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HomeMy WebLinkAboutLand Use Case.400 E Dean St.0038.2007.ASLU City of Aspen Community Development Department CASE NUMBER 0038.2007.ASLU PARCEL ID NUMBER PROJECT ADDRESS 400 E. Dean St. PLANNER Jessica Garrow CASE DESCRIPTION "~ REPRESENTATIVE Scott Writer DATE OF FINAL ACTION 10/8/07 Gam„ fvln I~r1 S u~ Sufi, ~D /~~ GZ'~'k2 ~G( CLOSED BY Amy DeVault ~~ ,,,,,,, _ FIRST AMENDMENT TO DECLARATION FOR G.A. RESORT CONDOMINIUMS This First Amendment to Declaration for G.A. Resort Condominiums (this "First Amendment") is made this / 7 ~~`~' day of «n+ m4r (2007, by Grand Aspen Lodging, LL-C, a Delaware limited liability company, whose address Is c/o Four Peaks Development, LLC, 1000 South Mill Street, Aspen, Colomdo 81611 ("Declarant"). A. Reference is made to the Declaration for G.A. Resort Condominiums (the "Condominium"), recorded December 19, 2005, at Reception No. 518621 in the Office of the Clerk and Recorder of Pitkin County, Colomdo (the "Declazation"). B. Declarant desires to subdivide Unit 23 and Unit 44 as further set forth herein and to amend the Declaration to reflect the change in the Allocated Interests of such Units, as set forth in Exhibit A attached to the Declaration. C. Accordingly, this First Amendment documents a modification to the Declaration and the Map, all made in accordance with the requirements of Section 38-33.3-120(a) of the Colorado Common Interest Ownership Act, Colo. Rev. Stat. § 38-33.3-101 through 38-33.3-319 ("CCIOA"), the Condominium Act, Article XII and Article XN of the Declaration. NOW, THEREFORE, Declarant amends the Declaration as follows: Recitals/Defined Terms. The Recitals above are true and correct and are incorporated in this First Amendment by this reference. Unless otherwise defined in this First Amendment, all capitalized items in this First Amendment shall have the same definitions as provided in the Declaration. 2. Subdivision of Declarant Owned Units Declarant hereby subdivides the following Units as set forth below: Original Unit # Original Unit Type Original Unit Allocation Subdivided Unit # Subdivided Unit Type Subdivided Unit Allocation 23 2 Bedroom L525% 23A Studio 0.763% 23B 1 Bedroom 0.763% 44 3 Bedroom 2.288% 44A Studio 0.763% 44B I Bedroom 0.763% 44C Studio 0.763% Page 1 00312, OOOOI, 101587744.3, First Ammdmmt to Declaration 511 /07 .~. r~ _ .. 3. Owner Consent to Subdivision. Declarant hereby certifies that Declarant has obtained the consent of the Association and the Owners of any Timeshare Interests in the Units set forth in Section 2 above to the subdivision of such Units, as provided in this First Amendment and the Map. 4. Severability. Invalidation of any of these covenants or restrictions or any part, clause, or word hereof, or the application thereof in specific circumstances, by judgment or court order, shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. No Further Amendment. Except as specifically amended by this First Amendment, there are no other changes to the Declaration and the Declaration as amended by this First Amendment remains in full force and effect as originally executed and recorded. 6. Effective Date. This First Amendment shall become effective upon its recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado. Executed as of the date set forth in the first paragraph of this First Amendment. [SIGNATURES ON FOLLOWING PAGE] 00312, 00001, 101587744.3, First Amrndmenl to Declaretion 5/1107 ,... ,~. ~. - Executed as of the date set forth in the first paragraph of this First Amendment. STATE OF COfA1~DU ) ' ) ss. COUNTY OF ~IT~fN ) GRAND ASPEN LODGING, LLC, a Delaware limited liability ?~ t: f `• Name: 1~tRVrt~ / ~ i-'.C.i/2t~c°i7 Title: ;~ i 11~~ z,.;:, The foregoing instrument was acknowledged before me this ~ t" day of ~~'~~ I 200 ~ by W , A . as ~R-~'"D of Grand Aspen Lodging, LLC, a Delaware limited liability company. WITNESS my hand and official seal. My cpt~nis~ion expires: ~, ~% V t1~TgR~' •. .._ , \ NOTARY PUBLIC /'UBUG , •'.z2 My ConsM~ion Expires 10lJt/2008 00312, 00001, 101587744.3, First Amendment to Declaration 5/1/07 r-• '"1 CONSENT OF THE BOARD OF DIRECTORS OF G.A. RESORT CONDOMINNM ASSOCIATION, INC. The undersigned, constituting all of the members of the Board of Directors (the "Board") of G.A. Resort Condominium Association, Inc., a Colorado nonprofit corporation (the "Association"), hereby represent and consent to the following:: 1. Reference is made to the Declaration for G.A. Resort Condominiums (the "Condominium"), recorded December 19, 2005, at Reception No. 518621 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Declaration"); and 2. The Board has received a copy of the First Amendment to Declaration for G.A. Resort Condominium ("First Amendment") and amended Condominium Map, an identical form of which will be recorded in the public records of Pitkin County, Colorado upon Declarant's receipt of the required consent of [he Board and certain Timeshare Interest Owners; and 3. The Board hereby consents to the terms and conditions of the First Amendment and the amendment to the Condominium Map. EEFECTNE as of the 1'j_Nday of S~ ferr~hc~ 2007. 00312, OOOOI, 101 5 8 7144.3, First Amendment to Declaration 5/1/07 DIRECTORS: to , / ~, Name: David Parker PUBLIC NOTICE OEVELOPMENTAPPROVAi sr City of ASpen Publishetl in the gspen Times Weekly V~ October 14=ppJ. Q49Jfi0) .. . r^. ~. / \ .i U is W ~' U c °o ~ o' N OV ~ Z C O d X '~ w c v 'a "' v ~ o D o ~ ~ o U 0~~~ _a ~ Foo~Y ao ~ w ,D vi u U" ~-'c w~O,y d'am'-~ NOTICE OF APPROVAL For An Insubstantial Amendment to the Grand Aspen/ Lot 5 Aspen Mountain Subdivision Planned Unit Development, An Amendment to Ordinance No. 52, Series of 2001 Parcel ID No. 2737-1828-5005 APPLICANT: Grand Aspen Lodging, LLC REPRESENTATIVE: Scott Writer SUBJECT OF Lot 5, Aspen Mountain Subdivision PUD, Ordinance AMENDMENT: No. 52, Series of 2001 SUMMARY: On behalf of Grand Aspen Lodging, LLC, Scott Writer, has applied for an Insubstantial Amendment to the Grand Aspen/ Lot 5 Aspen Mountain Subdivision PUD, Ordinance No. 52, Series of 2001. The Applicant is requesting reconfiguring hotel unit 23, a condominiumized unit, which is currently configured as atwo-bedroom and two bath unit with a two (2) key configuration (capability to create two (2) one-bedroom and one bath lock off units). The proposed reconfiguration would divide this single unit into two (2) sepazate units, units 23A2 and 23B2, which would each be sold by its individual components. This would add a net of one (1) new unit to the Hyatt's unit count without adding any keys, increasing density, or changing the employee or parking generation. No physical changes would be made, and the lock off doors would remain as they are today to give owners flexibility in rentals. Under the proposed reconfiguration, unit 23A2 would be aone-bedroom one-bathroom unit in 458 square feet. Unit 23B2 would be aone-bedroom one-bath unit with a kitchen in 1,058 square feet. STAFF EVALUATION: In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. Staff supports the proposed amendment because it is minor in nature and is anon-physical reconfiguration of the existing layout. The proposed PUD Amendment is consistent with the character of the development and the original approvals, does not increase the coverage of structures on the land, does not impact the trip or parking generation and does not reduce the amount of parking provided or right-of--way widths, does not impact and open space, and does riot change the density of the project. Staff finds that the proposed amendment meets the criteria for an insubstantial amendment pursuant to section 26.445.100 of the City of Aspen Land Use Code. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the amendment as speciP-ed below. The approved amendment to the Grand Aspen/Lot 5, Aspen Mountain Subdivision PUD, allows for a change to Ordinance No. 52, Series of 2001. The Applicant is required to submit an amendment to the recorded plat reflecting this approval. APPROVED BY: YVY~ Chris Bendon Community Development Director G at ACCEPTANCE: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. Scott Wnter, rand Aspen Lodging, LLC Da et Attachments: Exhibit A -Floor Plans illustrating new configuration Exhibit B -Review Criteria 2 r~C~~ ~ ~~4~, ~ ~Z ® 2 M N r.., ..r ~". b t:, C~ it Y;on~~ ~t~yti~ ~3 ~cht~i-~ ~ ® Z W q ~~ ~~ rv Q rv U sr rU tai N N t`j N N ~1NC ~ p V ~ .~q' q C U t ,`„'~ . M ~ cu N rw N N 7 .. .. w w y ~.: w s: y 0 M ° ° ° ° ° 0 ~ ~,°j N ~° ~ DA ~ ~ ~ ~ ~ O ~ r 0~ O d O d ~ G7 >. ,. ~ ~, s W ,~ "" o ~ o ~ °.~ w 133Zi.L$ VN37V~ H.Lf']O$ oa ra m ,-. N ~Q {~V W '~' ~ [~yti ~ Gt1 CY ^ ~ H q a .-. s .°~ rv ,.. Y~~p~-i~Jlb4ti~a ~ ~. /A. P"V~ ,/ ~..I EXHIBIT B Insubstantial PUD Amendment Checklist 26. 445.100 Review Criteria All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section 26.445.100, Amendment to PUD Development Order: ^ The proposed amendment does not change the use or character of the development. ^ The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. ^ The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. ^ The proposed amendment does not decrease the approved open space by greater than three (3) percent. ^ The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. ^ The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. ^ The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. ^ The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. ^ The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project' s approved use or dimensional requirements. a To: CC: From: ,•~ __-_ -- _ - •1r/ 4.! Irr-s-rrl~s-1c~rrti~~/ I'I1I~ ~ ~rzerrct'rrlerrl Aspen Community Development -Joyce Allgaier - - -___ Grand Aspen Lodging, LLC by Scott Writer tel.• 970.925.2114 fax: 970.925.1036 Date: July 12, 2007 •/{~~~j~ ((~~ Subject.• Proposed Hyatt Grand Aspen Unit change via a PUD Insubstan rn(,fn' I e. Amendment /~ -r ,~abi;,°n x r• , J~yCe. In January of 2007 we requested and were approved to further subdivide two townhouse units into 1 bedrooms and hotel rooms -those units were units 43 and 44. These two townhouses to the east side of the back section of the building were originally configured as 3 bedroom units with lock off doors fox two hotel rooms and one 1 bedroom per unit. What was approved was to legally break up these units to allow them to be sold by their individual components, 1 bedroom and 2 hotel rooms instead of a 3 bedroom unit. `s_ added a net of 4 new units to our unit mix3yithout adding any kevs, square footage, or need were zero p ysical changes as all lock off doors and Staff deemed this an Insubstantial amendment not subject to any moratoriums and it was approved as such. We axe now asking to add another unit (Number 23) in to that regime. Unit 23 Current set un: Unit 23 is currently a two bedroom and two bath unit with 2 entry doors to the hallway (see attached Floorplan and location key). Proposed set ug: We axe hereby requesting to subdivide that unit into two units 23A and 23 B , It will be divided into a hotel room unit 123-A) and a one bedroom unit (23-B). The division of the unit is clear from the attached floor plans. The bedroom to the left (shown as 23A2) will be the stand alone unit with its own separate access, and the one bedroom / Living Kitchen unit to the right (shown as 23 B2) will be the one bedroom unit -also with its own separate access. The unit location in the building is highlighted on the architects key. The unit numbers axe shown on the plan as they are numbered in our system, 23A2 and 23B2. The studio 23-A is 458 square feet and the one bedroom 23-B is 1,058 square feet. Net result: No change in the number of keys, no change in kitchens, no change in beds, no change in required parking, no change in density, no change in square footage, 2 legal condominiums vs 1, no construction. Further Clarification on total unit count and fractional interests: ~, \J 1 s~s-~~I~.s-I~>r~~ficrl 1't rL~ ~~l f~~ell~'y~~clzt sr~s~ This project was originally approved as a 51 unit project that was to be sold in interests as small as 1 /20"'. That equated to 1,020 total ownership interests. We then went from 51 to 50 units in an early action that combined two units into 1. Later we processed the split up of units 43 and 44 from 2 units into 6 units for a net gain of 4 units leaving us with 54 total units. If this application were to be approved unit 23 would go from 1 unit to 2 units for a net gain of 1 unit making the total 55 units with 20 shares each ox 1, 00 shares. This would be 80 more shares than the 1,020 shares originally approved. The Timeshare Impact Fee discussed on page 11 of the PUD says: "The City shall collect a Timeshare Impact Fee equal to $4,022.00 per Timeshare interest on the initial sale of the 1,020 interests to be sold in the free market units in the project." These fees are collected at the closings. We believe that the appropriate interpretation of the PUD and how it impacts this insubstantial amendment would be that we would continue to pay the $4,022 per interest at each interest sale closing and then once the 1,020`s sale occurred, and assuiming the $4,022 had been paid at each and every closing, we would no longer be required to pay the $4,022 fee fox the last 80 sales as we would have complied with the PUD in paying on the 1,020 Interests originally contemplated and the total gross amount contemplated. We would request that this issue be specifically spelled out in the approval document, should this application be approved. Sincerely, Scott Writer Grand Aspen Lodging, LLC a, .. `...~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CIT' OF ASPEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the Internet at www.asyenpitkin.com ,City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold apre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. r°~ ATTACHMENT) CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 48 (Series of 2006), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may.charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. THE CITY OP ASPEN ASPEN COMMUNITY DEVELOPMENT 2007 LAND USE APPLICATION FEES (Hourly Rate: 235.00) CATEGORY HOURS DEPOSIT Land Use (Other than BOA and HPC Major Minor StaffA royals at Fee Board of Adjustment Historic Preservation Fees Historic Designation Exempt HPC Certificate of No Negative Effect Minor Development Significant, adding <1000 sq. fr. Significant, adding>I000 sq. ft. Demolition (40% of structure or more Relocation (Off-site) Insubstantial Amendment Substantial Amendment Other Fees Development Order Recordation Fee Land Use Code Interpretation Appeal of Board or Administrative Decisions* (*If applicant's appeal is approved, Land Use Fees will be refunded) Referral Fees Environmental Health Major Housine Major Minor City Eneineer Major Minor 12 2,820.00 6 1,410.00 3 705.00 3 705.00 6 1,410.00 12 2,820.00 12 2,820.00 12 2,820.00 3 705.00 3 705.00 FLAT FEE 560.00 265.00 0.00 0.00 235.00 0.00 40.00 50.00 391.00 391.00 204.00 391.00 204.00 Parks Major 391.00 Minor 204.00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavmeot of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Cr~PA.V~ /`-/tPEN 4UUG/~/Cr1 LL ~. (hereinafter APPLICANT) AGREE AS FOLLOWS: CANT has submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree [hat because of the size, nature or scope of the proposed project, it is no[ possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for [he processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Chris Beudou Community Development Director Date: Billing Address and Telephone Number: G~tatioAsvE~. Coo~.,v~r, t.t.z. ~/e Stem G/?.TJrr2 O. BO X .~ ,gsAFiy~ Co A/~ ~/ ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name• l N dr Sr Atp.,F•y /%cr~r~T~i~% ~i~8y~u/s/o.V Pu0 Location: y00 E l7EA/d ~% /9J,e( /' Q/b// Glr.~4 LyfiNdcc%c/ AS: Indicate street address, lot & block umber, le al descri lion where a ro mate Parcel ID # (REQUIRED) Dj' ~' SPF.V /j'IOI/.V%A/.t/ SilB.O/U/S/OA/ APPLICANT: Name: ~O°e/ ,~sar-,vLoDB-/~~~- L4C Address: ~/71~[Q~,~,C~Q/rC/? l' O BOx ~ Sig. PCN f0 8~~i~.Z Phone#~ 7 ~O-9as-a~~y Name: Address: Phone#: y~(7 "7a~7 ' TYPF, of APPLICATION: (olease check all that appl ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ® Final PUD (& PUD Amendment) ^ TexUMap Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: EXISTING CONDITIONS' (description of existing buildings uses previous approvals, etc.) 1~r ~ 3 / s ,Q ~ l3L=0~C'00/YI ~? d/~ r.+-/ laN/ r Gt// rH ~ C/v rR ~ PROPOSAL• (description of proposed buildings uses modifications etc ) T - r / '' o T~ rs ~- ~ u~ouc ~ oam •L/div K~r E~ Save you attached the following? FEES DUE: $ (' G/N / ' ^ Pre-Application Conference Summary ^ Attachment # 1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ 3-D Model for lazge project All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ~""` Project: Applicant: Location: Zone District: Lot Size: Lot Area: ,,~I1oa,vr/~~,t/. ~ayiu~siov fc,'G (for the purposes of calculating Floor Area, Lot Area may be reduced far areas within the high water mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing.•,pq~p,_ Proposed.• S4~YrL2_ Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Slump. Proposed. ~~ Proposed % of demolition (Historic properties only): DIMENSIONS: F1oorArea: Existing.;~G~~ Allowable:;sg~y~ Proposed:~~_ Principal bldg. height: Existing:~~~Allowable:~~`Proposed:~t~~ Access. bldg. height: Existing.•~~Allowable: Proposed: e .m0 On-Site parking: Existing.•.Srvynrt_ Required.•Proposed: ~'aiyr~_ Site coverage: Existing:~~Required.•Proposed.•~~~~ Open Space: Existing:.sey~,~ Required: y~Proposed: s4~rn2_ Front Setback: Existing: lJann~._ Reguired: SG,rr.A, Proposed: Reaz Setback: Existing: ,fQ/1st0 Required:~~Proposed: ,SG~,ryA Combined F/R: Existing Yg~Reguired: 6 ~iM{p .Proposed: J~~/~-~ Side Setback: Existing:.S eLm.Q_ Required: • 4~,~ _Proposed: S'ccim2_ Side Setback: (I Existing:6)dvI1Q_ Required: ~~iyr Proposed: s~c~rr~_ Combined Sides: Existing: M+D Re qui red: J~~_ Proposed: scvrt,a~- Distance Between ~ " ~ Existing Required:Proposed...~ Buildings Existing non-conformities or encroachments: ~~ Variations requested: „ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM ~ ~ o. ~ 7 C ~ .~ 4 y wE N c ~~3 ~ ~ a .D C O y TQ rYy CZ d Y G t+ N W o a. 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U w U ~~ p F P4 U N~ w N u F a e~ p ~~ U z ~ ~z 0. N a ~ £ U~ ~ ~ ~Z ~ 0.~ ~ ?q V O aF N q ~, '~ '¢ N q ¢ pz a0. ~.5 ~ i -o~ °~ a~ aO~ ~ ,., c ~ ° P"z ~W ~Q ~a 0. ~w Zr~ qa q ~a O ~ q ¢ U ¢ ~ d qq w a ~ d ~ . M a i i M r r r r ~ r i ~ a 1 c~ ~} ~ ~ ~ 1 F 6 ~ ~ Z t ~ z ~ ~ z ~0. ~ p vl ~W O A ° n .: A '~ q z ~ ~ ~ o a z ~ ~ o °' ~ w z ~ U ~ c a a ~ 0 0 rn 0 0 rn U N a C O .~ U .4 m c a 3 N L 0 .` a a U 7 C O U d a u p U y L r~ 'e ~ L U z •3 °' w ~ C C j ti U N o w c c o ~ U itl 3 c .~ a ~ U w a~ ~ a L a N N i ;; ?: ;ate ~ ¢ ~ ~~ K N ATT. Applicant's name, address and telephone number,. contained within a letter signed by the applicant stating the name, address, and telephone number of [he representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a cument certificate from a title insurance company, or anomey licensed to practice in the State of Colorado, listing the names of all owners of [he 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. An 8 1/2" x ll" vicinity map locating the subject parcel within the Ciry of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by e registered land surveyor, licensed in the Stale of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to wartant a survey document.) SUt3Ml I 1 'elation to mean sea level) of the lowest door, including basement, of all new or substantially improved structures; a verification and recordation of theactual elevation in relation [o mean sea level to which any structure is conslmcted; a demonstration [hat all new construction or substantial improvements will be anchored [o prevent Flotation, collapse or lateral movement of any stmcmre to be conslmcted or improved; a demonstration [hat [he structure will have the lowest Floor, including basement, elevated to at least two (2) feet above fhe baze flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (60) percent of the development as viewed from [he rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 16. Proposed elevations of the development, including any rooftop equipment and haw it will be screened. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to [he development application. 8. Plan with Existing and proposed grades et two-fool contours, with five-fool intervals for grades over trn (10) percent. 9. Proposed elevations of the development 10. A description ofproposed construction techniques to be used. 11. A Plan with the ]00-year iloodplain line and [he high water line. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 1 g. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to [he applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which rellecis [he layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheei size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A viciniTy map shall also appear on the first sheet showing [he subdivision as it relates to the rest of the city and the street system m me area or me pmpuscu subdivision. The contents of [he plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.460.060(3).20. Suhdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape (eatures. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precse wording of any proposed amendment. 24. Site Plan or plans drawn to a scale of one (I") inch equals ten (10') feet or one (1") inch equals twenty (30') feet, including before and "after" photographs (simulations) specifying the location of antennas, support swctures, Vansmission buildings and/or other accessory uses, access, parking, (antes, signs, lighting, landscaped areas and all adjacent land uses within one-hundred fifty (150') feet. Such plans and drawings should demonsua[e compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of [he Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made [o locale on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement az [o other reasons for success or no success. 28. Neighborhood block plan at I"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on bcih sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) w Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). 29. Roof Plan. 30. Photographic panorama. Show elevations of ell buildings on both sides of the block, including present condition of [he subject property. Label photos and mount on a presentation board 31. Acondominium subdivision exemption plat drown with permanent ink on reproducible mylaz. Sheet siu shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1/2) inches on the left hand side of the sheet and aone-half (IR) irtch margin around the other three (}) sides of the sheet pursuant to Land Use Code Secdon 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, VafYc and pedestrian circulation, off-street parking, open space areas, infrastmcture improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 35. Exterior Llghtivg Plan. Show the location, height, type and luminous intensity of each above grade fixture. Estimate the site illumination as measured in Coot candles and include minimum, maximum, and average illumination. Additionally, provide comparable examples already in the community that demonstrate technique, specification, and/ or light level if they exist. 34. A written description ofthe variance being requested. ~., . ATTACHMENT5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifreen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ,. ~~. ATTACHMENT6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication -Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting -Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing -Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. 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 public hearing. ~, ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspeu, CO SCHEDULED PUBLIC HEARING DATE: ~ Zpp_ STATE OF COLORADO ) ss. Couuty of Pitkiu ) h (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 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 heazing 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. 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) Rezoning or text ansendment. 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this of , 200_, by day WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL 07/26/2007 13:22 FA% 9709258243 LTG-ASPEN fd002/002 LEI ~.1 1 Ills GUARANTEE CAMPANY 26, 2007 ity of Aspen :ommunity Development DeparUnent 30 South Galena seen, CO 81611 Sir/Madam: sed on my review of the public records, the Developer (Grand Aspen bodging) the Grand Hyatt Lodge (415 Dean Street), as of July 1 1, 2007 currently owns a al of 501 units/interests. Please feel free to call me if you have any questions. re Simonsen Examiner Title Guazantee Company 533 E. Hopkins Suite 192 Aspen, CO 81611 910.925-1678 Fas 970-9256243 Grand Aspen Lodging, LLC PO sox S Aspen, Colorado 81612 (970)925-2114 July 25, 2007 City Of Aspen Community Development Department To Whom It May Concern: Scott Writer and/or David Parker with Four Peaks Development continue to operate as the authorized representatives of Grand Aspen Lodging, LLC. All correspondence associated with the project, including the attached PUD Amendment should be directed to Four Peaks at the address above. Sincerel ~ Scott Writer Authorized Agent ,~-, ,. ,> ..o i~ 9~ o' z? 5= ~ ~". 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CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY Jessica Garrow, 429-2780 DATE: 7.24.2007 PLANNER: PROJECT: Grand AspenlLot 5 Aspen Mountain Subdivision PUD REPRESENTATIVE: Scott Writer, Grand Aspen Lodging LLC Tel: 925.2114 DESCRIPTION The Applicant would like to break up one 2 bedroom, 2 bath unit (currently unit number 23) into two 1 bedroom, 1 bathroom units. The proposal will yield no increase in keys, bedrooms, or pillows, and therefore has no growth management implications. The proposal requires an Insubstantial PUD Amendment and will require an amendment to the recorded condominium plat upon completion of the division. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.1O0.A Planned Unit Development, Insubstantial Amendment htto Ilwww aspenpitkin comldepts1381citycode.cfm Review by: -Staff for complete application - Referral agencies for technical considerations -Community Development Director for final determination on Amendment - Note, a public hearing is not required for this proposal unless the Community DevelopmenYDirectordetermines the request does not meet the Insubstantial PUD review standards. Planning Fees: $705 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $2351hour) Total Deposit: $705 To apply, submit the following information: 1, Total deposit for review of the application. 2. Proof of ownership. 3, Completed Land Use Application Form. 4, Signed fee agreement. 5. Completed Dimensional Requirements Form. g, Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. 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. 8, An 8112" by 11"vicinity map locating the parcel within the City of Aspen. g. Site improvement survey including topography and vegetation showing the current status, I tensed inlthe state of ColoradoatThisgmtust be cur~ent (within one ylelar) and s gned by a surveyoeyor, ~~ ~~ 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 11. Existing floor plans to determine the Multi-family Replacement Program mitigation requirements. 12. List of adjacent property owners within 300' for public hearing. Contact GIS Dept. at 920.5453. 13. Copies of prior approvals. 14. Additional application material as required for each specific review. (See application packet and land use code) 15. 3 Copies of the complete application packet and maps. HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. 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