HomeMy WebLinkAboutLand Use Case.411 S Monarch St.0079.2007.ASLU1.
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0079.2007.ASLU
PARCEL ID NUMBER 2737- 18 -2 -19 -002
PROJECT ADDRESS 411 S. Monarch Street
PLANNER Jason Lasser
CASE DESCRIPTION PUD Amendment
REPRESENTATIVE Eben Clark
DATE OF FINAL ACTION 3/19/08
CLOSED BY Amy DeVault
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ATTACHMENT
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: %% 'f?R.11GG✓l4 OEYJ [ddgt- , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 200
STATE OF COLORADO )
) Ss.
County Of Pitldn )
I, e r'l_ek &D ri (name, please print)
being or r6presenting 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
(IE) 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 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.
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 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. _
Sign�e /
The foregoin "Affidavit of Notice" was acknowledged before me this 3 / day
of 1200y, by afaa SCo!
Gity of Aspen
Publlshetl 1333430(Pen Times Weekly on Mam
n the 30, 2W8 (
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: OS I to b
S�rtl.-1 A C-�
Notary Public
LAURA
MEYER
ATTACHMENTS:
COPYOFTHEPUBLIC9TION yyCwdssion s08IV410
PHOTOGRAPH OF THE POSTED NOTICE (SIGN
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
DEVELOPMENT ORDER
City of Aspen
Community Development Department
This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070,
"Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen
Municipal Code. This Order allows development of a site - specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three (3) -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 the
change is accomplished or 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.
Property Owner's Name, Mailing Address and telephone number:
Dancing Bear Land, LLC 411 South Monarch Street, Aspen, CO represented by Eben P.
Clark, Clark, Klein, Cote & Edwards, LLC., 201 N. Mill St. Suite 203, Aspen CO
81611 - (970)925-8700
Legal Description and Street Address of Subject Property:
Lots P, Q, R, and S, Block 77, Dancing Bear Timeshare Lodge Planned Unit
Development (PUD), commonly known as 411 South Monarch Street, City and Townsite
of Aspen, Pitkin County, Colorado
An Insubstantial Amendment the Dancing Bear Timeshare Lodge Planned Unit
Development (PUD), commonly known as 411 South Monarch Street, to allow for an
overhead door to be installed to create a bear -proof trash and utility enclosure.
Land Use Approval Received and Dates:
Administrative approval granted March 31, 2008.
Effective Date of Development Order:
March 31, 2008. (Same as date of publication of notice of approval.)
Expiration Date of Development Order:
March 31, 2011. (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.)
this 31 st day of March 2008, by the City of Aspen Community Development Director.
Chris Bendon, AICP
Community Development Director
City of Aspen
I'I' NOUN
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Janice K. Vos Caudill
Clerk and Recorder
530 East Main Street
Aspen, CO 81611
(970) 429 -2707
www.PitkinClerk.ore
/` '5- T 7oa
Pitkin County Transaction #: 7185
Receipt #: 200801673
Cashier Date: 3/24/2008 9:09:41 AM
(JHAAS)
Page 1 of I
Print Date:
3/24/2008 9:09:44
AM
Customer Information
Transaction Information
Payment Summary
DateReceived: 03/24/2008
Source Code: Over the
Counter
(ASPCIT) ASPEN CITY OF
Q Code: Over the
Counter
Total Fees $31.00
ATTN CITY CLERK
Over the
Total Payments $31.00
Return Code:
Counter
Trans Type: Recording
Agent Ref
Num:
1 Payments
AM= CHECK 3640
$31.00
Recorded Items
_ BK/PG: 0/0 Reception: 547698 Date:312412008
R (NOTICE) NOTICE 9:09:39 AM
From: To:
I Recording @ $6 for Ipg and $5 for 2 or more pgs I 6I $31.00I
$1 Surcharge
0 Search Items
0 Miscellaneous Items
file://C: \Program Files \RecordingModule \default.htm 3/24/2008
RECEPTION #: 547698, 03/24/2008 at
9:09:39 AM,
1 OF 6, R $31.00 Doc Code NOTICE
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
For An Insubstantial Amendment to 411 South Monarch Street, Dancing Bear
Timeshare Lodge Planned Unit Development (PUD), Lots P, Q, R, and S, Block 77,
City and Townsite of Aspen, Pitkin County, Colorado
Ordinance No. 29, Series of 2003
Parcel ID No. 2737- 182 -19 -002
APPLICANT: Dancing Bear Land, LLC.
REPRESENTATIVE: Eben P. Clark, Klein, Cote & Edwards, LLC
SUBJECT OF AMENDMENT: Dancing Bear
Timeshare Lodge Planned Unit Development
(PUD), Lots P, Q, R, and S, Block 77, City and
Townsite of Aspen, Pitkin County, Colorado,
Ordinance No. 29, Series of 2003
SUMMARY:
On behalf of Dancing Bear Land, LLC, Eben Clark of Klein, Cote & Edwards, LLC has
applied for an Insubstantial Amendment to the Timeshare Lodge Planned Unit
Development, Ordinance No. 29, Series of 2003.
The Applicant is requesting amending the PUD to allow for an overhead door to be
installed to create a bear -proof trash and utility enclosure. The proposed trash enclosure is
part of a Planned Unit Development (PUD) and PUD Amendment approval is required to
modify the building.
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 there is no net increase in area due to the reconfiguration of the
existing layout. 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. Staff supports the addition of an overhead door to create a bear -proof trash
enclosure to protect both the trash and bears.
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 specified below.
The approved amendment to the Dancing Bear Timeshare Lodge PUD, allows for
the installation of a garage door to create an enclosed trash area as shown in Exhibit
A.
APPROVED BY:
31M L&
Chris flendon
Community Development Director
Attachments:
Exhibit A — Site Plan, Plan, existing and revised Elevations
Exhibit B - Review Criteria
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ILVIA DAVIS PI TKI NIle�� �II �DO��� 49844 s 10;09A
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ORDINANCE N0. 29
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
DANCING BEAR LODGE PRESERVATION MINOR PLANNED UNIT
DEVELOPMENT APPLICATION INCLUDING REZONING, SUBDIVISION,
TIMESHARE, MOUNTAIN VIEW PLANE, AND GROWTH MANAGEMENT
QUOTA SYSTEM EXEMPTION (GMQS) FOR LODGE PRESERVATION AND
AFFORDABLE HOUSING FOR THE PROPERTY LOCATED AT 411 S.
MONARCH STREET, LOTS P, Q, R, AND S, BLOCK 77, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735 - 182 -19 -002
WHEREAS, the Community Development Department received an application
from MSE Aspen Holdings, Inc, owner, represented by Mitch Haas of Haas Land
Planning, LLC, requesting approval of a Lodge Preservation (LP) Minor Planned Unit
Development including Rezoning, Subdivision, Timeshare, Mountain View Plane, and
Growth Management Quota System Exemptions (GMQS) for Lodge Preservation on the
property described as Lots P, Q, R, and S, Block 77, City and Townsite of Aspen; and,
WHEREAS, the subject property is approximately 11,957 square feet, and is
located in the Lodge/Tourist Residential (IJTR) Zone District; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicant has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text
Amendments; Section 26.435, Mountain View Plane; Section 26.445, Planned Unit
Development; Section 26.470, Growth Management Quota System; Section 26.480,
Subdivision; and, Section 26.590, Timeshare, the City Council may approve, approve
with conditions, or deny the land use requests made by the applicant during a duly
noticed public hearing after taking and considering comments from the general public,
and recommendations from the Planning and Zoning Commission, Community
Development Director, and relevant referral agencies; and,
WHEREAS, the Community Development Director recommended approval of
the Minor PUD and its associated land use requests, finding that the applicable review
standards have been met; and,
WHEREAS, during a duly noticed public hearing on April 15, 2003, the
r^ Planning and Zoning Commission voted three to three (3 -3) on adoption of Resolution
No. 6, Series of 2003, effectively recommending that City Council deny the Dancing Bear
Minor PUD and its associated land use requests; and,
WHEREAS, during a duly noticed public hearing on June 23, 2003, City Council
conducted and continued the public hearing on the Dancing Bear PUD to July 28, 2003;
and,
WHEREAS, during a duly noticed public hearing on July 28, 2003, City Council
conducted and continued the public hearing on the Dancing Bear PUD to August 11,
2003; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the Aspen/Pitkin County Housing Authority, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Lots P, Q, R, and S of Block 77, City and Townsite of Aspen, is hereby rezoned to L/TR
(Lodge/Tourist Residential) with Planned Unit Development (PUD) and Lodge
Preservation (LP) Oveilays.
Section 2•
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Dancing Bear Timeshare Lodge Minor PUD, which
includes applications for Minor PUD, Subdivision, Timeshare, Mountain View Plane, and
Growth Management Quota System Exemptions (GMQS) for-Lodge Preservation and
Affordable Housing for the development of a timeshare lodge consisting of twenty -seven
(27) lodging bedrooms and two (2) affordable housing units (consisting of two 2-
bedroom units) as was represented on the plans presented to City Council at the August
11, 2003 meeting, which included a centered fourth floor gazebo of approximately 1,580
square feet, subject to the following conditions:
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No. 6, Series of 2003, effectively recommending that City Council deny the Dancing Bear
Minor PUD and its associated land use requests; and,
WHEREAS, during a duly noticed public hearing on June 23, 2003, City Council
conducted and continued the public hearing on the Dancing Bear PUD to July 28, 2003;
and,
WHEREAS, during a duly noticed public hearing on July 28, 2003, City Council
conducted and continued the public hearing on the Dancing Bear PUD to August 11,
2003; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the Aspen/Pitkin County Housing Authority, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Lots P, Q, R, and S of Block 77, City and Townsite of Aspen, is hereby rezoned to L/TR
(Lodge/Tourist Residential) with Planned Unit Development (PUD) and Lodge
Preservation (LP) Oveilays.
Section 2•
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Dancing Bear Timeshare Lodge Minor PUD, which
includes applications for Minor PUD, Subdivision, Timeshare, Mountain View Plane, and
Growth Management Quota System Exemptions (GMQS) for-Lodge Preservation and
Affordable Housing for the development of a timeshare lodge consisting of twenty -seven
(27) lodging bedrooms and two (2) affordable housing units (consisting of two 2-
bedroom units) as was represented on the plans presented to City Council at the August
11, 2003 meeting, which included a centered fourth floor gazebo of approximately 1,580
square feet, subject to the following conditions:
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SILVIR DRVIS PITKIN COUNTY CO
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d..� 1. A PUD and Subdivision Improvements 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).
2. A Final 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.
C. A drawing(s) representing the project's architectural character.
3. Prior to applying for a building permit, the applicant shall cause and pay
for recordation of a PUD Agreement and the Final PUD Plans, as
specified above, with the Pitkin County Clerk and Recorder.
4. The following dimensional requirements of the PUD are approved and
shall be printed on the Final Illustrative Plan:
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5. The building permit application shall include the following:
F 1 a. A copy of the final recorded Ordinance.
b. The conditions of approval printed on the cover page of the
building permit set.
c. A completed tap permit for service with the Aspen
Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department
and any approval from the Parks Department Director for off -
site replacement or mitigation of any removed trees.
e. A detailed ventilation plan of the parking garage ventilation
system prepared by an engineer that specializes in the design of
ventilation and heating systems.
A fugitive dust control plan which includes proposed
construction fencing, watering of haul roads and disturbed
areas, daily cleaning of adjacent paved roads, construction
speed limits, and other measures necessary to prevent
windblown dust from crossing the property line.
A detailed kitchen plan for approval by the City Environmental
Health Department.
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h. A study performed by a Colorado licensed Civil Engineer
demonstrating how the required excavation of the site may be
performed without damaging adjacent structures and/or streets.
If the applicant utilizes soil pins to stabilize excavation cuts, the
applicant shall be required to provide a financial assurance in an
amount to be determined by the Community Development
Engineer. The City Engineering Department strongly prefers
that the applicants use soil hardening techniques rather than soil
pins to stabilize the excavation cuts.
i. A drainage plan, including an erosion control plan, prepared by
a Colorado licensed Civil Engineer, which maintains sediment
and debris on -site during and after construction. If a ground
recharge system is required, a soil percolation report will be
required to correctly size the facility. A 2 -year stonn frequency
should be used in designing any drainage improvements.
6. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community
Development Director stating that the conditions of approval have
been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid.
If an alternative agreement to delay payment of the Water Tap
and/or Parks Impact fee is finalized, those fees shall be payable
according to such agreement.
The Applicant shall comply with the City of Aspen Water System
Standards, with Title 25, and with applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal
Code, as required by the City of Aspen Water Department.
8. The Applicant shall comply with the Aspen Consolidated Sanitation
District's rules and regulations. If new sewer lines are required, then the
existing service must be excavated in the alley and disconnected at the
main sewer line. No clear water connections (roof, foundation, perimeter
drains) shall be allowed to ACSD lines. All improvements below grade
shall require the use of a pumping station.
9. The Applicant shall abide by all noise ordinances. Construction activity is
limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday.
a 10. The Applicant shall agree that there will be no construction material or
dumpsters stored on the public rights -of -way unless a temporary
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encroachment license is granted by the City Engineer. In addition, the
Applicant shall submit a full set of construction management plans as part
of the building permit application, and the management plans shall include
a noise, dust control, and construction traffic and construction parking
management plan which addresses, at a minimum, the following issues:
a. Defining the construction debris hauling routes and associated
impacts on local streets; and
b. Construction parking mitigation, except for essential trade
trucks, no other personal trucks are to be parked in the area
around the site. The city encourages that site workers be
shuttled in from the airport parking area.
11. The Applicant shall complete (prior to any of the remodel work, including
removal of drywall, carpet, tile, etc.,) the Building Department's asbestos
checklist, and if necessary, a person licensed by the State to do asbestos
inspections must conduct an inspection. The Building Department cannot
sign any building permits until they get this report. If there is no asbestos,
the demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it.
12. The Applicant shall not track mud onto City streets during construction.
A washed rock or other style mud rack must be installed during
construction.
13. All exterior lighting shall meet the City of Aspen Lighting Code
requirements set forth in Land Use Code Section 26.575.150, as may be
amended from time to time.
14. The Applicant shall install an adequate fire alarm system throughout the
structure as determined by the Fire Marshal. The Applicant shall also
install a fire sprinkler system and fire extinguishers that meet the
requirements of the Fire Marshal. In addition, the water service
connection to the sprinklers must provide an adequate flow of water to
eliminate the need for a fire pump. The Applicant shall also install
standpipes within the stairwells.
15. The Applicant shall submit financial assurance in an amount and form
acceptable to the City Engineer and City Water Department Director for
excavation in the public right -of -way. The Applicant shall also schedule
the abandonment of the existing water tap prior to requesting a new water
tap.
16. The Applicant shall provide the Water Department with a detailed plan for
400�+ relocating the fire hydrant that demonstrates that the water mains will be
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shut down during the relocation of the hydrant. This plan shall be
approved by the Water Department prior to relocation of the hydrant.
17. The Applicant shall install an oil and grease separator in the restaurantibar
that meets the Aspen Consolidated Sanitation District's regulations. The
applicant shall also install an oil and sand separator for the indoor parking
facilities.
18. All design, installation, and maintenance of the pools and spas must
comply with the State of Colorado's "Swimming Pool and Mineral Bath
Regulations."
19. The Applicant shall obtain a Colorado Retail Food Establishment License
prior to serving guests food that has been prepared on -site. The Applicant
shall also obtain a liquor license prior to serving alcoholic beverages.
20. A bear -proof dumpster shall be located on -site meeting the standards of
the City of Aspen Wildlife Ordinance.
21. The Applicant shall mitigate for PM -10 as proposed in the application by
1) providing a fleet of five (5) bicycles for use by guests and employees,
by 2) providing a shuttle to and from the airport on demand of guests, 3)
by providing free bus passes to lodge employees, and by 4) providing a
fleet of at least two (2) hybrid vehicles for use by guests and employees.
22. All landscaping in the public right -of -way shall meet the requirements set
forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public
Right -of -Way. Any landscaping in the public right -of -way shall be
approved by the City Parks Department prior to installation. The
Applicant shall also obtain a revocable encroachment license from the
City Engineering Department prior to installation of any landscaping or
improvements in the public right -of -way.
23. The Applicant shall install tree saving construction fences around the drip
line of any trees to be saved.
a. The City Forester or his/her designee must inspect this fence
before any construction activities commence.
b. No excavation, storage of materials, storage of construction
equipment, construction backfill, foot or vehicular traffic shall
be allowed within the fenced drip line.
24. Each owner of an estate shall have an undivided interest in the common
recreational areas within the facility.
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25. The Applicant shall adequately mitigate for employee generation by
providing affordable housing mitigation for at least 2.35 FTEs in the form
of constructing two (2) deed restricted units (two 2- bedroom units) on -site,
which will provide mitigation for 4.5 FTEs. The required employee
housing mitigation shall be completely satisfied in the manner specified
herein prior to issuance of a certificate of occupancy for the proposed
development.
26. The Applicant shall install two (2) ADA accessible sidewalk ramps. One
ramp shall be constructed from the sidewalk onto Monarch Street and the
other ramp shall be constructed from the sidewalk onto Durant Avenue.
The applicant shall install sidewalk, curb, and gutter that meet the City
Engineer's required specifications along Monarch Street and Durant
Avenue prior to issuance of a Certificate of Occupancy. A minimum
radius of twenty -five (25) feet from the flowline of the comer shall be
maintained at Durant Avenue and Monarch Street. If the applicant cannot
provide a radius of twenty -five (25) feet from the flowline of the corner
because they wish to maintain the existing Pine tree, then the applicant
shall provide the largest radius possible without damaging the tree. The
applicant shall also reconstruct the alley driveway pan at the east end of
the alley.
27. The Applicant shall not install a char broiler on the rooftop patio.
28. The Applicant shall have an electric connect load summary conducted by
a licensed electrician to determine if the existing transformer has sufficient
capacity for the Dancing Bear Development. If a new transformer is
required, the applicant shall provide for a new transformer and its location
shall be approved by the Community Development Department prior to
installation. The applicant shall provide an easement to allow for City
Utility Personnel to access the new transformer.
29. The Applicant shall sign a shared sewer service line agreement prior to
building permit issuance.
30. The Applicant shall sign two (2) of the surface parking spaces that are
accessed off the alley as thirty (30) minute parking for use by guests for
the purpose of checking in.
31. The Applicant shall provide priority to the occupant(s) of the affordable
housing units, for the use of four (4) of the on -site parking spaces. In the
event that the occupant(s) of the affordable housing units do not own cars
or desire use of the parking spaces, the parking spaces shall remain
available for the general use of the lodge guests.
/-.
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32. The Applicant shall pay the applicable fee in -lieu of school land
dedication as determined by the City of Aspen Zoning Officer for the
Affordable Housing Units prior to building permit issuance.
33. The affordable housing units shall be deed restricted at the Category 2
rental rate, but since the units are for the use of the lodge, income and
asset restrictions shall be waived. Further, the Applicant shall meet with
the Housing Office Staff prior to the completion of the project to establish
mutually acceptable lease terms for employees whose units are attached to
the business.
34. As volunteered, the Applicant shall convey an undivided fractional interest
(one -tenth of one percent) in the ownership of the deed restricted
employee housing units to the Aspen/Pitkin County Housing Authority for
the purposes of complying with the Colorado Supreme Court Decision
regarding rent control legislation. To satisfy the rent control issue, the
Applicant may submit an alternative option acceptable to the City
Attorney.
35. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County
Housing Authority and City of Aspen from any claims, liability, fees or
similar charges related to ownership in the deed restricted affordable
n housing units.
36. All unsold timeshare units that are not used by the Applicant for exchange,
marketing or promotional purposes shall be made available for short-term
rent until purchased. This condition shall be included in the PUD and
Subdivision Agreements to be recorded in the Pitkin County Clerk and
Recorder's Office.
37. Nothing in the timeshare documents shall prohibit short-term rental or
occupancy of the units. It is the intent of this condition that the non -deed
restricted units shall be available for short-term rental purposes when not
occupied by the purchaser or its guests or utilized for exchange programs.
38. The final PUD plans shall contain a parking ramp width of at least twenty -
one (21) feet.
39. The Applicant shall submit all timeshare documents and disclosure
statements to the City Attorney for review prior to their recordation at the
Pitkin County Clerk and Recorder's Office.
40. The City of Aspen Finance Department shall conduct an annual audit of
the sales tax revenues that the City collects from the Dancing Bear Lodge
over its first five (5) years of operation, to determine if the projected
e
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,SILVIA DAVIS "PITKIN "COUNTY CO' R 30.00 D 0.00
revenues are accurate, The Applicant shall cooperate with the Finance
Department in its annual audit efforts.
41. Any conversion to the use of the restaurant area, shall require approval of a
PUD amendment.
42. . The Applicant shall install a non - reflective coating or use non- reflective
glass on the glass gazebo to reduce outward glare as much as possible,
43. The Applicant shall install opaque window coverings in the glass gazebo.
44. The Applicant shall pay the applicable Park Development Impact Fees to be
calculated by the City of Aspen Zoning Officer for the creation of new
lodging and residential bedrooms prior to building permit issuance.
Section 3•
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
f� reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A public hearing on the ordinance was held on the 23rd day of June, 2003, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, and continued to July 28, 2003.
Section 6•
A continued public hearing on the ordinance was held on the 28°i day of July, 2003, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado, and continued to August 11,
2003.
Section 7•
A continued public hearing on the ordinance was held on the I ld' day of August, 2003, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 27th day of May, 2003.
Helen Kalin anderud, or
j
..� Attest: IIIIIIIII�IIIIIIITIIIIIIIoIIIIIIIIII�lllllllllllllllll e°e84® eleea
R x.00 0/2
Kathryn 5. , City Clerk
FINALLY, adopted, passed and approved by a vote of three to two (3 -2), this 11th day of
August, 2003.
Attest:
Kathryn S. K , City Clerk
Approved as to form:
John P. Worcester, City Attorney
w
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SILVIR DRVIS PITKIN COUNTY CO R 56.00 00.00
PLANNED UNIT DEVELOPMENT (PUD)
& SUBDIVISION IMPROVEMENTS AGREEMENT
FOR
THE DANCING BEAR LODGE PROJECT
THIS AGREEMENT is made this day of , 200_, between
MSE ASPEN HOLDINGS, LTD, a Colorado Limited Partnership, (Michael S. Egan, President,
MSE Aspen Holdings, Inc., as General Partner) (the "Owners ") and THE CITY OF ASPEN, a
municipal corporation (the "City').
RECITALS:
WHEREAS, the Owners own that certain real property (the "Property") known as the
Dancing Bear Lodge and formerly known as the Aspen Manor Lodge located at 411 South
Monarch Street (Parcel Identification Number 2735- 182 -19 -002) in the City of Aspen, County of
Pitkin, State of Colorado, legally described as:
Lots P, Q, R, and S, Block 77, City and Townsite of Aspen, County of Pitkin,
State of Colorado; and,
WHEREAS, the Property is being redeveloped by the Owners as follows, where said
redevelopment is hereinafter referred to as the "Project":
• The twenty-three (23) existing, outdated rooms will be replaced with nine (9) three -
bedroom lodging units, where each lodging unit includes a one - bedroom lock -off, providing a total
of eighteen (18) units. It will also include two (2) two - bedroom employee housing units on the
ground floor. In total, the redeveloped structure will include three subgrade levels, three stories
above grade, and a roof -top gazebo, as follows:
• The three sub -grade levels accommodate a floor of guest and service facilities (such as, but
not limited to, a computer /library room, a theater, television and game rooms, restrooms, an office,
a housekeeping staging area, and various storage facilities), a floor of parking, and a floor of
storage with a conference room;
• The ground level includes one (1) three - bedroom unit/one- bedroom lock -off unit, and two
(2) two - bedroom employee dwelling units, as well as a lobby with a front desk check -in area, an
office and operations area, and a lounge/bar -type facility;
• The second and third floors will each include four (4) three - bedroom units, where each of
these four (4) units includes a one -bedroom lock -off unit; and,
The centered fourth floor gazebo structure of approximately 1,580 square feet to house
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sIIIIII DAVIS IIII IIII IIIIIIIIIL IIIIII III VIII IIII IIII 90 9 8o a 4 19:13A
mechanical equipment and guest facilities such as, but not limited to, restrooms and an exercise
room.
WHEREAS, pursuant to Ordinance No. 29, Series of 2003 ( "Ordinance "), the City granted
Rezoning to Lodge - Tourist Residential with Lodge Preservation and Planned Unit Development
overlays (L- TR/LP/PUD), Minor Planned Unit Development, Subdivision, Timeshare, Mountain
View Plane, Growth Management Quota System (GMQS) Exemptions for Lodge Preservation
and Affordable Housing, approval for the Project; and,
WHEREAS, the City and the Owners wish to enter into a PUD and Subdivision
Improvements Agreement for the Project; and,
WHEREAS, Owners have submitted to the City for approval, execution and recordation, a
Final PUD Plan and Final Plat for the Project (collectively, the "Plat ") and the City agrees to
approve, execute and record the Plat at Owners' expense on the agreement of the Owners to the
matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the
"Code "), the Ordinance, and other applicable rules and regulations; and,
WHEREAS, the Owners are willing to enter into such agreement with the City and to
provide assurances to the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the
approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows:
1. Description of Proiect. Refer to the second "Whereas" statement.
PUD Dimensional Requirements. As set forth in Condition 4, Section 2 of the Ordinance, the
following dimensional requirements were approved by the City as part of the Project, are
shown on the Final PUD Plan, and shall be printed on all final building permit plan sets:
a. Minimum Lot Size: 6,000 square feet.
b. Minimum Lot Area per Dwelling Unit: No requirement.
C. Maximum Allowable Density: One lodge or residential bedroom per 380 square feet of lot
area.
d. Minimum Lot Width: 60 feet.
e. Minimum Front Yard (East Durant): 8 feet for the main structure, and 0 (zero) feet for
small architectural wall shown on Final PUD Plan.
f. Minimum Side Yard: 5 feet for the main structure, 3 feet for architectural overhangs and
columns, and 0 (zero) feet for stairs, planter boxes, and walkway defining walls.
g. Minimum Rear Yard: 1 foot.
h. Maximum Site Coverage: No requirement.
i. Maximum Height: 46 feet and 6 inches from existing grade to the top of the fourth floor
elevator shaft.
j. Minimum Distance Between Buildings: No requirement.
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k. Minimum Percent Open Space: 9 percent.
1. Trash Access Area: 35 square feet, plus loading area.
m. Allowable External Floor Area Ratio (FAR): 2.98:1.
n. Minimum Off- Street Parking Spaces: 0.67 spaces per bedroom (21 spaces for 31
bedrooms, including the four employee housing bedrooms).
Acceptance of the Plat. Upon execution of this Agreement by the parties hereto, the City
agrees to approve and execute the Plat for the Project submitted herewith, and which conforms
to the Final PUD Plan and Plat requirements of the Code and the Ordinance. The City agrees
to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon
Owners' payment of the recordation fee. If the approved Final PUD Plans change subsequent
to this approval, a complete set of revised plans shall be provided to the Engineering and
Community Development Departments for review and evaluation.
4. Development Requirements. The following development requirements will be satisfied by
Owners pursuant to the Ordinance.
a. Em looyee Housing. The Project is required to adequately mitigate for employee generation
by providing deed restricted employee housing for at least 2.35 full -time equivalent employees
(FTEs). The Project includes two (2) two - bedroom deed restricted employee housing units, limited
to occupancy by employees of the Dancing Bear Lodge. The units need not meet the minimum net
livable square footage requirements of the Aspen/Pitkin County Affordable Housing Guidelines
(the Guidelines) in effect at the time of building permit issuance, but must be deed restricted at the
Category 2 rental rate as described in the Guidelines then in effect; however, since the units are to
be used only by employees of the lodge itself, income and asset restrictions are waived. Owners
shall complete and record the deed restrictions prior to applying for building permits to construct
such units. Further, the Owners shall meet with the Housing Office staff prior to the completion of
the Project to establish mutually acceptable lease terms for employees whose units are attached to
the business. The two (2) employee units provide housing credit for 4.5 FTEs, which is 2.15
FTEs more than required.
In an effort to be consistent with Section 38 -12 -301, C.R.S., and the Colorado Supreme
Court decision on the Town of Telluride v. Lot Thirty -Four Venture L.L.C. (Case No. 98
-5C -547, decided June 5, 2000), Owners desire to grant to the Aspen/Pitkin County
Housing Authority (APCHA) an undivided one -tenth of one percent (0.1 %) ownership
interest in the above - described employee housing units of the Project. With the APCHA
consent to accepting an interest in the property, the Owners agree to indemnify and hold
harmless for any claims, liability, fees, or similar charges related to ownership of an interest
in the affordable housing units. Conveyance of the hereinabove described ownership
interest from Owners to the APCHA shall take place prior to or concurrent with issuance
of a Certificate of Occupancy for the units and after said units have been rendered capable
of separate conveyance by way of condominium map or the similar (as described in
paragraph 5, below). The APCHA shall not be entitled to the payment of monies upon sale
L
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SILVIA DAVIS PITKIN COUNTY CO R 50.00 0 0.00
or rental at any time of any residential units in the Project, nor shall the APCHA be entitled
to derive any economic benefit by virtue of its undivided interest in the Project. Owner
reserves the right to submit an alternative option, subject to review and acceptance by the
City Attorney, to satisfy the rent control issue.
b. Wastewater and Surface Drainage. The site development will meet the runoff design
standards of the Aspen Municipal Code at Section 26.580.020(B)(6). Full soils reports, drainage
plans, and erosion and sediment control plans for both during and after construction, will be
submitted for review by the Engineering Department as part of the building permit application.
The drainage and erosion control plan shall be prepared by a Colorado licensed Civil
Engineer, and said plan shall demonstrate maintenance of sediment and debris on -site
during and after construction. If a ground recharge system is necessary, a soil percolation
report will be required to correctly size the facility. A two -year storm frequency should be
used in designing any drainage improvements. Foundation drainage systems must be
separate from site storm drainage systems. Rain and snow melt runoff must be detained
and routed on -site. These facilities must be shown on the drainage plans and submitted for
approval as part of the application for building permit. The drainage and erosion control
plans shall prevent mud from getting tracked into the streets and shall demonstrate that roof
drainage will not be discharged onto the sidewalk or into drain chases through the
sidewalk. There shall be no clear water connections such as roof drains, foundation drains,
or storm water connections to the Aspen Consolidated Sanitation District (ACSD) sewage
lines.
C. Building Permit Plan Requirements. In addition to such requirements enumerated
elsewhere herein and otherwise required by the City of Aspen Building Department, the
following information shall be submitted as part of the building permit application:
1. A copy of the Ordinance; construction dust and noise mitigation plan;
2. A list of all conditions of approval associated with the Project printed on the cover
page of the building permit plans set; a completed tap permit for service with the
ACSD;
3. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off -site replacement or mitigation of any
removed trees;
4. A detailed ventilation plan of the parking garage ventilation system prepared by an
engineer that specializes in the design of ventilation and heating systems;
5. A fugitive dust control plan which includes proposed construction fencing, watering
of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction
speed limits, and other measures necessary to prevent windblown dust from crossing
the property line;
6. A detailed kitchen plan for approval by the City Environmental Health Department;
and,
7. A study performed by a Colorado licensed Civil Engineer demonstrating how the
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SILVIA DAVIS PITKIN COUNTY CO R 50.06 0 0.00
required excavation of the site may be performed without damaging adjacent structures
and/or streets. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant
shall be required to provide a financial assurance in an amount to be determined by the
Community Development Engineer. The City Engineering Department strongly prefers
that the applicants use soil hardening techniques rather than soil pins to stabilize the
excavation cuts.
d. Building Permit Issuance Muirements. In addition to such requirements enumerated
elsewhere herein and otherwise required by the City of Aspen Building Department, the following
shall be provided prior to issuance of any building permits:
1. The primary contractor shall submit a letter to the Community Development Director
stating that the conditions of approval have been read and understood.
2. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those
fees shall be payable according to such agreement
3. Owners shall sign a shared sewer service line agreement with the ACSD.
e. Utility Connections. Owners shall comply with ACSD Hiles and regulations; if new sewer
lines are required, then existing services must be excavated in the alley and disconnected at the
main sewer line. Owners shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Owners shall
have an electric connect load summary conducted by a licensed electrician to determine if the
existing transformer has sufficient capacity for the Project; if a new transformer is required,
Owners shall provide for a new transformer, its location shall be approved by the Community
Development Department prior to installation, and an easement shall be provided to allow for City
Utility Personnel to access the new transformer. In general, all utility meters and service
connection points will be accessible to service personnel in the completed project and will not be
obstructed by garbage or recycling containers, other structures or vegetation. Any necessary and
new utility easements, required for surface utilities such as a pedestal or other above - ground
equipment, shall be shown on the plan set submitted for building permits. The Owners shall install
and replace utility service lines and appurtenances, as required, to the standards of the utility
provider. The costs of any necessary upgrades to existing utility lines, systems, and/or facilities
attributable to the Project will be borne by the Owners. The Owners will use good faith efforts to
not disrupt utility service to adjacent properties during construction.
f. Fire Protection. Owners shall install an adequate fire alarm system throughout the structure
to the extent required by the Fire Marshal. Owners shall also install a fire sprinkler system
and fire extinguishers that meet the requirements of the Fire Marshal. Standpipes shall be
installed within the stairwells. In addition, the water service connection to the sprinklers
must provide an adequate flow of water to eliminate the need for a fire pump.
g. Construction Management. Mud shall not be tracked onto City streets during demolitions.
iIIIIII VIII IIIIII II I I VIII II (IIIIII III VIII (III ll�l 05/08/2004
010:13A
A washed rock or other style mud rack shall be installed during construction as a
requirement of the City of Aspen Streets Department. Construction materials shall not be
stored in or on the public rights -of -way unless a temporary encroachment license is granted
by the City Engineer. Construction is prohibited on Sundays and between the hours of 7:
00 p.m. and 7:00 a.m. on all other days. All City noise ordinances shall be abided by. A
full set of construction management plans will be submitted by the Owners to the City as
part of the building permit application and said management plan will include a noise, dust
control, and construction traffic and construction parking management plans addressing at
least the following: (a) definition of construction debris hauling routes and anticipated
impacts on local streets; and, (b) construction parking mitigation where, except for
essential trade trucks, no personal trucks are to be parked on public streets around the site,
and shuttling in of personnel from the airport parking area is encouraged.
h. Future Improvement District(s). Owners agree to join any future improvement district(s)
formed for the purpose of constructing public improvements which benefit the property
under a fair share assessment formula. Prior to the issuance of a Certificate of Occupancy
for any part of the Project, Owners agree to sign a sidewalk, curb and gutter construction
agreement and pay any applicable recording fees associated therewith.
Lighting. Any and all outdoor lighting shall comply with the applicable portions of
Section 26.575.150, Outdoor Lighting, of the Aspen Land Use Code, as may be amended
from time to time. Owners shall install a non - reflective coating or use non - reflective glass on
the fourth floor glass gazebo to reduce outward glare as much as possible, and opaque
window coverings shall be installed inside the glass gazebo.
j. Work In Rights -Of -Way. Owners shall obtain a revocable encroachment license from the
City Engineering Department prior to commencing any landscaping or improvements in the public
right -of -way. With regard to excavation, water taps, landscaping, sidewalk, and roadway
improvements in public rights -of -way, the following shall also be required:
1. Owners shall submit financial assurance in an amount and form acceptable to the City
Engineer and City Water Department Director for excavation in the public right -of -way. Owners
shall also schedule the abandonment of the existing water tap prior to requesting •a new water tap.
2. All landscaping in the public right -of -way shall meet the requirements set forth in
Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping
in the public right -of -way shall be approved by the City Parks Department prior to installation.
3. Owners shall install two (2) ADA accessible sidewalk ramps. One ramp shall be
constructed from the sidewalk onto Monarch Street and the other ramp shall be constructed from
the sidewalk onto Durant Avenue. Owners shall install sidewalk, curb, and gutter that meet the
City Engineer's required specifications along Monarch Street and Durant Avenue prior to issuance
of a Certificate of Occupancy. A minimum radius of twenty-five (25) feet from the flowline of the
comer shall be maintained at Durant Avenue and Monarch Street. If Owners cannot provide a
radius of twenty-five (25) feet from the flowline of the corner because they wish to maintain the
existing Pine tree, then Owners shall provide the largest radius possible without damaging the tree.
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4. Owners shall reconsftucf the a7%y -&nveway pan at the east end of the alley.
k. Trees, Protection, Removal Permits, and Plantin Pg lans. In the event required and prior to
building permit application, a tree removal permit must be obtained from the Parks
Department for any tree(s) that is/are to be removed or relocated. Owners shall install tree
saving construction fences around the drip line of any trees to be saved, and with regard to
such tree saving fences: (a) The City Forester or his/her designee must inspect this fence
before any construction activities commence; and (b) No excavation, storage of materials,
storage of construction equipment, construction backfill, foot or vehicular traffic shall be
allowed within the fenced drip line.
1. Parking and PM 10 Mitigation. Owners shall mitigate for PM 10 by 1) providing a fleet of
five (5) bicycles for use by guests and employees, by 2) providing a shuttle to and from the airport
on demand of guests, 3) by providing free bus passes to lodge employees, and by 4) providing a
fleet of at least two (2) hybrid vehicles for use by guests and employees. Satisfaction of these
requirements shall be sufficient PM 10 mitigation to satisfy all associated requirements of the
Environmental Health Department.
Two (2) of the surface parking spaces that are accessed off the alley shall be signed as
thirty (30) minute parking for use by guests for the purpose of checking in. Priority to the
occupant(s) of the affordable housing units shall be provided for use of four (4) of the on-
site parking spaces; in the event that the occupant(s) of the affordable housing units do not
own cars or desire use of the parking spaces, the parking spaces shall remain available for
the general use of the Project's other occupants or guests. The ramp providing access to
the subgrade parking garage shall have a width of at least twenty-one (2 1) feet.
m. Water and Sewer. In addition to all other water and sewer related requirement enumerated
herein, the following shall be required. Owners shall provide the Water Department with a
detailed plan for relocating the fire hydrant that demonstrates that the water mains will be
shut down during the relocation of the hydrant; this plan shall be approved by the Water
Department prior to relocation of the hydrant.
Owners shall install an oil and grease separator in the restaurant/bar that meets the Aspen
Consolidated Sanitation District's regulations. The applicant shall also install an oil and
sand separator for the indoor parking facilities.
n. Asbestos. Owners shall notify the State prior to remodel, expansion or demolition of any
buildings, including removal of drywall, carpet, tile, etc., and a licensed asbestos inspector
must conduct an inspection. If there is no asbestos, the demolition can proceed. If asbestos
is present, a state licensed asbestos removal contractor must remove it. Owners shall report
these findings to the Environmental Health Department and Building Department prior to
the issuance of demolition and building permits.
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o. Pools and Spas. All design, installation, and maintenance of the pools and spas must
comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations."
p. Food and Alcohol Service. Owners shall obtain a Colorado Retail Food Establishment
License prior to serving guests food that has been prepared on -site. Owners shall also
obtain a liquor license prior to serving alcoholic beverages. Installation of a char broiler on
the rooftop patio shall be prohibited. Any conversion to the use of the restaurant area shall
require approval of a PUD amendment.
q. Fees. Prior to issuance of a building permit, all applicable tap fees, impact fees and
building permit fees shall be paid. Cash -in -lieu of school land dedication shall be paid at the time
of building permit issuance, the amount of said fees shall be determined by the City of Aspen
Zoning Officer, and fees shall be assessed only for the affordable housing units being built.
Park development impact fees are due and payable to the City of Aspen at the time of
building permit issuance, and said payments shall be made on a proportional basis to the net
number of bedrooms (lodging and residential) being constructed. Twenty -three (23)
lodging bedrooms exist on the Property for purposes of calculating the net number of new
bedrooms being developed in the Project. The park development impact fees due shall be
calculated by the City of Aspen Zoning Officer.
Both the cash -in -lieu of school land dedication and the park development impact fees shall
be assessed based on the adopted standardstrates in effect at the time of payment.
If an alternative agreement to delay payment of the Water Tap and/or the Park Development
Impact fee is finalized, those fees shall be payable according to such agreement.
r. Timeshare. Owners shall submit all timeshare documents and disclosure statements to the
City Attorney for review prior to their recordation at the Pitkin County Clerk and Recorder's
Office.
Each owner of an estate shall have an undivided interest in the common recreational areas
within the facility.
All unsold timeshare units that are not used by Owners for exchange, marketing or
promotional purposes shall be made available for short -term rent until purchased.
Nothing in the timeshare documents shall prohibit short -term rental or occupancy of the
units; it is the intent of this condition that the non -deed restricted units shall be available for
short -term rental purposes when not occupied by the purchaser or its guests or utilized for
exchange programs.
r-�
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SILVI9 D9V28 PITKINCOUNTY CO R 55.00 D 0.00
S. Sales Tax Revenue Audits. The City of Aspen Finance Department shall conduct
an annual audit of the sales tax revenues that the City collects from the Project over its first
five (5) years of operation, to determine if the projected revenues are accurate. Owners
shall cooperate with the Finance Department in its annual audit efforts.
5. Colorado Common Interest Ownershiu Act CC( IOA). As soon as construction of the Project
allows, Owners will likely need to submit the Project to a plan for condominiumization created
pursuant to Colorado Common Interest Ownership Act (CCIOA) in order to facilitate the
conveyance of fractional shares and an ownership interest in the employee housing units to the
APCHA. The City agrees to process for approval and for recordation a condominium map
prepared in accordance with the Code and CCIOA. As the Owners have provided employee
housing pursuant to the Code, the Project is exempt from paying the Affordable Housing
Impact fee.
6. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully
executed, this Agreement and the Final Plat shall be recorded in the office of the Pitkin County
Clerk and Recorder. Failure on the part of the Owners to record the plat within one - hundred
eighty (180) days following approval by City Council shall render the plat invalid and
reconsideration and approval of the plat by the Planning and Zoning Commission and City
Council will be required before its acceptance and recording, unless an extension or waiver is
granted by for a showing of good cause. The one - hundred eighty (180) day recordation
requirement contained herein shall not apply to the recording of condominium maps, or
declarations or any other documents required to be recorded to accomplish a
condominiumization in the City of Aspen.
7. Financial Security for Public Improvements in the R.O.W. In order to secure the
performance of the construction and installation of improvements in the public R.O.W.
including landscaping, the Owner shall provide a letter of credit, cash or other guarantees in
a form satisfactory to the City Attorney prior to the issuance of any building permits for the
project. The amount of the required financial security shall be 125% of the estimated cost
of the improvements in the R.O.W. The guarantee documents shall give the City the
unconditional right, upon clear and unequivocal default b3- the Owners in its obligations to
complete the public improvements, to withdraw funds against such security sufficient to
complete and pay for installation for such public improvements, or to withdraw funds
against such security sufficient to complete and pay for installation for such public
improvements. If the improvements have not been completed to the satisfaction of the City
within one year, the City may require the Owner to adjust the amount of the financial
security for inflation.
As portions of the civil site improvements in the R.O.W. are completed, the City shall inspect
them, and upon approval and acceptance, shall authorize the release of the agreed estimated
costs for that portion of the improvements, except that ten percent of the estimated costs of
the improvements shall be withheld for the benefit of the City until (i) all of the
improvements have been inspected and accepted by the City, (ii) a two -year maintenance
IIIIIIIIIIIIIIIIIIIIKIIII COUNTY IIIIIIIINIIIIIIIIIIIII 6/go 8/2W`10:iaa
50.00 0 0.00
bond has been provided by the Contractor, and (iii) as- builts provided (if required).
As portions of the landscaping improvements in the R.O.W. are completed, the City shall
inspect them, and upon approval and acceptance, shall authorize the release of the agreed
estimated costs for that portion of the improvements, except for thirty -five percent (35 %) of
the estimated costs of the improvements. Of this thirty-five percent, ten percent (10 %) shall
be released by the City after (i) all of the landscaping improvements have been inspected
and accepted by the City, and (ii) as- builts provided (if required). The remaining twenty -
five percent (25 %) of the financial security shall be retained by the City until the
landscaping improvements have been maintained in a satisfactory condition for two (2)
years.
In the event that any existing municipal improvements are damaged during Project construction,
on the request of the City Engineer, a bond or other suitable security for the repair of the
improvements shall be provided by the Owner to the City.
8. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set
forth below or to any other address which the parties may substitute in writing.
To the Owners: MSE Aspen Holdings, Inc.
c/o Michael S. Egan, President
110 SE 6th Street, 29th Floor
Fort Lauderdale, FL 33301
With Copy To: Herbert S. Klein, Esq.
201 N. Mill Street, Suite 203
Aspen, CO 81611
To City of Aspen: City Manger
130 South Galena Street
Aspen, CO 81611
With Copy To: City Attorney
130 South Galena Street
Aspen, CO 81611
9. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the
land on which the Project is located and shall be binding on and inure to the benefit of the
Owners' and the City's successors, personal representatives and assigns.
10. Amendment. The Agreement may be altered or amended only by written instrument executed
by the parties.
I It
rI • I IIIIII VIII IIIIII IIII IIIIIII IIII IIIIII III FIIIII III III ' 8//20044 0S
Page: 8f 10113A
SILVIR DRVIS PITKrN COLWY CO R 58.00 D 0.00
1 1. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall
not affect the remaining provisions hereof.
ATTEST:
APPROVED AS TO FORM:
ohn orcester, City Attorney
OWNERS:
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
THE CITY OF
L/ /\ Sao
Helen Klanderud, Mayor
MSE ASPEN HOLDINGS, INC.
By:
#1cel. Eg *ruAt
corporation
The foregoing instrument was acknowledged before me this2-t-Oday of
200 + , by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk.
Witness my hand and official seal.
My commission expires:
STATE OF FLORIDA )
)ss.
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this 7 day of 44.v
200tf, by Michael S. Egan, as President ofMSE Aspen Holdings, Inc.
Witness my hand and official seal. dL
MY commission expires:Ady, +f,aDob
MARYBETH HONE
Notary Puallc - Stele or FlMda Notky Publ'
My CW nbWm BPU AM 4, 2008
9OPUMMig ear�D Bear Agreement
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D. Transitional Yards. Where two (2) lots which share a common side lot line are in different
zone districts, the lot in the more intensive zone district shall observe the required yard setback dis-
tance as established for the less intensive use zone district.
E. Non - Aligned Lots. For any lot in the R -6 zone district in excess of nine thousand (9,000)
square feet which is not aligned along the traditional Aspen Townsite lot lines, the building inspec-
tor shall measure the side yards from the two (2) shortest sides of the lot which are opposite from
each other and the front and rear yards from the two (2) longest sides of the lot which are opposite
from each other.
26.575.045 Junk Yard and Service Yards.
Junk yards (see definition, Section 25.104.100) shall be screened from the view of other lots, struc-
tures, uses and rights -of -way. Service yards (See definition, Section 26.104.100) shall be fenced so
as not to be visible from the street, and such fences shall be a minimum six (6) feet high from
grade. All fences shall be of sound construction and shall have not more than ten (10) percent open
area.
26.575.050 Fences.f
Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet
above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter
26.410). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought
iron or masonry. On comer lots, no fence, retaining wall, or similar object shall be erected or main-
tained which obstructs the traffic vision, nor on comer lots shall any fence, retaining wall, or simi-
lar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured
from street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing pro-
posed construction, material, location and height shall be presented to the building inspector before
a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that
it will not obstruct vehicular visibility at intersections. (Ord. No. 55 -2000, § 16)
26.575.060 Utility/Trash/Recycle Service Areas.
A. General. The following provisions shall apply to all utility /trash service areas:
1. If the property adjoins an alleyway, the utility /trash/recycle service area shall be along
and accessed from the alleyway. Unless entirely located on an alleyway, all utility /trash
service areas shall be fenced so as not to be visible from the street, and such fences shall
be six (6) feet high from grade. All fences shall be of sound construction and shall be no
less than 90% opaque.
City of Aspen Land Use Code. June, 2005
Part 500, Page 71
rloft�
2. Whenever this Title shall require that an utility /trash/recycle service area be provided
abutting an alley, buildings may extend to the rear property line if otherwise allowed by
this title provided that an open area is provided which shall be accessible to the alley,
and which meets the dimensional requirements of this section.
3. A minimum of twenty (20) linear feet of the utility /trash service area shall be reserved
for box storage, utility transformers or equipment, building access, and trash and recy-
cling facilities. For properties with 30 feet, or less, of alley frontage, this requirement
shall be fifteen (15) linear feet. For properties with no alley access, no requirement
shall apply. The required area shall have a minimum vertical clearance of 10 feet and a
minimum depth of 10 feet at ground level. The required area shall not be used for re-
quired parking or as vehicular access to a parking area.
4. The Planning and Zoning Commission may reduce the required dimensions of this area
by special review (see Chapter 26.430) and in accordance with the standards set forth
below at Section 26.575.060(B).
(Ord. No. 5 -2005, §3)
26.575.070 Use square footage limitations. h, lit 5 6 wn.+i
Within the Commercial Core (CC), Commercial (C -1), and Service/Commercial/Industrial (S /C/1)
zone districts, all permitted and conditional commercial businesses shall be restricted to the follow-
ing maximum net leasable commercial and office space:
A. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000)
square feet in net leasable commercial and office space: Antique shop; art supply; bakery; book-
store; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift
shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery
store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; deco-
rator shop; seamstress; laundromat; tailor, shoe repair shop; radio and TV broadcasting stations;
rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service
shops; automobile washing facility; pharmacies; art studio; and catering service.
B. 6,000 square feet. The following and similar uses shall be limited to six thousand (6,000)
square feet in net leasable commercial and office space: Drugstore (including pharmacy); equip-
ment rental, storage and repair; shop craft industry; fabrication and repair and building materials;
sporting goods store; variety shop; professional offices; and major appliance stores.
C. 9,000 square feet. The following and similar uses shall be limited to nine thousand (9,000)
square feet in net leasable commercial and office space: Service station and restaurant.
D. 11,000 square feet. The following and similar uses shall be limited to twelve thousand
(12,000) square feet in net leasable commercial and office space: Vehicle sales; builder supply
yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; print-
City of Aspen Land Use Code. June, 2005
Part 500, Page 72
L�
�.
Sections:
12.08.010
12.08.020
12.08.030
dumpster enclosures
12.08.040
12.08.050
12.08.060
12.08.070
12.08.080
12.08.090
12.08.100
Chapter 12.08
.,
WILDLIFE PROTECTION
Definitions.
Wildlife resistant refuse containers or enclosures required.
Maintenance and operating of wildlife resistant refuse containers and
Residential refuse disposal.
Special event refuse disposal.
Feeding of wildlife.
Construction site refuse disposal.
Interference with Enforcement Officer.
Enforcement.
Penalty assessment.
12.08.010 Definitions.
The definitions and terms used in this chapter are defined as follows:
(1) Wildlife means any non - domestic mammal indigenous to the Roaring Fork Valley
including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat,
mountain lion, porcupine and fox.
(2) WildlifeProof refuse container means a fully enclosed metal container with a metal
lid. The lid must have a latching mechanism, which prevents access to the contents by wildlife.
Wildlife proof refuse containers must be approved by a City of Aspen Designated official.
(3) Wildlife resistant dumpster enclosure means an enclosed structure consisting of four
(4) sides and a secure door or cover, which shall have a latching device of sufficient design and
strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose
the trash receptacle(s), shall not be attached to an historic structure, shall not be located in a public A
right -of -way; and shall be located adjacent to the alley where an alley borders the property. 'DO , wick
Wildlife resistant dumpster enclosures located in the Commercial Core (CC) and the Commercidl "
(C -1) zoning districts are required to comply with Sections 26.710.140(D)(6) and
26.710.150(D)(6), as applicable. An enclosure of less than one hundred twenty (120) square feet
shall not require a building permit or Community Development review; however, plans for the P
dumpster are required to be reviewed and approved by a City Community Safety Officer
Environmental Ranger prior to the commencement of construction. An enclosure of one hundred
twenty (120) square feet or larger requires a building permit.
(4) Special event means an outdoor gathering such as a concert, conference or festival.
(5) Enforcement officer means any Aspen Police Officer, Community Safety Officer,
Environmental Ranger or City of Aspen designated official.
(6) Refuse container means any trash can, dumpster, or similar device used for the
collection and storage of solid waste. (Ord. No. 13 -1999, § 1 (part): Ord. No. 30 -1999, § 1; Ord No.
27 -2005 §1)
12.08.020 Wildlife resistant refuse containers or enclosures required.
4
If the owner or occupant of premises in the city permits ashes, trash, or garbage to
accumulate in violation of any provision of this chapter, the environmental health department or
fire marshal may cause it to be removed and disposed of. In such case, the cost of the removal and
disposal shall be charged against the premises and the owner or occupant in addition to any regular
charge for such. Such cost may be collected by the city in any action at law, referred for collection
by the city attorney, or assessed against the property. If the owners of the premises fail to pay such
assessment, it shall be certified by the director of finance to the county treasurer to be placed on the
tax list for the current year and collected in the same manner as other taxes, together with a penalty
added to defray administrative costs. The cost for removal and disposal may also be added to the
monthly water service fee payable by the owner or occupant of the premises pursuant to Title 25 of
the Municipal Code of the City of Aspen. If said cost is added to the monthly water service fee and
remains unpaid, water service to the premises shall be disconnected pursuant to the provisions of
Title 25. All the laws of the state for the assessment and collection of general taxes including the
laws for the sale of property for taxes and the redemption thereof shall apply to and have full effect
for the collection of all such assessments. (Ord. No. 7 -1988, § 1: Code 1971, § 10 -12)
12.04.120 Violations deemed unlawful.
Violation of any provision of this chapter by any person, firm or corporation, whether as
owner or occupant, shall be unlawful and subject to the penalty provisions in section 1.04.080 of
this Code. (Ord. No. 7 -1988, § 1: Code 1971, § 10 -13)
12.04.130 Exemptions from requirements of this chapter.
The city council hereby authorizes the city manager to permit exceptions from the
requirements of this chapter on application when its requirements will impose practical difficulties
or unnecessary hardship. (Ord. No. 7 -1988, § 1: Code 1971, § 10 -14)
A. Any refuse container, regardless of size, that receives refuse which is edible by
bears or other wildlife shall be either (1) an approved wildlife resistant refuse container or (2) a
refuse container which is stored within a building, house, garage or approved wildlife resistant
dumpster enclosure.
B. The minimum standards required for wildlife proofing garbage are set forth in and
are incorporated herein by reference in the City of Aspen's "Wildlife Protection Ordinance
Guidelines," which shall be prepared and amended from time to time by the City's Environmental
Ranger or other designated agent. The "Guidelines" shall be available for review and purchase at
the City's Environmental Health Department.
C. Any trash hauler who provides a refuse container to a city customer shall only
provide wildlife resistant refuse containers, wildlife resistant dumpsters, or wildlife resistant poly -
carts, which meet the Wildlife Protection Ordinance Guidelines. (Ord. No. 2 -2001, § 1)
Editor's note -- Ord. No. 2 -2001, § 1, repealed former § 12.08.020, pertaining to wildlife
resistant refuse containers and enclosures and enacted a new § 12.08.020 as herein set out. Former
§ 12.08.020 was derived from Ord. No. 13 -1999, § 1.
12.08.030 Maintenance and operation of wildlife proof refuse containers and dumpster
enclosures.
A. Wildlife resistant refuse containers and dumpster enclosures must be kept closed and
secure when refuse is not being deposited.
B. If a container or enclosure is damaged, allowing access by wildlife, repairs must be
made within 72 hours after written notification by a City of Aspen designated official. (Ord. No.
13 -1999, § I (part); Ord. No. 27 -2005 §1)
C. Providers are required to display their business name on all receptacles they provide
within the city of Aspen.
12.08.040 Residential refuse disposal.
A. All residential containers that receive refuse edible by wildlife must be secured
inside the home or garage. Residents unable to keep their refuse container inside the home or
garage shall store their refuse in a wildlife resistant refuse container or enclosure approved by a
City Community Safety Officer or Environmental Ranger.
B. Residents with curbside pickup shall place their refuse containers at the curb, alley,
or public right -of -way only on the morning of pickup. After pickup the containers must be re-
secured inside the home, garage or wildlife resistant enclosure by 6:00 p.m. (Ord. No. 13 -1999, § 1
(part))
12.08.050 Special event refuse disposal.
Outdoor special event sites shall be kept free from the accumulation of refuse edible by
wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be
deposited in wildlife resistant containers or enclosures or be removed to an appropriate disposal
site. (Ord. No. 13 -1999, § 1 (part))
12.08.060 Feeding of wildlife.
A. No person shall knowingly leave or store any refuse, food product, pet food, grain or
salt in a manner which would constitute a lure attraction or enticement of wildlife.
B. Bird feeders are allowed. However, between the dates of April 15th and November
15th, all feeders must be suspended on a cable or other device so that they are inaccessible to bears
and the area below the feeders must be kept free from the accumulation of seed debris. (Ord. No.
13 -1999, § 1 (part))
12.08.070 Construction site refuse disposal.
All construction sites must have a designated container that receives refuse edible by
wildlife. This container shall be either a wildlife resistant refuse container, or a container that is
emptied at the end of each workday and then securely stored inside a trailer or building. (Ord. No.
13 -1999, § 1 (part))
12.08.080 Interference with Enforcement Officer.
No person shall interfere with, molest, hinder or impede the Enforcement Officers in the
discharge of their duties as herein prescribed or violate any of the provisions of this chapter. (Ord.
No. 13 -1999, § 1 (part))
12.08.090 Enforcement.
A. Enforcement Officers may issue a warning notice or summons and complaint to any
person in violation of this chapter.
B. An Enforcement Officer shall have the right to inspect property concerning any
wildlife concern or potential wildlife attractant. (Ord. No. 13 -1999, § I (part))
12.08.100 Penalty assessment.
Violation of any provision of this chapter by any person, firm or corporation shall be
unlawful and subject to the penalty provisions in section 1.04.080 of this Code. Either the owner or
occupant or both may be held responsible for a violation of any provision of this chapter. (Ord. No.
2 -2001, § 1)
Editor's note -- Ord. No. 2 -2001, § 1, repealed former § 12.08.100, pertaining to penalty
assessment and enacted a new § 12.08.100 as herein set out. Former § 12.08.100 was derived from
Ord. No. 13 -1999, § 1.
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:
)1 The proposed amendment does not change the use or character of the development.
ZA The proposed amendment does not increase by greater than three (3) percent the
overall coverage of structures on the land.
Jbi The proposed amendment does not substantially increases trip generation rates of
the proposed development, or the demand for public facilities.
-W The proposed amendment does not decrease the approved open space by greater than
three (3) percent.
0 The proposed amendment does not reduce the off street parking and loading space by
greater than one (1) percent.
a 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.
10 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.
ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Name:
Location: 411 South Monarch St., Lots P, Q, R and S, Block 77, City $ Townsite
(Indicate street address, lot & block number, legal description where a ro riate)
Parcel ID # I REOUIREDI 7 ? z i t1 > I q
REPRESENTATIVE:
Name: Eben P. Clark Klein Cote FT Fdwardc, rtr
Address: 20k %,, tutu ST . S,,t�?,))� �SReN
Phone #: ei =F-., i2S -8+�'D
Name:
Bear Residences
Address: 411 South Monarch
Phone #:
TYPE OF APPLTCATTON: (nlea.ce rhank all that annk, \•
❑
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 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condommiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑X
Other:
❑
Lot Line Adjustment
❑
Text/Map Amendment Insubstantial
PUD Amendment
EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc.)
Dancing Bear Lodge - under construction Pursuant to Final
recor ed June 6, 2004 in Plat Book 69, Page 80, Reception No. 498443 and
Flc�CL)rcted at Mc. No.
PROPOSAL: (description of proposed buildings uses modifications etc.)
Add overhead door to trash enclosure to prevent bear and other wild i+fa fTom
entering trash and recycling area. This modification will not change the aesthetics
Have you attached the following? FEES DUE: $ 705
❑ 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
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.
e
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0
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Dancing Bear Land, LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
stantial Amendment to Approved Development Order
THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent 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 Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 705 which is for.1 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing 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
Dancing Bear Land,LLC
lSL-
�3�nP•L LLC
By: By
Chris Bendon
Community Development Director Date: %21l 28 1 2 °Q—A-
Bill To Mailing Address and Telephone Number:
?. -. Box SA
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: December 29, 2007
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0079.2007.ASLU. The planner assigned to this case is
Jason Lasser.
❑ Your Land Use Application is incomplete:
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 you application:
1.
2.
3.
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.
Your Land Use Application is complete:
f there are not missing items listed above,
to begin the land use review process.
then your application has been deemed complete
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429 -2759 if you have any
questions.
Thank, nnYAAOU,,,
vVVV�
ifer Phel , eputy Director
City of Aspen, ommunity Development Department
C:\Documents and Settings \jennifep\Desktop \organized \G Drive \Templates \Completeness Letter Land Use.doc
APPLICANT:
NOMI
Location:
ATTACHMENT 2 —LAND USE APPLICATION
411 South Monarch St., Lots P, Q, Rand S, Block 77 City $ Townsitel
(Indicate street address, lot & block number, leeal description where annronriate)
REPRESENTATIVE:
Name: Eben P. Clark L Klein Cote & Fcjwnrdc frC
Address: ZD► �lll 5\ .1 '5, {_ '2 07S 45te, r/
Phone #:
PROJECT:
Name: Dancing Bear Residences . Aspen
Address: 411 South Monarch Street Aspen, CO 81611
Phone #:
TYPE OF APPLICATION: (please check all 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 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑X
Other:
❑
Lot Line Adjustment
❑
Text/Ma Amendment Insubstantial
PUD Amendment
EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc.)
Dancing Bear Lodge - under construction pursuant to Fin
recoriled June 6, 2004 in Plat Book 69, Page 80, Reception No. 498443 and
recorded at ec. No.
PROPOSAL: (description of proposed buildings uses modifications etc.)
Add overhead door to trash enclosure to prevent bear and other wild Irfa from
entering trash and recyclang area. This modification will not change the aesthetics
nr size
Have you attached the following? FEES DUE: $ 705
❑ 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
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.
N
tJ
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Dancing Bear Land, LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an a plication for
rtial Amendment to Approve Development Order
THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent 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 Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 705 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 the 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
Dancing Bear Land,LLC
Co..
^�,, VP' �NG.,LE k O�LI4TJVS
By: By:'
Chris Bendon
Community Development Director Date:
Bill To Mailing Address and Telephone Number:
f:o. G'3 SrAt
�Spru , Co 16 rbrZ.
q'+o.92S loVr V
C
ATTACHMENT 2 —LAND USE APPLICATION
APPLICANT:
0
Name:
Location: 411 South Monarch St., Lots P, Q, Rand S, Bloch 77, City & Townsite
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REOUIRED) % _1 3 -4- 1 R? 1 �1 nn Z
REPRESENTATIVE:
Name: Eben P. Clark I Klein. Cote F Fdwnrdc, rIr
Address: '�o� 0. MAA ski Sut, 061 1
Phone #:
PROJECT:
Name: Dancing Bear Residences . Aspen
Address: 411 South Monarch Street Aspen CO 81611
Phone #:
TYPE OF APPLICATION: (please check all 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 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
X❑
Other:
❑
Lot Line Adustment
❑
Text/Map Amendment Insubstantial
PUD Amendment
EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc.)
Dancing Bear Lodge - under construction Pursuant to Final
recor ed June 6, 2004 in Plat Book 69, Page 80, Reception No. 498443 and
e a ec. o.
PROPOSAL: (description of proposed buildings uses modifications etc.)
Add overhead door to trash enclosure to prevent bear and other wild life frnm
entering trash and recycling area. This modification will not change the aesthetics
nz size of the PEejeet.
Have you attached the following? FEES DuE: $ 705
❑ Pre - Application Conference Summary
FM
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards t>ECElVED
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all wri
text (Microsoft Word Format) must be submitted as part of the application.
CITY OF ASPEN
COMMUNITY DEVELOPMENT
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Dancing Bear Land, LLC
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
itial Amendment to Approve Development Order
THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent 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 Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 705 which is for --i hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing 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
Dancing Bear Land,LLC
Oq c ^P.,wL
By: By:
Chris Bendon
Community Development Director Date: 2-9 ) 2ou
Bill To Mailing Address and Telephone Number:
'Po. GO, Sq N
Asp�,-� , Co $Itai2—
°')-o, 9'2-S. Leaf V