26.470.050 A.1 of is approximately 2,460 square feet of NLA in Approximately 10 Full Time Equivalent The applicant is proposing to change the use of the retail space in Building 4 to a residential three bedroom dwelling unit. It is assumed that three free market residents are housed in a three-bedroom dwelling unit. Aspen Highlands Village PUD is required to provide affordable housing for 60 percent of the residents housed in the free market residential units. Based upon the 60 percent rate, the applicant would be required to provide affordable housing for 1.8 people to offset the development of one 3 bedroom dwelling unit. The preceding analysis shows that there will not be any additional employees generated by the change in use as compared to the proposed use. In fact, the new use will generate 8.2 less employees than the approved use. The applicant was required to build housing for 60 percent of the employees generated by the retail space. This means the assumption, there the subject space (FTE) employees a based upon the ge the Regulations. Jennifer Phelan May 24, 2006 Page 18 applicant has already built affordable housing for six people to mitigate for the approved retail space when only housing for 1.8 people is required for the proposed residential use. Therefore the change in use results in a net gain of 4.2 people housed in affordable housing as compared to local Aspen and Pitkin County affordable housing standards. ~„ The existing space in Building 2 which will be converted to a four bedroom residential unit was approved for a 3,000 square foot Condominium Meeting Room and a ,2; 00 square foot retail '~~~'~• space (GLA) Base upon the data in th eptember, 1997 Aspen ~~~ON~ Highlands Village Detailed Submission Consolidated Plan, Table ~ 11 approximately 6.9 FTE would need to be housed to mitigate for the space in Building 2 (see Attachment 26). 5d. No more than one (1) free-market residential unit is created through the change-in-use. Only one free-market residential use is proposed pursuant to the change-in-use. The four bedroom free-market residential dwelling proposed for Building 2 will be built utilizing the credit from the free market townhouse which was not built. 5e. Affordable housing equal to thirty (30) percent of the additional free-market residential floor area is provided. Affordable housing shall be approved pursuant to 26.470.0400., Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Piktin County Authority Guidelines as amended. An applicant may choose to provide mitigation units at a lower Category designation. Attachment 16, Minutes of the May 5, 2004 Regular Meeting of the Aspen/Pitkin County Housing Authority, documents that the AHV PUD audit established that the applicant housed 14.89 more FTE's than required by City and County standards. As indicated in the minutes the Housing Authority voted that the credit may be used on other Pitkin County projects. The vote of the Housing Authority is entirely consistent with Condition # 16 of BOCC Resolution 97-67 which approved the Site Specific Development Plan (see Attachment 15) reads as follows: "An audit of Full Time Equivalent Employees shall be conducted at the applicant's expense one year after completion of Phase Four. The applicant shall be responsible for housing mitigation or any employee generation over and above that contemplated at the time of Detailed Subdivision approval. If the required audit shows a reduction in employee generation the applicant Jennifer Phelan May 24, 2006 Page 19 a may seek a credit to be used on other Pitkin County " projects." Based upon the preceding findings of the Housing Authority and the approvals granted int he Site Specific Development Plan which are vested in perpp~tu• v, the applicant is not required to provide affordable housing equal to 30 percent of the additional free-market floor area because the floor area has ~~. al rP ~/ hP~n _x~rnvi ded to accommodate 14 .89 employees in excess a"~ of the number of FTE's required to be housed. "" 5f. The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvment proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage '°~ control, fire and police protection, solid waste disposal, parking and road and transit services. „~ There will be no new demand placed on the city's public facilities resulting from the change in use. Excellent .,. transit service is provided to AHV PUD. As documented in a prior section there will be significant decrease in traffic ..~, volume resulting from the change in use. ~~ ,`_r Section 26.515.030 of the Land Use Regulations establishes that two off street parking spaces are required per multi- ~~ family dwelling unit (outside Aspen Infill Area). Two additional multi-family dwelling units is proposed. Four off- ,,.,..,::, street parking spaces are required according to the Regulations. The Final Draft of the Aspen Highlands Village- Detailed "~" Submission Consolidated Plan (Site Specific Development Plan) includes Table 8, Off-Street Parking Plan (see Attachment 20). The Aspen Highlands Village Detailed Submission Consolidated Plan identifies 58 parking spaces in the Village Core to be utilized by Village employees. Four of the 58 parking spaces '"" reserved for Village employees will be converted to parking „~, for the two proposed multi-family dwelling units. ~. Subdivision - Other Amendment 26.480.080 B. This section demonstrates compliance with Section 26.480.080 B. of the Regulations. ~., ~r ~, err Jennifer Phelan May 24, 2006 Page 20 B. Other Amendment. Any other amendment shall be approved by City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. ~~' The development of the two free market residential dwelling units in Buildings 2 and 4 are interior changes which have no effect on "~ the approved Plat. The applicant will file a revised condominium ~„ plat upon completion of the dwelling units prior to sale of the units. The mini golf course is proposed to be located in AHV PUD Blocks D "~" and H (see Attachment 12). Block D encompasses Buildings 2 and 4 ,,~ and Block H is an open area encumbered with a skiing easement . The alteration of the landscape to accommodate the mini golf course will not affect the Plat. SiJNIIKARY This land use application has demonstrated compliance with the section of the Aspen Land Use Regulations identified in the Pre- application summary sheet. Attachment 27, Fourth Amendment to ~"` Declaration of Condominium for Aspen Highlands Condominiums, shows that the Condominium Association approves the proposed AHV PUD amendment. The following list of attachments is provided to assist in the review of the application. 1. Vicinity Map 2. Aspen Highlands Village Final Plat page 4 3. September 24, 1997, Final Draft Aspen Highlands Village `""" Detailed Submission Consolidated Plan sheet A005 4. September 12, 1996 Aspen Highlands Village Detailed Submission ~~ Building Two Ground Floor (Sheet A2-202) "~ 5. Building 2 Condo- A Conceptual Design 6. Building 4 Retail Space Floor Plan 7. Building 4 Condo-B Conceptual Design .~. ~„ 8. Mini Golf Course Conceptual Plan .. Jennifer Phelan May 24, 2006 Page 21 9. City of Aspen Pre-Application Conference Summary Sheet 10. Board of County Commissioner's Resolution 98-70 Granting Aspen Highlands Village Planned Unit Development Final Plat Approval 11. Subdivision Improvments Agreement for the Aspen Highlands Village PUD 12. Subdivision Plat of Block E, Aspen Highlands Village PUD, Townhome Residences Maroon Neighborhood, Phase 2 13. Aspen Highlands Village Planned Unit Development Guide, Area and Bulk Requirements (Section V. recorded at reception # 423274) 14. September 1997, Final Draft Aspen Highlands Village: Detailed Submission Consolidated Plan, Section VI "Affordable Housing Exactions 15. Board of County Commissioner's Resolution 97-67 Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review and Special Review Approval to The Aspen Highlands Village PUD 16. Minutes of the May 5, 2004 Regular Meeting of the Aspen/Pitkin County Housing Authority 17. AHV PUD Guide, Village Planting Plan Part Two (Drawing L-402) 18. Certificate of Occupancy for 133 Prospector Road issued for Building 4 19. Certificate of Occupancy for Aspen Highlands Village PUD Building 2 20. September 1997 Final Draft of the Aspen Highlands Village Detailed Submission Consolidated Plan Table 8, Off-Street Parking Plan 21. Letter Authorizing submission of land use application 22. Fee Agreement 23. Proof of Ownership 24. List of Property Owners located within 300 feet 25. Land Use Application form Jennifer Phelan May 24, 2006 Page 22 26. Aspen Highlands Village Detailed Submission Consolidated Plan, Table 11 Please contact me at 925-6587 if I can provide any additional information and or materials. Thank you for your assistance. Sincerely, VIS HORN INCORPORATl3D GLENN HORN AICP AHV.AMC ,. I Yurisiif~/ drop 1r:T.S. ATTACHME~JT ~- ... r . ~ ~ f ~ I h ~ I ~/ 1_~ __ ~ ~.~ Afr a r~ w ~. 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I Z g a O r g W 0 U tL J O C7 Z_ W g J_ to O Z g gTTACHMENT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 3/30/06 PROJECT: Highlands Village Change-in-use and Substantial PUD Amendment REPRESENTATIVE: Glen Hom TYPE OF APPLICATION: Planned Unit Development -Other Amendment, Subdivision Amendment and Growth Management Quota System (GMQS) DESCRIPTION: The prospective Applicant would like to change the use of a portion of the existing Highlands Village buildings from a commercial use to a residential use (two Free-Market units approximately 5,000 sq.ft and 3,000 sq.ft in size). The Applicant has indicated that they have one growth management allotment credit for one of the free-market residential ' units. The Applicant will need to provide verification that the allotment is valid and has not expired. Additionally, certain hardscape and softscape improvements are proposed for the village's landscape. As part of a Planned Unit Development (PUD), PUD Amendment approval is required to modify the PUD and allow the use conversion and mini golf improvements. GMQS Approval is required for the development of free-market units within a mixed-use project and the development of Affordable Housing. The Applicant may want to consider combining the reviews so that the City Council is the final decision making body. .., Land Use Code Section(s) 26.304 Common Development Review Procedures '~" 26.710.330 Ski Area Base District 26.445.100 B. Planned Unit Development -Other Amendment (P8~Z recommendation to Council `~ pursuant to Section 26.445.030(C) Steps 3 and 4) 26.480.080 B. Subdivision -Other Amendment 26.470.040 C.6. Free-Market Residential Units within a Mixed Use Project (P&Z) i"~ 26.470.040 C.7 Affordable Housing (P&Z) ryY Review by: -Staff for complete application -Referral agencies for technical considerations - Planning and Zoning Commission for PUD (recommendation to City Council on amendment M~ request), QMQS for Free-Market residential Units within aMixed-Use Project and .„~, Affordable Housing (final decision making body) - City Council for PUD Amendment and Subdivision Amendment (final decision making body) Public Hearing: Yes at P & Z review and at Council for 2"d Reading of Ordinance Planning Fees: $2,700 Deposit for 12 hours of staff time (additional staff time required is billed at $225 per hour) Referral Fees: Engineering ($376), Parks ($376), Housing ($376) """ Total Deposit: $3,828 Total Number of Application Copies: `~' Subdivision and associated reviews: 20 Copies To apply, submit the following information: 1. Total Deposit for review of application. ~, 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the ~"` applicant. ,„~, 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of '~" Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. ~~ 9. Existing and proposed site plan, landscaping plan, and parking plan. 10. Existing and proposed floor plans and elevation drawings that include proposed dimensional requirements. 11. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development "~` complies with the review standards relevant to the development application. 13. All other materials required pursuant to the specific submittal requirements. 14. List of adjacent property owners within 300' for public hearing. The GIS department can provide this '~ list on mailing labels for a small fee. 920.5453 15. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. .,,, .~ err ... r /~~-~~°~ ~ ~ .P~~ ~T 10 - - - ,~ A RESOLUTION OF rir~>~ < BOARD OF COUNTY CONIlVIISSIONERS OF F~ ~ ~~ COUNTY;. COLORADO, GItANT'1NO FINAL PLAT APPROVAL TO THE ASPEN FIIGl~°-s~.:NDS VILLAGE PUD Resolution No. 9$-~ _,~ Recitals """ ests - HILP Mountain Limited Partnership, 1 Appu~t, project Location, and Approval Requen Hi hlands Skiing Corporation, Whipple Aspen Highlands Mountain Linvited Liability Company, Asp B Van Ness 3ones and Hines Highlands Lunited Partnership, (hereinafterKeferred t ro cApphlie ant"} have applied to Pitkin County for approval of the Aspen Highlands Village ( AHV ) P j re ests approval for Rezoning, Special Review, Growth Management Quota application specifically qu System Allotments ("GMQS") and Detailed Subtnission/I'lanned Unit Development ("PUD"). 'The Aspen Highlands Village site is located in the Maroon Cei es more s c ifically des abed in Exhib~t A~ ~' Ski Area and contatns approximately 70 acres. The parc roved with conditions as evidenced in The Subdivision/PUD General/Conceptual Submission was app Board of County Commissioners ("Board") Resolution 96-141. The SubdivisionlPUD Detailed Fw'. Submission was approved with conditions by the Board on October 29, 1998 by Resolution ~~. "- 2 Existing Uses -The subject site is improved with the Maroon Creek Lodg oXUnatelkl 742 off- en Hi ands Ski Area base area facilities and a pazking lot containing pp Y ~~ the Asp g~ street parking spaces. Existing buildings contain approximately 39,194 square feet of commercia space, 1,970 squaze feet of skier services, and 13 tourist accommodation units in the Maroon Creek Lodge. .,. In the late 1980's Pitkin County issued a de~mt o tiutntse ~ square feet of retail spa es and 2,5100 square contained forty-nine (49) tourist accommo .~, feet of bar and restaurant space. The Highlands Inn was demolished subsequent to the Issuance of the demolition permit. 3 The plan -The land use actions identified in the title of this resolution aze~a irs ateth base approval process necessary to enable the Applicants to demolish all of the existing g of the Aspen Highlands Ski Area and construct AHV. a new mixed-use village on the site. The plan summarized in the Aspen ~~~ VBlage Detained g~m~an: Consolidated Documents, September 1997 constitutes the Site Specific Daenveiliclpm~t~Pe of ow 8 ~ me ~ tion 6-5.7. of the `"' Pitldn County Land Use Code. 'The AHV P ~'" detached free-market dwelling units (20 of these development . Thirty-one (31) single family rights to be obtained through acquisition of TDRs), . Thirty-two (32) townhouse free-market residential dwelling units; Seventy-three (73) rourist accommodation units; ~• Thirty-seven (37) Category 1 dorm units (housing 61 people); Twenty-two (22) single family Category 4 affordable housing sale units (4 bedroom); One (1) single family Category 4 affordable housing sale unit (3 bedroom); Twenty-eight (28}attached Category 3 affordable housing sale units (3 bedroom); Eight (8) Category 1 and eight (8) Category 2multi-family sale units (1 bedroom); ~ Two (2} Category 3 one bedroom rental units: Five (5) Category 3 two bedroom rental units; ~` Ill Illill lilt Il1111111~1III11111 Iltl Iltl ~• I I~'lll ~'lll ~'I 1998 03:18P RESGLUTI DpV2S SILVI 423268 10/1S/ 1 of 9 R 46.00 D 0.00 N 0.00 PITICIN COUNTY CO 1;'rsolution No. 98-zQ "". laage Z Ten (10) Caretaker Dwelling Units; Twenty-one thousand, six hundred (21,600} square feet of retail space (Net Leaseable Area ~" "NLA"); Twelve thousand (12+000) square feet of accessory skieruare feet of restaurant space Fourteen thousand, one hundred twenty-five (14,125) sq ~'" (NLA): Three thousand (3,000) square feet of condominium meeting rooms (NLA); • One thousand eight hundred (1,800) square feet of meeting rooms (NLA); • Two thousand two hundred (2.200) square feet of ski area storage (NLA): ~. Four hundred fifty (450) paz1~g spaces for the Aspen Highlands Ski Area; and "~' Two hundred and chiriY (230) off-street parking spaces for the affordable housing and ,,,, tourist accommodation amts and AHV employees. "~"' 4 Applicable Land Use Code -The Applicant submitted the AHro ~ ~tillMarch l3, 1996a lne ~., application in June of 1993 and did not receive General Submission app se crate April of 1994, the Board of County Commissioners adopted a new land use code. By p '~"' resolution (Board Resolution # 94-b8). the Boazd established a policy for the review of land use applications which were in process at the time of adoprion of the "new" Code_ Resolution # 94-68 specifically states that "all active land use applicatio Code '~Theb~rcn ac ~ ~ bin esothab 6~~ by d'e shall be reviewed pursuant to the ex~stmg Land Use Board as meaning an application which is substantially complete and ~n beforeethe Planr-ing andview. ' Since the AHV application was not only complete, but had actually Commission and the Boazd of County Commissioners prior to March 16th. the Board found Zoning - that the. Highlands Village.applieation mec the criteria for an "active" application at the tune of e adoption of the "new" Land Use Code. accordance with Board Resolutions 95-10 and 96-6, the Board and Applicant mutually agreed that all In Growth Management Quota System (GMQw) P ~ CO~ri eta U C de d be processed pursuan to Sections 3-140, 3-150, 3-160 of the ne Commissioner Review Process -The Board considered the AHV Final Plat 5, Board of Cmmty on May ~, 1998. at a duly noticed public heazing on Agri122, 1998 and at a public meeting BE TT RESOLVED by the Board that it does hereby grant Final Plat 6, NOW, 'I'IlIEREFORE, ~" approval for AHV PUD subject to the conditions listed below. S~~ cements of BOCC Resolution No. 96-141 and 97-167 shall be adhered ~- l . All conditions and regal to unless specifically modified by the terms of these conditions. hcant shall adhere to all material representations made in the application, supplemental 2. The aPP ublic meetings. materials, and in p The a licant or develo ment entity or successors and assigns shall be responsible for all 3. Pp P '~ material representations made in General Submission, Detailed~vementsoA regiment (SIA). In g Aspen Highlands Village PUD Guide and the ~~vetoear and use review process, the last the event of conflicting representations during y "~" representations made and approved by the Board shall control. ~r (( ((II `` ``ff ``(( ``` `` II ( ~~~II~'~III ~'1'~I illl'~ ~I'~ ~~II t~~l~~~ 111 ~~1~'tl~l ~' 23288 10/1S/1998 03:18P RESOta17I DpVIS rrc 2 of 9 R 48.00 D 0.00 N 0.00 PITKIN t;p1MfY CO 0 ar Resolution No. 98-~ ~"' Page 3 ^~° hcant or dcvelopmr_nt ca~ti~'y or successors and assign shall not tr movements on Lo ~l 1, 4. Ttte app - ermit or construction of any imp nor will Pitkin County issue a building p ~, Block A and Lot 15, Block G until a Transit: able pevcloprnent Right Certificate for each of these lots is approved by the Director of Community Development. .~ 5. Prior to the recordation of the Final Plat: "'° a. The applicant shall provide a title commitment and a Phase 1 Environmental Audit for the property to be dedicated to Pitkin County for the County Attorney's review and approval b, The deed for the property to be dedicated to Pitkin County must be accepted by the BOCC by ordinance. c. The County Attorney's Office shall review and approve the Final Plat documents, an "agreement to serve" with the Aspen Consolidated Sanitation District, the '~ Subdivision Improvements Agreement, the PUD Development eemen for ~» Subdivision Co ~ nThe PUD G de and SubdivisM on Imp ovem is Agreement form and conten ~Fw shall be recorded at the same time as the Final Plat. d, Street names for the AHV PUD shall be reviewed by the County's Addresser to avoid duplication with other street names in the County. licant shall present a final plat and GIS disk meeting all requirements of e. The app royal of the the applicable Land Use Code for review and app County Engineer, the County Attorney, and Cotnmunit•Y Development Department. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN 'TIMES WEEKLY ON THE ]DAY OF ~~._~ 1998. INTRODUCED, FIRST READ AT A PUBLIC HEARING ON THE 22ND DAY OF a~ APRII,,1998. APPROVED Al`tD ADOPTED AFTER SECOND READING ON THE 5TH DAY OF MAY, 1998. R ADOPTION IN THE ON THE j¢j}~DAY PUBLISHED AFB OF O-t~~l~~ umm~~niiomniiuwumimia~im ~, Page 4 - BOARD OF COUNTY COMMISSJtON~ERS OF Pl COUNTY, C O ,~ By: Dorothea F ~ , C atrrrian Date• a ATTEST: 3eges, ,~)/N~C G ' .~~~ '°'" Deputy County Clerk • APPROVED AS TO FORM RECOMMENDED FOR ADOPTION ,, ,/ G~ -~_ .t . -'" Cindy Elouben John Ely Community Development Director Attorney P15-98 G: planning/pitkin/cases/highlands/ahbvfp2.doc ,,,~ iiiii~~i~~~iiu~~~i~~ii«~iri~~iuii~i~~~~i~i~~ ~i~iiii 4~Z88 10/18/i~ 03:iaP RESO~U'rI DpYIS .,~, 4 of 9 R 48.00 D 0.00 N 0.00 PITKIN CDUNTI CO __`-- ____--- ;~.~ _ - . rr oz~ ,~ or .~, ar or (97;1; ;;45-i0i14 FAX 1970) 9A5-5948 ~-J,s 15 .~... ~ r ..Yo- "~G~~~^ - scsFa ~- conooN ~r~rr 118 West 6th, Suile 200 Glenwood Springs. CO 81601_ II i` f~~~~~ ~I~~ I~11 ~1~1"1 ~~~ ~~~~1 ~~~1 ~~~~ 29 May 1998 I1~'~II~~III'~f~'i 83;10 RESOl.1JTT OpVTS TY CO Job No. 92184b34.102 4Z3~00 10/13 C 0•~ N 0•~ pT7KTN COON S of 0 R 40.00 ASPEN HIGHLANDS VILLAGE P.U.D. PARCEL G 10 South, Range 85 West of the 6"' A parcel of land situated in Sections 14 & 15, Township described as follows: Principal Meridian, Pittdn County, Colorado, said parcel being more particularly Beginning at the S1/16 of said Section 14arinm becngtrelative~ofa beanngtof N 89839'34" W N 01°40'43" E 1316.64 feet, with all be g between the C1 /4 corner and the W 114 of said 80t52 09" E 452e17 oeet thence 453.86 feet along the west line of said Section 14; thence N N 17°54'43" E 942.99 feet; thence N 17°31'08" E 206.40 feeW 24 92 a 6°Ohe00e E 314.89 feet; thence N 90°00'00" E 239.32 feet; thence S 00 00 00 N 90°00'00" E 713.15 feet; thence S 61 °49'54" E 5221"fEtt01.43 feet7thence 1" E 77 38 feet; thence N 76°54'50" E 142.fi1 feet; thence N 68 N 62°24'32" E 69.68 feet; thence S 72°47'25" E 10 the NE1/4, SW1/4 of said'Se coon 014;Ithence thence S 85 ° 18' 50" E 361.49 feet to the east line N 00°15'39" W 915.24 feet to the C1/4 of Sectiont~4nceeS 663°00'53"IW 3 5 988eettthence N east line of the SE1/4, NW 1 /4 of said Section 14, 02° 16'39" W 156.07 feet; thence N 76 ° 17'0 g0E36'00" E e44 90 feetNthenc0e 100" E 37.16 feet; thence N 56°31'00" E 57.09 feet; thence S N 71°36'00" E 58.59 feet; thence N 81"°08'01' ~ feet along the ea t line of the SE1/4 /NW1/41 of of said Section 14; thence N 00 15 39 W 19.1 said Section 14 to the southerly line of the Aspen Highlands Sftulbe ~~ N 80 h36'00" W 47.81 feet; S 81°10'00" W 82.23 feet; thence S 71 °36'00" W 55.31 feet: thence thence S 56°31'00" W 66.09 feet; thence S 50°02'00" W 30.00 feet; N 84°53'00" W 71.90 feet; thence 46.67 feet al~ 33'57",card subt nding at chord beadngleft, having a radius of 60.00 feet, a central angle of N 17°26'26" W 45.50 feet; thence N 20°30'00" E 40.34 feet; thence 134.51 feet along the arc of a curve to the left, having a radius of 522.51 nce,N 05 45' O9E 12.70 feetOthence 155.33dfeet a chard bearing N 13°07'30" E 134.14 feet; the along the arc of a curve to the right, hav ing a r~adi 154°f24 feet thence central angle of 23°29'47", and subtending a chord bearing N 17 29 54 E N 60°45'16" W 60.00 feet; thence 179.93 feet along the arc of anon-tangent curve to the left, having a radius of 438.77 feet, a central angle00Of ~ ~ 270 feetnthencte 11i9 07 a ong therarc of S 17°29'51" W 178.67 feet; thence S 05 45 a curve to the right, having a radius of 462.51 feet, a central angle of 14°45'00", and subtending a chord bearing S 13°07'30" W 118.74 feet; tfe hav 2 a°3ad,00"oW 0 00 feet, a central aQngieeof along the arc of anon-tangent curve to the le t, 9 44°56'08", and subtending a"chord bearing S 57° thence S 36 46f06" Eh91 55 a LoOthence S 64.17 feet; thence N 80°26 25 W 105.22 feet, 41°22'07" W 164.83 feet; thence N 78° 19'00" W 29.77 feet; thence t of 2 SE:Ic\92184b34.102 ~~_ ,". S 83°09'00" W 18.91.-Ears ; thence S 56°25'00" W 93.12 feet; thence S 64°56'00" Y~' 20.18 feet; thence N 33°20'00" W 26a.95 feet; thence S 49°36'07" W 48.22 feet; thence N 26°11'00" W 131.97 feet; thence N 46°08'00" W 307.44 feet; thence N 38°46'00" W 192.60 feet; thence N 47°35'00" W 133.74 feet: thence S 29°53'59" W 74.09 feet: thence S 73°02'31" W 87.19 feet; thence 5 84°11'00" W 84.66 feet; thence N 49°01'01" W 57.10 feet; thence N 22°32'01" W 54.76 feet; thence N 08°14'40" W 56.60 feet; thence S 05°57'55" W 132.06 feet; thence S 15°22'00" W 1021.21 feet; thence S 47°44'00" W 48.47 feet; thence N 55°12'00" W 315.12 feet to the easterly line of the Maroon Creek Road right-of- way; thence S 29°19'00" W 171.93 feet along said Maroon Creek Road right-of-way; thence continuing along said right-of-way 1 fi1.60 feet along the arc of a curve to the right, having a radius of 333.25 feet, a central angle of 27°47'02", and subtending a chord bearing S 43°12'31" W 160.02 feet; thence S 57°06'00" W 597.79 feet; thence 186.10 feet along the arc of a curve to the left, having a radius of 266.56 feet, a central angle of 40°00'01 ", and. subtending a chord bearing S 37°05'59" W 182.34 feet; thence S 17°06'00" W .235.25 feet; thence 95.16 feet along the arc of a curve to the left, having a radius of 614.92 feet, a central angle of 08°51'59" and a subtending a chord bearing S 12°40'00" W 95.06 feet; thence S 08°14'00" W 211.16 feet; thence 105.10 along the arc of a curve to the right, having a radius of 587.33 feet, a central angle of 10°15'10", and subtending a chord bearing S 13°21'33" W 104.96 feet; thence S 18°29'00" W 301.73 feet; thence 361.04 feet along the arc of a curve to the right, having a radius of 317.03 feet, a central angle of 65°14'58", and subtending a chord bearing S 51°06'29" W 341.84 feet; thence S 83°44'00" W 112.84 feat; thence 107.21 feet along the arc of a curve to the right, having a radius of 414.11 feet, a central angle of 14°50'00", and subtending a chord bearing N 88°51'00" W 106.91 feet: thence N 81 °26'00" W 100.98 feet more or less to the centerline of Maroon Creek; thence S ZO°59'18" W 34.61 feet along the centertine of said Maroon Creek to the north line of the SE1/4, SE1/4 of Section 15, Township 10 South, Range 85 West; thence along the north line of said SE1/4, SE1/4 of Section 15 S 89°52'28" E 639.87 feet more or less to the point of beginning, said parcel contains 69.579 acres more or less. u~ n~ eM ~i np wa a~,,uu ~ xu~ ~ ixi SE:Ic\92184b34.102 2 of 2 SCHMUESER GORDON MEYEA. INC. _~ .~, (970 945 tCi0~ FAX (970; ~5-v:,~c: Aspen Highlands Village P.U.D. Parcel 1 October 12,1998 Job No. 92184B34 A parcel of land situated in the SW1/4, NWI/4 of Section 14, Township 10 South, Range SS West of the 6'~ Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly right-of way line of Maroon Creek Road whence the W 1/4 of said Section 14 bears S 78°25'01" W 265.45 feet, with all bearings being relative to a bearing of N 89°39'34" W between the C1/4 corner and the W 1/4 of said Section 14; thence V 75°25'00" W 222.09 feet more-or-less to the centerline of Maroon Creek; thence V 54°43'33 "E 151.42 feet more-or-less along the centerline of Maroon Creek; thence N 34°56'13"E 84.77 feet more-or-less along the centerline of Maroon Creek; thence leaving the said centerline of Maroon Creek S 18°30'00"E 208.50 feet more-or-less to the westerly right-of - way tine of the Maroon Creek Road; thence S 57°06'00" W 270.86 feet along said right-of--way line of Maroon Creek Road to the point of beginning, said parcel contains 0.512 n acres more- or-less. ~. ~. rr i imiu~,iu~ ~u nu ~ ~~ ib ~A ~i in _...:1' ~_~-. _ SG ~:._ , ~'Vt ~anawreren ~ 118 West 6th, Suite 200 Glenwood Springs, Ct) 81601 ""'a -~ ~' t~"10) 945-1004 ,r, FAX (970) 945-5948 ~, ~. ", ~, ~.. ~r '` ~,nwtrna x a~~r~.t ~ r---. `a ~ Aspen I3ighlands Village P.U.D. Parcel 2 October 1Z,195~f A parcel of land situated in the NE1/4, SE1/4 of Section 15, Township 10 South; Range 85 West of the 6`~ Principal Meridian, Pitkin County, Colorado, said parcel being more particulazly described as follows: Beginning at a point on the westerly right-of -way line of Maroon Creek Road whence the W 1/4 of said Section l 4 bears N 04°3010 E 840.9 a ~e W 1/4 of said Section 14r thence alo g said ofN 89°39'34" W between the C1l4 corner an t-of-wa Maroon Creek Road right-of--way S 18°29'00" W 14.24 feet; thence leaving said righ Y N75°25'00" W 130.98 more or less the centerlinc of Maroon Creek; thence N 06°14'13" W 15.2015.20 feet more o=c k S 75 25 00" E 137 35 feet more orrless~to the point leaving the said centerline of Maroon C of beginning, said parcel contains 0.044 acres more or less. I illlll (IIII 111111 111111 II11 IIII 1111111 III IIIiI fill Ills Ski:amun,aroon creek Parczl z 423260 10/is/lYOS 03:18P RESOt.U'T2 DAVIS SILYI a of ! R 44.00 D 0.00 N 0.00 PITKIN COUN?Y CO 118 Wiest i;'r'..~7 ~ ~0~`' G{env~ood Sprsrrgs, G~' a~:~605 ------~ err ~: EppYV[dQ ~~ -. . wwrrirorti . Ni _ ,19 West 6th, Sude 200 (970) 945-1004 ~""'ES`" ------~ - ~,''~~r•~~o~i Springs, CO 81601.... «~. , aoauoirrrror FAX (970) 945-5948 -- . t ,,.~, ,~+ Aspen Highlands P.U.D. ®ctober 12, -1998 Job No.92184B34 Parcel A A parcel of land situated in the NW 1/4 of Section 14, Township 10 South, Range 85 West of the 6t° Principal Meridian, Pitkin County, Colorado, said parcel being more particularly described as follows: Beginning at the W 1/16 of said Section 14, with all bearings being relative to a bearing of N89°39'34" W between the C1/4 comer and the W e%o 14 267 6 feet more-o9r-less to the along the north line of the NE1/4, NW1/4 of said S centerline of Maroon Creek; thence S 07°4T29" E 77.85 feet more-or-less along the centerline of Mazoon Creek; thence S o 7°3 8''54" W 348.53 more-or less alonglthe centerlinerof Maroon Maroon Creek; thence S 00 57 53 E 70.39 feet Creek; thence S33° 16'44"E 77.91 feet more-o ~1~169.7 7feet morero~i less; thence S 4Z°35'00" thence leaving said Maroon Creek N 90 00 00 E E 287.68 feet to the westerly right-of way line of Ma ~o R ~ ~~nnd 54.98 feet along the arc of 1087.07 feet along said right-of-way of Maroon Cre curve to the left, having a radius of 862.13 feet, e S 29 19 00, W 520.76, feet; thencetending a chord bearing S 34°28'00" W 154.77 feel; thenc 132.50 feet along the azc of curve to the right, having ~ x3121 feet; thence S 57°06'00"gW of 27°47'01", and subtending a cord bearing S 43 130 85.65 feet; thence leaving said Maroon Cree 30'00" W 183 OS more-oroessoo the center line of thence 56°54'00" W 44.47 feet; thence N 63 Maroon Creek; thence N 70°28' 12" E 290.78 feet more-or-less along the centerline of Mazoon Creek; thence N 49°19'21" E 54.46 feet more-oalons the enerl ne of Maroon CreekCthence thence N 32°53'05" E 310.96 feet more-or-less g thence N 27° 40' 12" E ] 94.b4 feet mor-or-less along the centerline of Maroon Creek; thence N 3?°47'52" E 308.87 feet more-or-less along the centerline of Maroon Creek; ~( 22°5l'01" E 64.59 feet more-or-less along the centerli l~~ M Maz on Creed S 89°2b'Z~~nEof NW 114, NW1/4 of Section 14; thence leaving said cente along the south line of said NW 1/4, NW 1/4 of019a W 1328 11~ fee Lalongtthe west l ne of the NW 1/26 of sand Section of 14; thence N 00 3 NE1/4, NW 1/4 to the point of beginning, said parcel contains 13.204 acres more-or-less• IWI IIIII IISII NIA II I~ WIN II I~ I@I IIII ATTACHMENT` ~ ~ SUBDIVISION IMPROVEMENTS AGREEMENT - FOR THE ASPEN HIGHLANDS VILLAGE P.U.D. THIS SUBDIVISION IMPS VEMENTS AGREEMENT ("Agreement"), made and entered into this 1s- daY of l~D~- 1998, by and between NINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as "Owner") and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "BOCC" or "County")• W I T N E S S E T H -~ A. 'The Owner has received final approval for a Site Specific Development Plan from the BOCC for a subdivision known as The Aspen Highlands Village P.U.D., a Planned Community, as set •~ forth in the Detailed Submission Consolidated Documents, consisting of: ,, • Thirty-one (31) detached free-market dwelling units; • Thirty-two (32) townhouse free-market residential dwelling units; • Seventy-three (73) tourist accommodation units; "' • Thirty-eight (38) dorm units; • Twenty-two (22) Category 4 affordable housing sale units (4 bedroom); -~ ~ • One (1) Category 4 affordable housing sale unit ( 3 bedroom) • Twenty-eight (28) Category 3 affordable housing sale units (3 °' bedroom) ; ,~ • Eight (8) Category 1 affordable housing sale units (1 bedroom); .~, • Eight (8) Category 2 affordable housing sale units (1 bedroom); ~`" • Two ( 2 ) Category 3 affordable housing rental units (1 bedroom) • Five (5) Category 3 affordable housing rental units (2 bedroom) • Ten (10) Caretaker Dwelling units; ~' • Twenty-one thousand six hundred (21,600) square feet of retail space (Net Leaseable Area "NLA"); • Fourteen thousand one hundred twenty five (14,125) NLA ~~, restaurant space; • Twelve thousand (12,000) square feet of accessory skier ~" services (NLA) ; • Four thousand eight hundred (4,800) square feet of condominium rooms and meeting rooms (NLA); • Two thousand two hundred (2,200) square feet of ski area storage (NLA) ; • Four hundred fifty (450) parking spaces for the Aspen ~~~ Highlands Ski Area; and, • No less than two hundred thirty (230) off-street parking ~~ spaces, II IIIII Itl{II 1111~~ ~~~' "~: ` ~~~~'~~ ~~III IIII ~~ 423271 10/iS/1958 s' ~ Y ~'~UhTY CO (hereinafter collectively the "Project") on that certain real property (the "Property") located in Pitkin County, Colorado, more particularly described on the Final Plat of The Aspen Highlands Village P.U.D. (herein "Subdivision Plat") which plat is filed of record in Plat Book~}~ at Page ~ in the real property records of Pitkin County, Colorado. (Since detailed submission, a small modification has been made to the affordable housing unit mix. This change was approved by the BOCC at final plat. The .current plan shows one hundred twelve (112) affordable housing units, housing 267.75 people. This compares to the previous approvals which contained one hundred eleven (111) affordable housing units, ,. housing 267.25 people.) ., g. The County has fully considered and approved the ,, Detailed Submission, as evidenced by Pitkin County Resolution No. ~_~~'Z: "Granting Detailed Submission, Planned Unit Development, Subdivision, and 1041 Environmental Hazard Review Approval, Condominiumization Approval, Transferrable Density Rights Receiver Site Approval, and Special Review Approval for the Aspen Highlands Village PUD Project" (herein the "Resolution" or "Detailed Submission Approval"), recorded in the real property records of and as Pitkin County, Colorado, at Reception No. Z tot recorded evidenced by Pitkin County Ordinance Nos. q ?-3 in the real property records of Pitkin County, Colorado, at Reception Nos. ~ /~-~ C. The County has fully considered the Final Plat of The Aspen Highlands Village P.U.D. as evidenced by Pitkin County Resolution No. 98-_~, granting Final Plat Approval, recorded at Reception No . '~ Z~ 2(0~ "~'' D. Subsequent to obtaining approval of the Detailed Submission and amendments, the name of the project had been referred to as "The Aspen Highlands Base Village P.U.D.". All ~~ references to The Aspen Highlands Base Village P.U.D. or the "Project" shall mean and refer to "Aspen Highlands Village". ~,, E. This Agreement evidences the Owner's agreement to the conditions contained in the Resolutions as required by the °~" subdivision regulations contained in the Pitkin County Land Use :,~, Code . F. In granting said approval, the County has: (i) fully considered the proposed development as described in the Resolutions and the anticipated benefits and burdens to ..,~ neighboring properties; (ii) fully considered the requirements of the Pitkin County Land Use Code (the "Code") in effect for this °'~ Project, and such other laws, rules, and regulations as may be applicable; and, (iii) imposed conditions and requirements as more fully set forth in the Resolutions, which conditions romote, and requirements the County deems necessary to protect, p enhance the public health, safety, and welfare. :~ ~' ~ ~~f~~~ ~~~~~ ~~~~~~ ~~~~~f ~~~~ ~~ ~~~ ~~~ ~~~~~ ~~~~ ~~~~ r 423271 10/15/199$ ~3=~3,~~ ~~~ I~~~ DRVIS SILVI _ _ _ _ _... ~. ~. ,~~, e-rTVtu rnI INTV Cn ~, G. Under the authority of section s-4.5 of the Code, the County is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by the Owner, its successors and assigns. The Owner is willing to enter into this Agreement, and provide such assurances to the County. AGREEMENT NOW, THEREFORE, for good and valuable consideration, it is agreed by and between the Owner and the BOCC as follows: 1. Water System. Owner agrees to install, or guarantees. installation of a central water system connected to the City of Aspen water system to provide water service to Aspen gighlands Village, including water service to the lot line of each lot in ` the Subdivision. Lines shall conform to the requirements and specifications provided to Owner by the City of Aspen. 2. Roads. The Owner agrees to install or guarantees installation of the private or public roads in accordance with 7 plans submitted and approved by the County in the Aspen Highlands r Village P.U.D. Detailed Submission. Roads shall be constructed in conformance with all requirements set forth in the Detailed ~~ Submission Approval. 3. Electric Service. Owner agrees to install or guarantees ~~ installation of electric power lines to provide electric service to Aspen Highlands Village, including electric service to the lot ~" line of each lot within the Subdivision. Power lines, transformers, and installation of the same shall conform to the requirements and specifications provided to Owner by Holy Cross ~~ Electric Association. 4. Telephone Service. Owner agrees to install or -~ guarantees installation of distribution cable and feeder facilities, including pedestals, to provide telephone service to Aspen Highlands Village, including telephone service to~the lot line of each lot within the Subdivision. Telephone line pedestals, and the installation of the same, shall conform to the requirements and specifications of U.S. West Communications. ~' 5. Natural Gas. Owner agrees to install or guarantees installation of natural gas lines to provide gas service to Aspen Highlands Village, including gas service to the lot line of each lot within the Subdivision. Natural gas lines shall conform to ~, the requirements and specifications provided to Owner by KN Energy. 6. Waste Water Disposal. Owner agrees to install or guarantees installation of waste water collection systems and „~, lines to provide sewage disposal service to Aspen Highlands iinuinigipniipinipipiiudniiiininiiiiini _ _ ° _ . Village, including sewage c~iposal service to the lot line of each lot within the Subdivision. Y~aste water collection systems and lines shall conform to the requirements and specifications provided to Owner by the Aspen Consolidated Sanitation District. 7. IInderaroundina of utilities. Owner shall underground all new utilities in the Project with the exception of required .,~ surface mounted transformers, telephone and cable television pedestals, natural gas, pump and pressure reducing stations, fire hydrants, meters, and similar appurtenances requiring above-grade installation. Irrigation, snowmaking, and domestic water pump ~~ stations will be either sheltered or placed underground. 8. RFTA Payments. Owner shall implement the phasing plan ""~ that clearly identifies the ridership threshold on the existing Castle/Maroon Roaring Fork Transit Agency (RFTA) route that will trigger a requirement for the Owner to make a payment to RFTA for ~,.. the purchase and operation of one (1) additional bus on the route. (See Exhibits "A" and "D") 9. Public Trails. Owner agrees to construct or provide security for the construction of the public trails as included in Exhibit "A" (the "Project Public Improvements") attached hereto .and made a part hereof, in conformance with Detailed Submission Approvals. Two public trails are to be constructed, one next to Maroon Creek Road. The cost for this trail is included in Exhibit "A" and Exhibit "E" (the "Maroon Creek Corridor Improvements Estimate"). The second public trail is shown on the plat as part of Thunderbowl Lane. It links the Highlands Village to the Moore PUD along Powderbowl Trail. Exhibit "A" includes the construction of this trail. 10. Traffic and Transit Parkins Plan. The Owner shall ~~ implement a comprehensive traffic/transit/parking monitoring system plan, which shall include measures to ensure increased mitigation actions if monitoring shows that the mitigation plan is not adequate. The Owner shall administer the monitoring plan `' through the conclusion of Phase 4 of the construction, and for three ~{3) years thereafter. Annual reports shall be submitted to the Community Development Department for County and RFTA review. If traffic impacts exceed traffic projections, additional mitigation in the form of transit mitigation may be required. The `~ monitoring system shall address the following issues: (a) If the trips generated by AHV exceed the '"" projections contained in the "Revised Maroon Creek Corridor ~,,, Detailed Transportation Plan", dated February, 1997, so as to require mitigation for those additional impacts, the additional mitigation required by Owner must be approved by the BOCC based _ upon the recommendations of the Pitkin County Community `~" Development Department and any appropriate referral agency (e.g. RFTA and/or Pitkin County Engineering Department). uniii nisi nine iiiin iiii iiii miniiii nisi iiii ini (b) If the trips generated are lower than the. projections contained in the "Revised Maroon -Creek Corridor Detailed Transportation Plan", dated February, 1997, the Owner shall be entitled to suggest a reduction in the traffic mitigation programs then being funded. Such reduction shall be based upon a finding by the BOCC that the reduction is appropriate; provided, however that Owner shall not be entitled to a refund for any portion of its infrastructure donation described in Paragraph 17 below. 11. Construction Phasing Schedule. The Project Public Improvements for which the Owner is obligated as identified in this Agreement shall be substantially constructed or installed in. accordance. with the phasing plan set forth in Exhibit "B" attached hereto and made a part hereof (the "Aspen Highlands Village Phasing Plan"). Variations in the phasing schedule shall be permissible in order to provide on-site flexibility in completion of the Project Public Improvements. 12. Construction Management Plan. The construction management plan will be as set forth in Exhibit "C" attached hereto and made a part hereof (the "Aspen Highlands Village Construction Management Plan"), and provides for the management of construction traffic and fugitive dust control plan, the staging ,,.,~ of construction equipment and materials, and public notification plans for road closures or any other public inconveniences during ~' construction. 13. Dial-A-Ride. Owner agrees to implement a ~° "Revised Aspen Highlands Village Castle Maroon and Dial-a-Ride Service Plan" as set forth in the detailed plan attached hereto as Exhibit "D", the costs of which are set forth in Exhibit "A". 14. Landscaping. Owner agrees to install or provide security to ensure the installation of landscaping as depicted in the Aspen Highlands Village P.U.D. Detailed Submission, and specified in the Project Public Improvements. The Owner shall implement and be responsible for the performance of all _ landscaping associated with Phases 1 through 4, which shall be "" secured by a bond enforceable by the County in an amount equal to ,~ one hundred percent (100%) of the estimated cost of completion. All plant materials used in the landscaping shall be guaranteed ~. for two (2) growing seasons after the initial installation. Owner shall revegetate all disturbed areas with a mixture of indigenous grasses and wildflowers. The use of invasive grasses shall be „~, prohibited. Owner shall also implement a weed control plan, especially in the wildflower meadows, the first level of which ' shall be non-chemical; provided, however, that chemicals may be used if non-chemical weed control fails. 15. As-Built Su.rvaY. The location of various elements of the Project as sho~~n on the PUD Plan, Final Plat or civ~i:i dgawings -5- 1111111 ~~~ ~ ~;'~~~ ~`t -l.l~~1111III Illll IIII IIII „~, 4Z3Z71 20i ~~ R ~:"} t~3 `fix ~ ~~.~;~ IMPR DAVIS SILVI - _ ..~ ., x ;~~ r, n ;~~ rs rh as PTTI[T1t rnIINTY CQ submitted therewith, including but not limited to, utilities, roads and trails, represents the best planning of Owner as to where such improvements can and will be built. Actual conditions relative to construction may require minor deviations or variations as to the location of such improvements. At such time as construction of any or all of the Project elements is complete, Owner may cause the precise location of such improvements to be surveyed. Based on such survey, the County Planning Director may at the request of Owner approve insubstantial amendments to the PUD Plan, Final Plat or the civil drawings to correct deviations in the as-built surveyed location of any such improvements. 16. Financial Assurances. The Owner shall be responsible for the construction of the improvements as set forth in the Project Public Improvements and full compliance of the conditions and covenants of this Agreement and the Detailed Submission Approvals, including site restoration in the event the work undertaken pursuant to the earthmoving permit is not substantially completed. Owner shall secure the financial assurances required in this Paragraph by obtaining a surety bond in a form approved by the County Attorney. The Project Public Improvements shall include those items set forth on Exhibit "A". If a metropolitan district is formed, the assessments shall be based on assessed valuation. Installation of landscaping will not be funded by the special metropolitan district. (a) No Security for any Project Public Improvements shall be required from Owner until issuance of the first building, excavation, demolition or grading permits for any of the Project. Upon the issuance of the first excavation, demolition or grading permits for any of the Project, Owner shall, as to the Project Public Improvements, provide security adequate to assure the substantial completion thereof generally in accordance with the Phasing Schedule. For example, if the cost of completion for the first phase is $500,000.00, then the Security may be obtained in such amount, and so forth, for each phase. (b) As the improvements required by this Agreement are substantially completed, the County Engineer or County Director of Public Works shall inspect the work within thirty (30} days of written request made to the Public Works Department and the Pitkin '~ County Attorney's Office, and on reasonable acceptance of the ~. improvements by the County Engineer or County Director of Public Works, the Pitkin County Attorney shall authorize the immediate '~" release of the security. By "substantially completed" the parties mean construction that is essentially complete other than "punch ~. list" type work for which the County may require continuing security. ~'" (c) Partial Releases of the security may be requested by Owner utilizing the same procedure set forth above and subject -6- ~lll! ~lIII 1111111111111111 IIII 1111111-III If1-11l~~ °' `~°~r:r% 10/1S/199B 83:53P SUB INPR diiVIS SIL'~I ~' ~ ,,.,. w w w.a w n wfa u A fin o7TV 7V Pf1. ilS'i"~; /FR to establishing satisfactory partial completion of the improvements, such partial releases shall be granted. (d) Failure to respond within forty-five (45) days of any request for partial or final release shall constitute acceptance of the improvements by the Pitkin County Engineer or Pitkin County Director of Public Works and release or partial ~~ release of the security shall be granted. (e) Owner may cause a Special Metropolitan District to ,,,,;, be formed for purposes of financing and maintenance of all or part of the construction of the Project Public Improvements. If such ~~ district is formed, then at the time the district obtains funding from the sale of bonds or other sources sufficient for the °~~ construction of the Project Public Improvements., Owner shall be entitled t~ a release from the County of an equivalent amount of ~. Security .provided the County Attorney is satisfied with the .x. County's ability to have the Project Public Improvements completed in the event of Owner's default. If the County Attorney is not satisfied as required herein, the original Security posted by the ry~~ Owner for the completion of the work will not be released until there is compliance with Paragraph 30 of this Agreement. The • County agrees that it will not oppose the formation of a special improvement district for the purposes set forth herein. 17. Maroon Creek Road/HiQhway 82 Intersection. Upon recordation of the Final Plat, the Owner shall escrow Six Hundred Fifty Thousand Dollars ($650,000.00) which must be used for infrastructure improvements along the Maroon Creek/Castle ~" Creek/Highway 82 intersection and Maroon Creek Road. The cost projections for these improvements are set forth on Exhibit "E". Owner will make the improvements described on Exhibit "E", and the County may use the remaining funds for other improvements within the Maroon Creek corridor, inclusive of the Maroon Creek/Castle ~~ Creek/State Highway 82 intersection. The Owner shall not be ,,,, responsible for any additional cost of these proposed improvements above the Six Hundred Fifty Thousand Dollars ($650,00.00) provided ~' herein. In addition, the Owner shall contribute Three Hundred Fifty Thousand Dollars ($350,000.00) for long-range improvements "~ to the Castle/Maroon intersection as part of the Entrance to Aspen ~, FE I S . 18. Improvement Maintenance Agreement. In accordance with Section 6-4.5(b) of the Code, Owner shall, prior to the conveyance, sale or transfer of any single family lots within the Project (excepting transfers by Owner or its assigns of undeveloped lots or the granting of liens to lenders), provide for maintenance by .the Aspen Highlands Village P.U.D. homeowners' ,~ association or other Special Metropolitan District in perpetuity of all Project common improvements not accepted for dedication by '~" the County or the utility providers. :~. -7- -1 Itllll Itlli Ililli ilia ~~~ ~!~ Eli 11111111 IIII IIII ~- 423271 10/16/i~ 0...~,~~ Std I~R DRV2S SIL _ .. ._ .. .~ .. ..-...-.• ww. ~-.TV AA ~. 19. Certificates of Occupancy. Once a bond has been posted with the County to cover the cost of the Affordable Housing Units in Blocks B, F, and G, and Affordable Housing Units in Block D, Building 3, all Free-Market Units in the Single Family and Townhomes shall be entitled to Certificates of Occupancy, subject to satisfaction of all other requirements necessary to obtain a Certificate of Occupancy. In the event Certificates of Occupancy have not been issued for the Affordable Housing Units in Blocks B, F, and G, and Block D, Building 3, by December 1, 2001, the County may pursue the remedies provided for in Paragraph 25 hereof. Buildings 2, 4, 5, and 8, Block D, contain mixed land uses, including Affordable Housing Units. Certificates of Occupancy shall not be issued for free market spaces in these buildings until Certificates of Occupancy have been issued for the Affordable.Housing Units in the- corresponding building. Nothing in this Paragraph shall prevent Owner from obtaining demolition, grading, excavation, foundation, building permits, or any other permits for the Project. 20. Execution of Final Plat. The Owner's obligations to ;,,~, construct the improvements hereunder are expressly contingent on the Owners' recordation of the Final Plat in the real property ~- records of Pitkin County, Colorado, and on the BOCC's approval of the Final Plat. 21. Vested Rights. The BOCC has considered the needs of both the County and Owner, and has determined pursuant tv C.R.S. §24-68-101 et.seci. that the Phasing Schedule shall, for the time periods set forth therein, or any amendments thereto approved by the County or Planning Director, constitute an extension of the vested property rights appurtenant to the Property for five (5) years. Upon completion of Phase 1, as defined in Exhibit "B", the Developmen pprovals sha a eeme vested in perpetui y. ~'M 22. Covenants Running With Land. All covenants, restrictions, conditions and obligations contained herein or on the Final Plat are and shall be covenants running with the land ~' and .shall attach and bind and inure to the benefit of the Owner and the BOCC, and their respective grantees, successors and assigns. ' 23. Bulk Sale. In the event Owner does not develop the Subdivision, Owner may sell all or a portion of the Subdivision in ;~ bulk to a third party who shall develop the Subdivision, or portions thereof, including the construction of the improvements contemplated hereunder, in accordance with and subject to the provisions of this Agreement. Upon such a bulk sale to a third party, Owner shall be automatically released of all liability and ~~ obligations under the terms of this Agreement, provided such subsequent owner will be bound by the provisions of this '~` Agreement . _R_ '~ i ~~~~~E ~~'a~ ~ ~`~ ~3~~~ ~6~I I'~I I~~I") III "~'I ~'II (" ~„ ~2~!~`'°~ e~, ~1'~~~~ ~3:S3P SUB: IMPR DAVIS SILVI _.. w w .aw -cR w R'A -\t A AA. 4fTTVT~t f.f1t 1-tTV /.A 24. Assiaruitent of Interest and Obligations. Owner may "' assign its interest in the Property to a third party, who shall develop the Property or portions thereof, including the ,~an construction of the Project Public Improvements contemplated ~~~ hereunder, in accordance with and subject to the provisions of this Agreement. Owner may also assign certain of its obligations '~" hereunder to any one or more special districts or homeowners „~„ ,associations to be formed for purposes of performing such obligations. ~~~ 25. Remedies of County. In the event Owner shall fail to construct, the Project Public Improvements for which it is ,~ responsible under this Agreement in accordance with plans and/or specifications appearing in the drawings approved by the County, ~"' and within the schedule set for the completion of said Project Public Improvements, the County shall provide Owner with a notice ~' of non-compliance ("Notice of Non-Compliance") together with the ,,~ right for a period of ninety (90) days after the receipt by Owner of such notice for Owner to cure such non-compliance or schedule a ~~ hearing with the BOCC. Provided, however, the Owner may reasonably modify the schedule for construction of any Project 4,~ Public Improvements by providing written notice to the County. ,~, The Notice of Non-Compliance shall include a list of specific deficiencies to be corrected in order to cure the non-compliance. If Owner, by written notice to the County given prior to the expiration of the time to cure set forth in the Notice of Non- Compliance, disputes whether or not a default exists, then as soon ~» as practical within said ninety (90) day period, the BOCC shall conduct a hearing. (the "Non-Compliance Hearing") to determine whether or not a default exists. At such hearing, Owner may present any evidence relevant to the alleged default. Should the BOCC determine at the hearing that a default exists, then Owner ,,~ shall have ninety (90) days from the date of the hearing within which to correct the deficiencies, weather permitting. If at the expiration of said ninety (90) day time period, Owner is proceeding with due diligence to correct the deficiencies, weather """ permitting, then said time period shall be extended for so long as Owner shall continue to proceed with due diligence to correct such deficiencies. (a) If Owner shall fail or refuse to cure the deficiencies identified in the Notice of Non-Compliance within the time provided or in the event a Non-Compliance Hearing shall occur where the BOCC determines a default exists and ninety (90) days `" from the date of the hearing or any extension thereof shall pass „~ without the deficiencies being cured, then at any time thereafter the County shall have the right to draw on said Security to correct the deficiencies. (b) No default hereunder by Owner shall result in any revocation or termination of the Project approvals as described in the Resolutions. Once the financial assurances required by this Agreement have been released, the County specifically waives any -9- 1111111 11111111111111~~~ 1~~ ~~~ ~1111l1 llC fllll IIII IIII 423271 10/ls/1~~ 03~~3~ ~t%~ P~PR DAVIS SILVI n -t 9O1 ~ of ~n w w...~.w. n: s ~,~ .... ~.____ _______ right it may have to object to the Project Public Improvements or to require the Owner to perform additional work, notwithstanding guarantees and warranties. (c) In the event the County draws on the security. to "'~"~ correct deficiencies, it shall make a good faith effort to correct the deficiencies and complete the Project in accordance with -~~ approved plans and specifications; provided, however, the County ~~ will not be liable to the Declarant, its successors and assigns, including individual lot owners, for the County's failure to "~' correct the deficiencies or properly complete the Project. The ~„ County shall be obligated to make a good faith effort to complete the project, provided that the County may decide to only secure ~,„, public health, safety, and welfare. In such event, the County may only draw on the bond in an amount necessary to complete said work ~' in as economical and efficient a manner as possible. (d) Nothing contained in this Agreement shall limit• ~~ other remedies available to Pitkin County under Colorado law. 26. Entire Agreement. This Agreement constitutes the ~~ full and complete agreement of the Owner and the BOCC, and may not }~°a be modified except by a written agreement duly executed by all parties. 27. Notices. Notices as desired or required hereunder shall •# be in writing and deemed effective from and after the expiration ' of three (3) days after it is deposited in the United States Mail, •~y, postage prepaid, certified, return receipt requested, or by courier (overnight service) to the addresses set forth herein. Notices may be hand delivered, and shall be deemed effective on delivery. If to Pitkin County_ Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, CO 81611 If to Owner: c/o Bob Daniel Hines Highlands Limited Partnership 426 E. Main St. Aspen, CO 81611 ,~ With a Copy to: With a CoUV to: John M. Ely Gideon Kaufman, Esq. Pitkin County Attorney Kaufman & Peterson 530 East Main Street 315 E. Hyman. #3.05 Aspen, CO 81611 Aspen, CO 81611 The parties to this Agreement shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States by at least ten (10) days written notice to the other party as provided in this paragraph. '""° 28. Captions. Titles or captions of paragraphs contained in ,» this Agreement are inserted ora.ly as a matter of convenience a~~~? -10- ,~ ~;~M I ~~'ji~ ~~IIIIIIIIIIIIII I I"Ifl'~III ~~I1 ;t# i 25ti *°" e~»-~t tail~i1R90 Qt.~:~` `' >?D 6V'tF=R DRVI$ SILVI for reference, and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any portions hereof. "~ 29. Conflict. This Agreement is intended to amplify and carry out ,certain of the provisions of the Resolutions. In the event of any conflict between the provisions of this Agreement and ~'" the Resolutions, the provisions of this Agreement shall, to the ,~, fullest extent permitted by law, govern and control. 30. Force Maleure/Delay Days Extension. In the event that Owner shall be delayed or hindered from performing under this Agreement (other than payment of any sums due or providing any ,,,, Security) by reason of natural disaster, weather or seasonal conditions, labor troubles, inability to procure materials, ' failure of power or other utilities, war, or other reasons beyond its control, then the period for the performance hereunder shall `~" - be extended for a period equivalent to the period of such delay or hindrance (the "Delay Days"). Within thirty (30) days following the end of each calendar year, or sooner, Owner shall notify, the ""~ County in writing of any Delay Days claimed for the calendar year „~ or other period. v,. 31. Releases. From time to time, Owner shall have the right to obtain from the County, in recordable form, partial releases °"`~ from its obligations under this Agreement where such obligations ,,,,~ have been fully performed or are no longer applicable. When all the obligations of Owner hereunder have been performed or are no longer applicable, the parties shall, at the request of Owner and in recordable form, enter into a full release (and termination} of `""'~ this entire Agreement . 32. Further Assurances. Each of the parties agree to execute, acknowledge, and deliver such further instruments, documents, or certificates, and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transactions contemplated hereby. 33. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having~or being deemed to have requested, drafted, required, or structured such provision. 34. Prevailing Party. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this '"' Agreement, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issues, was the prevailing party in the action. ` -11-. 432,271 10/iS/1998 03:s3P It~EPR QR~'15 S~LV'I 35. Clerical Errors. In the event any clerical, administrative or other errors are found in this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver, as necessary, any documentation in order to correct the erroneous document, ~~ description, exhibit, or to provide any missing exhibit. "''°" 36. Estoppel Certificate. From time to time, Owner shall ~~ have the right to obtain from the County, an estoppel certificate whereby the County (by the County Attorney) shall certify to ~~ Owner or another party designated by Owner such as a construction lender, that at the time of the issuance of such certificate, and except as otherwise noted thereon: (i) no Notice of Non- a, Compliance has been given to the County; (ii) this Agreement is in full force and effect; and, (iii) the County has no knowledge ~" of any default under this Agreement on the part of Owner, nor does the County have knowledge of the existence of any ,,. circumstances which with the passage of time would give rise to such default. In addition, the certificate shall provide such. other information as Owner, or any other party requesting the "'~ same, shall reasonably require relative to this Agreement. The issuance of such certificate shall not be unreasonably withheld or delayed by the County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF PIT COUNTY, COLORADO gyp orothea Farris, airperson ~e ATTEST : ~ _ i, ~c~ B e e-a ~ynr.~ee . ~~-~ OWNER: APPROVED AS TO FORM: By ~ - John M. Ely, ttorney `"~ HINES HIGHLANDS LIMITED ~w PARTNERSHIP, a Delaware ~. limited partnership, by ASPEN HIGHLANDS SKIING CORPORATION, a Delaware corporation, its Ge 1 Pa ner ByC~a ~h ~ ~'~- ~ "I III C~~ ~. ~ I ~~IIII I~IIi 111111 INIII IIII IIII 1111111 III III V,u ~~s,~~- ~~~~'71 10/ls/1998 03:S3P SUB IMPR DAVIS SILI~~' - ~ _,-x. ~~~ 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY ~` STATE OF COLORADO ) ss . COUNTY OF PITKIN ) The f1o,r~e-~.oing instrument was acknowledged before me this t~ day of ~~C 1998, by Dorothea Farris, as Chairperson of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLOR-ADO. .~~'~ ~'`~Wi~~ ~•., my hand and offic' al seal . o . ~ ~q,i~sion expires 3 ' ~ ' • N • ~ t ~ K7l' -`~' ~;• ~' 71 ~ ~= aY' Notary Public ~~. ~~3A ,. STATE OF ~ ) - ss. COUNTY OF ~~~' ~ ) The foregoing instrument was acknowlsed~e ~ eaSr~~`c e Pr~s~~-}~ day o f OC ~Dlo~ ~ 19 9 8 , by S \ati~ ~~ T of ASPEN HIGHLANDS SKIING CORPORATION, a Delaware corporation, as a General Partner of NINES HIGHLANDS LIMITED PARTNERSHIP, a Delaware limited partnership. Witness My cow and official seal. Aires: ~~~• ~ MY COMM18810N EXPIRHB: December 4,1999 !) Notary P lic f I I I"III "~II "I~') IIIIiI IIII I'II I"I"I III "III' I't I") 423271 10/is/1998 03:63P SUB IMPR DAVIS SILVI 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~.r C:\clients\HINES\subdivision imp agr-clean -13- ~r LIST OF E%HIBITS ~r Exhibit A - Project Public Improvements ;~ „~, Exhibit B - Aspen .Highlands Village Phasing Plan '"'~ Exhibit C - Aspen Highlands Village Construction Management Plan ~"" Exhibit D - Revised Aspen Highlands Village Castle Maroon and Dial-a-Ride Service Plan Exhibit E - Maroon Creek Corridor Improvements Estimate rr I "III'II"I IIII" II'I I'I! I"I~'I III "I~I' III III i IIIIII 423271 10/16/1998 03:S3P SUB IMPR DAVIS SILVI ~'"' 14 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO -14- W[u+ ~~ Q D . Py w"3 w -jnb~(` 'aqs C maw n ~~~~~~~ : ~~~~ ~ ~~~~ e ~o~~o~n~~~~~~ ~~ ~ ~ ~ g : ~ ~ ~ m 3~~s~^~ ~ ~gs~ G ryRos x ~~oa~e~sa°~e~ ~~ ~ ~ ° ° "a a ~ 3~ ~ . .° o ~ d Y r M N N N M M N M M N N M M N M N M M N M M M M N M M N N N M M M M N N N N N N M N N M . . . . . . • • . . . . • . • . . . • . . • • • • . . ° n ~ . °o ° ^ N a C g ~ p n ~ + E ~ • n € t ~ o ....... .... .... ............. ~~ ~ ~ ° ~ = w ~ "a N 1 N S$ r ~ • ee ^ N ~ ~'1 N A M ~ O f'1 t n p n V1 O O O O N tV 0 O 1`t N 0 t O Y/ O O O O O~ f'1 O O O O O ' Yf ~ t°V =nss~^^y n's~ ~ Res ~~oa~a~~„°~g: ~ ~ . ~ ~x A ° A O n O ~ N ~~ S A O° O P p 6. A ~ A O~~ O'' ' ' S ~ 9 ~ gccc I I I I v 0 v~eiso~:n r L n O 52RQQ 'Qn'~S 7 i 52 5~~: QQ 8$$88 Q QQ ~, 8,Rn2 5 0 QQ QQ ggQQQQQQQQQQ ~o~p2So 2Sg712S257525 2Si QQQ X~~ QQQ ~S~ so x 7f ~ p p = YNf Op! O N N S N lpV B O N N p p 1 N 11 O O~ O N O O^ O ~~~° N S f /NI Y1 ~~ f ~° p P O O t D n U o L ~i ri a ~i ~t r a j S N M N N N N M M M N M M M N M N N M N M M M M N N N M N M N N M N N N N N M N N N t p S 8 8 8 n~ g 0 0 0' ~ ~ p f 7S 8$~ ~ : r N^ O p 0 0 0'= .f- ~° 8 8' 8 N N n ' ~ n N Br - _ ti "' .n ~~• o p x~ j~ n 0 0 0 0 A m o~ i n O ' = W~ rI n O i n E O o ~~ € ° c ~ac ~ ~ ~ ~ ~ ~ P _. ~~ ~ s ~ ~ ~ • ,~ E SSS n 6 ~ b € ' € .e ~ ~°" ~ g < ~ ~ t ~ 3 N b ~ p M O F- r Z _ 111111111~rt111~~ ~I~~~~ ~I1I 1111.1.111111111111111111:-1111 4232Y1 ~ - - r ~~ ~ :~:: ~P SUB I11PR DAVIS SILVI is ©~ ~~ ~ ~,~ ~ ~~~:'''~ 0.00 PITKIN COUNTY CO ~~ ~~ ~ ~~ • t s W Summary en Hi ands Yilla e P azed Jan 1YY2S I,andsca Cost Estimate Site Descri lion Cost D Skier Pazlcin and Villa a Entrance S 266,023.57 Villa a Core Area S 289,266.85 Thunderbowl Nei hborhood S 159,989.39 Maroon Nci hborhood S 80,074.57 Affordable Housin S 145,194.17 Sla Run Rove elation S 17,115.00 Weed Mann ament S 64 800.00 S 1,022,463.55 ~w~r Ilt11111!!Ill~tlllllll11111illllllllllllltllllllllflll ~„ 423271 10l1S/1998 03:S3P SUB IMPR DRVIS SILYI i6 of 30 R 2,00 D 0.00 N 0.00 PITKIN COUNTY CO '" Page 1 - -Entrance and Day Skier Parking Aspen Highlands Village Prepared January 1998 Landscape Cost Estimate Entrancc and Day Skier Parking Area Quantity 20 Siu OSR Description Colo/Eng Spruce Unit S 312.23 Total S 6,244.60 20 12R Colo/Eng Spruce $ 569.54 $ 11,390.80 18 16ft ColoBng S race $ 1,138.15 $ 20,486.70 31 2"cal. Aspen NG $ 199.96 $ 6,198.76 31 3"cal. Aspen NG S 287.65 $ 8,917.15 22 3" cat. Street Trees $ 312.23 $ 6,869.06 171 5 Gal. Deciduous Shrub $ 28.48 $ 4,870.08 2,500 I Gal. Perennials S 8.77 $ 21,925.00 200 Flat Perennials S 58.20 S 11,640.00 2,725 SF Bluegrass Sod $ 0.65 $ 1,771.25 110,500 SF Low Native Seed $ 0.13 $ 14,365.00 560 SFF Walls Drystack $ 24.09 $ 13,490.40 1,300 CY Topsoil $ 41.58 S 54,054.00 123,125 SF Fine Grade $ 0.06 $ 7,387.50 120 LF Steel Edger 4In $ 1.67 $ 200.40 90 CY Mulch $ 31.71 $ 2,853.90 185 CY Planter Mix $ 41.58 $ 7,692.30 1 BLS (Irrigation a o~,ooo.oi a v~,wv.v, ($ 266,023.57 Based on drawings by Robert A. Stern Architects Sheets L201 and L201.3 Dated 1-20-98 I If~lll ~llll "I"~ (III" III IIII II~II~I III "I'II'll I"~ 423271 10/15/1998 03:531° 5:~8 Ii~F~R DAVIS SILVI 17 of 30 R 0.00 D 0.00 N 0. ~'~ P1Tl<IN COUNTY CO ~~ Vliage Core Area Aspen Highlands Village Prepared January 1998 Landscape Cost Est imate Village Core Quantity Siu Description Unit Total 10 IOFI' Spruce S 449.08 S 4,490.80 S 14FT Spruce S 788.31 $ 3,941.55 S 16FT Spruce S 1,138.15 $ 5,690.75 2 Spruce S 1,651.85 $ 3,303.70 1 Spruce S 3,520.62 S 3,520.62 3 2" cal. Aspen NG S 199.96 S 599.88 57 3" cal. Aspen NG S 287.65 S 16,396.05 8 3"• cal. Street Trees S 312.23 S 2,497.84 132 5 Gal. Deciduous Shrubs S 28.48 S 3,759.36 2,700 I Gal. Perennials S 8.77 S 23,679.00 12,000 SF Bluegrass Sod $ 0.65 $ 7,800.00 21,000 SF Low Grass Seed S 0.16 S 3,360.00 220 TON River Boulder S 63.12 S 13,886.40 1,585 SFF Planter Wall Con S 44.33 S 70,263.05 2,520 SFF Planter Wall Dry S 27.37 S 68,972.40 607 CY Topsoil S 41.58 S 25,239.06 6,500 ~ SF Fine Grade S 0.06 S 390.00 600 ~ LF Steel Edger 4 In. $ 1.67 $ 1,002.00 SO CY Mulch S 31.71 $ 1,585.50 1 I LS Irrigation S 28,888.89 S 28,888.89 ~ $ 289,266.85 Based on Robert A. Stern Architects L201 and L201.3 dated 1-20-98 +s •__••• ~~••• _~.~_~ m~~~ n~~ ~~n ~~~1~~1 111 ^^11^I ^il 1^^1 423271 10/13/1998 03:S3P SUB INPR DAVIS SILVI 18 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ,ter ~, -Page 1 Thunderbowt Neighborhood r ` I ( ` .~" I I'~III ~~III "I"I IIII" II'I 423271 10/13/1998 03:53P SUB IMPR DRVIS SILYI ~ 19 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY f:D ;~ .~ Page . Maroon Neighborhood I I"III "III'~~'~I IIII" II'I I'II I"I"I III ~'I'III'I I ~ 423271 10/13/1998 03:S3P SUB IMPR DRVIS SILYI 20 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~r Affordable Housing Aspen Highlands Village Landscape Cost Estimate Affordable Housing - Quantity Size 23 NA January 1998 lion Unit Total Unit Allowance ~ 6,312.79 S 145,194.17 Based on Robert A. Stern Architects plan reduction L401.3 I'II I"I'~I III'~II'II'I I"I I'~III "I~I "I"I III" II'I SUB IMPR DRVIS SILVI 423271 10/15!1998 03.53P 21 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 Ski Run Reveg. and Weed Control Aspen Highlands Villag Landscape Cost Estimate Sla Run Vc elation Quanti Size 4.89 Acre 54 Acrc Match exist Grasses Not includin im rt to soil Weed mans ement ro am durin constmction Thistle and weed control or other means 54 Acres for three years, twice per year 1998 Unit Total S 3,500.00 $ 17,115.00 ~ 200.00 S 64,800.00 I"III "III "I"I IIII" II'I I'II I"I"I I{I'~I"II II I"I 423271 10/iS/1998 03:S3P SUB IMPR DAVIS SILVI 22 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 1 n .; ~ .~, ,~ •~ ~. $ a P R ~O m z ,_ a .-. a; ~ E tt 1;5~1 sod ~~ I'i 6 i~i~! ~~ •`- ~ ~ ,-M .W - ink i, O ~~' ti"~, ~~\ •Y ~. ~'~~ ~ :fit ~ ~'~ `, .' ~ ~~ .;.,. a. ~ Sr ~ ~>'• •'4 7 .l J / ~ 'S't Ia{ •, ~,a \ / 1•~ •~.. .vl' \ ~. ~'1 • 1 :. ,_ ~~ , •~ - ~ ~ ~ .. e> '., ~ • ~s- t ~` ~ : , . •, ^~, ~. .,, ~•; • !.~ ~;~ ;~ I ~~ ~~ •i i•' ,'~ ~~~{, ~ ~ '~ti r f' ~'j ~ ` , • •. , rrr...ttt ~~ L }L J • Y..i } ~ I J j~` y~ , A ' ( ' '4T:i 4 . r ; Z r~'1 a . . .) ` R N a i ~:; <~ a .~• • . ~sr-~ , p ~ ~~~~ . ~ ~ ~ r' '~ , ` , .: ;~ ~~ ~ ~ I ~, J J ~ ~ J ~ `~~'" J ~ t,it, yl ~3, ~ v ~.L~ ~ L Q F- n: lv Cn a' 0~ l~LIf10~ NIILLI~ Y7"0 M YO'Y 0 08'0 Y OC :r """~ IAlIS SIAtlO IIdrI Of1S m~CB f64T/GT/~T f•.~E': ~'i ~ x 1-,. ~.: ~s Aspen Highlands Village Final Construction Management Plan Revised October 5, 1998 Overview This Construction Management Plan has been revised to reflect the comments and feedback 44 received from the County Engineer, Bud Eylar, at the annual pre-construction meeting held on Apri123, 1998. As agreed to at the meeting, this plan is intended to serve as: • A vehicle of cooperative understandings between the Developer and the County, to ' be modified and amended (with mutual agreement from both parties) as required • A source of ongoiong communication with the County's Public Works,/Road & Bridge Department in an effort to keep the County informed of construction M ~ activities, work progress, and to keep an open dialogue regarding construction issues that effect the community • An amended and approved plan for the 1998 construction schedule. The County and the Developer reserve the right to make reasonable changes (with mutual "_ agreement form both parties) to the plan as needed. In preparing the procedures and measures to be incorporated in the construction process for the Aspen Highlands Base Village, it is important to understand both the goals of such programs and the practical realities of the construction process. Our intent is to minimize impacts associated with the construction of the Aspen Highlands Base Village improvements while allowing work to proceed in such a manner as to avoid prolonging the construction period. Travel Demand Measures (TDM) are most often thought of when discussing the progress of an existing development or how to deal with potential impacts from a future development. The concept of utilizing TDM as a part of the construction and development process is a unique idea. ~" Typically, TDM will principally deal with mass transit incentives and auto disincentives. ~, However, other ideas have been investigated relative to TDM and the construction process. Outlined below are several measures the project proposes to implement as a part of the """ construction process. Travel Demand and Traffic Control Measures ' The following Traffic Control Plan has been presented and approved by the County Engineer. It w~. will be self-performed by Gould Construction with their certified staff. During the construction.ofthe Aspen Highlands Base Village the following TDM and Traffic ~' Control program will be in effect: ~~ Delivery of construction raw materials will be prohibited during the peak traffic periods. This will limit such delivery access to Aspen Highlands Base Village from 8:OOam to 8:30am and from 2:SOpm to 3:30pm. The exception to this will be scheduled concrete pours that are time-sensitive due to the quantity of concrete being placed or poured at one time. • A public notification process through the local papers will be established. Pitkin County has ,~ authorized a courtesy sign at the Maroon Creek/Hwy 82 intersection. • Speed limits for tandem axle and larger vehicles will be posted at 20 mph at all times. ~+ General Contractor acknowledges that County Road 19, McClain Flats Road, is posted for a ,~ 20-Ton Weigh± I:ir~!it. ?'he General Contractor shall notify all contractors(~rib-c~ont;actors ~C ~ ~ ~1~11I IIII" II'I I~I~:IItl~ll III ~II'-II d~ g~~ ~"" ~~ ~4' 'a ~ I~If'~9/1998 03:B3P SUB' IMPR DR1~IS SYi<~~ ~.~~.i ~~ ~~ ~0 R 0.00 D 0.00 N 0:00 PITKIN ~DLI'1T'Y ~=~.~ ar involved in this project with this information. The County shall strictly enforce the Weight Limits on this road. • Sub-Contractors will be issued a limited number of parking permits for their workers. • General contractors will be required to provide a parking plan with their individual construction contracts. The General Contractor will contact local bike shops with notification relative to Maroon Creek Road. The General Contractor will have to enforce public safety issues relative to truck taffic and interface with pedestrians & cyclists. ' Contractors will be required to provide van-pooling or car pooling programs as a part of their construction contract. Reduction in payment provisions shall be incorporated into the contracts as a means of ensuring compliance. • To the greatest extent possible raw materials will be stockpiled on site to try to consolidate deliveries of materials in larger quantities (for example gravel). • A site traffic/delivery coordinator shall be designated and responsible for monitoring delivery and contractor compliance with the TDM program. • The covenants and design guidelines for the individual neighborhoods will have provisions regarding contractor parking on the streets. • There will be no parking allowed on Maroon Creek Road or in the adjoining neighborhoods. • The Developer and the County may make reasonable changes in the hours restricting hauling r activities, based upon changes in traffic loading on Maroon Creek Road and on seasonal activities in the area. The County reserves the right to stop all hauling or constrction activities on Maroon Creek Road for special events or activities (scheduled bike and/or road races, etc.). The County will give the Developer reasonable notice of the imposition of restrictions. • The Developer acknowledges that hauling activities to and from the jobsite are restricted to the 12 hour period between 7:00 am and 7:00 pm, Monday through Saturday. • The Contractor will make reasonable efforts to stage trucking activities on site to minimize ,, empty loads to/from the jobsite. • Prior to each construction season there will be a meeting with RFTA, the Pitkin County Sheriff s Office, the School Superintendent, the Pitkin County Director of Public Works and ,Mt the Developer to review the construction season work program and address any concerns raised during the previous conswction season. In addition to the above measures, Aspen Highlands Basc Village will plan and implement the following programs: Fugitive Dust Control Plan • Dust control wi1I be implemented from start to finish of each construction season until the project is complete. Contractors will be required to assume all responsibility for dust control and shall carry out ,.~ proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. Contractors will also be required to control dust at the work site by the use of an adequate number of water trucks or an effective pa}liative using such dust-laying equipment and methods as may be required. To the greatest extent possible raw material deliveries to and from the site will be water .~ sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from construction operations. '' ;IIIIIIIIIItIIIIIIII 1111111(IIII 111111111111 IIII. ir~~ b~ ~ . .423271 10/1'3/1998 03e'~3P `'~~9 ~ttPR'.-t:~tVl~ SILVI "" 2S of 30 R 0.00 D 0:00 t+ O F=~ R1TK~'`I C4~i~NTY CO Public Notification Plan • If it becomes necessary to reroute traffic on existing roadways due to construction related activity, the responsible contractor will be required to notify the general public of the detour(s) at leasttwenty-four (24) hours in advance of the scheduled occurrence. , • All contractors will be required to notify public and/or private utility companies at least forty- eight (48) hours prior to commencement of any work in the vicinity of the utilities. No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, contractors will be required to notify the appropriate County authorities and the affected utility users at least twenty-four (24) hours prior to interruption. y Notice will consist of the contractor's posting of prominent and easily read signs, distribution of handbill notices, publication in a local newspaper or a public announcement on local radio, or any combination of these as may be appropriate. Noise Control for Construction E4uinment ` • The contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. • All construction equipment operations shall be scheduled to operate only during daylight hours, i.e., 7:00 a.m. to 7:00 p.m., Monday through Saturday. ,~ .~, •• 423271 10/is/1~98 ~_'3.~33?' S~`~ IMPR DpVIS SILVI 26 of 30 R 0.00 ~' ~,'~~~! ?~ 0.00 PITKIN COUNtY CO ~r ~, Exhibit D Revised Aspen Highlands Village Castle Maroon and Dial-a-Ride Service Plan Castle/Maroon RFTA Route The service plan for the Castle/Maroon RFTA Route service upgrades remains the same as outlined in the Aspen Highland Village Detailed Submission: Consolidated Plan with one exception. The proposed upgrades to the Castle/Maroon RFTA route will be implemented upon occupancy of the dwelling units planned for Phase Three, rather than the reduction of skier parking to 450 vehicles. This is anticipated to coincide with occupancy of the Thunderbowl and Maroon Neighborhood affordable dwelling units and the dwelling units in Buildings Four and Five in approximately 2000. Approximately one year prior to the occupancy of Phase Three the developer will contact RFTA to order a new bus for the Castle/ Maroon route. The Aspen Highlands Village Subdivision Improvement Agreement will establish formal procedures and financial assurance for the upgrade to the Castle/Maroon route. Dial-A-Ride Plan --~ The Moore PUD and Aspen Highlands Village will join together to operate a dial-a-ride service to reduce the need for residents and guests to utilize automobiles. The operation will offer a door-to- door delivery system and will service trips to areas near Aspen. Transportation service will be provided to the City of Aspen core area and to the airport. The following sections propose a preliminary operations and service plan, and describes the vehicles '~ to be used. Some operations details will be finalized when the . service has been established. operations Plan ~' The system will be operated in a flexible .manner to maximize convenience for riders. Service levels will be tailored to demand to provide convenient service. This section describes the initial service plan which may be modified in the future to meet actual demands of residents and guests as the properties are built out. ~" Service will be initiated with two vans when the developments start . to be occupied in approximately the year 2000. The fleet of vehicles and service may be expanded as the developments grow. Service will be provided to the two areas illustrated by Figure 1. _'~ Vans will operated`on a fixed schedule with pick-ups in the center ~, of Aspen every one-half hour during the winter and summer high seasons. On the other end of the route at AHV and the Moore PUD ~' the vans will drop off and pick up passengers at their. origin or destination. During the off-peak seasons services will be reduced to match demand. { I ~'"' (I~IIII "Ill "I~'I IIIII~ II'I ItII Il~IE~ ~~t ~ ~ ~ ,~ ~ ~I Iii ~, ~2'~231 10/is/1998 03:S3P SUB.. Lof~ ->- < ~ ..-.~~ I _ ~' ..:`~ ~f 30 R 0.00. D 0.00 N 0 . ~~ ~ . ~ ~ `R ~ ~t`.€~~t i"'~ ? : a~i During the peak season(s) , Route # 1 will serve the Aspen Core. Dial-a-ride vans will provide service on a fixed one-half hour schedule generally following the route depicted on Figure 2. Three check points will be established in Aspen, potentially at Mill Street/Hyman Avenue, Cooper Avenue/Spring Street and at Rubey Park. The vans will pass these checkpoints on each circuit route so patrons are not required to call for service. Two vans will provide one-half hour headways at the checkpoints. The second destination, Route ,~ 2 is the Aspen-Pitkin County Airport.- This will be on demand service, similar to services provided by other resorts in the Aspen area. At the time guests make reservations to stay at AHV, they will be advised that car rental is not necesures toc the airports will be scheduled aheadcof available.. Depart time. sarvioe Plan Prior to initiation of service, AHV shall present a detailed N service plan to the RFTA for review. The plan shall include: ` 1. Estimate of demand; 2. Description of specific services including the number of vehicles, spares, hours of operations and headways; 3. An organizational chart indicating manager and personnel to provide services; and 4. Service marketing plan. AHV intends to offer dial-a-ride service seven days a week during ,:~ the winter and summer peak seasons. The Aspen core route will be offered from 7 AM to midnight. Rider surveys will be utilized to determine night service should run later in the evening. Service to the airport will be provided when the airport is ~„ operating. The service will be available to all guests and residents in AH~1 and the Moore PUD. At the end of each of the first three years of operation AHV shall '`` submit an annual report to RFTA at the end of the winter season. The report shall include: 1. Statistics regarding ridership for the previous year; 2. Instances involving standees and missed trips, or trips requested but not provided; and "~ 3, Statistics regarding accidents and ,.roadside calls. '~ 'v~sed upon the review of the annua`E. ,. e~ ~or•~ ~ changes in the levels ~~i_vi~:e may be made. I Iillll IIIII ~~~,~t ~~ IEi 111 1111111III 1111111IL 111 4232'2 "~;• - ~~<a °~~r' SUB IPIPR DRVIS SILVI 28 of ~'' ~ ~' ~ iy ~` ~ • ~' N ~- • ~0 PITKIN COUNT`! CO vehicles The service will operate vans capable of carrying as many as 12 passengers at one time with space for luggage and skis. Passengers will be able to stand in the vehicles. Eventually, three or four vans may be utilized when both developments are fully occupied. Initially, the fleet will consist of two vans and will be expanded as demand warrants. The vans will be stored in the AHV parking area and will be maintained by local ' mechanics in the Roaring Fork Valley. If necessary, another van(s) will be rented if a van is out of service for repairs, and high traffic is anticipated. At least one of the vans in the fleet will be equipped with a wheel ~~ chair lift for the handicapped. Cost The cost for providing this service has been projected based on vehicle utilization and industry hourly costs to operate vehicles. During the winter peak season, it is projected that passenger productivity will vary between eight and 12 passengers per vehicle per hour. Van costs are assumed to be $ 30. per van hour based on the service being run. The cost to provide service is estimated to °~ be $ 295,000 per year. `~' Van .~ ... ,«~ ~, IR ~, ~~ ~.:Yv ~•i2~~2988 03:S3P SUB- IMPR DRVIS SILVI ~9 ,, ~.'~ R 0.00 D 0.00 N 0.00 PITKIN COUNTS f'0 .~. r Exhibit E MAROON CREEK CORRIDOR IMPROVEMENTS ESTIMATE Renvnn ~ rccFK ROAD BIKE PATHIENTRY I-ANEAGE_ UNIT COST TOTAL DESCRIPTION QUANTITY UNIT EXCAVATION 2,500 CY $ 6.00 $ 15,000.00 ' 3/4" ROADBASE 2,800 TON $ 19.00 $ 53,200.00 HBP 2,200 TON $ 45.00 $ 99,000.00 RETAINAGE 2,200 SF $ ~ 25.00 $ 55,000.00 TRAFFIC CONTROL 1 LS $ 25,000.00 $ 25,000.00 SIGNAGE/STRIPING 1 LS $ 5,000.00 $ 5,000.00 A SUBTOTAL $252,200.00 '" CONTINGENCY 15% $ 37,830.00 +* TOTAL PRELIMINARY ESTIMATE $ 290,030.00 ,~ This is an estimate for bike path and entry taneage only and no costs resulting from sewer improvements in Maroon Creek Road will be included in the costs. As proposed in the Aspen Highlands Village Application, $650,000 is committed to corridor improvements. 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Main Street Aspen, Colorado 81611 (970) 920-1801 Prepared by: DAMS HORN, INC. PLANNING & REAL ESTATE CONSULTING 21S S. Monarch, Suite 104 Aspen Colorado 81611 (970)925-6587 ROBERT A.M. STERN ARCHITECTS 426 West 34"` Street New York, NY (212) 967-5100 ~' June 1998 I I"III'~III "I"I III" (I'I I"II I'I"I III ~~III II'I I"I 423274 10/1S/1998 04:16P PUD DAVIS SILVI + ,t ~~ ~ '?si . ~0 0 0. -~J0 N s. 00 PITKIN COON ~ T ~u V. Area & Bulk RegL~ireasents The area and bulk requirements described in this section shall apply to AHV PUD. Floor Area a. Village Core - Total non-exempt Floor Area in the Village Core is limited by Tables 2 and 3. Total Floor Area may not be exceeded, however there may be minor redistribution between categories in Table 2 and buildings in Table 3. b. Townhouses - The free market townhouses are limited to 3,500 square feet of Floor Area per unit as defined under the definition of Floor Area. c. Sinctle-Family Dwellinct Units - Block A (Thunderbowl) Free- Market Lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 and 12 may be developed with single-family dwelling units containing up to 5,500 s.f. of Floor Area. All other free market residential lots in AHV are limited to 5,000 s.f. of Floor Area, but may increase Floor Area to 5,500 s.f. per lot upon acquisition of a Transferable Development Right (TDR). TABLE 2 ASPEN HIGHLANDS VILLAGE PIID GIIIDE: TOTAL NON-E7CEMPT FLOOR AREA IN VILLAGE CORE & TOWNHOIISE NEIGHBORHOODS BY BIIILDING Non-Exempt Floor Area Building Square Feet Townhouse East* NM 56,000 2 79,250 3 19,250 4 45,320 5 33,830 6 1,950 7 18,960 8** 99,160 Townhouses West* 56,000 Total 403,420*** * There are 32Nfree market townhouse residential unitsN Floor Area for the townhouses is defined in the definition section. ** Building # 9 identified in the General Submission Plan has been combined with building # 8. *** There may be minor redistribution of Floor Area between buildings, however the total non-exempt Floor Area will not exceed 403,420 sq.ft. Source: Davis Horn Incorporated and Robert A.M. Stern Architects; January, 1998 Final Draft ATTACHMENT' ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared for HINES 426 E. Main Aspen, Colorado (970) 920-1801 Prepared by Davis Horn Incorporated 215 S. Monarch Avenue Aspen, CO 81611 (970) 925-6587 September, 1997 ~r „~ A RESOLLTION OF THE BC~:~i~ OF COUNTY COMMISSIONERS OF PP~'I~%~' Ct7'd3NTY, COLORADO, GRANTING DETAII.ED SUBMISSION. PLANNED UNIT DEVELOPMENT, ' 1041 Etiti'IRONMENTAL HA.Z~RD REVlE: ~• :~YD SPECIAL REVIEW APPROVAL. TO THE ASPEN HIG$LANDS VII,LaGE PUD Resolution No. 97-• vn ! _ ~ P,~~itais ",. 1. Applicant. Project Location. and Approval Requests - HILP Mountain Limited Parmenhip, Aspen Highlands Mountain Limite~ Lability Company, ashen Highlands Skiing Corporation. Whipple `~ Van Ness .iones and Hines Higltlanos Limited Partnership. t.hereinaiter rezerred to as "applicant" ~ have ~•. applied to Pitkin County for approval of the aspen Highlanas Village ;" ~iV") project. The application speciitcaily re[}uests approval for Rezoning, See~ial Review, vrowth Management Quota _ Svstem Alloanents ("GMQS") and Detailed SubmissioniPlanned Unit Development ("°L'D").:'he Aspen Highlands Village site is located in the Maroon C:~~i: Vallev at the base of the aspen Highlands Ski area and contains approxitnaceiy "0 acres. The parse: is more specifically described in Exhibit a. The SubdivisioniPUD treneral/Conceptuai Submission was approved with conditions as evidenced in Board of County Commissioners f "Board") Resolution 96- i 41 ("Exhibit B"}. 2. E~dsting Uses -The subject site is improved with the Maroon Creels Lodge three ski lifts and the Aspen Highlands Ski area base Brea facilities and a Dancing lot containing approximately 742 otf- street paridng spaces. Existing buildings contain approximately X9.194 square fees of commercial space, 1,970 square feet of skier services. and 13 tourist accommodation units in the Maroon Creek Lodge. In the late 1980's Pitkin County issued a demolition permit to demolish the Highlands Inn which ' cotuained forty-nine (49) tourist accommodation units. 100 square feet of retail space and =.~00 square ,,.. ~e~. ~i gar ~.ila : estatuan[ ~pac~. ~ ~`1C rii~AlanaS inn was oemolisnea su[)seouent to the issuance of the demolition permit. 3. The Plan -The land use actions identified in the title of this resolution are the second step in the approval process necessary to enable the Applicants to demolish all of the existing buildings at the base of the Aspen Highlands Ski Area and construct AHD', a new mixed-use village on the site. The ~.. plan c»mmari7ed in the Aspen Highlands Vt~lage Detailed Submission: Consolidated Doctnnents, September 1997 cotLStitutes the Site Specific Development Plan as defined in Section 6-~.7. of the Pitltzn County Land Use Code. The AHV Plan includes the following elements: . Thirty-one (31) single family detached free-market dwelling units, "' Thirty-two (32) townhouse free-market residential dwelling units; • Seventy-three (73) tourist accommodation units; . Thirty-seven (37) Category 1 dorm attics (housing 61 people); ~" Twenty-two (22) single family Category 4 affordable housing sale units (4 bedroom); • One (1) single family Category 4 affordable housing sale unit (3 bedroom); • Twenty-eight (28} townhouse Category 3 affordable housing sale units (3 bedroom); • Eight (8) Category 1 and eight (8) Category 2multi-family sale units (1 bedroom); . Three (3) Category 3 one bedroom rental units; • Four (4) Category 3 two bedroom rental units; • Ten ! 10) Caretaker Dwelling Units; ue~niiininiiii~~mioumni~ieiiuiiuia ~, ~, TABLE OF CONTENTS Table of Contents i A Resolution of the Board of County Commissioners of Pitkin County, Colorado, ii Granting Detailed Submission, Planned Unit Development, 1041 Environmental Hazard Review, and Special Review Approval, to the Aspen FLghlands Village PUD List of Tables x List of Appendices xi INTRODUCTION 1 I. STTE PLAN 3 II. VII.LAGE CORE S Affordable Housing 6 Commercial Space 9 Service Area Plan 10 Floor Area 10 Building Height 14 Off-Street Parking Plan 14 III. MAROON NEIGHBORHOOD 16 IV. THUNDERBOWL NEIGHBORHOOD 17 V. PLANTING PLAN 18 VI. AFFORDABLE HOUSING EXACTIONS 20 Residential Affordable Housing Overlay Zone Requirements 20 Non-Residential Affordable Housing Overlay Zone Requirements 22 Tourist Accommodations 23 Independent Commercial Space and Accessory Skier Services 23 Demoiition Credits 26 VII. PLANNED UNIT DEVELOPMENT 30 Definitions 30 Area & Bulk Requirements 35 Floor Area 3 5 Commercial Space 35 Height Limitations 36 Yard and Road Setbacks 36 Driveways 3 7 M'uumum Lot Width 37 Minimum Lot Size 37 Lighting 3? Aspen Highlands Village Residential Homesites Design and 39 Landscape Regulations Guidelines Aspen Highlands Village Phasing Plan 42 VIII. ASPEN HIGHLANDS VILLAGE CONSTRUCTION 43 MANAGEMENT PLAN IX. AIR QUALITY 44 X. PARK LAND DEDICATION 45 XI. ZONING 46 XII. RESPONSES TO GENERAL SUBMISSION CONDITIONS 47 XIII. RESPONSES TO PLANNING AND ZONING COMMISSION 59 RECOMMENDED DETAILED SUBMISSION CONDTTIONS i 0 ~. AFFORDABLE HOUSING EXACTIONS ,~„ 'This purposes of this section of the AHV Detailed Submission Consolidated Plan are to: Calculate the number of people that must be housed in deed restricted affordable housing units to satisfy the residential requirements of the Affordablc Housing Overlay (AHO); • Calculate the number of people that must be housed in decd restricted aff°rdable housing units to mitigate the non-residential housing exactions of the AHO zone; and '~" Summarize the affordable housing plan. Residential Affordable Housing Overlay Zone Requirements The Board of County Commissioners approved Ordinance 96-51 on December 18, 1996 to create the Affordable Housing Overlay (AHO) zone district. The ordinance establishes that free market residential development may be exempted from the Aspen Metro Area residential Growth Management Quota system if the following standards have been met (new Code Section 3-40.73.B.) • Residential uses restricted to Category 1,2,3,4 and Resident Occupied affordable housing guidelines must comprise (70) percent of the residential unit mix of the development. The number of persons residing in the restricted affordable housing must comprise • 60 ercent of the total residential development population. sixty ( ) P Aspen Highlands Village includes 20 dwelling units (12 in Thunderbowl and 8 in Maroon neighborhoods) that can be developed upon acquisition of TDR's. These units are not located in the AHO zone and are not part of the AHO mix requirements (see drawing Z-1). Affordable housing exactions are not required for dwelling units developed pursuant to the acquisition of TDR's. C 20 L ,~. ,~. Thirty-two free market four bedroom townhouses and 11 R 151ots in the Maroon Neighborhood are in the AHO zone and form the basis for determining the number of affordable housing units which are required to meet the standards of the zone district (32 + 11 =43 free market units). In order to meet the 70:30 ratio of affordable housing units to free market units there must be at least 100 affordable housing units in the AHO zone (100:43 =70:30). Aspen Highlands Village will include 111 affordable housing units in the AHO zone which exceeds the minimum requirement of 100 units aad satisfies the AHO zone district 70:30 ratio of affordable housing units to free market units. Table 9 shows 156 people are projected to reside in the 43 free market dwelling units proposed to be located in the proposed AHO zone. In order to meet the 60:40 ratio of affordable housing residents to free market residents, 234 residents must be housed in the affordable housing units in the proposed AHO Zone (234:156 = 60:40). Aspen I-Lghlands Village can house 267.25 people in deed restricted affordable housing units in the AHO zone which exceeds the minimum requirement of 234 people and more than satisfies the AHO zone district 60:40 ratio of residents housed in affordable housing units to residents housed in free market units (see Table 15). The data show that 33.25 people residing in the affordable housing units in the AIiO zone maybe used by the developer to offset the housing exactions generated by non-residential development (267.25 people in AH units - 234 people required to be housed = 33.25 people to offset non- residential housing exactions). This credit is a sub-total used in the following section to compute the total AHV affordable housing excess. ~ndm. 1 21 ~• TABLE 9 ASPEN HIGHLANDS VII.LAGE DETAII~D SUBMISSION CONSOLIDATED PLAN: ~- PROPOSED FREE MARI~T •„ POPULATION IN THE AFFORDABLE HOUSING OVERLAY ZONE -" '1~-pe # Household Size' Population Z ~ ,~ 5~ S Bdr. 11 4 44 4 Bdr. 32 3.5 112 '~" Total 43 156 ,. • Pitloa eamty Lead Ux code Souris: Davis Horn Incorporated, September, 1997 Non-Residential Affordable Housing Overlay Zone Requirements Ordinance 96-51 establishes that non-residential development in a AHO zone be required to mitigate 60 percent of employees generated. The following sections apply the 60 percent employee generation rate to the commercial development proposed in Aspen Highlands village to calculate the non- residential affordable housing exaction. Table 10 shows that total non-residential employee generation is a function of employee generation and the AHO none housing exaction standards for tourist accommodations, independent commercial space and accessory skier services. Each component of Table 10 generation is addressed in this section under the subheadings: • Tourist Accommodations; and • Independent Commercial and Accessory Skier Services. 22 TABLE 10 ASPEN ffiGffi.ANDS VII.LAGE DETAILED SiJBNIISSION CONSOLIDATED PLAN: TOTAL NON-RESIDENTIAL EMPLOYEE GENERATION' Land Use": Affordable Housing Enaction Tourist Accommodations ~•4 Independent Commercial Space 57.6 Accessory Skier Services 8.4 Total 126.4 • Full Time Equivalent Flnployees (FTE) work 2,080 hours per year. • • Rtfer m Table 11 and 12 the following section for e~laaation of employee geaaatian far each ~gmy ~' Source: Davis Horn Inc., September 1997 Tourist Accommodations The tourist accommodation units are comprised of lodge condominiums. The tourist accommodations are served by accessory commercial space that generates employees. Section 3- 130.20.C.3. (new Code) requires that 60 per cent of employees generated by tourist accommodations and commercial development be provided with affordable housing. Table 11 shows the 73 tourist accommodation units will generate a requirement to house 60.4 people in affordable housing. Independent Commercial Space and Accessory Slder Services Aspen Highlands Village will contain Independent Commercial space (IC) and Accessory Skier Services (ASS). Table 12 shows that the Independent Commercial Space (IC) and the Accessory Skier Services (ASS} will generate a requirement to house 66 people in affordable housing. ±"° Independent commercial (IC) space may attract a limited non-skier clientele from outside the Village when the lifts are not operating. The IC space will be comprised of retail space such as a grocery. ~* 2 3 A meeting room will be available for residents and guests of Aspen Highlands Village. 'The United States Forest Service may utilize the ASS space as a visitors Center in the summer. TABLE 11 ASPEN ffiGHLANDS VII,LAGE DETAILED SUBMLSSION CONSOLIDATED PLAN: TOURIST ACCOMMODATIONS AFFORDABLE HOUSING EXACTION Number of Employee Employees AHO Friction People to T of S ace Units or S.F. Generation Rate• Generated Rite be Housed Tourist Accommodations 73 .4 29.2 .6 17.5 Restaurant (NLA) Wait-Service 4,000 .0075 30.0 .6 18.0 Restaurant (NLA) Limited Wait-Service 2,000 .005 10.0 .6 6.0 Retail (NLA) 8,000 .0035 28.0 .6 16.8 Condominitun Room " 3,000 NA 3.5 .6 2.1 TOTAL NA NA 100.7 .6 60.4 • F~rplayee Generation rates derived from Section 5-300.1 (c) Pitltin County Land Use Code. As per Section 5-300.1 (c) employee geaaation is based upon Net Leasable Area Net Leasable Arco is SO% of Gross Retail Space sad 65 eYe of Ratmuaat speoe. Restaursat employee generation rata are based upon 5 employees per 1,000 sf of NLA restautaat space for the limited wait service type dining end 7.5 employees per 1,000 sf for wait-service dit-ing. •• The condominium room will be used for a variety of fimctions. A total of 3.5 FTF.s will be generated as approved by the BOCC. Source: Davis Horn 1nc.; September, 1997 24 TABLE 12 s rr ASPEN HIGHLANDS VILLAGE DETAILED SITBMISSION CONSOLIDATED PLAN: INDEPENDENT COMII~RCIAL SPACE AND ACCESSORY SKIER SERVICES EMPLOYEE GENERATION Ski Area Storage'•• 2,200 NA NA .6 NA Subtotal 25,725 NA 96.00 .6 57.6 Acces~orv Skier Se 'ces & Ticket Sales ASS'••' 10,200 NA 9.4 .6 5.6 Ticket Sales •'•s -1,800 NA 4.6 .6 2.8 Subtotal 12,000 NA 14.0 .6 8.4 Grand Total 37,725 NA 110.0 .6 66.0 • Employee Generation rates derived from Section 5-300.1 (c) pltldn County Lod Use Code. 'Ibe restauant employee ge~catioa rates art based upon S employees pa 1,000 sf of T1IA restaurant space for the limited wait service type dining aced 7.5 employees pa 1,000 sf for wait-service dining. As pa Seaior< 5.300.1 (c) employee geaaatiau besod upon Nd Leasable Area. MA for retail space = 80% Gross Leasable Area (GLA) and 65 % of restaurant space. •• 'Ibe meeting room will be usod intermittently. Atotal of 2.8 FTFs will be geaasted as approved by the BOCC. ••• Ski Area Storage Space will be utilized for ski storage, racing oquipmeat and other ski arts related functions. •••• (ASS) pccesyory Slver Services -Public and employee rrst rooms, ski school, ticket sales, guest services, sld patrol, racing program, lift operations, aced administration are located in buildings and 7. Ticket sales will be in buildings 6 and 7. 'Ibis space may be used as a Forest Service information center without additional employee generation. Employer AHO People Sgttare Generation Employers Faction to be T S ace Fort Rate• Generated Rate Housed Independent Coe~erc~al Retail ~~) 13,600 .0031 47.6 .6 28.6 Restaurant (NLA) Wait-scrvitx Restaurant (NLA) 2,000 .0075 15.0 .6 9.0 Restaurant (NLA) Limited VI/ait-service 6,125 .005 30.6 .6 18.3 Meeting Room" 1,800 NA 2.8 .6 1.7 Source: Davis Horn Inc.; September 1997 25 Demolition Credits Section 5-501.2 of the Land Use Code permits the remodeling, restoration, reconstruction or replacement of acry legally established sttucxure. Therefore, a developer reconstructing demolished commercial space or tourist accommodation units receives a credit for the demolished commercial space if it was legally created prior to the enactment of the Commercial Growth Management Quota System (GMQS) on September 13, 1983 and tourist accommodation units legally created prior to the enactment of the Tourist Accommodations Growth Management (GMQS) on December 13, 1982. Credits are given since the GMQS system is designed to mitigate impacts associated with new growth after the enactment of the quota system. The project is entitled to a credit for 66.5 base area employees as reviewed and approved during Detailed Submission. The Aspen ~Lghlands village is also entitled a credit of 39.75 EGU's for the demolition of the Highlands Inn as reviewed and approved during Detailed Submission. Table 13 documents the existing commercial space. TABLE 13 ASPEN HIGHLANDS VH.LAGE CONSOLIDATED PLAN: EXISTING COMII~RCIAL SPACE* Use /Structure S ware Feet Aspen Highlands Ski Shop 8,090 ""~ Aspen Highlands Base Lodge 14 800 Subtotal 22,890 Skier Services *~ Chalet Heidi 1,500 Snow Puppies Tent 470 ~" Subtotal 1,970 i Base Lodge Basement 4 236 ~ Free-standing Storage Building 128 Shred Shed 68 Maintenance Shop 8 000 X Water Building 1 514 X Pump Shed** 388 Subtotal 14,334 Grand Total 39,194 * Net Leasable Area (NLA). . * * In 1994 this pump shed was replaced with a 612 s.f. shed. . - * * * The maintenance shop was demolished in June, 1997. ~"' Source: Davis Horn Inc. June, 1993 and September, 16, 1986 Memorandum ~~ from Ann Bowman, Aspen-Pitkin Housing Office to Francis Krizmanich. Table 14 demonstrates that the Aspen Highlands Village is entitled to credits of 106.3 EGVs for the demolition of the Maroon Creek Lodge, Aspen Highlands Base area and the Highlands Inn and accessory commercial space. "" 2 7 w~+ '1r'ABLE 14 1 .r ASPEN ffiGHLANDS VII.LAGE IIETAII.ED SUBMISSION CONSOLIDATED PLAN: INDEPENDENT C011~IIVIERCIAL SPACE AND ACCESSORY SIaEER SERVICES EMPLOYEE GENERATION Land Uu Factors EGU': Aspen Highlands Base & Maroon Creek Lodge* Fghlands Inn Highlands Inn Res. & Bar** Highlands Inn Retail** Total 106.3 Source: Davis Horn Incorporated; September, 1997 66.5 49 units x .4 19.6 2,500 s.f. x .0075 18.75 400 s.f. x .0035 1.4 TABLE 15 ASPEN ffiGHLANDS VII..LAGE DETAILED SUBMISSION CONSOLIDATED PLAN: AFFORDABLE HOUSING PLAN* Average Unit Type Number Household Size Population Dorms* * 37 NA 61 Cat. 1 One Bedroom 8 ~ 1.75 14 Cat. 2 One Bedroom 8 1.75 14 Cat. 3 One Bedroom 3 1.75 5.25 Cat. 3 Three Bedroom 28 3.0 84 Cat. 3 Two Bedroom 4 2.25 9 Cat. 4 Four Bedroom 22 3.5 77 Cat. 4 Three Bedroom 1 3.0 3 Total 111 NA 267.25 • All units are sale units with the exception of the dorms, four 2 bdr. uaits, and three 1 bdc units. • • The dorm units will be ocxupied by Music Associates of Aspen (MAA) students and employees in the summer with priacity given to Fem. Aspect Highlaadt Village or Aspect Siding Ca~mpany employees at other times ar in the summa if the dorms are not filled by MAA students ~ employees. Source; Davis Horn incorporated; September, 1997 28 The applicant v.T';1;~~-~~ ode on-site affordable housing for 267.25 ernploy~:~. 'I :ire physical. mix, and income categories of affordable housing is set forth in Table 15. The affordable housing units shall be located in buildings 2, 3, 4, 5, 8 and the Thunderbowl and Maroon Neighborhoods. Table 10 shows that a housing exaction of 126.4 people is generated by the non-residential development in AHV. The Residential Affordable Housing Overlay Zone Requirements demonstrated there is a credit of 33.25 people housed over and above the residential AHO zone district requirements. This credit may be used to offset the non-residential housing exaction. Additionally, the Demolition Credits section demonstrated that a credit of 106.3 people may also be used to offset the 126.4 people non-residential housing exaction. As calculated below, if the AHV housing plan is implemented, there will be a housing surplus of 13.15 people. The applicant and County have agreed that 75 percent of the (.75 x 13.15 = 9.9 people) 13.15 people in excess of the 254.1 housing requirement may be used to off-set future housing exactions and/or short-falls which may re"salt from employee audits. 126.4 People - AHO Non-residential Housing Requirement -106.3 People -Aspen Highlands Demolition Credit - 33.25 People -Surplus of People Houses in AHO 13.15 People Housed in Ezcess of Requirement C °" 2 9 AT~'ACHMENT ~ ~ a~,y': vp,L'TION OF THE BOaItD OF COUNi•Y CC+~~~?>~:~~~1<•~i~EBS OF PITKII~i~COUNTY, CEJ)I.O"L~O, GRA1V'I'IlYG DET~iII.F.D SUBMISSION. P~l<NNED UNIT DEVELOPMENT, 1441 Eiti'`'IRONII~NTAL ~~a RD REVIE~: J.:~,YD SPECIAL REVIEW APPROVAL. TO THE .ASPEN HIGHL.~NDS vII.L.~GE PUD E Resolution No. 97-• l^? P.ecitais ,~ 1. Applicant. Project Location, and approval Requests - HII.P Mountain Limited Partnersiun, Aspen Highlands i~iountain Limite~ Lability Cotnnam. Ashen Highlands Siding Corporation. Whipple Van ,Mess .fines and Hines Highlanas L:•mited Pumersiiip.:.hereinaiter referred to as " applicant") have ~~ applied to Pitkin Cotmty for approval of the .lea Highlands Village ("AHV") protect. The appiicarion speciftcaily requests approval for Rezoning, Se_~ial Review. Growth ~lrianagement Quota '° ' System ~-llotmetus ("GMQS") and Detailed SubmissiottiPlanned Unit Devdopmenr !"°LTD").:'he Aspen Highlands Village site is located in the Ylaroon C:~~ ~/allev at she base of the Ashen H;~~lan c Ski Area and contains approxitnauiy ~0 acres. The pare: is more soeciiitally described in Exhibit 3. The SubdivisioniPUD GeneraUConcetmiai Submission was approved with conditions as evidenced in ~~~ Board of County Commissioners ("Board"1 Resolution 96-idI ("..xhibit B"). _ 2. E.~dsting Uses -The subject site is improved with the Maroon Creek Lodge thrr ski lifts and ~~ the Aspen Highlands Ski Area base area faciiitics and a Daridng lot containing approxima*Ply 742 orf- street paridng spaces. Existing buildings contain approximauiy X9.194 square feet of commercial space, 1.970 square fat of skier services. and 13 tourist accommodation units in tiu Maroon Creek .. , Lodge. In the late 1980's Pitkia County issued a demolition permit to demolish the Highlands Ian which '' contained forty-rune (491 tourist accommodation units. 100 square feet of retail space and =.~00 square ,, :ee: ,,i ~az una :ataurant ~pac~. sae iiistuanas :na was aemousnea SuDSequeat to the ~cvtanre oI Lhe demolition permit. 3. The Plan -The land use actions identified in the title of this resolution are the second step in the approval process tucessar}-.to enable the Applicants to demolish all of the existing buildings at the base of the Aspen Higlilands Ski Area and consnvct AHD', a new mixed-use village on the site. The plan summarized in the Aspen Highlands Village Detailed Sui~mission: Consolidated Docttme~s, September 1997 constinues the Site Specific Development Plan as defined in Section 6-x.7. of the Pitlon County Land Use Code. The AHV Plan includes the following dements: • Thirty-one (31) single family detached free-market dwelling units, • Thirty-two (32) townhouse free-marks residential dwelling units; • Seventy-three (73) tourist accommodation units; „ Thirty-sewn (37) Category 1 dorm units (housing 61 people); • Twenty-two (Z2) single family Category 4 affordable housing sale units (4 bedroom); °" Oae (1) single family Category 4 affordable housing sale wait (3 bedroom); m Twenty-eight (28) townhouse Category 3 affordable housing sale units (3 bedroom); • Eight (8) Category 1 and eight (8) Category ?multi-family sale units (1 bedroom); Three (3) Category 3 one bedroom remal units; ,, Four (4) Caugory 3 two bedroom rental units; • Ten ! 10) Caretaker Dwelling Units; ~ !~~I" ~~Ill ~~~~~~ ~ll~l~ III~I X11 ~111~11 III X1111 Illl I~~I kesoiuttt}r ~"c~. 4~~.,; ~- Pane ~ ---a.rr • Twenty-one thousand. six hundred (21.600) souare feet of retail space (Net ~easeable Area ~' Twelve thousand (I?,pOp) souare 1Get of accessory skier services ~ ~): Foutuen thousand- one honored n'"encv-five (14.1?,g) square feet of restaurant s pace "" : hree thousand (3. 000) Square feet of condominium meeting rooms i NL:~); ,~ One thousand eight ,`tundreo ~ :. X00) sauaz., _,.,. ° ''°i OI ;llceung rooms iNL.A-: • iwn thots~nd two Hundred .:.~00) souare fe~• .-r _;;.. 'tr.., `` your Honored - ,4~p - .~.. store (NL-~l: ~y ~ nar:;ing spaces for :nc aspen Hi „~ Two hundred and thing (?,;Ol off--street nor ' Blilands SIa Area: and tourist accommodation units and ~ spaces for the aifordabie aoustng and "' ~ AHV ~mpioyees. ~,, The proposed physical layout of the project 1S depicted on the aztaClled ^~=.'ChlbiiS C :hrou ' Qn r. ~' The County certified Aspen Hi ' ~~ of 1997. ' s ViIIaQe: Detailed Submission substantially complete in January .n addition, :n accordance with common practice, ettets ~d ~ - been suomiaed to the record by the Applicant. County ~Pi`-mezual isuorrrnuion nave - start , and the public. The Aspen gads Detailed Submission Consolidated Plan was sub ro„ reference materials comprising the Site Specific Development plan would bvailab e'er one so all ~` document. 4- APPL~Ie Load Use Code - The Applicant submitted the AHV: aPPIicadon in June of 1993 and did not receive General S ~~ Submission land use -~~ April of 1994, the Board of County Commissioners ado ubmission approval until March I_- 1996. In ,.~ resolution (Board Resolution # 94-08), the Board ~ a ~w l~ ~e ~• By separate applications which were in prot:~s az the rime of adopnon ~ athe Il~yv o Ct preview of land use mecifically states that "all active Land use applications that have been Resolution 94-b8 shall ~,e _o..:°.~P,: -..,-....-... -- -L~ s - submitted by Vtarc:t ~ 6. ~ aqd Board as meanin -- - ----- - --- -~'-w'-: ~~ ._...~" "" ~~"c ~ . =ae term acnve Has peen established by the i g an application which is substantially complete State ~ AHV application was Hoc only co fete but had and ~y to be scheduled for review. Zoning Commission and the Board of Co ~ actually been before the Planning and that the Hi ~' Commissioaers prior to ~~Iarch 16th. the Board found N ~~ adoption of ~ n y~l~e a~tioaIIOn met the criteria for an ^actve" application az the time of the Hand Use Code. In accordance with Board Resolutions 95-IO and 96-6. the Board and Ii °~~° Growth Management Quota System (GMQS) alIotmeas and e ~ cant mutely agreed that all to Sections ,-140, ;-150, 3-160 of the "new". °~ would be processed pursuant Pttktn• County land Use Code. `"" 5- Planning and Zoning C~missioa Detailed „~ submitted the AHV: Detailed Submission in November ofd I9~g6oand the C - ~e Applicant additional materials prior to ce otmty staff requested additional materials in J ~ application as complete. The h Co p ~ °f~ i ~ ~ aPPIication was scheduled for~i~eviPew b~ ~pitlan unty lapping and Zo Co "' The Plaaniag and Zoning Commission ("Commission") considered the on March 18, 1997, April 1, 1997, Aptil 7, 1997, application az public meetings consideration of the application, Co April 14, 1997 aad APB 29, 1997. After ~Y staff and public comme~ the Commission recommended appmval of the application with conditions. { 1111111 111111111111111111111 ~~ ~" : A ~!! 422029 09/3@/1998 03:ZZp rf 31~~~!! ~I~ ~~~f' I~~I I"I '~" 2 ..t Ott s „ ,,,. ,. _ -- - - «aCL,(JTZ DAV is ST- w .i `0131t1on t ~~. `~ ~- '~' ~rr3gC Growth 1Zanagemeat Quota System Review Process - Tl'~ application specifically requests Aspen Metro Area allommetus for commercial Employee Generation Units (EGU's), tourist ,~otnmodadon units. affordable housing units and free mazicet units in the Affordable Housing weriav (AHO) zone. ~. ~n March i8. '.99%. the Growth Nianasemetu Commission t"G~IC":considered the applicant's request ,~pr 11 Aspen Metro Arcs 1996 tourist sccotmmodation allotments ::: _uly noticed public heating and :ecommendcd that the Aspen City Couuc:I ("Council"' ~::d :he i3o~_ __-:xt ailounents to ~. The ~:ouncil approved the allotments pursuant to Aspen City Council Resolution ~ 1 Series of 1997 and the foard granted the ailommeflrs pursuant to this resolution. i he remaining 62 tourist accommodation allotments necessary to build .ETV aroidemoiition and reconstruction credits for the demolition of the "°'Yighlands inn and the Maroon Cmic lodge. On August 26. 1997 the Commission Held a duly noticed public hearing to consider the Applicant's °`°", erntcst for 29 Employee Generation 'units (EGU's i available in the 1996 Pitkin ~=Dorm' Commezctal ,.Growth Management Quota System i "^vMQS"; Compedtion..~fter scoring the application the Commission recommended that the Board grant the ?9 EGU's to AHV. The Board ~antea the " allomments pursuant to Resolution No. 97-185. *On August .6. 1997 the G1~IC held a duly noticed public hearing to consider the Applicant's request to °be designated as an exceptional project pursuant to Section ~-160.30 of the Pitkin Counuy Land Use Code. The GMC found AHV to meet the standards for designation as an exceptional project and recommended thaz the Board and City Council award forty-three {43) free market units (AH associated) ~' and one hundred twelve (112) deed restricted affordable housing utua (affordable housing) multi-year allomments to AHV. The Board granted the all~mmResolun~ n ~t Series of 1997 and the Council approved the. allotments pursuant to Coy Co ,,,~ - - . ~' -......:~~~ne~ ~eriew P!-ocess -The Board considered the AHV Detailed Submission application at public meetings on June 6. 1997, June 3U, 1997, July la, yy ~ . anu -- September 10, 1997. The Board considered the AHV Detailed Submission az a duly noticed aublic hearing on September ?4. 1997. The Board considered the Aspen ~ Village.Detailed Submission Consolidated Plan az the °~- September 24, 1997 public heating. The Board finds that the Detailed Submission changed during the ,~ review process in response co commetas by the public, Commission and Board. The Board specifically finds thaz changes to the AHV Detailed Submission are typical of changes to significant Land use ,'' ~ applications in Pitkin County and such changes do not constitute a new land use application- The Board finds that the Aspen 1•Iighlands Village Detailed Submission Consolidated Plan, September 1997 consdttues the Site Specific Development Plan as defined in Section6-5.7 of the Code. 8 Aspen Area G~eral~Plan - 'The Board finds that the AHV Detailed Submission as modified during the review process is consistent with the .Aspen Area General Plan as amended by- applicable ~" comprehensive plans and the policies and regulations of the Pitlon County Land Use Code. g, pig County Land Use Code Compliance -The Board -5mds the application to be in '~ compliance with the Plamted Unit Development (PUD) standards (Section 3-'n and permiu variations from Land Use Code requiremems. as represented in the Aspen Highlands PUD and requested by the .applicant in accordance with the Aspen ~igbiands Village Detailed Submission Consolidated Plan in 11111111111111111 QIIII Iilll 1111111111 ~ iii~~ 1111 IIII q~,g 09/x/ 1994 03 ; 22P RESOUJTI ppYiS SILYI 3 ~f ~4 R 0.00 D 0.00 N 0:00 PI7K21i COU>~1TY ~ I I ;""olution No. ?7-J ~e 4 Plan.. subject co of Section := "' The Board finds that.dte proPos~ ~rdancc with the standards - ` . °. Geologic Hazard 'on of conditions listed is this Resolution. Sdequately avoids or miti8ares Historic and -s01). Wildfire Hazard Areas (5.04). -401). floodplaia Hazard A1C~ t~ land use ~chaeological Resource Areas (5-405) • '~~~onaiiy . the Board finds the proPo~ lies with Land Use Code standards for Activities of i ~ t~~ De~~ Submission ;~plicaaon comp licauon comp ?.h). F~,ily, the Board finds the proposed land use app ~ndards of the Code (b-~). ,"" -t~REFORE. BE IT ZESOL~'='' ~ the Roarc: _:tat it does hezeby ;rant Detailed ~p~ , Review. Sundivision E.Yemption `,ibmission. Planned Uric Deveiopm evmv ~ oval form n family and retail uses and as a TDR ,,,,ar Condominiums. and Special Revr _ P -, ~ ~y dwel'~ng units for AIi~1 suolcct to the condiaons 1 on allomnents. ' 1= receiving site for _0 singl V 11 Viesro ~~ tourist accommotlau "",dditionallY• he Board does hereoy ;rant ~ development. rnd 1; vietro :area ~vieao Area affordable housing allotments for an arfordaule housing free market housing allotments for an :3H associated development- ~~' St~IIGIaI y~ of BOCC Resolution No. 96-141 shall be adhered to unless specincally modined ' 1. All conarnons ...n. by the terms of *.hese condiaons. iemental ons made in the application. supp ,'~ ~ The applicant shall adhere to all material repr~~ ~~. ~ in public meetings. ,. iicant or development entity, shall be responsible for all material repr V i~llag P(T~ .`~ 3 The app en Highlands ~~ in General Submission, Detailed Submission. Final~pl(SIA) ~ ~~ evem of conflicting Guide and dre Spbdivision Improvements Agreem resentations made shall represemations during the four year Latin use review process, the last rep _#. • control. licant must file condominium maps in accordance with C.R.S. Section ?8-3.-101. 4. The app ~e - oor azca and dimensional re4utremeres arc as detailed in the Aspen High~~ V. ~' ~ fl on Consolidated Plan. Detailed Submissi ,~. - '~ threshold on the c~tisting -CastlelMaroon ~» basing p~ that clearly identifies the ridership for the applicant to 6. The P A) route that will trigger a n:gtii~. Roaring Fork Transit Agency t~'•T ~ ~ operarion of one additional bus on the make a cash payment to RFTA for the puichas Village Detailed Submission Consolidated "" route will be as documeiucd in the Aspen Highlands hcant will pay to Pitidn County for Plan. The agrc~~ ~ the amount of money the app event RFTA nP~ ~ the level of service on the CastielMaroon route. In the ' Pitidn County may use the applicant s '' CastlelMaroon route with another form of transit, ~emezu service must provide payment for such replacement transit service, however, the rep ~ „~ service to AHV • - -- nn 'I ~1"I' ~II'I ""~~1"I ~II "~I'~'~ I I ~~~'~~ "11~ "~~ . T~ ~pLt17I DAMS SILYI 422629 09/30/1996 03 4 of S4 R 0.00 -0 0.00 N 0.00 PI'tKIN QTY ~ ,,~esoltuion No. 97--,r, ""~' gage ~ have agreed upon an operations and service phasing Plan for as 7. The applicant and the County licant as documented in the ~" on~iearand (Dial-a-Ride) transit system to be operated by the app Aspen Highlands Village Detailed Subnussion Consolidated Plan. Company (ASC; and the Couruy have agrees upon an operations and service `~ g The ?~spai Sluing • phasing plan for a remote pariting~skier shuttle service to oe operated between AHV and 135 new designated remote panting spaces to be estaolished at Buaermilk Ski Area as documented „~ ands Ski Area ,,F_Slci viaster plan, approved by the BOCC on Octobez~. in the ashen Hight ,997. g ~~ applicant and the County nave agreed on a comprehensive craificitransiupariang monitoring system plan to oe tt)tdertaken by the applicam. This plan was approved by the BOCC on Oetooer "~. 1997 as part of the Asven Highlands AF' C mM~e~ P~ e,~ D be inciuaed in the :aspen Iiighiands Village Detariea Suomtsston shall include measures to insure increased nudgadon actions if monitoring shows that the' ~ix. mitigation plan is not adequate. 'he SIr~ shall require the Applicant to admuuster the monitoring plan through the conclusion of Phase 4 of the construction. and for three years ~" thereaiur. The monitoring system address the following issues. al If the trips generated by AHV exceed PfOj~O~ ~ the Revised lrlaroon Creek Corridor '°~ Detailed Transportaaon Plan" . rebruary, 1997, so as~ to require mitigation for those additional impacts the addidonal mitigation required by the applicant must be approved by the BOCC based upon recommenaauons of the Commltniry Development Deparmient and '~ any appropriate referral agency (e.g.. RFrA andlor the County Engineerj• Qenerated.is lower than projected. then the applicant shall be entitled b) If the number of trips , on ro then being funded. Such reduction to suggest a reduction in the traffic mitigati p gr~ r. shall be based upon a ending by the BOCC that the reduction is appropriate. In no case, ~+n.vP•~--. hall the :~policanc be eligible for a refund of any portion of the infrasmrctttre donation described in paragraph ~ oe:ow. ~. c) The SIA shall speciry that the applicant shall be responsible for the performance of this ,~ condition and security for such performance shall be Provided. ottation and air quality monitoring required by the Applicant shall be the subject of 10. The transp information: ~~' an annual report which shall contain at a minimum the following ,,.~ ,~, 1. Daily weather conditions. 2. Notation if Aspen schools are open on given day. readings at Maroon Creek and downtown monitors. 3. Air quality ~~~ not be available 4. Daily skier visits based upon Aspen Skiing Company surveys -this data tray for each day. 5. Daily parking lot counts and HOV counts. IWNIINI,IINNVIIO~I~NBI~~II~~IN~ • ,i :~, Resolntiox <. >: , `-~ - ~ : - ~ Page ci on survey days data will be collected idccitifying skiers vs. non skiers 6. Daily 1tFTA ridership - . ~"" vs. employees. 7. Daily notation of any special event taking Place at Aspen Highlanas. ,w 8. Daily traffic counts at specinc locations to be identined by the applicant and the Coutuy Transportation Consultant. 9. Daily counts of cars parkea m Aspen Highlands Subdi~~- _ ..: ~::::: iseiin Park. 10. Establish set nays to do surveys in pazinng ion -surveys co include: pouu of orisin. ?copie in tar, type of pass: skiers vs. z6~-skiers. ~IOV's. 11. Daily indication if streets in azea were swept that day. 12. Courtesy van atop-off counts. "°' 13. Signs on State Highway 82 and Maroon C:eek Road and cnc locations s d include:~pnoortco chat parking lot is foil yr chat paid parking u to effect -sign Tieback. prior to Brush Creek Road. Castle CreekfMazoon C.'eek. rovements along the ;vlaroon ~..• 11. Applicant has agreed to donate 560.000 for inirastruenirc imp Creek/Castle Crcek/Highway 82-intersection and vlaroon Crock Road. The applicant has also e ravements to the Castle Maroon committed to a donation of S350.000 for long-ran Ci~Council. The donanons shall be made intersection as agreed to by the BOCC and Asp tY upon Final Plat recordation. „„,~ ~ Commission strongly encourages that the proposed short-term fr~ 12. The Planning and Zoning _ Improvements :o the C:stie: ~rlazoon/Hishwav 821 Veers table ~ eel ~ ~ ~ that the County and City work together to devise a mtituall, acccp ongoing problem. lot shall be paid parking when the ski area is open for skiing. 13. The 450 space skier parking y lotion of _; Utilization of summer parkang snail be reviewed by the BOCC two ears after comp Phase Four to daermine if paid parking should be implennezaed. ractice, the priitiary staging for the Maroon Bells bus shall not occur 14.. Consistent with existing p park. For down' at AHV • The preferred start point for Maroon Bells tours shall be at Ruby used station at the valley visitors using RFTA or the train there shall be a transfer at the prop on Bells tour buses ~• intersection of Highway 82 and Maroon and Castle Creek Roads. The Mayo shall pick-up riders at Highlands and tickets shall .be available. for sale to Flighlands residents ~ ~~ ~ - whether from suers, or residerus. or visitors to the village shall not be ~,,, 15. Any overflow parking of in the neighborhood. If parking allowed on Maroon Creek Road or other public rights ~ will ~~ ~~ County in P~ on the Maroon Creek Road becomes a problem, the app ~{orccment of this Provision through signage and public awareness mcasiires• II1111111111111111111111IIilllllllilil111111111111 t I Iill l~ 4ZTb29 x/30/1998 03:22P tO~OLt1'TT OAVIS SI1.Y2 6 of S4 R 0.00 0 0.00 !1 0.00 PITKIN COUNTY Ca y f Resolutioa No. 97- i/~1 image 7 y `' to ees" shall be conducted at the applicant's expense x,16. An audit of "Full Tinte Equivalent F.mp Y licant shall ~ responsibie for housing one year after comolerion of ep~ranon overland above snot contemplated at the time of Derailed mitir3ation of any employee g audit shows a reduction in employee generation the Subdivision approval. If the required „~ applicant may seek a credit to be used on ocher Pitkin County Prob. . e colic. -: shall be allowed to lease two Category .:wo-oedroom units to qualined ' l^' ~ ' ' Iicant's choice. employees of the app be allowed to sell four single-family homes. tour town homes. and tvvo one- .„~. 18. The applicant shall iicant's choice. In ail cases the regwreme~ of bedroom amts to aualifiea emiioyees of the app and four- patt~ority must be tnet along with the aeon that in the three- the Housing m die Housing my bedroom ~~• at least one of the individuals must be a dependem as dew Authority guidelines. x priority for the use of the proposed dormitory units shall be ~e .mto~ l~ez season use m 19. d the fall. warner and sprang or the Aspen Siding ComP~y urmg l ees and/or teach s~• priority will be for Music ?associates of :aspen students, emp oy "~ "to units shall be developed as reviewed and approved by the 70. The floor plans for the dorms ry `'~ Housing Office. fordable housing shall be aPPropriateiy deed restricted and such restrictions 21 • All designated ~~ shall be recorded prior to conveyance of such housing. ~~ Those lots which will be permitted to have caretaker Units shall be designated on the Final ~. Plat. ~. The use of transferable deveioptnenc ngtus ~'Ti7tes ~ snau oC ''' ,.Qpc~~r..:.: ;''~`:' ' - .` wth ~gement for rovided however, that the total floor area exempted from gro and x,000 i submission, p e feet and any a~u~ ~~ fO°°ge bey 'every TDR transfcrrcd is 5.000 squar a TDR shall require a growth m~g~~ allotment or square feet for any single unu unlTi ~ ~ ~ p,~or to approval of final Plat. an additional TDR. The required ~' and made available according to ~ P~~ P~ ~ (~, 24. Affordable housing shall be consaucted ~ Verge Detailed Submission 1 presented in the wn~n ~~prion in the Aspen ghlands ^~ Consolidated Plan. _~, ve..irh/Air OualitY licant shall provide evtde~ that the royal of F'mal Plat by the BOCC the app ~ Con~olidattd Station 25. Prior to app ~ with P~~ sewer as provided by the Asp project will be sere ~" District, shall ~ issued until such time as the State of 26. No building Pew for the parking strucnu'e for the parlQng strucn~• The ~"" Colorado Deparaae>u of Health approves the ventilation ~o Health Depa~~ for ventilation system shall ~ P~~ to the.Pitldn County. _ review and comment. . ~~'I~~ "~~~'~I'tI I~I'~' II~ n RFS~ ppVZS SZLYZ Qmt29 09/30/1998 03.2"c. _ ,... e,T,rTU r_fltIN7Y Ca Y~ ~ soap ., ,. , 'a8e S . . ~~ gust conuni ltian -~as beea reviewed and traits shall be issued anal a ~~ ~«~, No building pc approved by the Fmvironmetual Health Deparmaem- ..+_ r PRS TY IIQt1~c.~ C~IIIL41 ~.y9. ~` 30. 31. ;Z. 33. . •~ 34 ,v control plan for all areas to be disturbed shall be as approved by the County -fie ~HV eed ~illaQe Detailed Suomission ~. ~1a:~ge' anQ ~o;,ume: red in the :~SDCn Htgnlanas COtLSU1lClated Plan• ed soils will be created with a biodegradable hydro match co serve as a dust X11 stocxpil . palliative. Maroon Creek Road snarl be completed in the rust The proposed landscaPmB~screening along : ect ettm-way• . ~w~g season after compicdon of the parking sttucntre and Prod ' onal landscaP~ as shown on the plan. The Wiltrotu Pond area snail be enhanced with additi with :aspen Highlands j/illage levels. standards. and limitations shall. comply in the aspen project Lighting will be included vements Detailed Submission Consolidated Plan- red at the same tithe ~ the Subdivision Impm Highlands Village PUD Guide to be adop Agreemetnt. tlillage Detailed be included in the ~P~ ~~ listed by scientinc name The revised landscapmg Plan sn Wil~ower species to be used Fob Valley. ~, local Submission Consolidated Plan- ve species indigenous to the Roaring Fork and cotzunon name ~ must be Hari seed source must be used with the seed to be collected from the Roaring ~idflower Valley. __,,; :., -,.e -~e..•:za? nlbmission 35. 36. 37. i . ~. wan cnaszs ..:~-....~: ', ~ ,:.r:_--- -- --- eat ("SIA")- LandscaP~ associates vision improvements Agteem be contained in detail in the Subdi of all landscaping ~octated with docume~s. shall onsible for the performance ohs shall ~ secured tluO~ Phases lhthrough 4 ~ Pezfora~Ce of all l~a~ ~r of credit, cash escrow or a o~uaram~ one of the following performance ~ The s~Y shall ~ ~ an am the County or the Ciry upon anne~~- Ietion of the landscapuzg• enforceable httndr~ percent (1009'0) of the esrimated cost of comp equal to one the specific ~~~, which includes The SIA shall spec~y a definite landscaping pl~~ base of the development- ~g for all IandscaPmB tnsrallation along ovith each P for all plant ~~ for two licant to Provide gu~a The SIA r~.asons after initial installaQOn. growing ~..~~ ass shall be ~ applicant to rcvegetate all disntrb~ ~ use of invasive grasses The avt~ m ~ of indig"cnous grasses and wildflowers and lasted shall ~ prohibited. iu,1~~II7~41l61H~~IIIM~~~~ ~?;:~~;^~~dul~TY X10. Q7- ~ ~`' ~C ~ WS. The first ~. The SIA snail include a weed control plan. partieulari!'~ in the wildflower meado g, be ermined if weed ~'"' level of weed conrol should be non-ch~~~• ~ouQh cheaticals maY P cotrol fails. shall be included in the Aspen Highlands Village ~;q. The single-tamily latwscaptng :equiremetus eniorccwle by p(~ Guidc. The single-gamily landscaping requsrements shall be spectncally the Couniti'. or the City upon annexation. and snarl' wi::::he r•ianting of a mixture or ;ndtgenous ,~, ay reQUt:. c:: revegetation c::ll diswrbed areas Massa and wildflowers. ~ A list of proposed species s ,mal paz ided to the County Land ` ~rianagez for review and approval Prior to approval or p "~ ianc species. paztictilariY invasive grasses. b) oroiubic the use of all non indigenous p c) t)rOlllbl[ landSCapC llghtmg. Tree removal will be limited to approved building envelopes and driveways. roads ~ghts-of- 40. ~- wav and utiiiry corridors. `""` rovements committed to by the applicant as part or *.he ~~~ supmtssion 4l. The landscapuig tmP licant or his assigns. ~° shall be specinc obligations of the app k elevation will be established in the ptnposedv~e• Cote is order 42. At Final Plata benciunar Qrade ~ ~ other elevation m• to provide a reference point for reconsaucted a Village variances from current Code standards will be established. in a Aspen H 43 • ~ royal. Any subseQueru variances shall ~~ vtm wide *o be adopted at final Plat apo _ _ .. „_-- __~ ~nr-~ --•ry-~ modification of the Detaiiea Suoaivtsion ;ipprova~ ~u ~ ."~-"`'~ ' "- "- -- " Permitunder which ~y Qualify as Minor Amendments co a Development rrx except for variances Code Section 3-200.50. .. _ tbowl Ne rhoods will be measured from 44. The height of all sttuc~ in the Maroon. Thunde i~o vcd by the BOCC in an adopted Aspen the grades established by a grading P~ apPro on within a building ~~ Highlands Village PUD Guide. In the case of any meal will be from the final envelo which alters this adopted grading Plan- height Pc lap which ever is morn ~ictive- {tnished grade or the adopted g P . has been adopted as shown in the Aspect 45. A topographic map of the reconstructed grade also be included in the Village Detailed Submission Consolidated Plan, and will ~ the Subdivision ~~ ~.~~ Verge p~ Guide to be adopted at the same time shall be ~~ ~ the rovemcnts Agrcemetrt. 'the.reconsaucted grads topographic inaP ~ the height of all structires m the Verge Core including ~ Pig ~ basis for mcasunng „' transit drop-off ~- . "" envelo as shown on a site P~ ~ table in the 46. All setbacks will be established by butldtng Pa will also be included in PGghlands Village Derailed Submission Consolidated Plan and .the Aspen Highla~ Village PUD Guide to be adopted at final plat approval. 1111111111 III Illll IIII IIII I llllli 1111111111111111111111 ~,„IS SILYI '"~' nnE29 09/30/1998 03 : ?~P RESOL~I _ __ _ ....u Mfl}f7Y CO "~e$OltritOYt''~'~. .~rp~ i0 ~,,, V- " e Detailed 47. Floor Area will be measured. and defined as shown in the Aspen 1^~ ~ Submission Consolidated Plan and in the Aspen Highlands Village P~TD Oeafde to be adopted at final plat approval. '"' be submitted to the County prior to approval of the final plat. .fig • Protective covenants shall ~, 49. Tie conccpu for the proposed arctutec:i:ral guidelines for the single-family units are as doctunentcd in the Aspen Highlands Village Detailed Su::::us-~n ~ =nsolidated Plan. ~. licant shall not be pemuaed to consauct any building `~~ a reflective metal roof or '~" ~U" The aPP ids to reflect light. any other roof material twat ' cnveiones. utility ~l. No development or clearing of vegetation ottuide of estabitsned butidmg~ of plats and trees corridors or platted roads will be perm:t:ed. Planting of indigenous .haa thtte feet will be """ will be permitted outside of building envelopes. No Land forms highe allowed to be constructed inside building envelopes. lap shall be as documented in the 52. A detailed construction traffic.~parking manag~~Pi~~ P the following: aspen Highlands V'tllagc Detailed Submission Consolidated Plan- It addresses fi a1 The sequence of construction: b) The hours of proposed construction for each day of the week: c) The proposed permitted delivery hours: and d) How the car-pooling, etc. will be enforced. Noise Ordinance must be adhered to ac all times ann any vtoiattons wtu ~3. The Pitkin County result in appropriate enforcement and sanctions. will be ermined by airy Higher visitor, employee. or 54. During construction. no paridng P contractor except on-sift or approved Fooling locations. ~. on the construction site. ~, SS. No dogs shall be permitted T)rai~Qe/FmtionControl . '°'" royal by the BOCC a Storm Water Managetttmt Plan which includes at a 56. Prior .to Final Plat app and approved by '~` minimum a storm water pollution prevention componem shall be Fnvtronmtntai the- Solid Waste Manager, flu State, and Director the County ~• ~~ ~ maims of the various compotuems of the storm water Health. This p e of nds. removal and disposal of silt and debris, pollution prevention. such as dratnag ' P° removal, ~~~ ~ ~ of hay bales ~, maintenance of the condition of silt fencing, and other preventative measures. subject to the Subdivision ~provemetas Agreement shall be 57. All permanent infrast~ntrc ected by the County Engineer before ac- cleaned by appii~ ~ imp _ .. I~I~I' ~~1I "~ ~I~I~~1 D~ ~~'~I ~'1 I~ ~" ~ I"III ~'II~ t'I"I : 2ZP RESOLUn oavlS SIL YI 09/30/ _99a 03 4~:n tt a . a0 0 0.00 N 0.00 PITKIN C01HTY CA ~~. ~>. i~°9..~ ~~ p~~ . 1. e . fig. Prior co issuance of development permit the zpp~ pl ~n~ls~ w the rypig~gecaiLs an~g plan for the approval of the County Eatginee • . locarions of riprap structures. o~~~ - ~_a 4~~,~n+~ De 'ic~rian Rea~iremetL ~9. Requirements for scnoois land dedications or cash-in-lieu lees shall be as per the Land Use Cede. 60. 'the Aspen Highlands Village Detailed Submission Consolidated Plan shall have vestins for a period of ~ years from approve of this resolution. but substantial progress will be interpreted after compienon of Phase I. 61. Pazks dedication wail be as depicted on drawing P of ttte Aspen Highlands Village Detailed Submission Consolidated Plan. 62. The effective date of this resolution shall be the same as the effective date of the ordinance rezoning the aspen Highlands Village: OrdinanrP No. 97-39. NOTICE OF PUBLIC HEARING PUBLISHED IN T~ ~~ TES wEEi~,Y ON THE ?rND DAY OF AUGiJST, 1997. IN'TRODUCID, AND ~sT READ AT THE REGULAR MEETIlVG ON THE 10TH DAY OF ~P1'F,11BER. 1997. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARIlYG ~N TqE 39TH DAY OF OCTOBER. 1997• .,. ~ pUBI,ySgED AFTER ADOPTION IN 'THE ON THF.~_ DAY O ~ ,1~- Jones Clerk and AppROVED AS TO FORM ~~ ~~ John IIy Att~otney BOARD OF COUNTY CONIl~iISSIONERS OF PITSIl~I COUNTY. COLORADO ~ ~ Bill Tune, Chairman DATE: :~-ZY--~~ RECOIVIlVIENDED FOR ADOPTION ~ ?lli Y ~ v ~~ ~,.3. 1g i Cindy Houben Community Developmetu Director i i~nii nmpNNi ~NI NM m m~i m nub ni nn VV-~ ~-VV w•.r~n• ..-~.. .....-. .._. _.. __ Ml'NUTES Off' T1YE MAY ~, ?D04 ATTACHMENT REGULAR MEETING OF THE -~ ASPEN/Pl'Tl~fIN CO UNTY HO USING A UTHORIT~' I. Sheri Saozone, Vice Chairperson, culled the Regular iVieeting to order at 5:00 p.m. the May 5, ?U04 Regular meeting was held in the Plazal Meeting Room, 530 East Main. Board members in attendance were Sheri Sanzone. Marcia Goshorn. David Guthrie and Dan Lauer. Staff Members in ancndance were Cindy Christensen, Operations Manager and Sandra Menter-Berry, Financial Analyst. II. MINUTES: Lauer stated chat he would like reflected in the minutes that he had to leave around 6:I S p.m. Sanzone noted two minor typographical chances. Goshorn made n motion to approve the minutes with the changes suggested; Guthrie seconded the motion. All were in favor. III, PiJBLIC COMMENT: There was no public comment for items not on the agenda. N, EJiECUTIVE DIRECTOR COMMENTS: -Christensen distributed the following documents: w . Information regarding Kristin Sabel, the new joint alternate. A memo from Chris Bandon, City of Aspen Lon; Range Planner. regarding an ~ . '~ Obermeyer COWOP Amendment and requesting the Marcia Goshorn continue to represent the Board in this COWOP process to review the amendment. 'The Board approved this request. Resolution No. 2004-03, Approving a Budget Adjustment of $1,250 for Woody Creek Mobile Home Park. Lauer made a motion approving Resolution~No. .004-03, Approving u Budget Adjustment of S1,250 for Woody Creek Mobile Home Park for the Yeur 2004; Goshorn seconded the motion. AU were io favor. Christensen asked for direction from the Board on an issue on a property located at W/J Ranch. A complaint has been lodged with Environmental Health with regards to the upkeep of the outside of a property located in W/J Ranch and that the owner is renting to an excessive number of people which causes rcgttiar overflow of the septic system. The Board directed staff to do a letter to the owner reminding the owner of the rental restrictions and checking with the Community Development Department to see if there are any violations through the County. V. DIRECTOR COMMENTS: tauer thanked staff for a good job on the Joan Patterson compliance issue. Guthrie stated that he would like to see an automatic increase of rents by the consumer price index (CPI) as stated in the Guidelines without furthez approval from the Board. Guthrie suggested that the agendas be set uP along the same line as City Council's with Consent Agenda items that do not require discussion but only approval. If _, gype~IPitfan Cwnry Ha+sinfl Auv+ority MGnuces page ~ May 5.2004 such time that a Board member would want to discuss art item, it could always be pulled ..,... and added as an action item. The Board gave direction to staff to follow the same agenda ' neair_e a.S Ci*.;;~ C;au~cil. S:.zenc suggsted I'~:I items he incorporated into the Consent A;cnda items. This will be reflected at the next Board meeting. Vl. WOODY CREEK 1VIOBILE IiOML PARK: Ben Ludlow, Project Manager, was present to update the Board on the progress of the construction of the wastewater trestmcnt plant. Ludlow suggested a groundbreaking ceremony be scheduled for May 12, ?004 at 2:00 p.m. The Board approved this date and time and directed Ludlow co inform others to this event. Ludlow stated that some digging has begun, but they arc still trying to obtain permits from the Building Department. There were some outstanding issues from the 1041 review that had to be satisfied prior to any building permit approval and Ludlow stated that he is working on completing those items. Ludlow stated that Bill Walters has given permission to use part of his land to store construction materials at no cost. The contractor will, however, do some minor work on his beam for the use of this land. Sattzone asked if a draft of the waterline casement was completed. Ludlow stated that the corrected version has just been completed and he will work with Tom Smith to complete this easement. This easement wiU be gives to GIenrt Horn. Ludlow stated that once Flom has this easement, he will be able to submit the subdivision application. Sanzone asked if the Community Development Department is committed to reviewing this application as a priority. Ludlow staled that he has been informed that they are committed to treating this application as a priority. Goshota stated that the schedule states final completion January 2045. Ludlow stated that it should be done sooner, but this would cover all bases and any minor punch list items that would need to be corrected. Lanny Curds, WCMHP Homeowners' Association Board Director, asked what the Aspen Consolidated Sanitation District (ACSD) selection of a contractor has to do with the Pazk. Ludlow stated that the Park will be able to utilize their contractor to rehab some lines at the price that ACSD is paying. One line will be replaced sad the other lines will continue to have maintenance done on them. Curtis asked if the landscaping on the neighboring properties will be completed this yeaz. Ludlow stated that it would be a good idea, but he is concerned about the irrigation of that landscaping. Curtis asked who would pay for this landscaping. Christensen stated that it is aU part of the Woody Creek Mobile Home Park so the funds would come from that fund. Sanzone stated that the landscaping is part of the Subdivision 1"iJD submiaal.and cannot be done anal such time that PUD approval has been obtained. Curris stated that Tim Whitsitt, attorney for the Homeowners' Association, provided a contract to Tom Smith and they have not heard anything more. Christensen stated that there are a couple of issues that need to be discussed and that hopefully a contract will oe brought back to the Boazd at the first meeting in Tune far discussion. Curtis stated that a tenant in the Park has the ability to purchase a new unit now and would like to store the unit on the property until such time that the lots are subdivided and ~upen/Pitkin County Mousing Autt-Onty MMuIAS ~ Page 2 May 5. 2004 ,. "` he would know which lot he would be purchasing. Curtis stated that he is concerned with this since he is unsure when development will actually start. Lauer stated that the property is not designed for storage. VII. GRIEVANCE )tIEARING: Joan Patterson's attomey, James A. Knowlton, provided a letter to the Housing Office requesting that this be pulled from the agenda. Ms. Patterson has agreed to vacate her unit no later than June 15, ?004. Goshorn made a motion that a Setttement Letter was received from James A. Knowlton, attorney for Ms. Patterson, and tbat this matter has been resolved; Guthrie seconded the motion. All were in favor. VIII. ACTYON ITEMS: A. Request to Increase Aspen Country Inn Rents: Bill 7uite, Property Manager, was present representing this request. Tuite stated that all of the other properties have been analyzed as to how the rents are increasing. The rental increase for Aspen Country Inn (ACI} has not followed the methodology stated in the Guidelines. Tuite is requesting approval to recoup the CPI a inc that were not taken advantage of in past years. Lauer asked what the tenanu say about this. Tuite stated that this could become significant since some of the tenants are on a fixed income, but that he would inform them what is being planned for the project. Tuite stated that ACI has also experienced a turnover rate of IS% this year, which is very unlikely for this property. Lauer asked if the increase was palatable. Tuite stated it was not out of line. Goslorn asked if they pay. their own utilities. Tuite stared that they pay gas and electric. Goshom recommended CORE do an energy study to see if anything else can be done. Tuite stated that he plans on insulating all of the hot water closets since they had some freezing this winter. The hot water heaters are located in exterior closets so that the insulation should cut down on their utility expenses next year. Guthrie recommended that the rent should be an automatic increase by CPI each year as stated in the Guidelines. Guthrie suggested contacting CORE for help. Mcnter- Berry stated that the Board can agree to do automatic increases for the tax credit properties, but that City Council controls the e~~»; properties. The Board Heals to let City Council know that they would like automatic increases. Lauer suggested drafting a resolution to this effect. The Board agreed to the increase as stated in the memo and directed staff to bring back a resolution supporting the need for automatic CPI increases as stated in the Cruidelines for all properties owned by the Ciry. i B. Review of Aadited 2003 Financial Statements for Aspen Country Inn and Truscott Phase YI: Menter-Berry stated that the audit foi the two tax credit properties showed no findings or issues. Both properties are doing well from an accounting standpoint. There are no receivable problems and that all NSF fees andlor late fees are being collected. Aspe~lPiUci1- County Fbuslna Au~hority Mlnules May 5.2004 Peas 3 , H ~- C. Review of Aspen Highlands Village Audit: Bob Daniel, representative for Hines, was present. Christensen stated- that an audit of employees was required one year ' after completion of Phase Four of the development of Aspen Highlands Village. After reviewing the findings, staff recommends thac the Board find that mitigation for this development has been satisfied and that it has provided an additional credit of ~' 14.89 FTE's. The credits would not be ~ ~sromatic. The applicant would need to go s through the proper chapels to utilize this credit. Christensen stated that she would recommend that at any time a credit would be used, that some type of minor PUD amendment be recorded so that the credit can be tracked. Daniel stated that he is requesting that the Board make a finding that mitigation was ~~ satisfied and that there are a total of 14.89 credits, and that the audit required wa_s fulfilled. Sanzone asked if the credits could be used elsewhere. Daniel stated yes, but only with further action. Guthrie made s motion that the Housing Board reviewed the findings of the y audit and concluded that Hines Highlands Limited Partnership has satisfied their mitigation requirement for the development of Aspen ldigblands Village; that the audit cdaciaded that there is a credit of 14.89 ms's; Hines Highlands °' Limited Partnership_may seek a credit of 14.89 h'TE's to be used on other Pitkin County projects; anti that at sdch time that any ere 'ts would be utilized, that the credit be anted in a recorded document until such time as ail of the credits are uttlixed. Goshorn seconded the motion. ROLL CALL VU'TE: Goshorn, Sanzoae, Lauer and Guthrie voted yes. Motion passed. There was a motion to adjottm anti it was seconded. The Board adjourned its regular meeting at 6:20 p.m. THE ASPEN/P1TICIN COUNTY HOUSIlVG AUTHORTI'Y S attzo a Chairperson Maureen Dobson, Executive Director AspervPltkin Ca,nry Mouslnp Autl1o111y RAirNnis MsY 5.2004 Pape ~ J 0 • ~ Jl ~ c N O > ~W ~ i ° o o ~ ° v y ~ N ~ N- ~~ oN ~ ~ ~ ~ ~~ ~ Q c~ y ~~ O 3 ~ 3 c _ J ~ J - ~O ~ c ~ 0 0 ~ ~ c E J O n- N c 0 3 ~ ~ ~ ~ ~ < W ~ 0 0 0 0 0 c 0 0 ~ ~ ~ ~ ~ _ J J LL ~ .. a(~ X 0 aZJ ~~ 0 d~ V _Jw n ~ ~ ~ 111 ~~ . W dW~~ ~ ~~~ n n ~~ ~ ~.~~ ~ ~ ~~a ~ ~ ,\ ®, O 0 ~ is 9 u o~ _ W~ 1 b~a~ ~_ _ ~~~~ V] ~ I ~ A r~ ~s ~ ~8 ~~ d Ea-" ~ N ~M ~~ M1 ~- ~I cV r y ~ O L 1 a z i ~O ib~, ~; s ~~b Y a~ ~. ~~9a Q o:~; ~ »A.- W ~~w i ~ V h ' ~~ C r I ... ___ .. ..... I ... _. __.-- I ~~-----_-"-- .... - r~;.,,~' `:~4~pa ffD~MIIItS 'A~Yt11 _ ~ .. -- - .ate . _, , - ~-- ~i ~ ., ,_ - 3 4 ~ o ..ear . :. ~7~i 3°i1.. A ~ ~~''~~ ,MAY ^~ F. Certificate of Occupancy Aspen ~ Pitkin Community Development Department This certificatt issued pursun»t t~ the regr~iremenrs of section 109 of the 79y4 edition of the uniform building code. it eertiftes Char ar the dare of isstrartee, the strucrrrre as cIescribed below was in cornpliartce with the various resoltuiorts and ordinances regtrlrtting btrildirtg eonstnrction and use in rIris jurisdiction. Uso Classification: Multi-Fatuity Residence , Cotwz-ercial 13uilding pectrrit: 8-283 L,egt-I Description: Aspen Htgh{ands Village PUD, Block D. LotQ~ Suilding Address: 133 prospector Road O~vnar of Building: Hines Highlancli Limited Parmcrship Owner Address: 426 E. Msin Street Ada, CO 81611 F=~ouD; R-1 rYPe Cottstractlon: V-1 Hour .o Zone: ' ~criptton: 26,004 squsue feet includes the following residential ,its: 2n0 floor includes five one-bedroom. two two-bedroom. one rcG-bedroom. two Sour-bcdroorn; 3"` floor ineludec two ot>z-bedroom, to two-bedroom, four three-bedroom, one four-bedroom. '1't-e {towing commercial unit is also included: 14r~ square feet rcta=l -d restaurant. :otnmenu d: ltestrictlons: Two majestic gas appliances ~ ~ ~L Ch' f Building Offic al ~~ tun:: In ap oceupAnettf. rzecpt N. thh ttniticate nu>st be panted to a eQrsp~ i0asa scar the male exit on liu pre~d~faor a hit Iuha=wt'an•- ~p~p,oai ortBe M as~+ d tbrs~ citscnbed prcmix~x or patio 4uitdiD~ Ofitoial rhaU ncga¢ thix C.O. and subject it to rcvocaGOO. ~~~~~ • E110t)~: . -_. ---- K-~ !~'~. F :76",k':4 Uy:UNiq ~ta~-ninaa naru~ ~,~ •~ .~ ~.~ ~r ^ • • i .+ • hf + r - ~~ A .. ~ ~ Cert~~icate, of . Qccupancy :~ • Aspea ~- Pithn ~ . ~~ ~ ~Conununity Development DepRrtment . Thb urti~eatt isatesd pt{rsuant to tht se4wrenrerru of siction ~` 10~ of the 1997 tdition of rhs iniform binding code. it eCrtrftss . that at the dak ojlssia:ix, tlsc structure as described blow was • in co»tplfance with the vcwiorv resoluttans aid ordinuttces ,, ragtilating bidding con:ituction acrd use in this jr+risdictian. .. ~e (aaasiticadoti: Hotel ~ . • ~ BuUdlnt Permit: •02502000 . ~' ~ • • yegai Descrlptloa: ' Aspea Fliahlsnds Village P'iJD Bldg g2 ~+, ~ • • , • Buildht~ Address: 0197 Prospector Rwd Alpert, CO 81611 ~„ ~~ Owner oft Bttild6sa: Huai Highlat>ds iinmdted Pstpursliip •' ,',""-",'~-+r"' ~ Owner Midcess: P.O. Box 10087 P,epaa. CO 61612 '""" - Gam; A 3/M 'rlpa Cotutructiea: III-1 H'io7tr yaw ~'~• ~ : ~ ~ ~ Use Zeue: SKI pit ~ . • Dcscrlptioaa - Fourstoty hotel of 84.x00 sgoa:e fcet. The basetnetrc '`"~ . eonsitas of nsecbanicst roomy. stongo •std psrki~ spaces d om - is occesiibls std tw+o ace van teceastble. T'he 9rst lave! ooaenits of retail . '~'"' space; h„o >)neecing roomt(969 & 1125 -sgaste'feet t~peai+-ely), haatdt smarides. lobbq sod i all of which arc oow and shelbnly, and . ~ one fobbysod onatwo-b.Y gArs6a. 77~a upper ttree floors consist of 2b tourist aa~odstian units of which foot are type B acceisibility, turd `~" ~ .. one affaadsbie housin6 unit which is type ~ accassibBity. • . ~° ~ ~Conoaaents d< Rmtrittldae: Two gar log fiaepkcec sad. twenty sat decorative 8u ~• • • ~ . ~~ '~ ' • tuW~B tai pate . ~ fiats" Lt all oau0•sdaR'tocept R, rhtt arplFsats wnrt tie poited>a a taatpteww• awe tfre atstto s+dt staeMO preotui to wLkh K b Mtaad: M' attesapa' «ws ' ot~iLta AtsfelNfM P~mbar °r Papas ~tOt wisttost the ~Irsa appwsYa(eba Bat1d'mP Otfie:lat dun aeW" felt C.O. ta0 sobleoc it to>~oosdaa. . , • ... .. I ~, ..~ a ~ • ~' ` Y • • '.1'.. .l'.• 7. 1, . ~l~ z. ~~ ~`;, 1 1 ATTACHMENT ~~ Final Draft 7 ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN ~- ~~' . ~'~` (__ ~~~ ~~ ~It Prepared for ~ (~~ > \ V` !,~ ~ ~ ~ NINES ~ ~ ~` ,. '~ ~~~ ;~~ 426 E. Main \~ `~', Aspen, Colorado (970) 920-1801 w Prepared by `"" Davis Hom Incorporated 215 S. Monarch Avenue Aspen, CO 81611 ' " (970) 925-6587 September, 1997 I ~, !, ~`~ ATTACHMENT ~~ _ A RESO.I.,L'°TI1N OF THE BOARD OF COUN'T'Y COMMISSIONIi~S OF PTTKIl~I COUNTY, ~~ ~"' COLORADO. GP;ANTING DETAII.ED SUBMISSION. PL~NYYEU UNIT DEVEI,OPII~NT, 1041 E~titi?RONMENTAL HAZARD REVIE:1.:~~1D SPECIAL REVIEW ~iPPROVAL. TO THE ASPEN HIGHLANDS vII.L~GE PUD Resolution No. 97-• vim? :~.:.^itais 1. Applicant. Project Location. and Approval Requests - HILP Mountain Limiud Partnersiun, Aspen Highlands Mountain Limite~ Liability Cot®am, Aspen Highlands Skiing Corporation. Whipple Van Ness pones and Hines Highlanas Limited Partnershro.:.hereinafter referred co as "applicant" ~ have applied to Pitkin County for approval of the .lea Highlands Village ("AFiV") project. The application speciftcaily guests approval for Rezoning, Sre~ial Review. Growth ~~tanagement Quota Sysum Allotments ("GMQS") and Detailed SubmissioniPl~tuted Unit Development ("°UD").:'he :aspen Highlands Village site is located in the JZaroon C:~~ Vallev at the base of the Aspen Highlands Ski Area and contains approxitnateiy ; 0 acres. The pazc.i is more specii3cally described in Exhibit A. The SubdivisiottiPUD General/Conceatuai Submission was approved with conditions as evidenced in Board of County Commissioners ("Board") Resolution 96-i41 ("Exhibit B"}. -° _ 2. Existing Uses -The subject site is improved with the Maroon Creek Lodge three ski lifts and the Aspen Highlands Ski Area base area facilities and a naziang lot containing approximarPlp',42 off- .;~. street pazidng spaces. Existing buildings contain approximately 39.194 square feet of commercial -~ space, 1,970 square feet of skier services, and 13 tourist accommodation units in the Mazoon Creek Lodge. In the lau 1980's Pitkin County issued a demolition permit to demolish the Highlands Inn which ,~,~ contained forty-nine (491 tourist accommodation units. s00 souare feet of retail space aad =.~t>0 souare gee: a gar ~.IIQ :~statuant ~pac~. ~,1e .ziLruanas illn was aemoeisnea SuDSeauent to the issuance of the demolition permit. 3. The Plan -The land use actions identified in the title of this resolution are the second step in the approval process necessary to enable the Applic~ to demolish all of the existing buildings az the base of the Aspen Highlands Ski Area and construct Alit'. a new mixed-use village on the siu. The Plan summarized in the Aspen Highlands Village Detailed Submission: Consolidated Doctmm~ts, Sepumber 1997 constinues the Site Specific Development Plan as deemed in Section 6-x.7_ of the Pitlon Couatp Land Use Code. The AHV Plan i~ludes the following elements: • Thirty-one (31) single family detached free-market dwelling units, ~ Thirty-two (32) townhouse free-marlces residential dwelling amts; • Seventy-three (73) tourist accommodation units; ~"" Thirty-seven (37) Category 1 dorm amts (housing 61 people); :~r Twenty-two (22) single family Category 4 affordable housing sale units (4 bedroom); • One (1) single family Caugory 4 affottlable housing sale unit (3 bedroom); • Twenty-eight (28) townhouse Category 3 affordable housing sale units (3 bedroom); • Eight (8) Category 1 and eight (8) Category 2 multi-family sale units (1 bedroom); • Three (3) Category 3 one bedroom rental units; '" Four (4) Category 3 two bedroom rental units; • Ten !10) Caretaker Dwelling Units; ~III'I MINI illlll 111111111111111111111 III 111111111IIII 4 -7Fi'~O 014 /'to1 i ~ Con rf~ _ n.,.. ...-...... ~~ _-- _-- -- . -- - -y LIST OF TA1~I.1~S , TABLE 1 Aspen Ighlands Village: Land Use Data 3-4 TABLE 2 Aspen Highlands Village Detailed Submission Consolidated Plan: Multi-Family Affordable Housing Units TABLE 3 Aspen Highlands village Detailed Submission Consolidated Plan: Affordable Housing plan T~~ 4 Aspen Highlands vUage Detailed Submission Consolidated Plan: Commercial Space TABLES ~P~ Highlands Village Detailed Submission Consolidated Pfau: Total Non-Exempt Floor Area by Use T~~ 6 Aspen Highlands Village Detailed Submission Consolidated plan: Total Non-Exempt Floor area in Village Core by Building W.. T~~ 7 Aspen Highlands Village Detailed Submission Consolidated Plan: Total Exempt Floor Area by Building & Use `"," TABLE 8 Aspen Highlands Village Detailed Submission Consolidated Plan: °~" Off-Street Parking plan by Use ~~. TABLE 9 Aspen Highlands Village Detailed Submission Consolidated Plan: '~` Proposed Free Market population in the Affordable Housing Overlay Zone TABLE 10 As en Hi P glilands village Detailed Submission Consolidated Plan: Total Non-Residential Employee Generation TABLE I 1 Aspen Highlands Village Detailed Submission Consolidated Plan Tourist Accommodations Affordable Housing Exaction TABLE 12 Aspen Highlands Vllage Detailed Submission Consolidated Plan: Independent Commercial Space and Accessory Skier Services ..~ Employee Generation "~" TABLE 13 As en H p ghlands Village Detailed Submission Consolidated Plan: "' Tourist Accommodations Employee Generation TABLE I4 Aspen Highlands Village Detailed Submission Consolidated plan: ""' Independent Commercial Space and Accessory Skier Services Employee Generation . ~" TABLE I S As n Hi pe ghlands Village Detailed Submission Consolidated Plan: Affordable Housing plan 7 8 9 11 12 13 15 22 23 24 25 27 28• 28 ~'° x ~,. U U Aspen Highlands Ytllage phase ~ 1 construction plans include installation of roads, utilities, Ytllage entrance and exit. As noted in the Revised Maroon Creek Corridor Transportation Plan (see Appendix 2), it will not be necessary to institute remote ski area parking until the winter after phase 2 is initiated because there will be in excess of 562 surface ski area parking spaces. Construction of phases 1 and 2 may be combined. TABLE 8 ASPEN ffiGHLANDS VILLAGE DETAILED SUBNIISSION CONSOLIDATED PLAN: OFF-STREET PARKII~TG PLAN BY USE* Dwelling Af~fordahle Ht>LSing jjnj~ ~ Dorms 37 28 One Bedroom Units 19 24 Three Bedroom TH 28 42 Two Bedroom Units 4 S Sub-total 88 99 Tourist Accommodations 73 73 ' " NA 450 ~lla8e Em~y~ NA 58 Total Parking 680 ' Pariong far ilu frx-marled townhouses and all 'Ibunderbovvi end Manion neighborhood unib is provided on individual lob and not included in this data. • • 135 slo area off-site pedcutg spaces will be located at Buttermilk. Buttamilk/Aspen Highla~ skier shuttles shall tun daily. Remote doer perlong will not be required until the winter after phase 2 cansoructia~t is initiated. Consuuctian phases 1 and 2 may be combined. Souse: Davis Horn Iooorporated, Robot AM. Stan Arcbiteds and Febiburg Hoh At Wevig September. 1997 All off-street parking servicing the Vllage Core and skiers will be located in either the skier parking structure or under the Vllage Core as depicted on drawings A003, A004 and A005. 15 ....... ~ _._~a..,,,....-,~.~. )0~5j-f~2]2-0~j6Q 04t:5t2p~ Fros-NINES ASPEM 9709203829 T-962 P.05/05 F-834 4't/ T.~G/ 2CiL~ iJ~ i b t ] [ LJirvr+•~ ATTACHMENT Z ~ ~~~ ~S ~ ~~~ 4~~Z'~ 07.3 pBC~ 81011 .. ~3~S~T. CpLQ~ Ma"~t ~2, 2006 ~, J~a.fer Phel~ . City Q£ ~~' ~aAL3e p~,~nex ~eaioa~ ~Galens gt~et 130 SaUCo].o~ad~ 81611 ASPea- ilia9e ply' gait Deve1opt 3131e~C~Lp~tt fie; ,As~exx Siq~landa Q gea'~ ~~if e~ : gated to submit a lan Unit jri.s ~o~ ~~0~ V~.llaga ~1~Qd Thi6 1etCer autho~i~Che p ~peaci Highlands tion. p'iea5e contacC . ap~l~.#at~.on foa~ erit r ~ ~~gs in Use $xert-p p+avelapm~t AmeadR- additional ~farm~,tion. me if You seed ~Y giace~ely, gg~'I RQ L ,~ 05-22-06 04:52po Froe-NINES ASPEN 9709203819 T-882 P.03/05 F-834 8418212896 11 . n r a r u m=M..,...~ ATTAChfi1WIENT?~ GITY QF ASPEN COMMUNITY DEYEi.OPMENY DEPAFtTM1=N'i plat for Pnrment of C~ v of As~.~ o+'~°~ Apritiea n ees ~ ~,~~~,L OF ASP,i~N (h~rcir-a!!ar C!'rY? ~ _~ ~ nc'`~• ~'t l.'~l~n~ ~~ ~" ~ ^~` +? Cl'CY ((h„geinaftcr nppLlCAt+17'j AGl2F.~ AS FOLLOWS: f ~i.~t, ~' t ~~iC~ ~ Pk-...~-.~.~~•Mi~~l'ie:~ion f ~ ~'i~'ti.~ ~-~ 1'~ iC1TZ+..~^l (bc~ nafttt, THt~ pRO7LC'T~. «~ CIx'X t?Xr ,~lSlpEK 2_ APPLICANT ~ ~ ~'~ ~ ~~` of Aspce Ordiuartos Nn. 57 (Seriae of X000) eetablishcs a tme strttctura tar Land Usc appGcatio~ artd the paymmtt of ati pruc+essirt8l~ is a c~pditi0r- pteeedcnt to a do~oetTnit-ation oFapplieatiott eott+• 3. APPIICANT and CITY a,~roe that Uecdttse of tpE size. ox st~pe of the P~P°~d Prujeot, it is not pot6ible at his time w aseaaia the fir!! exeeentt of the costa igvOlved 'iti proeessttag the t#tat APPLICANT _ appl;retion. APPLICAM' sad ~ ~ ~~ txiats m be Ap'Pi.ICAN7' ou naaice payment of an igitlal deposit a tctottttRly bans. APPLIt..AN'[ agrees additta~nal soets mt4- ascrtte fol~wittg f!>ttr ~tl rgaloe ~. apprmralaa: APPLICANT' agrees he will be bocteftted by tedxamt$ gte'sttr Cash liqut&t3' additic~ai paY ~ ~~ ~' ~ t~Y vvlten dtty aue necaseaxy as eaafs aw ittctus'ec1- CI7Y ;t ws11 be berated through tt-e +' ce~t'miuty of recoveti¢t8 its fnA torts to process . A,P'I'LICANT'S applicstieHt. 4. CI~'X ar-d A~I.tCANT fitttb~c a~cee that it is ale tot QTY staff to processing or Trrsseitt suffic~-t ~ to tiJe Ply Cceasrtisiion and/or ~ Catas~l to eaeble tlta Plattxung C.arurtissioa aadlar City C~wucil m msico icgallY ~ Pt+9iec~ consid~ti0u, unlesa curr~a bdlTiogs are paid is fitlt prior to decisiu~t. 5. 3hcnfore, At'PLICAN'f agrees that iu cat+sideretivn of'tlta CTt'SC's waiver of its tight to eollecx full fees p¢iur to a doh of ap~plicatian ~, APPLICA,Nr attrtll g13- sa u-itist deposit iYt the amotmt of wlticbss fQt ~ ~, ~3 Oi' Coarmounity Ixvetopt7~t S~ tiree, artd ~' actual caws e7u~d that iaiti0l deposit, AP'FI:dCANT shall pay add;ttiQOal rtvotttltlY bt'il"tag~ io CITY to roimboatse the CITY far the pt~ocestigg oY tba application maotiot'icd ttbov~e. itwln~tg post approval review at a mte of S?~D~~ per p l~ over the ibitie3 deposit Sndt pari~odia paymprts shalt be mado within 3t1 daya of dts bialigg dew. APPLICANT fs9cdtar agrees that it-~e to pay auc3t accreted cast9 shall be gr for suspeass~ of ~ mtd in ao case wilt l><tilding pewits lw issued until alt costs associated wi$l ~ proceasn$ have beoa P~- ~'_ Claris li~dau Cetttatuttity peveloptae~t QirnoDr ~:tsupportVarn.sLg~aayasdoc I1/3tIl0A A>'PLICANr ~1'= Dore: ~~ SiUhag A,ddrep aad TeTephoae I~gmAet: ~-~~~~- ~~. ~l~,tt RETANV FOR PE~I~Nr Rft;p~p e. ;. 05-lT-08 04:03ps From-NINES ASSN 9709203829 T-BT3 P.08/09 F-B1T Owner Name: Hanes Mighlartds ltd partnership Type: Primary Address: 426 E Main St Aspen, CD 81G11 ~ Property Address: Aspen, CO Account number: R419025 Parcel number: 27351.4213553 Sub-divlsiori: Condo: Aspen Highlands Condo Ph 2 Neighborhood: HIGHLANDS VILLAGE Area: 086 Legal: CQNDO: ASPEN HIGHLANDS CONDO PH 2 t,and No items found. ~uiiding{s} :C-2104 Type= Commercial Value: $1,099,i0Q.00 Description: (iIGHLANpS RETAII. CdNDQ Actual year bunt: 2002-O1-01 00:00:00 Square feet: 2959.p Bedrooms: Bathrooms: Stories: 2.0 Architecture style; GUgD-BASE Constnaction quality: GOOD-BASE Type of heat: GoOp-BASE Roaf stru[ture~ GOOp-BASE ' ~ 1 ~ ~ http:/(www.mitchandco.cornkealest~Jpitkinfpmpea#yUisplaY-c,~,~oemtNo~ROl 9025 ~~ ~~ 5/17/?006 ~'roperty Information SearClt 3 ~eS~s > Detail View Mang -- 05-1T-OB 04:03wa Fr~HfNES ASPEN ~~ Roof cover: GOpD-BASE r l:xteriar wall: GOOD SASE No items found. 9709203829 T-673 P.OTl09 F-917 ~a.,1~~h ~ S~~ult~ y Detail ', Copyrfgh# ~ 20U2 lUlit t !~1$j.C~r panv_ Ind, Af! Rights Reserved. View~a~ hitp://Www,mit~h$ndco_com/realestate/pitkia/propertyyT}isplay.cfin?Acco,~ntNo=R019p?4 5/1712046 ~, 05-I7-09 04:03p~ Fran-NINES ASPEN 9709203929 T-973 P.09/09 F-917 Owner Name: Mines Highlands Ltd Partnership Type: Primary Address: 426 E Main St Aspen, CO $1&11 t Property Address: Aspen, CO Account number: R019024 Parcel number: 273514213552 Sub-division: Cando: Aspen Highlands Condo Ph 2 Neighborhood: HIGHLANDS VYLLAGE Area: D$6 Legal: Cr3Np0: ASPEN HiGHLANpg CONDO PH 2 f r _ ti+ -21.03 JJ ~z-- Land No items found. Be,ildirsgts) Type: Commercial Value: $123,200.00 Description: HIGHLANDS OFFICI CONDO Actual year built: 1999-01-01 00:Op:00 Square feet: 647.0 Bedrooms: Bathrooms: Stories; 2.0 Architecture style; GOOD-BASE Construction quality; GOAD-BASE Type of heat: GOOD-BASE Roof structure: GOOD-BASE ~ j~~ ~ bttp:l/www.mitchandco.com/restatelpitkin/praperryl'3isplay.cf»?AccountNo~R019024 5/17i?006 Property Information march 3 3ei .s. > iDetail View Maa 05-1T-06 04:02pm From-RIMES ASPEN Roof cover: GppD-BASE ~xteriar wall: GOOp BASE Impr©vement(~) No items found. 9709203829 T-BT3 P.05/09 F-B1T Search! ~ Res~!#~ ~ Detail Copyright ©2042 Mlfitchel~g, Comp~gy, fnc- A-i Rfghte F2eserv~d. ~~p http://wwvy.mitchandco.com/re~testate/pitkin/propertyAisplay.cfm?AccountNo=RQI90~2 5!17/2006 05-1T-06 04:02pm From-NINES ASPEN 9709203829 T-873 P.04/09 F-8t7 Z t")wnsr Name: Hines Highlands Ltd Partnership Type: Primary Address: 426 E Main St Aspen, Cp $161I ~ Property Address: Aspen, CO Account number: R019022 Parcel number: 273514213550 Sub-division: Condo: Aspen Highlands Conda Ph 2 Neighborhood: HIGHLANDS VILLAGE Area: t?86 Legal: CONDO: ASPEN HIGHLANDS CONDQ PH ~ Land Na items found. Builcfingts) Type: Commercial Value: $230,700.00 Description: HIGHLANDS RETAIL CONDO Actual year built: 20x2-01-a1 ao:QO:00 Square feet: 621.0 t3edrooms: Bathrooms: Stories: 2.0 Architecture style: GpOD-BASE Construction quality: G40D-BASE Type of heat: GOtJD-BASE Roof StruttUre: GQ4D-BASE 2101 ~1V ~ ~ hztp://www.~nitchandco.com/realestatelpitkiptproperlyDisplay.cfrn?AccountNo--R.Q19022 5!17/2006 Property Information Marc ~ R~~ults ~ petal! View.N Mai 05-17-06 04;02p~ Fro~-HINES ASPEN Roof cover: GOAD-BASE Exterior wall; GQOD BASE ImprQV~meral;(~) w No items fond. 9709203829 T-873 P.03/09 F-817 S~~.rct~ ~ Results > Detatt Copyright ®2002 ~-~e I~.C~P~Oy,.lD~, All Rights Reserved. ...a ;.v http:/lwww.miteliandco.com/realesstatefP~~~PrYDjsPlay.c~&n?AccauntNa=R0i773S V~~M. aA 5/17/2t)O6 05-i7-08 04:02pn Frog-HIKES ASPEN 9709203829 T-B73 P.02/09 F-B1T i t7wner Name: Hines Highlands L.td Partnership Type: Primary Address: 426 ~ Main St Aspen, CO $1611 + Proper#y Address: 133 Prospector Rd Aspen, CO Account number: 8017735 Parcel number; 273514213050 Subdivision: Condo; Aspen Highlands Cc-ndo Ph 1 Neighborhood: HIGHLANDS VILLAGE Area : 086 r,~ Legal: CONDQ: ASPEN HIGHLANDS CONDO UN :C-4102 L.a~pd Na items found. -.~._,~_~ Built{iag(s} ~Ype: Commercial Value: $430,000.04 Description: HIGHLANDS RETAIL CONDO Actua! year built: 1999-O1-OY 00:04:00 Square feet; 3343:0 Bedrooms: Bathrooms: Stories: 2.0 Architecture style: GOOD-BASE Construction quality; GOOD-RASE Type of heat: GOOD-BASE Roof structure: GQOD-BASE ~ f~ ~ ht1p://www.mitchandco.CO1TI/Te~1BStAt~ItIQ11JpT(yPer~7~$Pi$y.cf~?AccountNo=18.017735 5/17/2006 Pr+~p~rty In~Formation Semi ~ Re~uilt~ > Detaii view Map r~: ~; ta;7Ubourrage et a secnage rap~c c -- --~ - www.avery.wn~ ~~- i~ !.abarit 5160® ~'' .~ ' 1-800-GO-AVERY ,.~ - ttHINES HIGHLANDS LTD PARTNERSHIP HOLLAR SETH A ,,,,426 E MAIN ST 115 BO:.~/~rLE4,ANG RD #5403 ASPEN, CO 81611 ASPEf~, CC? 8''611-4314 ~+JOHNSON TEREE L PO BOX 4884 ASPEN, CO 81612 JONES RICHARD MC CULLOCH JR 1501 MAROON CREEK RD #5 ASPEN, CO 81611 KIKER KART & JOHN R '"0039 BOOMERANG RD UNIT 8121 ASPEN, CO 81611 „q s. LYONS MICHAEL 1690 HOMESTAKE DR ASPEN, CO 81612 .~m, MBEREKO ISAAC TP & LAUREN P PO BOX 10296 ASPEN, CO 81612 MILLER DANIEL K & NANCY L -~. 2916 SUFFOLK LN FALLSTON, MD 21047 '""" NETTLETON ANDREW 0199 PROSPECTOR RD #3102 ~" ASPEN, CO 81611 RANDEL BRAD & LINDA '~` 0199 PROSPECTOR RD #3108 ASPEN, CO 81611 ~~" REED TIMOTHY G 8~ LYSA S ~ 0199 PROSPECTOR RD #3105 ASPEN, CO 81611 ROMERO DWAYNE L 1/5 ""' C/O DONNA GRAUER 426 E MAIN ST '"" ASPEN, CO 81611 LISMAN ADRIANA PO BOX 9460 ASPEN, CO 81612 MACHUCAJOSE SIBRIAN JENNI 0199 PROSPECTOR RD #3111 ASPEN, CO 81611 MCCANN KEVIN J i~ ELIZABETH 0199 PROSPECTOR RD #3113 ASPEN, CO 81611 MORSE ROGER 133 PROSPECTOR RD UNIT 4212 ASPEN, CO 81611-3390 PARKER DAVID W 1/5 C/O WINTER PARK VILLAGE MGT CO 2800 POST OAK BLVD STE 4800 HOUSTON, TX 77056-6123 RECH LAURIE & CHRISTOPHE 0199 PROSPECTOR RD #3109 ASPEN, CO 81611 RITZ-CARLTON DEVELOPMENT COMPANY INC 6649 WESTWOOD CENTER BLVD STE 500 ORLANDO, FL 32821 ROOKASIN IRIS 1501 MAROON CREEK RD #10 ASPEN, CO 81611 ATTACHMENT ~y JAWORSKI KAREN 39 BOOMERANG RD #8123 ASPEN, CO 81611 KEATING CHRISTOPHER J 8 SUZANNE f 0199 PROSPECTOR RD #3107 ASPEN, CO 81611 LYONS DAVID C 0155 BOOMERANG RD #5409 ASPEN, CO 81611 MAROON NEIGHBORHOOD TOWNHOME ASSOC C/O JOSHUA & COMPANY MANAGER 300 HUNTER ST ASPEN, CO 81611 MEYERSTEIN TRUST 5555 TELEGRAPH RD COMMERCE, CA 90040 NERAL CHRISTOPHER J 0115 BOOMERANG RD #5405 ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 RECKLING THOMAS R 8~ MARGARET W 5203 BRIAR DR HOUSTON, TX 77056 ROCKY MTN CATTLE VENTURES LLC 300 S HUNTER ST ASPEN, CO 81611 RYMER PATRICIA A TRUST 1200 N LAKE SHORE DR #M1 CHICAGO, IL 60610 u,0915 a„A~3^d 1`9/11 ~la3A`d-09-008-L ~~ c~0915 31t/1dW31.r~tiant/ asn ~ , , wor/Gane•nnnnnn 6u~auud aa~3 a6pnwS pue wed IIT,p?Y2~'S"Cfi'+ %` ' pF' ». ~ i-i ~ceryage rapide ~ 46411f°f .+. r *'~i r`~ 7+.' - .- o AVER®~ l6®~ SAUDERS STE'~~'~: SCRAPER ROBERT P SCHILLE JOHN JR & JIE DONG 0199 PRi)SPE':;1~`;,~; hD #3104 0133 PROSPECTOR RD #1201 PO BOX 10403 ASPEN, CO" 81F1? ASPEN, CO 81611 ASPEN, CO 81612 SEIDEMAN ROB & KELLY HAIL PO BOX 11424 ASPEN, CO 81612 SHANKS ROBERT H 0115 BOOMERANG RD #5304 ASPEN, CO 81611 SILVERA CHERIE R 133 PROSPECTOR RD #4305 ASPEN, CO 81611-3391 wry SMITH SARAH PO BOX 6235 SNOWMASS VILLAGE, CO 81615 SPOFFORD FRANK PO BOX 2535 ASPEN, CO 81612 STEWART MILTON M JR 8~ CAROLE C 0115 BOOMERANG RD #5103 ASPEN, CO 81611 THOMPSON JESSE ""0115 BOOMERANG RD #5408 ASPEN, CO 81611 TUCKER AMANDA D ,~, PO BOX 11500 ASPEN, CO 81612 M YU WEN-SRI 108-81 AVE KEW GARDENS, NY 11415 THOMSEN CERENA E & CHRISTIAN 0199 PROSPECTOR RD #3103 ASPEN, CO 81611 UMBARGER MARK R 0115 BOOMERANG RD #5407 ASPEN, CO 81611 TSOU MICHAEL & ANGELENE 1501 MAROON CREEK RD #11 ASPEN, CO 81611 WITT PATRICIA 0115 BOOMERANG #5109 ASPEN, CO 81611 _ _ ~ Jlli3AV-09-008-C ~ n0915 3ltfldW31 r,IGany asp ALVARADO ANTONIO ~ `~ ~-`~-` '~" PO BOX 878 ASPEN, CO 81612 ,,~„ ASPEN HIGHLANDS CONDO ASSOC iNC C/O CONTROLLER ,wr 0075 PROSPECTOR RD ASPEN, CO 81611 BIGGINS KENNETH MARK ~` 0115 BOOMERANG RD #5406 ~,,, ASPEN, CO 81611 >~1rtiDA JON A r`;a:~ -~I~ ;~~?~!DS COMMERCIAL 96 FOREST AVE t ~ET.~C..~iS' RYE, NY 10580 ~ 1~ `''.^ "'ir'i~+ ST #304 ~;Su~°<, ~~L' 81.611 ASPEN HIGHLANDS VILLAGE AFF HOUSING C/O ABACUS BOOKKEEPING P O BOX 9164 ASPEN, CO 81612 ASPEIi SKIING COMPANY LLC PO SOX 1248 ASPEN, CO 81612 BURROWS HUGH & SARA 0115 BOOMERANG RD #5106 ASPEN, CO 81611 ~, ~w CLARK TODD A ,~, 0115 BOOMERANG RD #5108 ASPEN, CO 81611 t DAANE OLIVIA O & DEWEY 0199 PROSPECTOR RD #3106 ASPEN, CO 81611 DASARO ROBERT A JR & STEPHANIE L DELAK ERICA 0039 BOOOMERANG RD #8122 0199 PROSPECTOR RD #3102 ~* ASPEN, CO 81611 ASPEN, CO 81611 rw DONOVAN JOHN T 1/5 ~r C/O DONNA GRAUER 426 E MAIN ST ~.. ASPEN, CO 81611 DUNN MICHAEL i~ SHERRI 0115 BOOMERANG RD #5102 ASPEN, CO 81611 BUYSSE MICHAEL & ANIR 0115 BOOMERANG RD #5107 ASPEN, CO 81611 DANIEL ROBERT E JR 1/5 C/O DONNA GRAUER 426 E MAIN ST ASPEN, CO 81611 DOMOSZLAY KATALIN 0115 BOOMERANG RD #5410 ASPEN, CO 81611 EAGLE MELVIN & LEATRICE 9309 INGLEWOOD CT POTOMAC, MD 20854 ` EASTMAN P PLACE ~ THOMAS F 50% PO BOX 1454 LA QUINTA, CA 92253 ERCK STANLEY C 50% 954 CENTRE DR JAMAICA PLAIN, MA 02130 FADALE JENNIFER B PO BOX 3653 ASPEN, CO 81612 „,o FAGAN CHARLES D PO BOX 1107 wy ASPEN, CO 81612 FEHER LAWRENCE D 0115 BOOMERANG RD #5404 ASPEN, CO 81611 FERRARO JAMES JR & JAMI LEE 39 BOOMERANG RD #8124 ASPEN, CO 81611-4308 FRIED ALAN 1 & SHELLEY R ~.. PO BOX 783 ASHLAND, OH 44805 GASIOROWICZ HILDE E TRUST , 2630 GLENHURST PL MINNEAPOLIS, MN 55416 GOSDA HEATHER 0199 PROSPECTOR RD #3110 ASPEN, CO 81611 ""' GRAUER DONNA 1/5 426 E MAIN ST '"" ASPEN, CO 81611 HALFERTY SARA 215 S MONARCH AVE STE 202 ASPEN, CO 81611 HARPRO LLC C/O GOLDEN EAGLE PROP SERV, INC PO BOX 2000 ASPEN, CO 81612 J;,~3~AV-09 08-1. ~ ~-.~.-,~..> - ®091.5 31V1dW31®tiany asD ~t1915 pJ~~~l~1 D ua~x•1G2~ee•;r,~ but;ur.+d z~~ a5p~cus P'~~ u~e~ m _ ,~ ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: ~~ a« -`~~CHMENT ~-s Name: n ~, ~ }~ ~cx v~a.S U i ~ ~c.~ t ~V ~ Location: >p1 H ~} P V ~ 13 t ~ ~. D ' 13 t 'Z- ~" t"f Indicate street address, lot & block number, le al d ri tion where a ro riate Parcel ID # RE UIRED ~, ~ -- iy 'Lif• ~O .}- "Z"'13 S; _ ~~ Z _ .,, J Z .»~ REPRESENTATIVE' Jame: D c t,v ~ 5 ~ U~t n '~.h L. "' G ~ c rl r~ ~X~ 'address: 2 t r5- ` S ~`l ors c~ r~l~• ~ ~. v T~ O n $ ~ - 'hone #: 2S (~ S~'7 'ROJECT: L `' Jame: 1~' V Q ~ ~ w e address: ~ 33 ~ t-~ 5 CJet'c-~f 1 ~l ~-~ c +~. C_c~ ~$ ~ 6 ~ 'hone #: ~ 2 C?-- ~ ~(~ l '"" ~j,n rl G ~ r~ ~ ~ ~' IYPE OF APPLICATION: (please check alt that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ~ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition [~ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greentine, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: Lot Line Ad'ustment Text/Ma Amendment ING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) _ M ~ k-~1 UISc . ' V h e c~-'~ ~Gt.C-e ~~ c~ Z. 1 ~ G~ 1 ~- J~.t74/~1 f11 ~ IK 1~'CGTtt1Gt{.t~M {""~cT'¢.i l ~ s ~~ 1 ZC'f SELL ~ ~ ~~~ L"f i S KOPOSAL: descri tion of m sed buildin s uses, modifications, etc. ~C~l)e Y"T' s t~~~S ~ t1 ~~~'~{ Z •t-`( .t...v ~{Si nf\'TC~-~, Have you attached the following? FEES DUE: $ ~ Z ~~' []Pre-Application Conference Summary [Attachment #l, Signed Fee Agreement [~tesponse to Attachment #3, Dimensional Requirements Form ~~esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Alt plans that are larger than 8S" x 11" must be folded and a floppy disk with an electronic copy of alt written text (Microsoft Word Format) must be submitted as part of the application. .,~T~~HMENT ~ Project: Applicant: Location: Zone District: Lot Size: Lot Area: 1 r-` ~ 5 ~c +~-~ i 5 I1~T' ,/~- fJRJ 1r«.l~ 1 'e T-J /~L (for the purposes of calculating Floor Area, Lot Area may a reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Proposed:. Existing: Proposed:. Existing: Proposed:, Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: Site coverage: Existing: Required: Proposed: Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed.• Buildings Existing non-conformities or encroachments: Variations requested: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM ATTACHMENT ~~ Final Draft ASPEN HIGHLANDS VILLAGE: DETAILED SUBMISSION CONSOLIDATED PLAN Prepared for HINES 426 E. Main Aspen, Colorado (970) 920-1801 Prepared by ~~"~a~is Hom Incorporated 215 S. Monarch- Avenue aspen, CO 81611 (Q70) 925-6587 ^QtEmber, 1997 ~~~ ~ ATTACHMENT ~t~ ., A meeting room will be a~r~`~Ys z,~r ~ .~ ~y5ats aaad guests of Aspen FLghlands ~~~{~~. ' ~~ °:~,~i'%~~? States Forest Service may.uti~i~e the A.SS space as a visitors Cetrter in the su ~n~e.~ . TABLE 11 `~' ASPEN ffiGHLANDS VII•LAGE DETAII.ED SUBMISSION CONSOLIDATED PLAN; ~ TOURIST ACCOMMODATIONS AFFORDABLE HOUSING EXACTION Tourist Accommodatio • L1ni e & Accesaor~Commerrzi 1 4~~ ~, Number of Employee Employees AHO Faction Peopk to of Space Units or S.F. Generation Rste• Generated Rate be Horsed Tourist Accommodations 73 .4 29.2 .6 17.5 ~, Restatrant (NLA) Wait-Service 4,000 .0075 30.0 .6 18.0 Restaurant (NLA) Limited Wait-Service 2,000 .OOS 10.0 .6 6.0 Retail ~N~) 8,000 .0035 28.0 .6 16.8 Condominium Room ~• 3,000 NA 3.S .6 2.1 TOTAL NA NA .100.7 .6 60.4 ~ Fmployet Generation rates derived firm Sedion 5-300.1(c) Pititin County Lnd Use Code. As per Section 5-300.1 (c) employee generation is based upon Net Leasable Area. Net Leasable Area is 80% of Gross Retail Space and 65 X of Restmuaat space. R~tataaat employee generation rates are bssod upon 5 employees per 1,000 sf of NLA restaurant space for the limited wait service-~+pe dining sad 7.5 employees per 1,000 sf for wait service dining. •• The cat~or<inium roorys will be used for a variety of functions. A total of 3.5 FI'Es will be generated ss approved the BOCC. by Source: Davis Hors 7vc.; September, 1997 24 .. 05-22-06 10:08aa- Fri-NINES ASPEN 9709203829 T-879 P.01/08 F-B29 - :.< - _._~ ~~ `~ ~ ATTACh~MENT _ ~URTH ,A,MENDMENT TO ' nECL~,RATION OP GbNDOMIl~IUM . ~ k'O)lt ~A~EN HIGHLANDS CONDOMIl~IUMS THIS. FOURTH AMENDMENT TO DECIARATION OF G4NDC7MINIUM FOR ASnEN ~"` HIGHLANDS CONDOMINIUMS this " { ~unh Amec-dment~ dated as of November 29, 2005, shall be ~- effective upon recordation and is made by ASPEN HIGHLANDS CONDOMINIUM ASSOCIATION, ., INC. (the "RsSOCiariori"). ~, R~A~ W>LiERFAS, the Declarant recorded that cerrair- Declaration of Condominium for Aspen . Highlands Condominium, on January 11, 2~1 at Reception No. 450454 in the Off`cce of the Clerk and __._ °~` '` Recorder of firkin County, Colorado ("Ii~irial DecaRmtion")- The Initial Declaration has bren amended by :~, (iy chat certain First p-mzr:dmenr ro Declaration of Condominium for Aspen Highlands Condominiums '~ recorded vn July 2, 2001, at Reception No. 456026 in ehe Office of the Clerk and Recordzz of Pirkin `County, Colorado {" i :c Amendmg~'~, {ii) that cxrrain Second Amendment to Declaration of Condominium for Aspen Highlands Condominiums r~eorded on October 4, 2001, at Reception No. . _,..459556 in tl2e Office of the Clerb and Recorder of Pitl:in County, CoIarado ("Second Amendment»j, and ' ' {iii} that cerrairi Third Amendment to Lkclararion of Condominium for Aspen Highlands Condominiums . ,recorded on January 21, 2005, at Reception No. 506}06 in the Office of the Clerk and Recorder of Piekin _ £A. ,.County, Colorado ' ~ (`~ttd. Amendmnl )• Iz: addiciott, the Initial Declaration has been supplem~tinted by ~, than certain First Supplement ro Declaration of Condominium for reoorcied an June 11, 2002, ac Reception No. 468555 in the Ofl:`ice ofClerk anll dRecoidera f pickin "~° `~-Cooney, Colorado ("Pint S~ipnl _m~„r }. The Initial Declaration, as amended by the First Amendment, the ~,, .Second Amendment, and the Third Amendment and as supplemented by the First Supplement, is hereby . referred to as the "L7c_ cL~e_ canon'. Any capitalized t~ren uxd iri this Fourth Ammendmenr without dzfinirian -~ 'shall have the. meaning given than term in the Declaration; ant! ~~" ~ 'WI'iERFAS..Associadon u the nonpro£tr corporaann and owners' association formed pttrsuanc to d'1r Declaration; and ' "'~ ~ WFTLREAS, the Declaration created and defined certain covenanxs, conditions, restrictions and easements far the Aspen Highlands Condominiums; and _ . ~: `;° . ~< ~REA,S, the C?amers desire to. approve an amendment ro the Declaration in certaiA respect, as ' . more particularly provided herein; and ; ~„ - WHERF,-AS, p~rsuanr eo Section X2.3 of the pe~laratior<, rho ~~ararton may be amended upon the written consent of Owners representing a majority of the total number of votes enritlLd ro be cast on ~. ~ ,Axsociaeion Ir-atrers, including ar least a majority of the coral number of votes allocated to the Residantiat `Owners and a majority of the Loral votes allocated ro rhz CoTUmercial Owners; and =~ ' ~ ~E, Pursuant ro C.R.S. § 3$.33.3-217{4), because This amendment authorizes an fncrzase in the number of unit$ or a change to the boundaries of certain units or the allocated itlterests of a unit, `~' :.this Amendment requires the consent of unit owners of units ro which at least s" ixty~even percent of the w , ' ,. r ,s dMl 05-22-06 10:06am Frain-NINES ASPEN 9709203829 T-679 P.03/08 F-829 .,„ ~ votes in the association, including sia-tyseven percent of the votes allocated ro units not owned by . Declarant, are allocated; and ,, ~ 'UV~iE>itF,.t~S, pursuant co C.R.S. § 3533.3.217(4.5), because this Amendment permits a change in ' "~ the uses ro which units are restricted, this Amendment requites the consent of unit owners of units to "~ which ac least sixcy~even percent of the votes in the a~ociation are allocated; and ~._ .. ~~~, pursuant to C.R.S. § 3&33-312, because thss Amendment authorizes a conveyance of .w ;common elements, this Amendment requires th-r consent of unit owners of unim to which at least sixty tis<wen percent of the votes in the association, inchding sixty-seven p~7cent of rho votes allocated to units not `"~ awned by Declarant, are allocated. . _~ - _ 9~ME~~~ ~„ NOVA, THFREFC~RE, the Declaration is l,~by amended as follows: .. ~R> 1. Sectin 3.: A new Section 3.? shall be added as follows: ~- Section 3.7 C`.onve ion f Coin ercial Unirs_rp ~ryidenriAl Unitx. ~ . ,~a Commenial Units G2I01, C-2103, GlIt14, G41Q2, and G4111 (each a s "inversion tJnir"} may be corn+ertnd from a Commercial Unit to a Residential Unit __ __ within the category of Tourist Accommodation Unic~, and any Limited Common 1lements ~ • ""° c-_appurtenant to such Conversion Unir may be converredfrom I..imited Common Element- _ ;,~, Commercial (LGirC) to Unit Space, Limited Common Element Residenaai (LCI;R) or . Limited Common Elements-Tourist Accommodation (1.CETA,}. Upon approval by the " ~ `' ~, Executive Board, the Declarant, or any other pwnrr of one or more Conversion Unit with _. _ . the express written consent of the Declarant, may conv~•rt such Conversion Unir to s -°-----• ': Residential Unir and may convert any appurtenant LGEC ro LCE-R, LCETA or co unit _., ~-Ypace vvirhire -the -new -ResiclenLial LJnic Any CorEVersion Unit converted pursuant co this Section 3.7 shall not initially be submitted ro a Plan of Fractional Ownership unless "' ~_ ~-otherwise speci~eed by the Declarant. Notwithstanding the foregoing, Declarant. reserves ' ~- _ " the-rcght to submit any Conversion Unit that is conv~rced to a Tourist Accommodation Unir .ro the Plate of Fractional (7wne,rhip pursuant to the terms and provisions of Article - - _~ + x`23. All acrion required w undertaloe_an _uch. cha y ' nge in .use may. be atethoriaed, approved and executed by the Przsident of the Association on behalf of the Executive Board. . - ----~ . „_ -,~. -_, ._ In order ro convert 2 Conversion Utilr to-a-Residential-Unir and to convert ar,y appurtenant LCE-C ro 1;CE-R, LCETA, or to unir space within the nevv ltesidenrial Unit, - ~, rho Owner(s) of such Conversion Unit(s) shall submit an application to the Executive Board, which application shall be executed by such owner and-shall include (a) evidence x~. that all approvals for the proposed change in u-se required by the City of Aspen or any - - .• - Qther governmental agency having jurisdiction aver the Project have been obtained; (b) rhz ?proposed reallocation of Allocated Interests $ppurfenani ro the Conversion Unit anc~ other Units within the Project; (c) the proposed reallocation of parking spaces pursuant to .. _ .,,„ ' .Section 5.3.I, (d) the proposed forrre of amendment ro the Declaration,, ircluding the Map, a ma be ne y cessary to evidence such reallocation; (e) a deposit against attorneys' fees and c.w-ts which the Executive Board and/or the Association may incur in reviewing and - _ . ~`ffectuating the transaction, in an amount reasonably estimxtrd by the Executive Board; (f? ~--- - __ ' ~-_ - _ _ w ~ , w~ 05-22-Ofi 10:06as Fran-HIKES dSPEN 9709203829 T-8T9 P.04/OS F-829 '. . evidence satisfactory m the Executive Board that the Owner{s} of the Conversion Units) ~`" has obtained or caused to be obtained all requisite insurarue in connection with any - construcdon required to effe~~t the proposed acxion; (~ indemnification of the Association ~. ~ . by the Owner(s) for any and all matters relatir~ to the proposed action; and {h) such other ~infar-aiatian as may be reasonably requested bythe Executive Board:: - -... `~' If, in connection with a conversion of any Conversion. Unit pure-cant to This Fourth Amendment, an Ownrr proposes to combine any Conversion Units, onz ar more _ _ of which ha3 appurtenant LCFr~C, thr Executive Board, as authorized, approved and .executed by the President- of tha, Association on behalf of the Executive Board, shall havoe the authority to convey such LCE,C to the Owner of such Conversion Unit(s). ~ ~ -~ t?- _ For purposes- of realtocatirtg the Allocated Interests in connection with a conversion of a Conversion Unit to a Residential Unit, or in connection with '"~` ~. incorporation of any F.CF,~C into Unit space, each applicable Conversion Unir, together with the Corridor i.CF1C and Restroom:LCE,C, shaA be deemed to contain the following .... square footage: ~. .~- - - 3:Jnir•CG2101 ~ ~ 621'squate feet r~ 1 `~ CGIn~D S~~-- Unit G2I03: 647 square feet 1 Unir G2I04: __ 2,959 square fert..- _. _ ~ .... Unir._ 102: 3-.- ,square ef-et ~ rt~l ~eomm S p~-~ Unit Cs}111: 2,813 square feer7 ~_ - Corridor LC1:C adjacent to Units C•2101 and G2103: 320.6 square feet ~- ~ room LC1rC adjacent ro Units 0.2141 and G2I03: 213.3 square feet Tn the event the actual square footage of any Conversion Unit or LCEC identified above exceeds the square footage of such area szt forth. above by more than five percent F~, (596), tEse procedure for converting such Conversion Unit{s} established by this Fourth Amendment shall not be available, and thr Owners) of such Conversion Units} must . " ,`"-comply with all applicable provisions of the Declaration and Colorado law in order to convert the Conversion Unit ro a Residential Unit - - - - - ~L .. ~ ~ : T'he resulririg Allocated Interests in tlu event of conversion of any Conversion Unit shall be reallocated as follow: . - --- - _ ..._..._:. _ _.. . ..~ - :~ _ _ _ - {i} ' 'I'purist Accominodaxioi Units Allocation: F _ a. First, the_Allocared Incerests_of Tourist Accommodation Units in rha . •Ptoject shall be"cal~-ulated puisuanr to the mathematical calculation _ set forth on F~:hibit B of the Declaration by adding the square footagC ~.--_-- _ ..set fortl2. above of the .applicable Conversion-Unit(s)-and the square footage art forth above of any LCE.C that is converged into Unit space ,- pursuant m this Fourth Amendment to the present total. square _ ~_..:.;:; footage of all Tourist Accommodation Unit,. In the event any LCI;,C - - thar is roc, prior m the request for conversion, included in the - . calcularion of the tonal square iieer of aA units i, eanverted into Unit 3 - 05-22-08 IO:OTam From-NINES ASSN 9709203829 T-879 P.05/OS F-829. ,~ ___-_ _ ~` • space pursuant ro this Fourth Amendment, the square footage of such ___. LCE-C ro be converted into Unix space shall be added co the current total square footage of all Units for purposes of the calculation of rte, ' Allocated Interests of Touri,~r Accommodation Units in the Project set forth on Exhibit B of the Declaration. •.. b.~ Second, the. Allocated. Interest of a given .Tourist A~ecomcrtodation Unit in the Project shall be calcttlared as follows: i. First, for any Conversion Unit chat is converted to a ~"" Residential Unit puzyuant to this Fourth Amendment, such ' Unit's Allocated Interest shall br cakulatrd by dividing the - square footage of Stich Conversion.-Unit (including any LCF< C that i, converted into unit space hereunder) by the Total square footage of all Touri,r Accommodation Units ii. Second, the remaining Allocated lricerests of the Tourist ~. Accommodation Units shall be divided among the remaining "~" ~ - T'oarisr A,ccornmodarion Units pursuant to the maihemacical uilcularion set for~h on Exhibit B of the Declaration. (u) Commercial Units Allocation: 'Ihe square footage of the applicable Conversion Unit(s) shall be subtracted from the current total square ~~ .footage of all Commercial Unite, and the mathematical formula set forth _~ • . on Exhibit B of rht Declaration shall be applied t4 aA remaining - --__-_- = - . • Commercial Units to determine the Allocated Inczrz;t of all remaining ---- - CommerciaLUnits.. _. _ _ ~. (iii) ~ Deed Restricted Residential Units: The Allocated Tnrerzst of TSeed Restricted Residential Units shall be calculated bq dividing (i) the square footage of the subject Deed Restricted Residential Unit by (ii) the tonal ~`» square footage of all Units, provided howc~ chat in the event any Y.CE~ char is nor resen p dy included in the calculation of the total square feet of • all units is converted fnro Unit space pursuant to this Fourth ' , Amendnienr, the square footage of such I..CCE-C to be converted inm Unir space shall be added ro the current total square footage of all Unit3 for ~" purposes of -the calculation of AAxated Iareresrs of Deed Restricted ":: Residential Unit, set forth on Exhibit B of thc:.Declaration . - Z. Section 5.3.1 Amendment. Anew unnumbered thud paragraph shall be added to Secrion x.3.1 as foltgws:- eaw - ;, , In coruiection with any cnvcrsion of a Conversion Unit ro a Itesic}ential Unix within the -~ .category of a 'T'ourist Accommodation Unit, the Eaoecurive Board :may, upon receipt of evidence from the Owner of such Conversion Units} o{ all c~equired governmental approvals and approval from the Declarant, reallocate the number of parking spaces set forth in this Section .5.3,1. The Executive Board is further authorized to enter into binding use agrzemenrs with the Owner(s) of such Conversion Unix granting the night of exclusive use of any parking space(s) chat are allocated for use solely by the Tourist Accommodation 4 05-22-06 10:OTaa Frog-RIMES ASIAN 9709203929 T-B79 P.06/09 F-829 Owners as LCF.TA to the Owner(s) of such Conversion Unit and their successors and a3sigiLS. 3. Section 73.2 Amencimenr. The second ,entente of Section 13,2 ("Commercial Uszi'~ of the Deelaration is hereby deleted and replaced with the foIlowing: Among the uses ixrmitted under Section 13,1, are (i) ski and snowboard sales and rental shops, " (ii} resmuranr/bars (including outdoor decks associated therewith}; and (iii) with respecr to any Conversion Unit only, and upon compliance wide procedures ser forth in Sect[on 3.7 shove, all reafdential uses permitted under Section 23.3 bzlow. 4. Section 14.5.3 end t. Section 19.5.3 of the Declaration is hereby deleted and replaced with the following: Interior, non-structural changes or altemcion of Units that are not visible or discernable from the exterior. of a Unit may. be undertaken solely by .the Owner thereof wit1- the exception of Owners of Fractional Ownership Interests, it being acknowledged that interior, nonstructural changes ro Plan Units may be undertaken by the Tourist -~ Ac~bmmodation TJirectors pursuant to Section 23.8 below. S. Exhibit B Amendment. The formula ser forth on Exhibit H relating to the Allocated lntcre~ts of Tourist Accommodation Units shall be deleted and replaced with the following; ~., Tourist Acc:oxnmodation Units. To determine the Allocated Interest of a given Tourist Accommodation Unit in the Project, the following mathematical formula applies: _ Torsi square footage of all Tourist Accommodauon Units /total square footage of all Units ~ Allocated InQ~resrs of Touri,~t Accommodation Units in the Project. TA Units that are trot Plan Units [Total square footage of such Unit /total square footage of aII Tourist Accommodation.. Units) ::times ..A?located Interests of Tourist Accommodation Units in the ProjCCt TA Uniu that are P&tn Units Allocated Inaere3r3 of Tourist Accommodarion Unit, in the project minus coral Allocated Interests of alI TouriaY Accommodation Uni~s that are not _:-Plan Units = {total number of iwalxdroam Tourist Accommodation Units times X + (total number of three-bedroom Tourist Accommodation Units} times I10% of X • X represents the Allocated Interest of a twobedroom Plan Unit _ 1 ID% of X represents dio Allocated Interest of a three~bedroom Plan Unir ', ~_.All twabedroom Plan Units will have the same Allocated Inrere,~ts and all three-bedroom Plan Unit, will have the saint Allocated Interests. 5 05-22-08 10:07a~ Frye-NINES RSPEN wr 9 ,~ ~» ,«~ . 9709203829 T-879 P.O7/08 F-829 • 6, Definitions. Any capitalized term used herein without det`inition shall have the meaning ascribed ro it in the Declaration. 7. CicrvesTsin~, TAw. This Fourth Amendment will be governed by and interpreted in :lceordantc with the laws of the State of Colorado. ` $. Counterparts_ This Fourth Amendment may be executed in counterpart copies which, when taken together, will evidence nc~ entire agreement of the parties. ~• _ 9. Co>,fliccs Batween Documents, 'this Fourth Amendment hereby supersedes and controls aver any contrary provision contained in the Declaration. In rase of conflict between the Declaration as amended hereby and the Articles and the Bylaws of the Association, the Ieclaration, as amended, shall control.. 1Q. Dev?>-s+non. Except as specif`~cally set forth in this Fourth Amendment, the Declaration -: remains unchanged.. and .in full force and effect.. 'This Fourth Amendment shall hereafter be interpreted for all purposes as parr of the Declaration. IN WITNESS't'IUHEREOF, the undersigned, representing the Owners of Units w which at least Sixty-seven percent (6796) of the votes in the Association, incktding six seven percent of the votes allocated to ur-its not owned by Declarant, are allocated have executed this Fotmh Amendment on the clay and yeaz '` writtetl below. I~igr-atures on attached Pis] b 05-22-06 10:07ae FrarHINES ASPEN 9709203829 T-879 P.OS/OS F-829 ~,,. ~' THI f3bit?~K~iG1~t~D. bciro; the I~rasidu~t ai'tl~ A.~pca lisgttiatxis Condpminiu~ou Ass~ocer~i4e, ir-c., tterohy oot~ents to the ~ fioart!- Arxcan@~at .ta i3aclacatic» of ~tx~d~inieure fot ~~Is~n ~"• _. Htgitlasecis C~tt-iniums: Y=--~r~~ --~----*~- lohnSlier Punt f f ~~„ ~ - . . +~. _ S'7'ATiw Dfi _~~.~_t ~~~F'f_ i'~1 ~.~~ """ '. The ~' - t was ackttm~rk~dged b+~~ar~ me this ~~~ ~y pi• ~~~' ~„ _ t41y corr:uzisxion expires: ~ . - . ~';.~~~.~.~ KCW~. X13788 3R ~a ~ . _ lq o.~. rv~ aw r ~ Nat~tcy Public ~~ „,~ ar [:~li~a~ts4l~im~dHi~laad~-i1QSittogs•0260.9~t4iS~aen6-decfat.iiyp&xKth.~vd.Aoc. .