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HomeMy WebLinkAboutLand Use Case.555 E Durant Ave.0008.2007.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0008.2007.ASLU 1 OF 2 FILES PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 2737 182 49051 555 E. DURANT JASONLASSER CONCEPT/FINAL PUD GLEN HORN 7/12/07 CLOSED BY Angela Scorey on 04/30/2009 Fde ,dd 3ecord IJavigate Form Repores Frgmak Tab Help Jump 1 ;, ".~__ °o Idmn; Cuclom Fre~ds 'Fee; Ad orvs 'Parcels Routing 5l aius Fee $oi tm~y RautinyH iloW AUachmc*tts o __......_ ..____.._..._ __. .._.. .... ..... dFe~md Type asla Aspen Land Us 2004 Peimtk S709°~200?ASLL' 0 Addle ,555 EDURA6IT AVE A.pUSutle o ____...._ _ _.._____" ds CU F >?.511 -.8`s °~ Gy ASPE!J __. ~` '' PnimN h'forrostiw O ; z '~ Lorrdm La+Name Phone ;. ..__.__.._.._......... the prejaIX name RDUVnq QueuE las~U~6 Rp{~!~ed 0cJ`J$l2U0? S'!atvs pendipg AF~oscvcd U,cued Final __ i Clod ~Rtnrrn9 Uays: w 0 EkPires !Gi128f200ft . 555 E DURr+NT !ASPEN CO 81 ^oit ':555 E DURANT ............. :ASPEN CO 81511 Friel Name ldatier Peind ._~ Fmiect DescipAion iCDIJCEPTUAL PUU, FIIJRL PUD SuGrnilted jGLEN HDRM 925.5581 _._.. Dwnar Last Name jN6kTd GF NELL _w "{yi Rrt Mama Pf~one v-~____~_...__._ .'~ Uwrrei is A.ppliranl? "Rpplv:an' ...... .. LastName jIJORTN OF NELL ~~~~- _i Firsl Name PY Ore iu'#27472 _.... nsu~oldlbl Record. 1 oi'. 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 asite-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 afrer 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. AfterExpiration 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. Party Owner's Name, Mailinff Address and teleahone number: North of Nell Condominium Association, 555 E Durant Avenue, Aspen, CO represented by Glenn Horn, Davis Horn, [nc. 215 South Monarch Street, Suite 104, Aspen CO 81611 -(970)925-6587 Leval Description and Street Address of Subject Proaerty: Lots A, B, C, D, E, F, G, H, and I, Block 97, City of Aspen Townsite, Pitkin County, Colorado, North of Nell Planned Unit Development (PUD), commonly known as 555 East Durant Ave, City and Townsite of Aspen, Pitkin County, Colorado Written Description of the Site Specific Plan and/or Attachment Describine Plan: An Insubstantial Amendment the North of Nell Planned Unit Development (PUD), commonly known as 555 East Durant Ave, to allow for minor insignificant variations in floor area calculations between the land use application and building permit submittal. Land Use Annroval Received and Dates: Administrative approval granted June 4, 2008. Effective Date of Development Order: June 15, 2008. (Same as date of publication of notice of approval.) Exuiration Date of Development Order: June 16, 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.) Issued this 4th day of June 2008, by the City of Aspen Community Development Director. Jennifer Phelan Deputy Planning City of Aspen Pte. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~S5 ~ - ~ U Q~t ~-~J ~ , Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, ~`ti.~L, (fit ~CO ~~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. The foregoing "Affidavit of Notice" was acknowledged before me this 11 day of SuNE , 200, by ~c~S ~'t... A Sc o Q-~~ _ WITNESS MY HAND AND OFFICIAL SEAL My commission exp~i/r~es~: ~ U~~C' ~ ~aD~ y l - ~ ~ll,lxi'_ ,l~ hC ~ Notary Public ATTACHMENTS: LAURA COPY OF THE PUBLICATION ~. MEYER 15, ,,. Cnmmissior FKn+res OBIS012010 qty oS AsP.~the PSVe^Tlme=..- __~ 2W8 116954601 .-~. NOTICE OF DECISION TO: Glenn Horn FROM: Chris Bendon, City of Aspen Community Development Director THROUGH: Jason Lasser, Special Projects Planner RE: Extension for Recordation Deadline PUD Documents Request- North of Nell PUD DATE: August 22, 2008 SUMMARY Glenn Horn, of Davis Horn Incorporated, requests a three month deadline extension to record the necessary PUD Plats and PUD Agreements with the Pitkin County Clerk and Recorder's office for the North of Nell PUD project. BACKGROUND The project received final subdivision and PUD amendment approval from the Aspen City Council on October 22, 2007, which is memorialized in Ordinance No. 36, Series of 2007 (attached as Exhibit "A"). The deadline to record an Administrative PUD Amendment (to allow for minor floor area variations) was initially set to expire on April 22, 2008, was extended until June 22"d, and again until August 22"d. The Applicant has yet to record their PUD agreement or plat, and the Applicant has requested an extension of three months from the date of which the recordation period would expire without an extension. According to Section 26.445.070(A) of the Land Use Code, the Community Development Director has the authority to extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing for such an extension. STAFF FINDINGS Staff believes that the request to extend the recordation deadline is within the vesting period, which ends on November 22, 2010 (three (3) years after final approval). The Applicant submitted the Mylar plats, and PUD Agreement on August 21s`, by allowing for the requested extension, Staff will have adequate time to review the application. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the North of Nell PUD project for three months to expire on November 22, 2008 finding that the request has been made within the vesting timeline a ere is community interest for providing such an extension. 0 is Bendon, Community Development Director Dat ATTACHMENTS: Exhibit A -Ordinance No. 36, Series of 2007 Exhibit B -Letter of Request ~x ~11g IT ORDINANCE N0.36, (SERIES OF 2007) A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-CONFORMING DIMENSIONAL STANDARDS WITH CONDITIONS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKUV COUNTY, COLORADO. Parce! ID: 2 73 7-1 82-49 051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the lowering of Dean Street; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, Parking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums with conditions; and, WHEREAS, the Planning and Zoning Commission reviewed the application at a public hearing on May 15th, 2007, and upon recommendation of the Community Development Department, continued the public hearing to June 5th, 2007; and, WHEREAS, the Planning and Zoning Commission did not meet due to lack of quorum on June 5, 2007, and upon recommendation of the Community Development Department, continued the public hearing to July 17, 2007; and, WHEREAS, upon further review of the application at the July 17th continuance, the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and, WHEREAS, on July 17th, 2007, via Resolution No. 19 (Series of 2007), the City of Aspen Planning and Zoning Commission considered and discussed the application and Page 1 of 5 found that the development proposal meets all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the Resolution (No. 19, Series of 2007) furthers and is necessary for the promotion of public health, safety, and welfaze; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal aze consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3-2); and, WHEREAS, during a duly noticed public hearing on October 22, 2007, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 36, Series of 2007, approving with conditions, a planned unit development to legalize the existing non-conforming dimensional requirements and an amendment to the official zone district map; and, WHEREAS, the City Council finds that the development proposal meets many of the applicable development standards and where the standards aze varied, 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 welfaze. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AS FOLLOWS: Section 1: Plat and Agreement The Applicant shall record a PUD agreement that meets the requirements of band Use Code Chapter 26.445.070 (C) PUD Agreement, within 180 days of approval if City Council provides final approval of the PUD request. Section 2: Zoning Maa Page 2 of 5 The Community Development Director shall cause an amendment to the City of Aspen Official Zone District Map to reflect a Planned Unit Development (PUD) overlay on the property described as 555 east Durant Street, Lou A,B,C,D,E,F,G,H, and I, Block 97, City and Townsite of Aspen, Pitltin County, Colorado Section 3: Dimensional Calculations Dimensional calculations of this PUD shall be as follows as presented by the applicant to the Planning and Zoning Commission for the July 17d' public hearing and City Council October 22"d public hearing: TOTAL FLOOR AREA EXISTING FLOOR AREA OVERALL FLOOR AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA 82,306 83,739 TOTAL F.A.R. 3:1 3.0029:1 TOTAL PERMITTED F.A.R. 3:0029:1 COMMERCIAL FLOOR EXISTING FLOOR AREA COMMERCIAL FLOOR AREA AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA 21,154 22,924 TOTAL F.A.R. ,76:1 .82:1 TOTAL PERMITTED F.A.R .82:1 RESIDENTIAL FLOOR EXISTING FLOOR AREA RESIDENTIAL FLOOR AREA AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA. 60,762 60,815 TOTAL F.A.R. 2.17:1 2.18:1 TOTAL PERMITTED F.A.R. 2,18;1 As approved by the City Council at the October 22nd meeting, an administrative PUD Amendment can be granted by the Community Development Department to accommodate a difference in the floor azea between the land use submission calculation and the building permit submission calculation as long as no changes to the building are proposed from the land use approval to the building permit application. Section 4:Conditions Pursuant to the procedwes and standards set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, parcel identification of 2737-182-49051, the Aspen Plarming Page 3 of 5 ~. and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: 1. Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. 2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 3. Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design as approved by the North of Nell Condominium Association. The design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. 4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 5. As conditioned by City Council at the October 22, 2007 public hearing, both saw tooth roofs (upper and lower) shall be maintained and no protrusions through the sawtooth roofs with the exception of chimneys and mechanical devices shall occur. Section 5• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• 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 conducted and concluded under such prior ordinances. Section 7• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27a' day of August, 2007. Page 4 of 5 Attest: thryn S. h, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 22"d day of October, 2007. Attest: / 70 Kathryn S, och, ity Clerk Michael C. Ire nd, Mayor Approved as to form: i orney Page 5 of 5 ~. ~X~li~~~- ~ Davis Horn~- PLANNING & REAL ESTATE CONSULTING August 13, 2008 Jason Lasser r Jennifer Phelan City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: North of Nell PUD Dear Jason & Jennifer: The North of Nell Condominium Association (applicant) is represented by Davis Horn Incorporated in this matter. This letter is to request another extension for recordation of the final North of Nell Final PUD Plan and PUD Agreement. A 60 day extension to the existing deadline, August 22, 2008, is being requested in order to give a new deadline of October 22, 2008. We believe the recordation will occur before then, but want to have the extra time, should it be required. As you know, the City Council approved Ordinance No. 36 Series of 2007 on October 22, 2007. Section 4.2. of the Ordinance and Section 26.445.070 of the Land Use Code call for the approval and recordation of the North of Nell Final PUD Plan and Agreement to be approved and recorded by Apri122, 2008. This date was extended until June 22, 2008 in order to process an Administrative PUD Amendment regarding floor area variations. In order to finalize this Amendment and reflect the changes in the final Plan and Agreement documents, we obtained approval fora 60 day extension to the current, existing deadline of August 22, 2008. It now apprears necessary to ask for another 60 day extension to ensure we don't risk loosing these approvals on August 22, 2208 which is only a week and 2 days away. The 20 page PUD Amendment and the new North of Nell PUD Plan and the final North of Nell PUD Agreement documents have received your approval. As these approvals took much longer than I think any of us anticipated, we need more time for the technical aspects of recordation. We have to obtain signatures from the owner's representative who is out of town, City of Aspen representatives and have the documents proceed through the recordation process. As this process can be lengthy, we did not want to risk missing the current August 22, 2008 deadline for recordation. The mylars have been made for the 20 page PUD Plan and they, along with the PUD Agreement have been sent to the representative of the North of Nell Condominium Association for a signature witnessed by a notary. We hope to have them bac ' 8~~ p=~ we have provided for the Owner's rep to return them by an overnight service. '~ 9 L.i ,``-~U~ ~ 3 2L'C'`~ ALICE DAVIS AICP S GLENN HORN AICP -`` '~ ASPEN 215 SOUTH MONARCH ST. • SURE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/92~-518~ odavis@roLnet ghorn@roF.net '-~01~4!~iINITY 'IEVELOPMEPJT ~-, ,. we do not feel we will need all this time, we also do not want to have to come back for another extension if at all possible. In summary, the applicant requests a 60 day extension until October 22, 2008 to complete the recordation of the North of Nell PUD Plan and Agreement as provided for in the Code. Please contact me if you have any questions and or comments. Thank you for considering this matter. Sincerely, DAMS HORN INCORPORATED ,~ GLE N HORN AICP cc: Joe Raczak North of Nell Manager ._.e. ~. am,, ...... ~.. m ~.. a ..... •~ ,~, +~l8 . a r c t r :, t y i t ,gt~ Y 9 ~ r! ~ 7a ~ P ` rp ass ~ ~ ~ IF . ~t i~jdir + ~~ d' i q~: ~J d~~,r ~ . ~~ ~~ J d iJilf f ail _<~' sJiJ~r~B~dfo~J~~ _~ ~~~ i it m i s r J t a e ~ i •~ 9 d fJs I J =2 Z t ~ 'J ° ~ r ss` { m it i__ m ~ m F? m = i ~ !t 9E a~ go 7~ O v T m ~j d e ; -- -~ ~g °~ T I Jae ~ Y ~ ° L 5 NO f11~ T e~i5w a~Cf6f i~Jc€q gy= JIB I_ ~J° ~ 3~~ ~ ~Jd g~yoy r'" a aJ d~ ~d £ a f•~.a i 4 ~~a m ~ o m~° nF e~~~~ ~~fa~~p ~i~~~~~ a~~J~a deJ~~ ! ~~pT~~y>~ Z~ I ~° a ~+ZZ Q~ y ~ ~pbymm O~ r// Z y a ~~ m~ ~ ~!; dJd dd 'Jd ~+ ~ J' f : ~ S ~ ~ Z ~B d.' ~~ Ji; i 6~ i` m~ pO C e; i ~ gg o ~ 9{~ '1 d ~ gi P IF0 ~! ~gP 2i m dpi ( ~ !S ~yF __. __ ~8+•-~'°~ {3~ ix~ ~~~~ !i d d' (~ C J;~ I P A ~ ~~ ; fd JJ !! i ~ ~I !~~ r s. l . ~~ ~~~ ;~ dJ d p= ~ sib 13F~ ~ - 8 J ~t c~' ! 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Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970)429-2707 www.PitkinClerk.org Pitkin County Transaction #: 12021 Receipt #: 200806116 Cashier Date: 10/8/2008 11:52:17 AM (JHAAS) IIIIII VIII VIII (IIII (IIII IIII IIII Print Date: 10/8/2008 11:52:21 AM Customer Information Transaction Information Payment Summary DateReceived: 10/08/2008 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Over the ATTN CITY CLERK Counter Total Fees $259.00 Return Code: Over the Total Payments $259.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments J • CHECK 2052 N ~-`/~~ r/'~ ~ ,.e ~/ ~~ ~ ~/ ~ )~, ~, t,~ 5 ' $ 59.00 4 Recorded Items BKPG: 88/69 Reception: 553446 Date:10/8/2008 R (PLAT) PLAT 11:52:12AM From: To: Plat Recording @ $10 per page $1 Surcharge 19 $191.00 BKPG: 0/0 Reception.•553447 Date:10/8/2008 R ~B AGREE) SUBD_I_VISION 11:52:13AM AGREEMENT From: To: Recording @ $6 for lpg and $5 for 2 or more pgs $1 Surchazge 5 $26.00 BKPG: 0/0 Reception: 553448 Date:10/8/2008 R (APPROVAL) APPROVAL ANY 11:52:14AM _T_YPE From: To: Recording @ $6 for lpg and $5 for 2 or more pgs $1 Surchazge 3 $16.00 BKPG: 0/0 Reception: 553449 Date:10/8/2008 B ~ ~RDINAN CE) ORDINANCE 11:52:ISAM From: To: Recording @ $6 for lpg and $5 for 2 or more pgs $1 Surcharge 5 $26.00 file://C:\Program Files\RecordingModule\default.htm 10/8/2008 .~~ ,-. NOTICE OF APPROVAL For An Insubstantial Amendment to the North of Nell Planned Unit Development (PUD), Lots A, B, C, D, E, F, G, H, and I, Block 97, City of Aspen Townsite, Pitkin County, Colorado, commonly known as 555 East Durant Avenue Ordinance No. 36, Series of 2007 Parcel ID No.2737-182-49051 APPLICANT: North of Nell Condominium Association REPRESENTATIVE: Glenn Horn, Davis Horn, Inc. SUBJECT OF AMENDMENT: North of Nell Planned Unit Development (PUD), Lots A, B, C, D, E, F, G, H, and I, Block 97, City of Aspen Townsite, Pitkin County, Colorado, commonly known as 555 East Durant Avenue, Ordinance No. 36, Series of 2007 SUMMARY: On behalf of the North of Nell Condominium Association, Glenn Horn of Davis Horn, Inc. has applied for an Insubstantial Amendment to the North of Nell Planned Unit Development, Ordinance No. 36, Series of 2007. The Applicant is requesting amending the PUD to allow for minor differences in floor azea calculations. The proposed amendment is requested to allow for differing calculations for building permit submittal from the approved PUD application. As stated in Section 3 of the Ordinance: "As approved by the City Council at the October 22nd meeting, an administrative PUD Amendment can be granted by the Community Development Department to accommodate a difference in the floor azea between the land use submission calculation and the building permit submission calculation as long as no changes to the building are proposed from the land use approval to the building permit application". This provision in Ordinance No 36, Series of 2007, was included due to discussions during the public heazing before City Council in which the applicant was concerned that the final building permit floor azea calculations for the project may vary slightly from the land use application. STAFF EVALUATION: 0 J U Q A o G w ~ o c ~ o N 0.~ U m =_ d °-~ ar va ~ u ~ o~ M ~ ~ A ~ o U OQ`fl'~ ry~Y W ii ~' u U ~ LL'c W~~ e0 a~~~ 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 azea due to the insignificant vaziations in the floor area calculations. 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 recommends approval of the minor variations in floor area calculations, as this was anticipated during the land use process. 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 North of Nell PUD, allows for the minor insignificant variations in floor area calculations between the land use application and building permit submission as indicated below. APPROVED FLOOR AREA CHANGES: Total Floor Area Ordinance No.36.2007 Approved this insub amend Total Floor Area 83,739 s . ft. 84,524 s . ft. Total F.A.R. 3.0029:1 3.03:1 Total Permitted F.A.R. N/A 3.03:1 Commercial Flnnr Area Ordinance Nn.36.2007 Annroved this insub amend Total Area 22,924 s . ft. 23,539 s . ft. Total F.A.R. .82:1 .83:1 Residential Floor Area Ordinance No.36.2007 Annroved this insub amend Total Floor Area 60,815 s . ft. 61,652 s . ft. Total F.A.R. 2.18:1 2.21:1 AP OVED BY: ti ~ ~~ ~ er Phel Date Deputy Pl g Director Attachments: Exhibit A -North of Nell PUD Administrative Amendment request from applicant Exhibit B -Review Criteria 2 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: 1171 The proposed amendment does not change the use or character of the development. ~ The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. ® The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. ® The proposed amendment does not decrease the approved open space by greater than three (3) percent. ~ The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. ® The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. SI The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. ~ The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. ~ The proposed amendment will not enact a change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project' s approved use or dimensional requirements. SUBDIVISION/PUD AGREEMENT FOR THE NORTH OF NELL CONDOMINIUMS 1'arccl No. 2737-182-49051 THIS AGREEMENT is made this ~ day of ('~C-'f" , 2008 between THE NORTH OF NELL CONDOMINIUM ASSOCIATION (hereinafter "Owner") and THE CITY OF ASPEN, a municipal corporation (hereinafter the "City"). WHEREAS, Owner owns or represents the owner of the property located at 555 East Durant Street which is legally described as Lots A,B,C,D,E,F,G,H, and I, Block 97, City of Townsite of Aspen, Pitkin County, Colorado, and which plat was recorded on fj 0 ~ , ~. i~~in Book ~ at Page ~ as Reception No. S s 3 uy/o-of the Pitkin County Clerk and Recorder (hereinafter "the Property"); and WHEREAS, the Community Development Department received an application from the Owner, represented by Davis Horn Incorporated, requesting approval for a Planned Unit Development to legalize the existing non-conforming dimensional standazds with conditions; WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development of the Planned Unit Development for the North of Nell Condominiums with conditions; and WHEREAS, the Planning and Zoning Commission did not meet due to lack of a quorum on June 5, 2007 and upon recommendation of the Community Development Department, continued the public hearing to July 17, 2007; and WHEREAS, upon further review of the application at the July 17, 2007 continuance the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered the public comment at a duly noticed public hearing; and WHEREAS, on July 17`h, 2007 via Resolution No. 19 (Series of 2007), the City of Aspen Planning Commission considered and discussed the application and found that the development proposal meets all applicable development standazds and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and WHEREAS, the City of Aspen Planning and Commission recommends city council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3-2); and WHEREAS, during a duly noticed public hearing on October 22, 2007, the City of Aspen City Council (hereinafter "the Council") opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, ancrj~~ the City of Aspen and adopted Ordinance No. 36, Series of 2007, approving 3 RECEPTION#: 553447, 1 010 812 0 0 8 at faU6 ~ 1 l~d~ 11:52:13 ANT, t OF S, R $26.00 Doc Code SUB AGREE CITY OF ASPEN .Janice K. Vos Caudill, Pitkin County, CO COMMUNITY DEVEIOPMENI' ... ,~, planned unit development to legalize the existing non-conforming dimensional requirements and an amendment to the official zone district map; and W1IERCAS, the Council finds that the development proposal meets many of the applicable development standards and where the standards arc varied, that the approval of the dcvclopmcnt proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, pursuant to the Council's Ordinance No. 36, Series of 2007 ("Ordinance 36"), the Council granted approval with conditions for a Planned Unit Development to legalize the existing non-conforming dimensional standards with conditions for the North of Nell Condominiums (the "Project") and WHEREAS, Owner has submitted to the City for review and approval a PUD plat for the project (hereinafter the "Plat") and the City will review the Plat with regard to compliance with matters described herein; and subject to the provisions of the Municipal Code of the City of Aspen (hereinafter the "Code"), and other applicable rules and regulations; and WHEREAS, the City and the Owner wish to enter into a PUD Agreement for the Project; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the review of the Plat by the City, and in accordance with Ordinance 36, Series of 2007, it is agreed as follows: 1. Description of Project. The North of Nell Condominium Association is remodeling the building facade and roof on all four sides. The remodel on the south side of the building will provide a new entry to the North of Nell by providing a pedestrian link between Dean Street and the North of Nell Condominiums. The City approved the redevelopment of Dean Street in conjunction with the Residences at Little Nell. The approvals of that adjacent project allowed the elevation of Dean Street to be lowered by approximately three feet. Consequently, the south wall of the North of Nell will be more exposed and therefore this action by the adjacent property s developer will increases the floor area at the North of Nell. The PUD Agreement establishes the dimensional requirements for the project as approved through the PUD review process. 2. Approved Development via PUD Plat and PUD Agreement. The approved remodel of the North of Nell Condominiums is represented in the North of Nell PUD plat and within this PUD A~~reement. The Owner shall record a final PUD Plat/Plan that meets the requirements of the Land Use Code and this Agreement within 180 days of approval. RECEDED a~~ ~ i euUM CITY OF ASPEN COMMUNITY DEVELOPMENT ,.. RESIDENTIAL FLOOR AREA 3. Dimensional Calculations. Dimensional calculations were approved through Ordinance 36 Series of 2007, but were then revised through an Insubstantial PUD Amendment approved by Jennilcr Phelan on June 5, 2008. The following reflects the final approved dimensional calculations for the North of Ncll Condominiums PUD. NORTH OF NELL PUD REV[SEll DIMENSIONAL CALCULTIONS OVERALL FLOOR AREA APPROVED THROUGH TOTAL FLOOR AREA ORDINANCE #36 Total Floor Area 84,739 sq.ft. Total F.A.R. 3.0029:1 Total Permitted F.A.R. NA COMMERCIAL FLOOR AREA Total Area Total F.A.R. 22,924 sq. ft. .82:1 REVISED FLOOR AREA APPROVED THROUGH INSUBSTANTIAL PUD AMENDMENT 6/05/08 84,524 sq. ft. 3.03:1 3.03:1 23,539 sq. ft. .83:1 Total Area Total F.A.R. 60,815 sq.ft. 2.18:1 61,652 sq. ft. 2.21:1 Source: Davis Horn Incorporated, Wedum and Associates & City of Aspen Community Development Department: June, 2008 4. Conditions. The North of Nell PUD approval is subject to the following conditions: a) Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. b) This PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). c) Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showi~il~~~ approved by the North of Nell Condominium Association. The des~g 1~~ d 3 ~~~ ~ 1 zoos CITY OF ASPEN COMMUNITY DEVELOPMENT .-, by the Community Devclopmunt Director. Building permit applications shall conform to the approved design. d) "I he Owner shall lile a Notice of PUD in the Clerk and Recorder's office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. c) As conditioned by City Council at the October 22,2007 public hearing, both saw tooth roots (upper and lower) shall be maintained and no protrusions through the sawtooth roofs with the exception of chimneys and mechanical devices shall occur. 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 Owner: North of Nell Condominium Association 555 Durant Avenue Aspen, CO. 81611 With Copies to: Glenn Horn Davis Horn Incorporated 215 South Monarch Street ,Suite 104 Aspen, Co. 81611 To City of Aspen: City Manager 130 South Galena Street Aspen, Co. 81611 With a Copy to: City Attorney 130 South Galena Street Aspen, Co. 81611 5. Binding Effect. The provision 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 benetit of the Owner's and the City's successors, personal representatives and assigns. 6. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. DECEIVED 7. Severability. If any of [he provisions of this Agreement are determined to be invalid. it shall not affect the remaining provisions hereof. ~~'u %:: 1 ZUUB CITY OF ASPEN COMMUNITY DEVELOPMENT r n"rTr_s~r: %~~~`a. j Kathryn S. Koch, rt~y Clerk~J C '~ "fI IG CITY OP ASPEN, a municipal corporation I Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, City Attorney OWNER: Nort f Nell ondom' ium sso Bv: ~ ~ STATE OF e~ )ss. COUNTY OF _7 x/ The foregoing Agreement was acknowledged before me this ~ day of 2008 by ~uciJ+in/ 'L7~ au~la2D ,President of the North of Nell Homeo Hers Association WITNESS my hand and official seal. My commission expires: Notary Public RECEIVED wuu ~ 1 TUU6 CHRIS ~bT~+~rAS N sEaL NOfeQMNNJIIGI:Y MENT SOUTH DAKOTA 9EAL + + t~.p~ace 8~z7~zc13 -~-, ~, `.,, i SUBDIVISION/PUD AGREEMENT FOR THE NORTH OF NELL CONDOMINIUMS Parcel No. 2737-182-49051 THIS AGREEMENT is made this ~ day of ~, 200~between THE NORTH OF NELL CONDOM1NiUM ASSOCIATION (hereinafter "Owner") and THE CITY OF ASPEN, a municipal corporation (hereinafter the "City"). WHEREAS, Owner owns or represents the owner of the property located at 555 East Durant Street which is legally described as Lots A,B,C,D,E,F,G,H, and [, Block 97, City of Townsite of Aspen, Pitkin County, Colorado, and which plat was recorded on 19 in Book _ at Page _ as Reception No. and Recorder (hereinafrer "the Property"); and of the Pitkin County Clerk WHEREAS, the Community Development Department received an application from the Owner, represented by Davis Horn.Incorporated, requesting approval for a Planned Unit Development to legalize the existi ~ ~.onforming dimensional standazds with conditions; WHEREAS, upon reviev `.rral comments, and the applicable Land Use Code standards, the Comm /, C :.:. _~artment recommends approval of the Planned Unit Development of U 7~ . opment for the North of Nell Condominiums with condition WHEREAS, the Plar : ~ , :.' nission did not meet due to lack of a quorum on June 5, 2007 and upon r~ ~ommunity Development Department, continued the public hearit ?" ~: a WHEREAS, upon further tom. - application at the July 17, 2007 continuance the Planning and Zoning Commission considers.. ne development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered the public comment at a duly noticed public hearing; and WHEREAS, on July 17th, 2007 via Resolution No. 19 (Series of 2007), the City of Aspen Planning Commission considered and discussed the application and found that the development proposal meets all applicable development standazds and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and WHEREAS, the City of Aspen Planning and Commission recommends city council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3-2); and WHEREAS, during a duly noticed public hearing on October 22, 2007, the City of Aspen City Council (hereinafter "the Council") opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and~~~ the City of Aspen and adopted Ordinance No. 36, Series of 2007, approving tons, a AUIi 21 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT .~. ~^. ~~ planned unit development to legalize the existing non-conforming dimensional requirements and an amendment to the official zone district map; and ~~ WHEREAS, the Council finds that the development proposal meets many of the applicable development standards and where the standards arc varied, that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, pursuant [o the Council's Ordinance No. 36, Series of 2007 ("Ordinance 36"), the Council granted approval with conditions for a Planned Unit Development to legalize the existing non-conforming dimensional standards with conditions for the North of Nell Condominiums (the "Project") and WHEREAS, Owner has submitted to the City for review and approval a PUD plat for the project (hereinafrer the "Plat") and the City will review the Plat with regard to compliance with matters described herein; and subject to the provisions of the Municipal Code of the City of Aspen (hereinafrer the "Code"), and other applicable rules and regulations; and WHEREAS, the City and the Owner wish to enter into a PUD Agreement for the Project; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the review of the Plat by the City, and in accordance with Ordinance 36, Series of 2007, it is agreed as follows: 1. Description of Project. The North ofNell Condominium Association is remodeling the building facade and roof on all four sides. The remodel on the south side of the building will provide a new entry to the North of Nell by providing a pedestrian link between Dean Street and the North of Nell Condominiums. The City approved the redevelopment of"Dean Street in conjunction with the Residences at Little Nell. The approvals of that adjacent project allowed the elevation of Dean Street to be lowered by approximately three feet. Consequently, the south wall of the North of Nell will be more exposed and therefore this action by the adjacent property's developer will increases the floor area at the North of Nell. The PUD Agreement establishes the dimensional requirements for the project as approved through the PUD review process. 2. Approved Development via PUD Plat and PUD Agreement. The approved remodel of the North of Nell Condominiums is represented in the North of Nell PUD plat and within this PUD Agreement. The Owner shall record a final PUD Plat/Plan that meets the requirements of the Land Use Code and this Agreement within 180 days of approval. RECEIVED AUG 21 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT ,~ ~~ 3. Dimensional Calculations. Dimensional calculations were approved through Ordinance 36 Series of 2007, but were then revised through an Insubstantial PUD Amendment approved by Jennifer Phelan on June 5, 2008. The following reflects the final approved dimensional calculations for the North of Nell Condominiums PUD. NORTH OF NELL PUD REVISEll DIMENSIONAL CALCULTIONS OVERALL FLOOR REVISED FLOOR AREA AREA APPROVED APPROVED THROUGH THROUGH INSUBSTANTIAL PUD TOTAL FLOOR AREA ORDINANCE #36 AMENDMENT 6/05/08 Total Floor Area 84,739 sq.ft. 84,524 sq. ft. Total F.A.R. 3.0029:1 3.03:1 Total Permitted F.A.R. NA 3.03:1 COMMERCIAL FLOOR AREA Total Area 22,924 sq. ft. 23,539 sq. ft. Total F.A.R. .82:1 .83:1 RESIDENTIAL FLOOR AREA Total Area 60,815 sq.ft. 61,652 sq. ft. Total F.A.R. 2.18:1 2.21:1 Source: Davis Horn Incorporated, Wedum and Associates & City of Aspen Community Development Department: June, 2008 4. Conditions. The North of Nell PUD approval is subject to the following conditions: a) Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. b) This PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). c) Prior to issuance of any building permit for any improvement to the b~IVED applicant shall submit building elevations and design details showing the~~e~,signlaps~pd a roved b the North of Nell Condominium Association. The desi n s ~~ai3 t0'8'e CITY OF ASPEN COMMUNITY DEVELOPMENT -~. ,.~ ~.. ../ by the Community Dcvclopment Director. Building permit applications shall conform to the approved design. d) The Owner shall lile a Notice of PUD in the Clerk and Recorder's office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. e) As conditioned by City Council at the October 22,2007 public hearing, both saw tooth roofs (upper and lower) shall be maintained and no protrusions through the saw[ooth roofs with the exception of chimneys and mechanical devices shall occur. 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 Owner: North of Nell Condominium Association 555 Durant Avenue Aspen, CO. 81611 With Copies to: Glenn Hom Davis Horn Incorporated 215 South Monarch Street ,Suite 104 Aspen, Co. 81611 To City of Aspen: City Manager 130 South Galena Street Aspen, Co. 81611 With a Copy to: City Attorney 130 South Galena Street Aspen, Co. 81611 5. Binding Effect. The provision 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 Owner's and the City's successors, personal representatives and assigns. 6. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 7. Severability. If any of the provisions of this Agreement are dete~I4+e.4Yt~kY E® invalid, it shall not affect the remaining provisions hereof. q~t; 2 1 2OO8 CITY OF ASPEN COMMUNITY DEVELOPMENT ,--~„ .... A'rresT: ~~~~~~ Kathryn S. Koch, City Cler ""`" APPROVED AS TO FORM: ~~ Q% _~/~/a.~ ~~ John Worcester, City Attorney OWNER: Nort f Nell ondom' ium sso B n STATE OF ~~ ~ )ss. COUNTY OF _~ ~ -~ .,.~ fl IE CITY OP ASPEN, a municipal corporation `~~ !~ Michael C. Ireland, Mayor The foregoing Agreement was acknowledged before me this ~ day of _ 2008 by ~ue~+in/ ~~ a~Ja2D .President of the North of Nell Homeo ners Association WITNESS my hand and official seal. My commission expires: rJ RECEIVED n Auu 21 20U~ Notary Public COMMUNITY DEVELOPMENT +5'M~,yyyyc~r~c~,~yyyµ~yc{~y CHRIS ROBESON f SEAL NOTARY PUBLIC r~ SOUTH DAKOTA SEAL + + L=~p~a~~ B~aY~ui3 -~. -~, ., ,~ NOTICE OF APPROVAL For An Insubstantial Amendment to the North of Nell Planned Unit Development (PUD), Lots A, B, C, D, E, F, G, H, and I, Block 97, City of Aspen Townsite, Pitkin County, Colorado, commonly known as 555 East Durant Avenue Ordinance No. 36, Series of 2007 Parcel ID No. 2737-182-49051 APPLICANT: North of Nell Condominium Association REPRESENTATIVE: Glenn Horn, Davis Horn, Inc. SUBJECT OF AMENDMENT: North of Nell Planned Unit Development (PUD), Lots A, B, C, D, E, F, G, H, and I, Block 97, City of Aspen Townsite, Pitkin County, Colorado, commonly known as 555 East Durant Avenue, Ordinance No. 36, Series of 2007 SUMMARY: On behalf of the North of Nell Condominium Association, Glenn Horn of Davis Horn, Inc. has applied for an Insubstantial Amendment to the North of Nell Planned Unit Development, Ordinance No. 36, Series of 2007. The Applicant is requesting amending the PUD to allow for minor differences in floor azea calculations. The proposed amendment is requested to allow for differing calculations for building permit submittal from the approved PUD application. As stated in Section 3 of the Ordinance: "As approved by the City Council at the October 22nd meeting, an administrative PUD Amendment can be granted by the Community Development Department to accommodate a difference in the floor area between the land use submission calculation and the building permit submission calculation as long as no changes to the building aze proposed from the land use approval to the building permit application". This provision in Ordinance No 36, Series of 2007, was included due to discussions during the public hearing before City Council in which the applicant was concerned that the final building permit floor area calculations for the project may vary slightly from the land use application. 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 azea due to the insignificant variations in ~. the floor azea calculations. 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 recommends approval of the minor variations in floor azea calculations, as this was anticipated during the land use process. 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 North of Nell PUD, allows for the minor insignificant variations in floor area calculations between the land use application and building permit submission as indicated below. APPROVED FLOOR AREA CHANGES: Total Flnnr Area ordinance Nn.36. 2007 Annrnved this insub amend Total Floor Area 83,739 s . ft. 84,524 s . ft. Total F.A.R. 3.0029:1 3.03:1 Total Permitted F.A.R. N/A 3.03:1 ('nmmerrial Flnnr Area ordinance Nn.36. 2007 Aonroved this insub amend Total Area 22,924 s . ft. 23,539 s . ft. Total F.A.R. .82:1 .83:1 Residential Flnnr Area Ordinance No.36.2007 Anoroved this insub amend Total Floor Area 60,815 s . ft. 61,652 s . ft. Total F.A.R. 2.18:1 2.21:1 AP OVED BY: i er Phelan Date Deputy Planrl~ g Director Attachments: Exhibit A -North of Nell PUD Administrative Amendment request from applicant Exhibit B -Review Criteria 2 ~A -~ ~~ 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: 81 The proposed amendment does not change the use or character of the development. ~ The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. ® The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. ® The proposed amendment does not decrease the approved open space by greater than three (3) percent. ~9 The proposed amendment does not reduce the off street parking and loading space by greater than one (1) percent. ® The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. 8! 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. 1~ 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. ~- ~ E+~~ielY A ~ Davis Horn~- PLANNING & REAL ESTATE CONSULTING RECEIVED April 18, 2008 APR 1 8 ~uun CITY OF ASPEN Jason Lasser COMMUNITY DEVELOPMENT~Q City of Aspen ~~''''.J/ Community Development Department 130 South Galena Street Aspen, Colorado 8161 I Re: North of Nell Planned Unit Development Administrative Amendment Reyuest Dear Jason: The North of Nell Condominium Association (applicant) is represented in this matter by Davis Horn Incorporated. As you know, the City Council approved Ordinance No. 36 Series of 2007 on October 22, 2007 (see Attachment 1). Section 3 of the Ordinance established the existing and proposed Dimensional Calculations for the North of Nell. You will recall that we anticipated that the existing and proposed Dimensional Calculations as determined by the Zoning Official at building permit review may differ somewhat from the Calculations submitted by the Architect during the land use review process. Section 3 of the Ordinance provided for this possibility by including a provision which stated: "As approved by the City Council at the October 22"d meeting, an administrative PUD Amendment can be granted by the Community Development Department to accommodate a difference in the floor area between land use submission calculation and the building permit submission calculation as long as no changes to the building are proposed from the laud use approval to the building permit application." There are, in fact, minor insignificant variations in floor area calculations between the land use application and building permit submission. These variations affect both the existing and proposed floor area of the North of Nell. Table 1 presents revised Dimensional Calculations for the North of Nell which should be replace the calculations in Ordinance No. 36 Series of 2007. The variations in floor area calculations have ALICE DAVIS AICP ; GLENN HORN AICP 21 5 SOUTH MONARCH 5T. ~ SUITE 104 ~ ASPEN, COLORADO 8161 1 ~ 970 925-6587 • FAX:970 925-51 80 adavisGcroEnet ghorntrrrof.net w ,.~ ,-"~ ~,,~ ~rnaLE 1 NORTH OF NELL PUU REVISCU DIMCNSIONAL CALCULTIONS OVERALL FLOOR AREA APPROVCll THROUGH THIS TOTAL FLOO12 AREA EXISTING FLOOR AREA ORDINANCE Total Floor Area 82,535 Total F.A.R. 2.96:1 Total Permitted E.A.R. NA 84,524 3.03:1 3.03:1 COMMERCIAL FLOOR AREA APPROVED Ct) IMEi2C[.AL FL0~1S2 THKOU(:H THI's AREA LXISTfNG bLOOR AREA ORDINANl:r`; Total Area 21,096 Total F.A.R. .76:1 Total Permitted F.A.R RESIDENTIAL FLOOR 23,539 .83:1 .83:1 RESIDENTIAL FLOOR AREA APPROVED THROUGH THIS AREA EXISTING FLOOR AREA ORDINANCE Total Area 61,440 61,652 Tota] F.A.R. 2.20:1 2.21:1 Total Permitted F.A.R. 2.21:1 Source: Davis Horn Incorporated, Wedum and Associates & City of Aspen Community Development Department, April 2008 2 -~.. ,-1 ~.,, resulted from minor technical variations between the toning Official's and Architect's measurement methodology. 'fhc proposed structure has not increased in size since the land use rcvicw however there has been a slight increase in overall floor area. For example, at the time of the land use rcvicw the Architect estimated that the existing floor area of the North of Ncll is 82,306 square feet. Since that time the Architect and Zoning Official have agreed that the actual existing floor area is 82,534 square feet. Table I reflects minor variations in measurement methodology such as this. Attachment I is a copy of data prepared by the Architect entitled "FAR- North of Ncll - 555 Durant St. - Aspcn, Co 8161 I." The data in Attachment I has been reviewed and approved by the City of Aspen Zoning Official as part of the North of Ncll Building Permit review. Please refer to Table 2 which compares and contrasts existing floor area calculations utilized during the land use review with final existing floor are calculations agreed upon by the Architect and City of Aspen Zoning Official. This data in this table is significant because it show that the estimate of total existing floor area utilized during the land use review is low by 620 square feet or approximately .076 percent of the total floor area. Correspondingly, the estimate of residential floor area was low by 678 square feet or approximately 1 I percent of residential floor ~retl TABLE 2 NORTH OF NELL EXISTING FLOOR AREA COMPARISON OF LAND USE REVIEW DATA AND BUILDING PERMIT DATA Floor Area Estimates Land Use Review Building Permit Review Category Square Feet Square Feet Commercial Area* 21,154 21,096 Residential Area 60,762 61,440 Total** 81,916 82,536 Removal of dirt on south side of building along Dean Street increases existing floor area by 2,441 sf without any increase in size of building. ** Section 3: Dimensional Requirements of Ordinance mistakenly indicates that total existing floor area is 82,306 square feet. The math is wrong in Ordinance. Source: City Council Ordinance No.36 Series of 2007, Davis Hom Inc., Wedum and Associates P.C. and City of Aspen Community Development Department; April 2008. ,~ ~ The next section of this letter demonstrates compliance with the standards in Section 26.445.10 of the Land Use Code, PUD Insubstantial Amendment. Standards appear in bold followed by the applicant's responses. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development There is no change in the use or character of the development resulting from the proposed PUD amendment. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. There is no increase in site coverage resulting from the proposed PUD amendment. 3, And amendment that s.~tbstan2ially incr~:ases trip gener:~tion rates of the. praposet! development or the dei:~rnd for pubic facilities. Trip generation shall not be increased by the proposed amendment. 4. A reduction by greater than three (3) percent of the approved open space. There will be no reduction in open space resulting from the proposed amendment. 5. A reduction by greater than one (l) percent of the off-street parking and loading space. Off-street parking and loading space will not be affected by the proposed amendment. 6. A reduction in the pavement widths or rights-of--way for streets and easements. There will not be any impact on pavement widths, rights-of--way, streets or easements from the proposed amendment. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. The amount of net leasable commercial space is not affected by the proposed amendment. There is no physical increase in Net Leasable commercial space. Section 3 of the Ordinance permitts 22,924 square feet of commercial floor area. Table 1 shows there will actually be 23,539 square feet of commercial floor area. Although this is an increase of 2.7 percent over the approve quantity of commercial -~. ,,..~ ~~ , ~~,.+ floor; there is no significance to the data because there will not be any more leasable arcs than already exists. H. An increase by greater than one (I) percent in the approved residential density of the development. Residential density is not affected by the proposed amendment. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the projects approved use or dimensional requirements. As noted above, the Ordinance anticipated minor variations in Dimensional Calculations resulting From variations in floor area measurement methodology. Summary This letter requests an insubstantial amendment to the North of Nell PUD. This amendment was articipated dui ~:~_ "!s; 'a!'d :~.: a°view [t iias been demonstrated that the amendment is consistei.r whls section ZG.-l;:i. i OC of tL-e land Uae Code. Please let me know if you have any questions or need any additional information. Thank you for your assistance. Sincerely, DAMS HORN INCORPORATED ~~~---- GLE N HORN AICP FAR-Nws.~ww. _ .t~ z.,a,~ wt rntu~~ ZON1N ~19TRlCT: C(, '1 DUIL1~. ~ F.A.R ALLOWED: ZOND4O 3 TO 1 `"' LOT AREA 100' X 278.86' ~ 27,886 SQ. PT. BUILDING MAXBNUM FA.R ~ 83.658 SQ. PT. NORTH OP NELL AREA CALCULATIONS EXISTING WALL AREA PERCENT BELOW GRADE NOR'IN 0 EAST .0093 WEST @77 BELOW GRADE 70 REMAIN .037 ABOVE GRADE ,963 SOl7f7{BELOW GRADE TO BE RMOVFD 0999 ABOVE GRADE .9001 TOTAL EXISTING BELOW GRADE .1369 ABOVE GRADE .8631 GROSS AREA OF ARCADE LEVEL 24,442.15 SQ. FT LESS BELOW GRADE 24,442.15 X .8631 = 21.096.02 SO. FT BUILDING AREA . ARCADE 21.096.02 2ND FLOOR 20,567.56 3RD FLOOR 20,567.56 4TH FLOOR 20303 56 TOTAL FLOOR AREA -EXISTING LOWER@1G OF DEAN `7A.F7')' k WALB:WAY AT SERIFEdEI.EVRTdON OF NORTH OF NEId. - BY OTfiERS - 7'liE.. RESIDENCES AT3HF. RR:I L -DEClRFASE )N La~~.-dW GRADE SPnCE - DBtT REMOVAL INCREASED F.AR DO TO DB2T REMOVEAL ADDED TO EXISTING ARCADE LEVEL -REMOVED .0999 WALL AREA GROSS AREA; 24,442.15 X .0999 = 2441.77 SQ. FT. EXISTING BUR,DING AREA AFTER DB2T REMOVAL; 82,534.70} 2441.77 SQ. FF. _ szs3e.7o so. F•r. 84.976.4750 FT AREA OF BURDING FAR ALLOWED AFTER PUD APPROVAL S . FT. EXISTBJG ARCADE COMMERCIAL F.A.R AFTER DBtTREMOVED; 21,096.02+2441.77 = 23,537.79 SQ. FT. EXISTING ARCADE COMMERCIAI, FAR ALLOWED AFTER PUD APPROVAL SO FT EXISTING FAR RESB)ENTTAI. -UPPER FLS 61,438.68 SQ. FT. F.A.A. ALLOWED AFTER PUD S . FT. REMODEL AREA CALCULATIONS NEW ARCADE COMMERCIAL FAR 23,749.95 SQ. FT. X .963 BELOW GRADE 22,871.20 SQ. FT. REDUCTION FROM EXISTING; 666.59 SQ. FT. NEW RES[DENFIAL -UPPER FLS. F.AR 61,65246 SQ. FT. BJCREASE FROM EXISTAG; +213.78 SQ. Ff. NEW TOTAL BURDING F.A.R. AFTER REMODEL 84 523.66 S . FT. REDUCTION FROM EXISTING; - 452.81 SQ. FT. DECK AREA ALLOWABLE DECKS 15°/. OF ALLOWABLEFAR 83,540 X . IS = 12 53I SQ. FT EXISTING DECKS & EXTERIOR COLUMNS 7,414.20 SQ. FT. REMODELED DECKS AND EXTERIOR COLUMNS 7.R99.42 SO. FT. r. ,-,, ~. , ~ ,' PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property:, Parcel ID 2737-182-49051, Legally described as Lots A, B, C, D, E, F, G, H, and I, Block 97, City of Aspen Townsite, Pitkin County, Colorado, commonly know as the North of Nell Planned unit Development, 555 East Durant Avenue. The approval is to grant an insubstantial amendment to the North of Nell PUD, Ordinance No. 36, Series of 2007. The request to allow for minor insignificant vaziations in the floor area calculations between the land use application and building permit submittal approved pursuant to an administrative vaziance granted June 2, 2008. The changes are depicted in the land use application on file with the City of Aspen. For further information contact Jason Lasser at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 429-2763. City of Aspen Published in The Aspen Times on June 15, 2008. Davis Horn~• PLANNING & REAL ESTATE CONSULTING ~e ~~// ~~4~M~~ APR 1 g '~rt;~ CITY OF ASPEN COMIf,IUNITY DEVELOPMENT April 16, 2008 Jason Lasser Jennifer Phelan City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: North of Nell PUD Dear Jason & Jennifer: The North of Nell Condominium Association (applicant) is represented by Davis Horn Incorporated in this matter. As you know, the City Council approved Ordinance No. 36 Series of 2007 on October 22, 2007. Section 4.2. of the Ordinance and Section 26.445.070 of the Land Use Code call for the approval and recordation of the North of Nell Final PUD Plan and Agreement to be approved and recorded by Apri122, 2008. We have been working on the preparation of the Plan and Agreement but have waited to submit them for your review until Randy Wedum, Architect and Todd Grange; Zoning Official reached agreement on calculations of existing and proposed floor area. On Friday, April 11, Todd and Randy finalized the existing and proposed floor area calculations. We have forwarded the calculations to Sopris Engineering to be placed on the PUD Plan. Simultaneously, we are completing the PUD Agreement. Section 3 of the Ordinance established the existing and proposed Dimensional Calculations for the North of Nell. You will recall that we anticipated that the existing and proposed Dimensional Calculations as determined by the Zoning Official may differ somewhat from the Calculations submitted by the Architect during the land use review process. Section 3 of the Ordinance provided for this possibility by including a provision which stated: "As approved by the City Council at the October 22"d meeting, an administrative PUD Amendment can be granted by the Community Development Department to accommodate a difference in the floor area between land use submission ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@roF.net ghorn@roF.net 4s calculation and the building permit submission calculation as long as no changes to the building aze proposed from the land use approval to the building permit application." There aze, in fact, minor variations in floor area calculations between the land use application and building permit submission. We will be submitting another letter requesting an Administrative PUD Amendment to document the variations. Section 26.445.070 of the Land Use Code provides for the Community Development Director to extend the deadline for recordation of the PUD Agreement and Plan if the extension request is within the vesting timeline and if there is a community interest for providing such an extension. This letter has been delivered to the Community Development within the vesting timeline. The community interest will be served by granting a recordation extension to the North of Nell. The applicant intends to complete the North of Nell remodel and improvements to the Dean Street this year to coincide with work being done by the Residences at Little Nell. It is in the community interest for these projects to be completed simultaneously utilizing the same contractor. The applicant requests a 60 day extension until June 22, 2008 to complete the approval and recordation of the North of Nell PUD Plan and Agreement as provided for in the Code. Please contact me if you have any questions and or comments. Thank you for considering this matter and for Todd Grange's assistance in reaching agreement on the floor area calculations. Sincerely, DAMS HORN INCORPORATED GLENN HORN AICP cc: Joe Raczak, North of Nell Manager The above referenced request for extension to record a Final PUD Development Plan, as noted in LUC sectior~.445~roved an additional 60 days to expire on June 22, 2008. Chris Bendon, Community Development Director date ti Davis Horn~• PLANNING & REAL ESTATE CONSULTING April 18, 2008 RECEIVED APR 1 8 zuud Jason Lasser CITY OF ASPEN City of Aspen CDMMUNITV DEVELOPMENT Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: North of Nell Planned Unit Development Administrative Amendment Request Dear Jason: The North of Nell Condominium Association (applicant) is represented in this matter by Davis Hom Incorporated. As you know, the City Council approved Ordinance No. 36 Series of 2007 on October 22, 2007 (see Attachment 1). Section 3 of the Ordinance established the existing and proposed Dimensional Calculations for the North of Nell. You will recall that we anticipated that the existing and proposed Dimensional Calculations as determined by the Zoning Official at building permit review may differ somewhat from the Calculations submitted by the Architect during the land use review process. Section 3 of the Ordinance provided for this possibility by including a provision which stated: "As approved by the City Council at the October 22"a meeting, an administrative PUD Amendment can be granted by the Community Development Department to accommodate a difference in the floor area between land use submission calculation and the building permit submission calculation as long as no changes to the building aze proposed from the land use approval to the building permit application." There are, in fact, minor insignificant variations in floor azea calculations between the land use application and building permit submission. These vaziations affect both the existing and proposed floor area of the North of Nell. Table 1 presents revised Dimensional Calculations for the North of Nell which should be replace the calculations in Ordinance No. 36 Series of 2007. The variations in floor area calculations have ALICE DAVIS AICP ij GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@roEnet ghorn@rof.net ., ^~ li ~ TABLE 1 NORTH OF NELL PUD REVISED DIMENSIONAL CALCULTIONS OVERALL FLOOR AREA APPROVED THROUGH THIS TOTAL FLOOR AREA EXISTING FLOOR AREA ORDINANCE Total Floor Area 82,535 Total F.A.R. 2.96:1 Total Permitted F.A.R. NA COMMERCIAL FLOOR 84,524 3.03:1 3.03:1 COMMERCIAL FLOOR AREA APPROVED THROUGH THIS AREA EXISTING FLOOR AREA ORDINANCE Total Area 21,096 23,539 Total F.A.R. .76:1 .83:1 Total Permitted F.A.R .83:1 RESIDENTIAL FLOOR AREA APPROVED RESIDENTIAL FLOOR THROUGH THIS AREA EXISTING FLOOR AREA ORDINANCE Total Area 61,440 61,652 Total F.A.R. 2.20:1 2.21:1 Total Permitted F.A.R. 2.21:1 Source: Davis Horn Incorporated, Wedum and Associates & City of Aspen Community Development Department, April 2008 2 resulted from minor technical variations between the Zoning Official's and Architect's measurement methodology. The proposed structure has not increased in size since the land use review however there has been a slight increase in overall floor area. For example, at the time of the land use review the Architect estimated that the existing floor area of the North of Nell is 82,306 square feet. Since that time the Architect and Zoning Official have agreed that the actual existing floor area is 82,534 square feet. Table 1 reflects minor variations in measurement methodology such as this. Attachment 1 is a copy of data prepared by the Architect entitled "FAR- North of Nell - 555 Durant St. - Aspen, Co 81611." The data in Attachment 1 has been reviewed and approved by the City of Aspen Zoning Official as part of the North of Nell Building Permit review. Please refer to Table 2 which compares and contrasts existing floor area calculations utilized during the land use review with final existing floor are calculations agreed upon by the Architect and City of Aspen Zoning Official. This data in this table is significant because it show that the estimate of total existing floor area utilized during the land use review is low by 620 square feet or approximately .076 percent of the total floor area. Correspondingly, the estimate of residential floor area was low by 678 square feet or approximately 1.1 percent of residential floor area. TABLE 2 NORTH OF NELL EXISTING FLOOR AREA COMPARISON OF LAND USE REVIEW DATA AND BUILDING PERMIT DATA Floor Area Estimates Land Use Review Building Permit Review Category Square Feet Square Feet Commercial Area* 21,154 21,096 Residential Area 60,762 61,440 Total** 81,916 82,536 * Removal of dirt on south side of building along Dean Street increases existing floor area by 2,441 sf without any increase in size of building. ** Section 3: Dimensional Requirements of Ordinance mistakenly indicates that total existing floor area is 82,306 square feet. The math is wrong in Ordinance. Source: City Council Ordinance No.36 Series of 2007, Davis Hom Inc., Wedum and Associates P.C. and City of Aspen Community Development Department; April 2008. The next section of this letter demonstrates compliance with the standards in Section 26.445.10 of the Land Use Code, PUD Insubstantial Amendment. Standards appear in bold followed by the applicant's responses. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development There is no change in the use or character of the development resulting from the proposed PUD amendment. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. There is no increase in site coverage resulting from the proposed PUD amendment 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation shall not be increased by the proposed amendment. 4. A reduction by greater than three (3) percent of the approved open space. There will be no reduction in open space resulting from the proposed amendment. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Off-street parking and loading space will not be affected by the proposed amendment. 6. A reduction in the pavement widths or rights-of--way for streets and easements. There will not be any impact on pavement widths, rights-of--way, streets or easements from the proposed amendment. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. The amount of net leasable commercial space is not affected by the proposed amendment. There is no physical increase in Net Leasable commercial space. Section 3 of the Ordinance permitts 22,924 square feet of commercial floor area. Table 1 shows there will actually be 23,539 square feet of commercial floor area. Although this is an increase of 2.7 percent over the approve quantity of commercial 4 ,~^, ^`, r,,,, ~ floor; there is no significance to the data because there will not be any more leasable area than already exists. S. An increase by greater than one (I) percent in the approved residential density of the development. Residential density is not affected by the proposed amendment. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the projects approved use or dimensional requirements. As noted above, the Ordinance anticipated minor variations in Dimensional Calculations resulting from variations in floor area measurement methodology. Summary This letter requests an insubstantial amendment to the North of Nell PUD. This amendment was anticipated during the land use review. It has been demonstrated that the amendment is consistent with section 26.445.100 of the Land Use Code. Please ]et me know if you have any questions or need any additional information. Thank you for your assistance. Sincerely, DAVIS HORN INCORPORATED ~~ GLE N HORN AICP PAR - NmM KNdL - 555 Dmam 4t - A~ CO 8161 I ,,,r '•,~ ZONMO ~,,,,dICT: CL ~ BUILDING P.AR ALLOWED: ZONMO 3 TO 1 LOT AREA 100' X 278.86• ~ 27,886 SQ. PT. BUII.DINO MAXB4UM PAR -83,658 SQ. FT. NORTH OF NELL AREA CALCULATIONS EXISTING WALL AREA PERCENT BELOW GRADE NORTH 0 EAST 0093 WEST 02~ BELOW GRADE TO REMAIN .037 ABOVE GRADE .963 SOUTi1 BELOW GRADE TO BE RMOVED 0999 ABOVE GRADE .9001 TOTAL EXISTING BELOW GRADE .1369 ABOVE GRADE .8631 GROSS AREA OF ARCADE LEVEL 24,442.15 SQ. Ff. LESS BELOW GRADE 24,4421 S X .8631= 21.096.02 SO. FT. BUILDING AREA ARCADE 21.096.02 2ND FLOOR 20,567.56 3RD FLOOR 20,567.56 4TH FLOOR 20303 56 TOTAL FLOOR AREA -EXISTING 82.534.70 SO. FT. LOiYERII4G OF DEAN S3'REE'T & WALK WAY A T SO[fIH ELF,VAT[ON OF TXN177{ OF NEI.l. - BY OTITaRS - THE BESiDEt~E$ ATTHE NELL -DECREASE 2N SELON GRADE SPACE - DEtT REMOVAL INCREASED F.A.R. DO TO DIRT REMOVEAL ADDED TO EXISTING ARCADE LEVEL -REMOVED .0999 WALL AREA GROSS AREA; 24,442.15 X .0999 = 2441.77 SQ. FT. EXISTING BULDNG AREA AFTER DRtT REMOVAL; 82,534.70r 244L77 SQ. FT. = 84,976.47 SO. FT, AREA OF BULDING FA1L ALLOWED AFTER PUD APPROVAL SO FT EXISTING ARCADE COMMERCAAI, F.A.R AFTER DBtT REMOVED; 21,096.02 +2441.77 = 73,537.79 SQ. FT. EXISTING ARCADE COMMERCIAL FAR ALLOWED AFTER PUD APPROVAL SO FT EXISTING FAR RESB7ENTIAI. - UPPER FLS. 61,438.68 SQ. FT. F.A.R. ALLOWED AFTER PUD SO FT REMODEL AREA CALCULATIONS NEW ARCADE COMMERCIAL FAR ?3,749.95 SQ. FT. X .96.3 BELOW GRADE 22,871.20 SQ. FT. REDUCTION FROM EXISTING; X66.59 SQ. FT. NEW RESB)ENITAL -UPPER FLS. F.AR 61,652.46 SQ. FT. INCREASE FROM EXISTING; + 213.78 SQ. FT. NEW TOTAL BURDING F A R. AFTER REMODEL 84 523 66 SO FT REDUCTION FROM EXISTING; - 452.81 SQ. FT. DECK AREA ALLOWABLE DECKS 15%OF ALLOWABLEFAR 83,540 X .IS = 12,531 SO. FT. EXISTING DECKS & EXTERIOR COL[JMNS 7,414.20 SQ. FT. RF_MODELED DECKS AND EXTERIOR COLUMNS 7.899.42 SO. FT. ~/ Davis Horn~- PLANNING & REAL ESTATE CONSULTING July 25, 2008 Jason Lasser Aspen Community Development Dept. 130 S Galena Street Aspen, CO. 81611 RE: North ofNell Condominiums Dear Jason: DECEIVED ~~JL 2 5 2008 CITY OF ASPEN ':OMMUNITY DEVELOPMENT Along with this letter we are submitting the North ofNell Condominium Subdivision/PUD Agreement and the North ofNell Final Plat documents for your approval. We will submit mylars of these items as soon as you call us to verify that these are acceptable. Thank you, DAMS HORN INCORPORATED ALICE DAMS AICP cc Joe Raczak ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH 5T. • SUITE 104 • ASPEN, COLOF;ADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adwis@rof.net ghorn@roEnet ~; EGEI1/ED JL1L ~ 5 2008 tillliUIVISIUN/Pl1U A(:Itl~;l?MI?N'1' hOR "1'111', NOI2T11 O1?,~~~.~~NNIUMS 1'arccl Nu. 2737-182-491151 I'I IIS n(iRlil{MI?N"I' is made this _ day of , 2008 between'I'III: NOR'I'II Oh Nlfl,l. CUNDUMINIl1M nSSUCIn"IION (hcrcinaltcr "Uwncr") and "ll IE CITY Oh nSPI:N, a municipal corporation (hcrcinaltcr the "City"). WI IGRI;nS, Owner owns or represents the owner of the property located at 555 East Durant Street which is legally described as Lots A,Q,C,D,L,I',G,H, and 1, [31ock 97, City of llnvnsitc of aspen. Pitkin County, Colorado, and which plat was recorded on 19 in Book at Page _ as Reception No. of the Pitkin County Clerk and Recorder (hcrcinaltcr "the Property"); and \\'IiERE:\S, the Community Development Department received an application from the O~cner, represented by Davis Horn Incorporated, requesting approval for a Planned Unit Dcv~~lnnmcm to lepalizc the existine ^~n-conforming dimensionu.l standards with cnndi?i~;m WHERE_~S. upon revic~y of dte application, rc~,,rral comments, and the applicable Land l ae Cude standards, the Community Development Department recommends approval of the Planned Unit Development of the Planned Uni[ Development for the North of Nell Condominiums with conditions; and \\'HERE:IS, the Planning and Zoning Commission did not meet due [o lack of a quorum on June ~. 2007 and upon recommendation of the Community Development Department, continued the public hearing to July 17, 2007; and \\%HEREAS, upon further review of the application at the July 17, 2007 continuance the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered the public continent at a duly noticed public hearing; and \\-HEREAS. on Juh~ 1 T~',~607 via Resolution No 19 (Series of 2007), the Cit}~ of Aspen Planning Commission considered and discussed the application and found that the development proposal meets all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen area Community Plan: and \\'HEREAS. the City of Aspen Planning and Commission recommends cite council approve the Planned Unit Development and Amendment to the Official Zone District Map. by a vote of three to two (3-2); and WHEREAS, during a duly noticed public hearing on October 22, ?007, the City of Aspen Ciq~ Council (hereinafter "the Council") opened the hearing, took public testimony, considered pertinent recommendations liom the Comnumity Development Director, and rclcrral agencies of ~r the City of Aspen and adopted Ordinance Nu. 36, Series of 2007, approving with conditions, a planned unit development to Icgalire the existing non-conforming dimensional rcyuiremcnts and an amendment to the official ronc district map; and WI IBREAS, the Council finds that the development proposal meets many of the applicable development standards and where the standards are varied, that the approval of [he development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHGRGAS, pursuant to the Council's Ordinance No. 36, Series of 2007 ("Ordinance 36"), [he Council granted approval with conditions for a Planned Unit Development to legalize the existing non-conforming dimensional standards with conditions for [he North of Nell Condominiums (the "Project") and WHEREAS, Owner has submitted to the City for review and approval a PUD plat for the project (hereinafter the "Plat") and the City will review the Plat with regard to compliance with matters described herein; and subject to the provisions of the Municipal Code of the Ci[y of Aspen (hereinafter the "Code"), and ether applicable ^ales and regulations; and WHEREAS, the City and the Owner wish to enter into a PUD Agreement ror the 1'. vjc~~, and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the review of the Plat by the City, and in accordance with Ordinance 36, 2007, it is agreed as follows: 1. Description of Project. The North of Nell Condominium Association is remodeling the building facade and roof on all four sides. The remodel on the south side of the building will provide a new entry to the North of Nell by providing a pedestrian link between Dean Street and the North of Nell Condominiums. The City approved the redevelopment of Dean Street in conjunction with the Residences at Little Nell. The approvals of that adjacent project allowed the elevation of Dean Street to be lowered by approximately three feet. Consequently, the south wall of the North of Nell will be more exposed and therefore this action by the adjacent property's developer will increases the floor area at the North of Nell. The PUD Agreement establishes the dimensional requirements for the project as approved through the PUD review process. 2 Approved Development via PUD Plat and PUD Agreement. The approved remodel of the North of Nell Condominiums is represented in the North of Nell PUD plat and within this PUD Agreement. The Owner shall record a final PUD PIaUPIan that meets the requirements of the Land Use Code and this Agreement within 180 days of approval. 2 .... 9 3. Dimensional Calculations. Dimensional calculations were approved through Ordinance 36 01'20(18, but wore then revised through nn Insubstantial 1'UD Amendment approved by Jennifer Phelan on Junc 5, 2008. 'hhc following reflects the final approved dimensional calculations for the North of Ncll Condominiums PUD. NOR"I'11 OI' NELL PUD REVISED DIMI?NSIONAL CALCULTIONS OVERALL FLOOR REVISED FLOOR AREA AREA APPROVED APPROVED THROUGH TIII2OUGH INSUBSTANTIAL PUD TOTAL FLOOR AREA ORllINANCE #3G AMENDMENT 6/05/08 Total Floor Area 84,739 sq.ft. 84,524 sq. ft. Total F.A.R. 3.0029:1 3.03:1 Total Permitted F.A.R. NA 3.03:1 COMMERCIAL FLOOR AREA Total Area 22,924 sq. ft. 23,539 sq. ft. Total F.A.R. .82:1 .83:1 RESIDENTIAL FLOOR AREA Total Area Total F.A.R. 60,815 sq.ft. 2.18:1 61,652 sq. ft. 2.21:1 Source: Davis Horn Incorporated, Wedum and Associates & City of Aspen Community Development Department: June, 2008 4. Conditions. The North of Nell PUD approval is subject to the following conditions: a) Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ration as calculated according to the Aspen Land Use Code. b) A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). c) Prior to issuance of any building permit for any improvement to the building, the 3 ~. ~...~" applicant shall submit building elevations and design details showing the design as approved by the North of Ncll Condominium Association. 'fhc design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. d) "I'he Owner shall lilt a Notice of PUD in the Clerk and Recorder's office of Pitkin County subsequent to receipt of a development order, or prior [o issuance of a building permit. c) As conditioned by City Council a[ the October 22,2007 public hearing, both saw tooth roofs (upper and lower) shall be maintained and no protrusions through [he sawtooth roots with the exception of chimneys and mechanical devices shall occur. 5. Notices. Notices to the parties shall be sent by United States certified mail [o [he addresses se[ forth below or to any other address which the parties may substitute in writing. To the Owner: North of Nell Condominium Association 555 Durant Avenue Aspen. CO. 816 I With Copies to: Glenn Horn Davis Horn Incorporated 215 South Monarch Street ,Suite 104 Aspen, Co. 81611 To City of Aspen: City Manager 130 South Galena Street Aspen, Co. 81611 With a Copy to: City Attorney 130 South Galena Street Aspen, Co. 81611 5. Binding Effect. The provision 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 Owner's and the City's successors, personal representatives and assigns. 6. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 4 >~ .- 7. Severahility. If any of the provisions of this Agreement arc determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: fl IE CITY OF ASPEN, a municipal corporation Kathryn S. Koch, City Clerk Helen Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney OWNER: North of Nell Condominium Association STATE OF )ss. COUNTY OF ) The foregoing Agreement was acknowledged before me this _ day of 2008 by , President of the North ofNell Homeowners Association WITNESS my hand and official seal. My commission expires: Notary Public 5 -~. ~..~ Davis Horn~• PLANNING & REAL ESTATE CONSULTING August 21, 2008 Jason Lasser City of Aspen Community Development Department 130 S. Galena Street Aspen, CO. 81611 RE: Submission of Mylars of the North of Nell 19 Page Plat - Sets for Signature and Recordation Dear Jason: With this letter I am submitting two sets of the 19 page mylars of the current North of Nell plat approved and ready for recordation. We have the owners' original signature witnessed by a notary public on these plats. Please have the appropriate people sign these and have them recorded as expeditiously as possible. As you are aware, the expiration date for approval and recordation is tomorrow, August 22, 2008. We also want to continue to process and hopefully obtain a 60 day extension to the expiration of the recordation deadline. This will allow ample time for recordation if any issues arise and if the recordation process takes longer than expected. We submitted this request on August 13, 2008, so we are hoping we can obtain the necessary approval and documentation to finalize this extension before tomorrow, the expiration date. It took quite awhile to obtain the owner's signature, who is located out of town. Thank you so much for your help in this matter. I will be out of town, at the Democratic National Convention in Denver, until next Friday. Please talk to or email Glenn if you have any questions o~'concerns. Please let us know if we can get the extension to tomorrow's deadline signed and approved today or tomorrow. Thank you. Sincerely, DAMS HORN INCORPORATED ~Qound ALICE DAMS AICP ~(~~ ~lg~~v~° + reCG~a~r~n, ~'~p Gnpi~S ~ -fM N• ~ I~sel ~ ~ l~ I~ /yg ~~ rr~rrt a~ O~~GLCh~ ~ ~ S (/`'~~ ~' ~ l f C~( RECEIVED AUIi 21 2008 CITY OF ASPEN ALICEDAVIS AICP S GLENN HORN AICP COMMUNITY DEVELOPMENT 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@roEnet ghorn@rof.net .-~. October 7, 2008 Jason Lasser Jennifer Phelan Davis Horn~- PLANNING & REAL ESTATE CONSULTING City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: North of Nell PUD Dear Jason & Jennifer: E~E~VE~ ui:T 0 8 2008 Ci ~ Jr ASPEN The North of Nell Condominium Association (applicant) is represented by Davis Horn Incorporated in this matter. As you know, the City Council approved Ordinance No. 36 Series of 2007 on October 22, 2007. Section 4.2. of the Ordinance and Section 26.445.070 of the Land Use Code call for the approval and recordation of the North of Nell Final PUD Plan and Agreement to be approved and recorded by April 22, 2008. This date was extended until June 22, 2008 in order to process an Administrative PUD Amendment regarding floor area variations. It was extended again on August 22, 2008 until October 26, 2008. We are now asking for another 60 day extension to the deadline for the recordation of the PUD Plan and Agreement, until December 26, 2008. We have submitted signed copies of the PUD Agreement and the Plat. We are now waiting for final signatures from City officials. Section 26.445.070 of the Land Use Code provides for the Community Development Director to extend the deadline for recordation of the PUD Agreement and Plan if the extension request is within the vesting timeline and if there is a community interest for providing such an extension. This letter has been delivered to the Community Development within the vesting timeline. The community interest will be served by granting a recordation extension to the North of Nell. The applicant requests a 60 day extension until August 22, 2008 to complete the approval and recordation of the North of Nell PUD Plan and Agreement as provided for in the Code. Thank you for considering this matter. Sincerely, D V HORN INCORPORATED kl L N HORN AICP cc: Joe Raczak ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adrnis@rof.net ghorn@rotnet r ~, Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, October 23, 2007 10:53 AM To: 'glenn horn' Subject: RE: North of Nell Follow Up Glenn: Your summary below is accurate. Thanks for your time on this. Jevuu,(rr t heicuv, Deputy Planning Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: glenn horn [mailto:ghorn@rof.net] Sent: Tuesday, October 23, 2007 11:29 AM To: Jennifer Phelan Cc: Jason Lasser; Jennifer Phelan Subject: North of Nell Follow Up Jennifer: Page 1 of 1 I just spoke to Joe to try to develop an understanding of what exactly was approved last night. As we discussed, the City Council approved the facade as proposed with the exception of a condition that the applicant must keep the sawtooth roofs (lower & upper). There may be no protrusions above the upper sawtooth roof with the exception of chimneys and mechanical devices. The arches are not approved. Joe has asked the architect to quickly prepare an elevation which conceptually depicts the facade which was approved last night. We want to get this elevation in the file right away so there is not misunderstanding regarding what was approved at the meeting last night. We will get you this elevation as quickly as possible. Please contact and let me know if this email accurately reflects your understanding of the land use approval. Please add this email and your response to the land use file so Jason knows what happened last night. Thanks for your assistance. Joe thanks you too. Glenn. 10/23/2007 ~, .. v, ~ ~~ MEMORANDUM TO: Mayor Ireland and City Council FROM: Jason Lasser, Planner ,~ J~ THRU: Chris Bendon, Community Development Director ~~ DATE OF MEMO: October 11, 2007 MEETING DATE: October 22, 2007 RE: 555 East Durant Avenue- Planned Unit Development (PUD), Second Reading of Ordinance #36, Series of 2007, REQUEST OF COUNCIL: City Council is asked to grant approval for the development of a Planned Unit Development (PUD) on the property known as the North of Nell, located at 555 East Durant Avenue. The North of Nell Condominium Association, represented by its Manager, Joe Raczak, has submitted this land use application requesting the following: 1.) PUD overlay of the property to establish the dimensional standazds for the structure as conforming (specifically an increase in the residential FAR and overall FAR) to allow for exterior mechanical wall covers to be constructed, which will enclose part of the existing deck space. BACKGROUND: The North of Nell Condominium building was built in 1969 in compliance with the standards in effect at the time. According to Section 26.312.020 and 26.312.030 of the Code, non-conforming uses and structures may continue to operate as they aze, but only normal maintenance procedures can be conducted and no extensions or expansions are allowed. The North of Nel] Condominiums will be affected by the new development of the Residences at Little Nell on Dean Street. The lowering of the street will expose additional existing building wall of the North of Nell, which will increase the calculated floor area. In order to help rectify the situation, the applicant proposes a PUD overlay to establish the existing non-conforming dimensional standards as legal for this property. REVIEW PROCESS' The applicant requests the following land use approvals for the project described above: 1) Planned Unit Development (PUD); According to Section 26.445.040 of the Land Use Code, establishment of dimensional requirements and density may be approved with the adoption of a Final PUD development plan. In this case, the applicant proposes a PUD to establish the existing floor area; Final Review Authority: City Council G:\ciNUasonUL-Cases\JL-CiNCouncilWorth of Nell\NON ]0-22-2nd Readine CC\Memo NorthofNell 2ndReadin doc Page 1 of 4 BACKGROUND/EXISTING CONDITIONS: The North of Nell is a mixed-use commerciaUresidential development with 40 residential and 12 commercial units. Existing underground parking holds 61 spaces. A shop, storage and utility rooms are also located in the basement. The building is located in the Commercial Lodge (CL) zone district. Total floor azea in the zone district is limited to a floor area ratio (FAR) of 3:1 or 83,658 sq. ft. based on a lot size of 27,886 sq. ft. According to the applicant, the FAR of the existing building is 2.9:1 (82,306 sq ft./27,886 sq ft). Due to the lowering of Dean Street the individual FAR for the commercial component will increase although no additional square feet will be created. With the material changes to the building being proposed, the FAR for the residential component will also increase. Currently the FAR of the residential component is non-conforming. Below, aze a number of tables that show the allowable and proposed FARs of the building. On October 2, 2006, Heazing Officer Timothy E. Whitsitt noted that the improvements and construction activity on Dean Street should coincide with the neighboring development to prevent prolonging the disruption of vehiculaz and pedestrian use. However, "it may not obtain a building permit for this construction without addressing the calculated increase in it's nonconforming FAR and obtaining an approval for that increase from the City". Therefore, this application for an increase in FAR was exempt from the moratorium. TOTAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA TOTAL FLOOR AREA 82,306 83,739 TOTAL F.A.R. 2.95:1 3.0029:1 TOTAL PERMITTED F.A.R. 3:1 COMMERCIAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA TOTAL FLOOR AREA 21,154 22,924 TOTAL F.A.R. .76:1 .82:1 TOTAL PERMITTED F.A.R. 1:1 RESIDENTIAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA TOTAL FLOOR AREA 60,762 60,815 TOTAL F.A.R. 2.17:1 2.18:1 TOTAL PERMITTED F.A.R. .5:1 G•\ciryVasonUL-CasesUL-CityCouncilWorth ofNeIIWON.10-22-2nd.Reading.CCwtemo.NorthofNe11.2ndReadine.doc Page 2 of 4 ,.... DISCUSSION: PLANNED UNIT DEVELOPMENT (PUD): The Applicant is requesting Planned Unit Development (PUD) approval to establish dimensional standads for the structure as conforming pursuant to the definition of a planned unit development.l In reviewing the planned unit development (PUD) portion of the application, Staff finds that the proposal meets the most of the applicable planned unit development review standards established in Land Use Code Section 26.445.050, Review Standards, as outlined in Exhibit A. However, the application does not meet the intent of the architectural character review criteria. Although the design of the building is outdated, there are many condominium and lodge structures of the same era in Aspen that all contribute to the local architectural character and are appropriate for the environment in which they are located. The visual interest of the saw- tooth roof adds to the character of the building, seeking to reduce the perceived length of the eave. It is staff's opinion that the saw-tooth eave of the flat roof seeks to emulate a chalet style gable. The proposed straight line cut to the eave will increase the perceived mass and the addition of applied painted gutter seam brackets will not break up the building vertically. It is Staff's opinion that the request to demolish the saw-tooth roofline due to gutter pricing savings is not appropriate and is inconsistent with goals of the AACP as it relates to "Design Quality ". The Planning and Zoning Commission recommended approval of the Planned Unit Development (PUD) to City Council by a vote of three to two (3 - 2). RECOMMENDED ACTION: Staff does not find the azchitectural chazacter review criteria of Planned Unit Development to be met with the removal of the saw tooth roof, and recommends approval with condition that both saw tooth roofs be maintained on the building. PROPOSED MOTION: "I move to approve Ordinance #36 Series of 2007 upon second reading." If council agrees that the saw tooth roofs should be maintained a condition of approval should be included in the motion. CITY MANAGER ATTACHMENTS: Exhibit A: Planned Unit Development (PUD) -Staff Findings Exhibit B: Determination of Administrative Hearing Officer Exhibit C: DRC minutes/notes Exhibit D: Dean (Ave.) Street improvement plans Exhibit E: May 15, 2007, July 17, 2007 P+Z Minutes Exhibit F: Resolution No. 19, Series of 2007 ZPlanned Unit Development, pursuant to Land Use Code section 26.445.040, is defined as "a zoning overlay classification or designation under which certain zone district regulations may be varied to encourage flexibili and innovation in the development of land..." G:\ciriUasonUL-Cases\JL-CiriCouncil\North ofNell\NON.10-22-2nd.Reading.CC\Memo.NorthofNe11.2ndReadine.doc Page 3 of 4 Exhibit G: Applicant F.A.R. Calculations Exhibit H: Elevations of the proposed Exhibit I: Application a~e~( G\citvUasonUL-CasesUL-CiNCouncil\North of Nell\NGN.10-22-2nd Reading CC\Memo NorthofNell 2ndReadine doc Page 4 of 4 ._ ORDINANCE N0.3 6, (SERIES OF 2007) A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-CONFORMING DIMENSIONAL STANDARDS WITH CONDITIONS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parce! ID: 2 73 7-1 8249051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the lowering of Dean Street; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, Pazking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums with conditions; and, WHEREAS, the Planning and Zoning Commission reviewed the application at a public hearing on May 15th, 2007, and upon recommendation of the Community Development Department, continued the public heazing to June 5th, 2007; and, WHEREAS, the Planning and Zoning Commission did not meet due to lack of quorum on June 5, 2007, and upon recommendation of the Community Development Department, continued the public hearing to July 17, 2007; and, WHEREAS, upon further review of the application at the July 17th continuance, the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and, WHEREAS, on July 17th, 2007, via Resolution No. 19 (Series of 2007), the City of Aspen Planning and Zoning Commission considered and discussed the application and G:\cityUasonUL-CasesUL-CityCouncil\North of Nell\NON.10-22- 2nd. Reading.CC\Appr. CC.Ord.10.22.07.doc found that the development proposal meets all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the Resolution (No. 19, Series of 2007) furthers and is necessary for the promotion of public health, safety, and welfaze; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal aze consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3-2); and, WHEREAS, during a duly noticed public heazing on October 22, 2007, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. _, Series of 2007, approving with conditions, a planned unit development to legalize the existing non-conforming dimensional requirements and an amendment to the official zone district map; and, WHEREAS, the City Council finds that the development proposal meets many of the applicable development standards and where the standazds are varied, 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 welfaze. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AS FOLLOWS: Section 1: Plat and Agreement The Applicant shall record a PUD agreement that meets the requirements of Land Use Code Chapter .26.445.070 (C) PUD Agreement, within 180 days of approval if City Council provides final approval of the PUD request. Section 2: Zoning Map G:\city\Jason\JL-CasesVL-CityCouncil\North of Nell\NON.10-22- 2nd.Reading. CC\Appr. CC.Ord.10.22.07. doc ,.~. ~.., The Community Development Director shall cause an amendment to the City of Aspen Official Zone District Map to reflect a Planned Unit Development (PUD) overlay on the property described as 555 east Durant Street, Lots A,B,C,D,E,F,G,H, and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado Section 3: Dimensional Calculations Dimensional calculations of this PUD shall be as follows as presented by the applicant to the Planning and Zoning Commission for the July 17`s public hearing: TOTAL FLOOR AREA EXISTING FLOOR AREA OVERALL FLOOR AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA 82,306 83,739 TOTAL F.A.R. 3:1 3.0029:1 TOTAL PERMITTED F.A.R. 3:0029:1 COMMERCIAL FLOOR EXISTING FLOOR AREA COMMERCIAL FLOOR AREA AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA 21,154 22,924 TOTAL F.A.R. .76:1 .82:1 TOTAL PERMITTED F.A.R. .82:1 RESH)ENTIAL FLOOR EXISTING FLOOR AREA COMMERCIAL FLOOR AREA AREA APPROVED THROUGH THIS ORDINANCE TOTAL FLOOR AREA 60,762 60,815 TOTAL F.A.R. 2.17:1 2.18:1 TOTAL PERMITTED F.A.R. 2.18:1 Section 4:Conditions Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, pazcel identification of 2737-182-49051, the Aspen Planning and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: Prior to final approval, the applicant will provide a PUD plat that reflects actual floor azea and ratio as calculated according to the Aspen Land Use Code. G:\city\Jason\JL-Cases\JL-CityCouncil\North of Nell\NON.10-22- 2nd.Reading.CC\Appr.CC.Ord.10.22.07.doc 2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 3. Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design as approved by the North of Nell Condominium Association. The design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. Section 5• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• 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 conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22~' day of October, 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2007. Attest: G:\city\JasonUL-CasesVL-CityCouncil\IVorth of Nell\NON.10-22- 2nd.Reading.CC\Appr.CC.Ord.10.22.07.doc s . Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney G:\cityVasonUL-Cases\JL-CityCouncil\North of Nell\NON.10-22- 2nd.Reading.CC\?,ppr.CC.Ord.10.22.07.doc ~...- EXHIBIT A PLANNED UNIT DEVELOPMENT PLANNED UNIT DEVELOPMENT. A development application for PUD shall comply with the following standards and requirements (staff findings follow each requirement): A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: I DOES IT COMPLY? YES The proposed development is consistent with all applicable elements of the AACP, specifically with regard to community character. The AACP emphasizes the need to "create spaces" and to "encourage a diverse retail environment". The PUD will legalize the existing dimensional requirements which will be affected by the lowering of Dean Street. The excavation will expose additional existing wall azea which affects the calculation of floor azea. The newly exposed wall will serve as a new pedestrian retail fagade that connects to the Gondola plaza. Staff finds this to be consistent with the AACP. 2. The proposed development shall be consistent with the chazacter of existing land uses in the surrounding azea. STAFF FINDING: ~ DOES IT COMPLY? YES The character of the existing land uses in the area is characterized with a variety of uses-residential, commercial, lodge and office. The proposed PUD is consistent with this chazacter of mixed land uses. 3. The proposed development shall not adversely affect the future development of the surrounding azea. STAFF FINDING: DOES IT COMPLY? YES This proposal should not have an adverse impact on the future development of the surrounding area. The newly created pedestrian street is consistent with the present and future uses for the surrounding azea. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments aze available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: DOES IT COMPLY? YES G:\cityVasonVL-Cases\JL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc The expansion of overall floor azea is exempt from GMQS, in accordance with Section 26.470.070.A.7. of the Code. The proposal will not increase net leasable squaze footage or the number of lodge units. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The chazacter of, and compatibility with, existing and expected future land uses in the surrounding azea. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made chazacteristics of the property and the surrounding azea such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: I DOES IT COMPLY? ~ YES The structure has existed in this location for almost forty years and is located in an azea of mixed uses. Pedestrian circulation will be improved by this development. The newly accessible retail on the south side of the existing building will be compatible with the surrounding land uses and natural and man-made chazacteristics with the proposed PUD. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the chazacter of the proposed PUD and of the surrounding azea. STAFF FINDING: DOES IT COMPLY? YES The proposed dimensional requirements seek to establish the existing dimensions as the legal standards for the property for an increase in floor azea due to development activities of the neighboring property. The establishment of the PUD is to allow for a nonconformity created by the lowering of Dean Street. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cazs used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common pazking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. G:\cityVasonUL-CasesUL-CityCouncilWor[h of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: DOES IT COMPLY? YES The existing number of off-street parking spaces will not be affected by this development. The existing pedestrian access, proximity to the bus station and proximity to the city center aze consistent provide adequate alternatives for the development. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There aze not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? YES According to the review by the Development Review Committee, there exists adequate infrastructure capabilities to the structure. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding azea and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: DOES IT COMPLY? YES There aze no natural hazards or critical site features impacted with the proposal. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: G:\cityUasonUL-Cases\JL-CityCouncilWorth of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those chazacteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and chazacteristics. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density is not proposed to be increased. This standazd is not applicable because no new dwellin units or commercials ace are ro osed. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features on the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. STAFF FINDING: DOES [T COMPLY? NO The pedestrian experience around the North of Nell building is inconsistent and uninviting; however the building is built lot line to lot line allowing little in the way of pubic spaces. The Dean Street improvements will affect the building to enhance the character for the mutual benefit of the various land uses and property users of the PUD, those changes are part of another PUD, The Residences at Little Nell. The applicant is proposing to change the eave line of the property. The visual impact of the proposed straight eave will elongate the perceived length of the building and will eliminate the specific reference to the past. The existing eave has been noted as a significant characteristic of the existing building by historic preservation staff. With the removal of the saw tooth eave, staff finds that this criterion will not been met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. STAFF FINDING: DOES IT COMPLY? YES There is only one structure on the site, so clustering has already been achieved. G:\cityUasonUL-CasesUL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CCUteview Criteria_JP.doc .~.., ~r 3. Structures aze appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehiculaz and pedestrian movement. STAFF FINDING: DOES IT COMPLY? YES The structure is oriented parallel to the public street. The proposal will increase pedestrian movement and provide improved visual interest on the Dean Street elevation. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. STAFF FINDING: DOES IT COMPLY? YES Fire and emergency service vehicle access is adequate to serve their needs. 5. Adequate pedestrian and handicapped access is provided. STAFF FINDING: DOES [T COMPLY? YES/NO There aze sidewalks along the south, east and west sides of the property providing adequate pedestrian access, but there is a lack of handicap access on the South or West elevations. The structure was approved and constructed at a time when handicap access was not a requirement. To make the newly created retail on the Southwest corner handicap accessible an elevator would be required at the interior lobby of the West 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. STAFF FINDING: DOES IT COMPLY? I YES Site drainage appeazs to be accommodated properly and does not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen azea climate. G:\cityVasonVL-Cases\JL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc J 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, aze preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: DOES IT COMPLY? YES The neighboring development is responsible for the landscaping associated with the lowering of Dean Street. The proposed development will provide adequate landscaping. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a chazacter suitable for, and indicative of, the intended use, and respect the scale and massing of neazby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less- intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: DOES IT COMPLY? NO G:\city\JasonUL-CasesUL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc ~^, '•, ~, Although the design of the building is outdated, there aze many condominium and lodge structures of the same era in Aspen that all contribute to the local architectural character and are appropriate for the environment in which they are located. The visual interest of the saw-tooth roof adds to the character of the building, seeking to reduce the perceived length of the eave. It is staff's opinion that the saw-tooth eave of the flat roof seeks to emulate a chalet style gable. The proposed straight line cut to the eave will increase the perceived mass and the addition of applied painted gutter seam brackets will not break up the building vertically. It is Staffs opinion that the request to demolish the saw-tooth roofline due to gutter pricing savings is not appropriate and is inconsistent with goals of the AACP as it relates to "Design Quality". In addition to building's architectural character, the history of the project is significant as it relates to the initiation of Aspen's growth management system. The new height of the building (proposed) is of concern, as it seeks to maximize the overall height, increasing to 42'. The height is reached by applied architectural arches that have additional metal ornaments, which could vary by several inches in detail and construction. In addition, existing roof vents and chimney construction are not included in the drawings, but site examination finds the height of the elements to be questionable. It is Staff's opinion that the new arches do not wanant an increase in height and Staff is requesting that the existing saw-tooth roof remain. The lower saw-tooth eave does add to the azchitectural character at the pedestrian level, which Staff finds to be in compliance with the site design criterion; "existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved". Staff has concerns about the vertical stucco `columns' and base materials. The columns framing the primary entry do not connect with the base and are stacked vertically on sidelight windows adjacent to the door. The base material only covers approximately two (2) feet of the ground level off of grade. It is Staff s opinion that the base material for the entire height of the ground level would be more consistent. Relating specific details, color and palette to the surrounding structures is not a requirement for the PUD. It is Staff's opinion that the proposed colors (teal, purple and terracotta) seek to match the Little Nell and Gondola Plaza buildings which will increase the perception of a `base village' which is inconsistent with the existing eclectic and diverse character. Section 26.412.030 Applicability, which applies to all commercial, lodging, and mixed use development with a commercial component, states that development which impacts the exterior of the building is subject to the Commercial Design Standazds. Future exterior design changes will be subject to the Design Standards in place at the time of that application. Staff finds that the proposal does not address the pedestrian experience and Staff finds that this criterion has not been met. G:\city\Jason\JL-CasesUL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc ~~.~ ,, F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: I DOES IT COMPLY? ~ YES Staff has not yet reviewed the outdoor lighting for the building. Consequently, a condition of approval has been added requiring inspection of the lighting prior to sign off on any building permit and the bringing of any non-compliant lighting into G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation azeas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similaz manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent caze and maintenance of open spaces, recreation areas, and shazed facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: DOES IT COMPLY? YES Dean Street improvements will affect the building to enhance the chazacter for the mutual benefit of the various land uses and pro erty users of the PUD. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: G:\cityVasonUL-CasesUL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc :., ~,., , 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements aze provided appropriately and where the developer is reimbursed proportionately for the additional improvement. STAFF FINDING: DOES IT COMPLY? YES This development does not propose additional impacts to the City's infrastructure capabilities. I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other azea dedicated to public or private use. STAFF FINDING: DOES IT COMPLY? YES The structure has direct access from a public streets. 2. The proposed development, vehiculaz access points, and pazking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads aze proposed to be improved to accommodate the development. STAFF FINDING: DOES IT COMPLY? YES No additional traffic congestion is created by this development. J. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable G:\cityUasonUL-CasesUL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc ,-~. --, ~.. ~ housing, and any mitigation measures are realized concun•ent or prior to the respective impacts associated with the phase. STAFF FINDING: I DOES IT COMPLY? YES The establishment of the floor area will coincide with the lowering of Dean Street. G:\cityUasonUL-CasesUL-CityCouncil\North of Nell\NON.10-22-2nd.Reading.CC\Review Criteria_JP.doc ~x~~~~~ ~ CITX OF ASPEN, STAVE OF COLORADO Administrative Appeal Hearing APPEAI, PURSUANT TO ORDINANCE No. l9, SERIES OF 2006 Iu the Matter of the Appeal of ) NORTH OF NEIL CONDOMINITTM ) ASSOCIATION ) And ) TI~l1E CITX OF ASPEN ) DETER1vI1NATION OF ADMINISTRATIVE IIEAttING OFk'xCER The following is the determination of Administrative hearing Officer Timothy E. Whitsin with respect to the appeal of North of Neil Condomiioium Association (`°North of Nell") pursuant to the terms of The City of Aspen Ordinance No. 19, Series of 2006 ("Ordinance 19'~ and regarding the application of the moratorium established by Ordinance l9 to the development plans for his property located at 555 B. Durant Avenue, Aspen, Colorado. Procedural Background Ordinance 19 was finally adopted by the Aspen City Council to become immediately effective pursuant to its declaration of emergency ozt April 25, 2006. That Ordinance established a moratorium of six months on the submission of new land use applications and upon the issuance of new Building Permits within certain desigaaud none districts, including the Commercial Lodge ("CL's lone Aistrict in which the North ofNell is located. Ordinance 19 further incorporated a process for any property owner to lodge an appeal with the City as to the applicability of fhe moratoritmn to his property or development plans. Al! said appeals, under Section 5 of Ordinance 19, are to be heard by a Heating Officer appointed by the City Manager. City Manager Slave Barwick has appolnted the undersigned ]'leering Officer to hear and determine appeals pursuant to Ordinance 19. While Ordinance ] 9 as originally adopted incorporated a six-month moratorium, the Aspen City Council on September 23, 2006; enacted an extension of that moratorlttm through February of 2007, The North ofNell, represems the ownership of the property located at 555 E. Durant Avenue, consisting of approximately 40 residential condominiums, 17 commercial condominiums and appurtenant parking and common amenities. It approached the Aspen ~--. -~ ~.,: ,-1 Community Development Department with a plan to undertake certain cosmetic renovations to the South side of the fust hoot of the North of Nell building. It was rejected based upon the moratorium on permit applications under Ordinance 19. Noah of Nell has requested relief from the moratorium, claiming financial hardship under Section 5.6 of the Ordinance. That application for relief was accepted by the Community Development Deparnment and an appeal hearing was scheduled by mutual agreement on September 29, 2006, in Aspett, Colorado. appellant North of Nap was represented by General Manager Joe Raczak and architect Randy Wedum, Also attending the hearing to provide information as to the proposed construction project by die Residences at little Nell was John Satpa. The City of Aspen was represented by Senior Planner James Lindt. Factual Background The North of Nell has been in existence and occupied as a mulfiple use residential/comtnercia! condominium cotnplcx since 1969. lz is further noted that the North of Nell is considered noncottfotming as it currently exceeds the useable FAR tinder the Cotnmereial Core zone distrlot regulations on the property on which it is located. For this reason, any Increase in calculated FAR for the North of Nell is prohibited under the Aspen Municipal Code without. the grant of permission from the City for the increase in nonconformity. The development is adjacent, on its South side, to Dean Street, where the historic grade of that street left a portion of the North of Nail's fitrst floor below street level. This condition has in the past (ed to a calculation under the FAR regulations which reduced the actual floor area calculation for the first floor of the North of Nell under the Code, due to its subgrade condition. An unrelated development on property across Dean Street from the North of Nell has resulted in an agreemem with the City that the grade of peen Street will be lowered approxixaately three (3) feet in connection with the commencement of cottstrucGon of that project, wkzich is scheduled to commence by April of 2007 (referred to hereinafter as "the Dean Street Projcet'~. As a result, all of the first floor of the Nonh of Nel] building wilt subsequently beat grade on Dean Street. Corresponding with that change, the FAR calculation for the'Nortlt of Ndl will change since it will then. be entirely at or above grade, resulting in an increase in calculated FAR. This increase in PAR results solely by virtue of the calculation under the Code as a result of the grade change in Dean Street and despite the fact that tlxere will be no change whatsoever in the developed and occupied space within the North of Nell. North of Nell has determined that it would like to undertake a cosmetic renovation or reconstntction of We first floor exterior wall an the South side of its structure in connection with the change of grade of Dean Street, which. will expose a portion of that wall that was previously subgrade and which, fox that reason, has never peen provided any exterior finish. North of Nell wishes to coordinate this project with the construction on Dean Stroat, however, it may not obtain a building permit for Wis cottstrucliom without addressing the calculated increase in its uoncottforming FAR and obtaining an approval for that increase from the City. That application and approval are, in turn, prohibieed by the moratorium of Ordinance 19, .~. --. ~. Nord! of Nall has no control over the timing and scheduling of We Dean Street Project. This project has been approved and is already scheduled £or conswction early in 2007.1fNorth of Nell is not pennitted, due to the moratorium, to undertake its proposed xenovadon at the same time, then there will be several consequences. First, and most importantly, insteadpf a single consCNCtion project on Dean Street requiring closure of a poztion of that street, traflac control and the attendant costs and inconvenience, there will be two such projects. This furdtet results in exponentially increased construction costs fox North of Nell in its own renovation project. Instead of having the opportupity to utilize the same contractors to undertake its renovation at the same time as the Dean Street project, it will be forced to re-mobilize those contractors or others at a latex date, thus losing considerable economies of scale and duplicating mobilization costs. Even worse, the North of Nell connectors would end up needing to tear out some of the constntetion completed in the Dean Street Project in order to complete Its work, at considerable inconvenience and additional cost. The testimony from Nlssrs. Wedum aad Sarpa at the hearing indicated that the result would be to increase the North of Neil's project cost from approximately $250,000.00 to as much as $600,000.00. This testimony was suppotted by correspondence introduced by North of Nell from 1Hx. Jeffery W. Hanson, Operations Manager of Svainerton Builders. Svvinerton is the general contractor for the Dean Street Project Mr. Hanson's correspondence conSrmed that costs would be greatly increased for North of Nell if it is not permitted to undertake its project along with the Dean Street Project. !t is noted that the City did not dispute any of the evidence presented as to the substantial cost impact of forcing North of Nell to undertake its project after, rather than concurrent with, the Dean Street Project and at the hosting conceded that this situation constitutes a financial hardship. DetexmLtation Having considered the presentation of each of the pat'tites at the hearing and the requirements of Ordinance I9, the hearing officer deterxnines as Follows: 1. 'Ihore was considerable testimony and written documentation submitted supporting the position of North of Nell that the application of the moratorium, which would result inevitably in rho delay of its construction project to follow the Dean Street Project instead of concturent with it, would work a seveze economic hardship upon Noxdt of Nall. It is determined that these increased costs do constitute unreasonable financial hardship eonstitudng umeeo~erable financial loss to appellant North of Nell. 'these costs and losses constitute increased project costs resulting from the application of the moratorium, which are separate from and independent of the base value of the property, II2S depreciation rules, or the residual. value of the property. 2. The costs and losses that would be suffered by Nottb o£Nell are unique to its particular property and circwnstatu;es, such that its rights are being substantially deprived by the application of the moratorium. 3, ~-. ..~ 3. It is further noted that this !snot the sort of development activity which Ordinance 19 was intended to control; in that: a. The project involves the development of no new occupied space whatsoever, but is solely an exeerios xenovadon w an existing, occupied structure; and b. The application of the moratorium in this instance wi1L res»lt in an increase rather than a decrease in construction activity on Dean Street, as it will prevent the merging of the Dean Street and North of Nell proj ecu and prolong the distupdon of vehicular and pedestrian use on Dean Street. Based upon the ;Foregoing it is the determina6ott of the Hearing Officer that if North of Nell is not pemtitted dve to the application of the moratorium to make application to the City for an allowance of its increased FAR, iY wi]l suffer substantial financial hardship end substantial unrecgverable financial loss, the circumstances of which loss are unique to Notch of Ncll, Therefore it is the determination of this [•Iearing Officer that North of Nell should be and is e~;empted from the application of the moratorium putsuant'to Section S.B. of Ordinance 19, Series of 2006 for the purposes of said application and for any building permit application that may resuh therefrom. Dated: October 2, 2006 ~.s EXHIBIT C DRC MINUTES DRC COMMENTS: 1. Engineerine Department: Adam: -Timeline for this summer? -Improvements before/after? -Work starts April 18 w/ or w/o North of Nell. -Modify drawings prior to April 18 -Dean St. improvements must happen at once Triscia: -Tie storm pipe with Dean Street -3 sides of roof will drain into storm pipe, fees? -Drainage, changing pattern needs to be addressed 2. Buildin¢ Department Denis: -Construction management plan? -Provide required accessible routes. -needs to be accessible a114 sides -Ramps to be IBC compliant -Galena Street access required. -Ramp for access to South storefronts -RLN permit is for site plan ' -Steven Speazs from Design Workshop for site plan 3. Aspen Sanitation District Tom -Moving main sewer line for both buildings -Need to know process for abandoning line -Joe R. to talk with ACSD -Secondary Service? -Agreement is not the same? concerns from Tom. 4. Zonin Todd: -New Plat required: Need correct number of units. -Cun•ent plat shows 12 units (not 14) for Comm. -38 units or 42 for residential, amend plat? -Clazification/legal advice on split units -Plat for downstairs (comm.) and upper (resident.) -Fees: TDM .46 per sgft./Pazks 4.10 per net increase -Lighting Plan must comply 5. Fire Ed: -Maintain width for apparatus (Design Workshop) -Complies with 20'/16' cleaz width ~--~ ~~ .~ ..~ 6. Parks Brian: -Trimming/pruning work must be with city contractor, after consulting with forester. -The applicant pays for work to trees -Consult for Galena/Durant- need to consult prior to construction -Active irrigation for trees -Irrigation to be installed w/ sidewalks -Existing snowmelt will remain (replaced w/ new) -Evaluating existing trees (hazardous conditions) ~xtll8l7 ~ NEW RTORMWATER ROW LINf WITN DRAIN INLETS PROPOSED STAIRCASE PLANTER WP11 (TYPI 18.5' WIDE STAIRCASE LIMIT OF CHANGE FROM E%ISTING OEAI AVENUE PER RLN PLLDJ NEW RETAIL ENTRANCES PER NORD1 OF NELLCONCEPT (IYP) 18.5' WIDE STAIRCASE ~RTH OF NELL BUILDING °E :34.84 185' WIDE STAIRCASE 8'-0' WIDE PATHWAY (MATERIKSTBO) SIOEV/PL(WDH STNRS (ST WIDE) PROVIDINGACCE55 FROM GONDOLA PIAlAAND EA9TDEANAVENUE ~D`ea{{n Ar/venue/North of Nell Interface ®NDRTN D~sl ~^NwOTUCSHOP L.J(h~1J~t "t/ Nam S®k '~P~^•C081611 970.925.ti354 ~-°~ i.. (:AT.RNA CTRFFT ~xNIB-r MINUTES May 15, 2007 COMMENTS .............................................................................................................2 DECLARATION OF CONFLICTS OF INTEREST ................................................2 NORTH OF NELL PUD ...........................................................................................2 1 MINUTES May 15, 2007 Ruth opened the regular Planning & Zoning meeting in the Sister Cities Meeting Room. Commissioners John Rowland, David Guthrie, Dylan Johns, LJ Erspamer, and Ruth Kruger were present. Brian Speck and Steve Skadron were excused. Staff in attendance: Joyce Allgaier, Jessica Garrow, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger thanked City Council for the support of upholding the 1001 Ute decision. Kruger suggested postponing the minutes until the next meeting and breaking the minutes into 3 sets at a time. DECLARATION OF CONFLICTS OF INTEREST None stated. PUBLIC HEARING: NORTH OF NELL PUD Ruth Kruger opened the public hearing North of Nell PUD. Notice was provided. Kruger asked why this came through the P&Z and Council and not just an administrative decision. Jessica Garrow responded that a PUD was needed as well as P&Z and Council approval. Jason Lasser explained that Dean Street was being lowered with a pedestrian access plan; there was no increase to the building but the hearing officer, Tim Whitsitt, stated the grade change was from the construction on Dean Street. Staff and the hearing officer determined the construction activity of fixing the southern facade would be exempted because of the existing construction on Dean Street. Lasser distributed a new Resolution #19 with changes in the conditions; the word applicable was added to # 1; the applicant would provide graphic calculations; the installation of an elevator to comply with ADA requirements; the height of the building to be calculated; lighting plan added prior to recording the plat. This project would be a nice addition to Dean Street. Joyce Allgaier stated that the applicant's planner, Glenn Horn, presented new information, which were some architectural changes to the building, such as changes to the balcony railings, an additional cornice at the rooftop, removal of the saw tooth edge and building up of the vertical members of the outside of the building. Allgaier said that for these architectural exterior changes could be accomplished by Community Development administratively and were not subject to the moratorium and staff would like to see the entire PUD package come as one piece to P&Z. 2 MINUTES May 15, 2007 Jim True said that staff could address the architectural aspects. True stated that P&Z had the discretion to consider everything tonight, or hear only the PUD, or continue the whole hearing. Jason Lasser said that the architectural drawings did not reflect the new changes. Glenn Horn said that Randy Wedum was the architect, Joe Raczak was the manager of the North of Nell and Steve Spears was from The Residences at Little Nell. Horn noted that this project went through 3 City Planners. The North of Nell was built in 1969 and represents the architecture of that era. Horn stated that part of the PUD was to include amake-over for the building, cosmetic face-lift and submitted architectural plans. Horn said that they could present the architectural plans and staff could have time to review those plans and this could come back with answers to the questions. Joe Raczak said that they were told this could be a cosmetic improvement done administratively with Community Development and the Dean Avenue improvements made the North of Nell go through a major process. Steve Spears said that the Residences were to construct the entire Dean Avenue right-of--way from Galena to the Gondola Plaza and maintain through perpetuity. Spears said part of the approval of the Residences was to redesign and re-engineer Dean Street to make it the best street in Aspen with the richest pavers. Dean Avenue was lowered, which exposed the North of Nell blank wall. Randy Wedum utilized drawings to illustrate the architectural changes to the fapade to break up the block building with vertical columns, railings and a stone base using the red base stone. There were stairs up to Dean Street. Horn said the basic PUD was simple; there was no increase in net leaseable. Guthrie stated this retail/commercial space would not be affordable "mom and pop" space but rather high end retail. Kruger noted that the North of Nell was forced to redo the space. Guthrie said that it was definitely a terrible space prior to the remodel. Lasser stated from the hearing officer report "solely by virtue of the calculation under the code as a result in the grade change in Dean Street and despite the fact that there will be no change what so ever in the developed occupied space change within the North of Nell". 3 MINUTES Mav 15, 2007 LJ Erspamer asked where the elevator was being added. Wedum replied the lift was where Stephen Kalein was located on the west side; there were 2 steps down from Galena. Lasser explained this request for a lift came from the DRC (Development Review Committee). No public comments. Dylan Johns said that exterior renovation would enhance the area of town. Johns requested front and side elevations to illustrate the building as an element itself. John Rowland said that vitality for Dean Street would be created and the new direction for architecture was good. LJ Erspamer echoed John and Dylan's thoughts. David Guthrie said that this was an improvement. Ruth Kruger congratulated the applicant for the improvements with the number of owners to bring the project to this point. MOTION: Dylan Johns move to continue the public hearing for the North of Nell to June 5`h; seconded by,7ohn Rowland. All in favor, approved. MOTION: LJErspamer moved to adjourn the meeting; seconded by David Guthrie. All in favor, approved. Jackie Lothian, Deputy City Clerk 4 s" ., ~~ RESOLUTION N0. 19, (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON- CONFORMING DIMENSIONAL STANDARDS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-1 82-4 9 051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development (as described in attached Exhibit A); and, WHEREAS, the Community Development Deparhnent received referral comments from the Aspen Consolidated Sanitation District, Pazking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standazds, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standazds and that the approvals of the development proposal aze consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze; and, WHEREAS, the City of Aspen Planning and Zoning Comrission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3 - 2); and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 17`" DAY OF JULY 2007, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, pazcel identification of 2737-182-49051, the Aspen Planning ,.~, -~, and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: Prior to fmal approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. 2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(0). 3. Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design of all future balcony enclosures as approved by the Sagewood Condominium Association. The design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. 4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE PLANNING AND ZONING COMNIISSION OF THE CITY OF ASPEN AT ITS REGULAR MEETING ON THIS 1T~ DAY OF JULY, 2007. ~:.~ APPROVED AS TO FORM: c J Worcester, City Attorney ATTEST: 7 ckie Lothian, Deputy City Clerk ^~ PL AND ZONING COMMI IO ~an EXISTING FLOOR AREA ANALYSIS IN SQUARE FEET TOTAL FLOOR AREA Lot Area 27,886 Total Floor Area 82,306 Total F. A. R. 2.9: 1 Total Permitted F.A.R. 3:1 COMMERCIAL FLOOR AREA Lot Area 27,886 Commercial Floor Area 21,154 Commercial F.A.R. .76:1 Permitted Commercial F.A.R. 1:1 RESIDENTIAL FL OOR AREA Lot Area 27,886 Residential Floor Area 60,762 Residential F.A.R. 2.17:1 Permitted Residential F.A.R. .S: 1 6l~NK ~"'; ~ (i~R-N G~Lcs PROPOSED FLOOR AREA ANALYSES IN SQUARE FEET TOTAL FLOOR AREA Lot Area 27,886 Total Floor Area 83,739 Total F. A. R. 3: 1 Total Permitted F.A.R. 3:1 COMMERCIAL FLOOR AREA Lot Area 27,886 Commercial Floor Area 22,924 Commercial F.A.R. •82:1 Permitted Commercial F.A.R. 1. a. 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The app floor area and height fore ve S,°ons of the p tyuoftAspenh LandnUse Unit Development (PUD) p Code. The North of Nell building is located at 555A~~achmentn2 is depicted by the VicinitylM ation Summary Sheet )which indicates the the North of Nell Pre-app relevant Land Use Code Sections. The first section of this land use application summarizes the background associated with the North of Nell. The second section of the application demonstrates compliance with the Land Use Code sections identified in the North of Nell Pre-application Summary Sheet (see Attachment 2). The applicant requests a consolidated PUD review so that improvements can be made this summer to coincide with improvements to Dean Street which are belicantdrequests ane expedited landtuse Nell. Additionally, the app review, if possible, to accommodate 2007 summer construction. The construction impacts on the neighborhood can be reduced by completing the North of Nell remodel in one summer, at the same time as the Dean Street project. BACKGROUND The North of Nell is located on approximately 27,000 square feet of land and is bounded by Dean Street to the south, Galena Street to the west, Durant Avenue to the north and the Aspen Mountain Gondola Plaza (Hunter Street extended) to the east. P's thelland bs Attachment 3, the North of Nell Condominium Plat, legally described as Lots A,B,C,D,E,F,G,H and I, Block 97 of the compliancepw th thelzoning at thettime.NeSubsequ nt 1City f9 Aspen ~ ALICE DAVIS AICP S GLENN HORN AICP 21550UTHMONARCHST.•SUITE104oa~PCroOLORAD9hom@roF.nerD 925-6587•FAX:970/925-5180 Jessica Garrow & Jason Lasser January 31, 2007 Page 2 zoning changes made the building a legally created non-conforming structure. The property is located in CL zone. The North of Nell is a mixed use commercial/residential development. There are 40 residential condominium dwelling units, located on the top three floors and 12 commercial condominium units located on the ground floor. The underground garage (basement) is improved with 61 parking spaces, a shop, storage and utility rooms. Wedum and Associates P.C., the architect (architect) for the North of Nell remodel had calculated that the North of Nell is improved with approximatley 123,811 square feet of building area including the basement/parking area, covered exterior space and residential balconies (see Attachment 4). When the basement/parking area, covered exterior space and balconies are excluded, the North of Nell contains approximatley 85,049 square feet of floor area. The City of Aspen recently approved the redevelopment of Dean Street in conjunction with the Residences at Little Nell. The elevation of Dean Street will be lowered by approximatley three feet as part of the Residences at Little Nell project. Consequently, more of the south wall of the North of Nell will be exposed. The actions of the developer of the Residences of Little Nell will increase the floor area of the building. The applicant is proposing to remodel the south side of the building to provide a pedestrian link between Dean Street and the North of Nell. Attachment 5 depicts the proposed south elevations of the North of Nell and the pedestrian links to the proposed Dean Street. As calculated by the architect in Attachment 6, the proposed redevelopment of Dean Street will increase the floor area of the North of Nell by approximatley 3,590 square feet. The applicant also proposes remodeling the other building facades and roof of the building as depicted in Attachment 5. LAND USE APPROVALS Attachment 2, the Pre-application Conference Summary Sheet, indicates that the applicant must demonstrate compliance with Section 26.710.200, Commercial Lodge (CL) Zone District and Section 26.445.050, Planned Unit Development (PUD) Review Standards. This section of the land use application demonstrates compliance with the applicable standards in the identified Land Use Code sections. Section 26.710.200 Commercial Lodge (CL) Zone District Jessica Garrow & Jason Lasser January 31, 2007 Page 3 This section of the Code establishes permitted uses and dimensional requirements for the Commercial Lodge (CL) zone district. The existing uses are permitted in the CL zone. Total floor area in the zone district is limited to a floor area ratio (FAR) of 3:1. According to Attachment 4, the FAR of the existing building is 3.15:1 (85,049 sf: 27,000 sf) Alterations to Dean Street proposed by the Residences at Little Nell will increase the floor area of the Little Nell by approximately 3,590 square feet for a total floor area of 88,640 square feet. The resulting FAR will be 3.29:1 (88,640 sf:27,000 sf) This is a non-conforming FAR which will have been inadvertently increased by the neighbor of the North of Nell. Attachment 4 indicates that the first floor (arcade) includes approximately 23,495 square feet of floor area. This space is utilized for commercial uses. Section 26.710.200 D.10 a. of the Code permits a 1:1 FAR for commercial uses. The existing FAR is .87 (23,495 sf: 27,000 sf). Alterations to Dean Street by the Residences at Little Nell increase the floor area of the first floor (arcade) by 3,590 square feet. The resulting commercial use FAR will be 1:1 ([23,495 sf + 3,590 sf]:27,000 sf). Section 26.710.200 D.lO.e. of the Code limits Free-Market Multi- Family Housing to a FAR of .5:1 in the CL zone. There is approximately 61,551 sf of floor area on floors two, three and four devoted to Free-Market Multi-Family Housing. This is a FAR of 2.3:1. Improvements made by the Residences at Little Nell do not increase the Free-Market Multi-Family Housing FAR. According to the architect, the North of Nell has an existing height of 38'3". The proposed improvements to the roof of the building will increase the height of the building to 43' which exceeds the 42' height limit in the CL zone. The majority of the building has a height of 39' which is less than the CL height limitation, however there will be a sky light in the roof which will make the maximum height 43'. 26.445.050 Planned Unit Development (PUD) Review Standards This section of the application demonstrates compliance with the applicable Planned Unit Development (PUD) review standards. Most of the development standards are not applicable. A. General Requirements Jessica Garrow & Jason Lasser January 31, 2007 Page 4 1. The proposed development shall be consistent with the Aspen Area Community Plan. The North of Nell is a mixed use development located at the base of a ski area. The use is entirely consistent with the Aspen Area Community Plan (AACP). 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The PUD amendment is consistent with the mixed uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. This standard is not applicable. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. This standards is not applicable. B. Establishment of Dimensional Requirements la. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed design is the best possible design solution to conditions created. by the development of the Residences at Little Nell. lb. Natural or man-made hazards Natural and man-made hazards will not be affected. lc. Existing natural characteristics of the property and the surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Existing and natural characteristics will not be affected. ld. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, Jessica Garrow & Jason Lasser January 31, 2007 Page 5 transit, pedestrian circulation, parking and historical resources. There will not be any impact on surrounding noise, traffic, transit, pedestrian circulation, parking and historical resources. The proposed dimensional requirements permit a scale, massing, quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and the surrounding area. The applicant is not responsible for any changes to the existing dimensional requirements. Floor area is being increased due to development activities of the neighboring property. 3a. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The probable number of cars used by those using the proposed development including any non-residential land uses. There are 62 off-street parking spaces. Parking will not be affected by the PUD. 3b. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The varying time periods of use, whenever joint use of common parking is proposed. This standard is not applicable. 3c. The appropriate number of off-street parking spaces shall be established based upon ublicoll trans t nsand a other The availability of p transporation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. There is an extensive public transit program in place to serve the PUD. Pedestrian access to the PUD is excellent. 3d. The appropriate number of off-street parking spaces shall be established based upon the following considerations: The proximity of the proposed development to the commercial core and general activity centers in the City. Jessica Garrow & Jason Lasser January 31, 2007 Page 6 Adequate parking exists. Changes are not proposed. 4a. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: There is not sufficient water pressure, drainage, capabilities, or other utilities to service the proposed development. There are adequate utilities in place to serve the proposed PUD amendment. 4b. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. There are adequate roads, fire protection and snow removal to serve PUD. 5, The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. The standards in this section are not applicable to the PUD. 6a. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: the increase in density serves on or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. This standard is not applicable because no new dwelling units or commercial space is proposed. 6b. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Jessica Garrow & Jason Lasser January 31, 2007 Page 7 Specifically, the maximum density of a PUD may be increased if: The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. This standard is not applicable because no new dwelling units or commercial space is proposed. 6c. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land use and characteristics. This standard is not applicable because no new dwelling units or commercial space is proposed. C. Site Design C.1. Existing natural or man-made features or the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. There are no significant natural features on the site. The architecture of the North of Nell is an example of architecture in the late 1960's and early 1970's. The applicant proposes cosmetic enhancements to the building. C.2 Structures have been clustered to appropriately preserve significant open space and vistas. This standard is not applicable. C.3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Jessica Garrow & Jason Lasser January 31, 2007 Page 8 This standard is partially applicable. The proposed alterations to the streetscape make the best of conditions created by the Residences at Little Nell. There will be the best possible pedestrian access from Dean Street to the North of Nell. C.4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. This standard is not applicable because access is not being changed. C.5. Adequate pedestrian and handicapped access is provided. The North of Nell has pedestrian access from three sides. The proposed changes will add pedestrian and handicapped access from the fourth side. The applicant has proposed the best possible access given the fixed access points created by the City of Aspen's approval of the Residences at Little Nell's site plan. C.6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Off-site drainage patterns will not be altered as a result of the proposed improvments. C.7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. This standard is not applicable. D. Landscape Plan The standards in this section are not applicable to the PUD. E. Architectural Character The standards in this section are not applicable to the PUD. The applicant is proposing minor cosmetic changes to the architecture as depicted in Attachment 5. g, Lighting The standards in this section are not applicable to the Jessica Garrow & Jason Lasser January 31, 2007 Page 9 proposed PUD. The lighting plan for the building will not be changed. G. Common Park, Open Space or Recreation Area Common areas, open space and recreation areas will not be affected by the proposed amendment. There is not any open space on the site. H. Utilities and Public Facilities There will not be any impacts on utilities and public facilities resulting from the proposed amendment. I. Access and Circulation The purposed of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: I.1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to a public or private use. This standard is not applicable. I.2. The proposed development vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. This standard is not applicable. I.3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. This standard is not applicable. Jessica Garrow & Jason Lasser January 31, 2007 Page 10 I.4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The proposal will not affect the AACP trails plan. I.5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. This standard is not applicable. I.6. Security gates, guard posts, other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. This standard is not applicable. J. Phasing of Development Plan The purpose of this criteria is to ensure partially completed projects do no create an unnecessary burden on the public or surrounding property owners and impacts of an individual phases are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The applicant anticipates development upon approval of this applicaiton to coincide with the improvments to Dean Street being made by the Residences at Little Nell. The cosmetic changes to the North of Nell building will be made at the same time to maximize construction efficiency. SIIt~IIrfARY The North of Nell was constructed in 1969 in compliance with zoning at the time. Subsequent changes to City of Aspen zoning regulations have made the building a non-conforming structure. The existing 3.15:1 FAR exceeds the 3:1 FAR permitted in the CL zone district. This summer the Residences at Little Nell will lower the grade of Dean Street which will expose more of the south facing wall of the North of Nell. The development activity by the developers of the Jessica Garrow & Jason Lasser January 31, 2007 Page 11 Residences at Little Nell inadvertently will increase the non- conformity of the North of Nell. Approximatley 3,590 square feet of area will be included in floor area as a result of the development of the Residences at Little Nell The new FAR of the North of Nell will be 3.29:1. The applicant is seeking approval of a PUD designation so the North of Nell FAR will become conforming. It should be emphasized that the applicant is not proposing to develop any additional commercial or residential space. The Residences at Little Nell developer intends to lower the grade of Dean Street this summer. The applicant seeks a consolidated and expedited PUD review so improvements to the south side of the North of Nell can be made simultaneously with the Dean Street improvements. Additionally, the applicant proposes cosmetic changes to the North of Nell this summer. It makes sense to make all the proposed improvements to the North of Nell this summer rather than spreading the construction impacts over two summer seasons. Impacts on tourists and residents in the neighborhood can be minimized by all construction occurring in the summer of 2007. The following is a list of attachments to assist you in your review. 1. Vicinity Map 2. North of Nell Pre-application Summary Sheet 3. North of Nell Condominium Plat 4. North of Nell Building, 555 Durant Street Colorado Square Footage Analysis prepared by Wedum & Associates P.C. 5. North of Nell Architectural Plans prepared by Wedum & Associates P.C. 6. North of Nell Building -- Changes in Square Footage Calculations Due to the Lower of Dean Street and Opening up the South Side of the Building 7. January 19, 2007 Letter from Joe Raczak, North of Nell Manager, authorizing the submission of the land use application on behalf of the North of Nell owners 8. City of Aspen Land Use Application Form 9. List of property owners and addresses within 300 feet of North of Nell Jessica Garrow & Jason Lasser January 31, 2007 Page 12 10. Fee Agreement 11. January 31, 2007 letter from Tom Garritano, President of the North of Nell Condominium Association 12. Dimensional Requirements Form Thank you for your assistance in preparing this application. Please contact me if you have any questions. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP M1A#'~V~ST<„= ~S' ~. ., , Rr . :` ° •, ,T. 2 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 PROJECT: North of Nell Condominiums, REPRESENTATIVE: Glenn Horn Davis Horn, Inc. Tel: 925.6587 DATE: 1.23.2007 DESCRIPTION: The Applicant would like to establish a PUD in order to set the allowable FAR on the property. The Applicant is also intereste in making changes to the exterior of the building. The Applicant is not able to proceed with the design changes, but is permitted to submit a Land Use Application to establish allowable FAR on the property. The property is located in the CL zone district, and received an exemption from Ordinance 19, Series of 2006 to allow an increase in FAR. The exemption states "that if North of Nell is not permitted due to the application of the moratorium to make application to the City for an allowance of its increased FAR, it will suffer substantial financial hardship andsubstantial unrecoverable financial loss, the circumstances of which are unique to North of Nell:' The exemption only applies to increasing the FAR and not to any redesign of the building. An increase in the allowable FAR on the property is required because of the changes to Dean Street and the Residences at Little Nell, located across Dean Street from North of Nell. Because the elevation of Dean Street is being lowered as part of the Residences' construction, more wall area on the North of Nell Condominiums will be exposed, thus increasing the building's FAR. The Applicant proposes a PUD to establish the property's FAR. Relevant Land Use Code Section(s): 26.445.050 PUD Review Standards 26.710.140 Commercial Lodge (CL) Zone District http llwww asaenpitkin comldepts1381citvcode.cfm Review by: Minor Applications to the Planning and Zoning Commission and City Council require a deposit of $1,140 for 12 hours of staff time. Additional time is billed at a rate of $235 per hour. Major Referrals from Engineering aril Parks are also required; each is each billed at $391. Referral Agencies: None. Planning Fees: Minor. $1,410 Referral Agency Fees: $1 922ering. $391. Parks. $391. Total Deposit: To apply, submit the following information: ^ Proof of ownership with payment. ^ Signed fee agreement. ^ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ^ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attomeud cments,tl ens, ease'mentsScontrafct oanddo, listing the names of all owners of the property, and all mortgages, j g agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ^ Total deposit for review of the application. ^ 18 Copies of the complete application packet and maps. HPC =12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 ^ An 8112" by 11"vicinity map locating the parcel within the City of Aspen. ^ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ^ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ^ Copies of prior approvals. ^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ^ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ," ~. 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C r r^ \.. 1 `~ d t t 9ooz ,ustxxaoa isiB-a20-ote (YVa) TBOhS28-OLB TTOTB OQVxOT00 `NxdStl 30tl'Id 30N3UN3d30NI l0i aNarlaoxxnaa ~ axnynxiul~xv jE}aQ ape~.ty Maj\I IiaK 30 u11O11 8 ~ ~ a i ~ LVI~OSSV QNV YTIRQ~M '~'d S~ , i NOI,LdA~73 ~Qd02It~ flOIx~ZNI i i 3a ~ ~ ~ ' \` F- L // ~~ l ~~ ~~ ~~ :, ,, ~,, a \~ ~-- U J L ~- ,~ ,, - ~ \ ~~ - ~. , . ,, ,, ki `;. ' '.. \ \~ ~\ .,'an.24. ?VOi= u~.71aM r w~un iai~k;?H CF NF! L CONDO"J11N'u'J~ b )~~ OF `~~ N q~~F nND OPF.NfNG UP THF. SOt 11'Fl SIT FCOF T iF. Allt01 n(N~ TO TE1C 1WF.R OF D[:A viscd January 23.2007 he building on the south sidu 1.270 feet long. 'fhe north side of the build'utg is on grade• The dirt on ~ back wall varies as it goes from west to east but it tapers from 4' -2" above the finish floor of the lorth of Ncll Auilding to 1'-2" nbovc the Floor at the cast end. 'he calculations are as foltow~. ;70' x l00' ° 27,000 sq, tt 1U feet ~eiling height approximately 7,000 x 10 = 270.000 cubic feet on arcade level DiR to ~: removed against mouth .vall -resulting arw change 'First wedge shape 1.166' x 270' x 100' x .5 =15.741 w• ft• Second double wedge shape 20.250 cu. ft. 3'x270'x1D0'x .Sx .Ss Total voltune of room below grade ~ 35.991 cu. fc Proportion of volume chartgittg: 35,991 ! 270,000 = 13.3 °~ flax ;vea change: 27.000 sy. fr. x 13.1% _ 't ~9..u,. ~ ""-A' Fast and west sides arc still partially below grade Fast side 1.166' to 0' West side 4.166' to 0' s7a-925-a4~c.'1261 N I p. t vf~1~(hll Ianrlaiy 19, 2007 Comnnulity Development 130 S. Galena Aspen, CO 81611 ~~ Dear Community Development, The master plan of the The North of Nell Comovation of the exterior of the bu ldinoanc dedwi h the m ~opmen for its contemplated Association, for years, was to coordinate our renovation redevelopment of Dean Avenue by the Residences of Little Nell but have been st}nnied by City's decision to enact an emergency moratorium. The letter serves as authP rizatiogn for Davis Horn Inc. to represent the North of Nell m our lease ive me a call with any questions. land use applications. Sincerely, ~~~' Joe Raczak • Aspen, Colorado 81611 (970) 925.1510 (800) 481.1510 Fax (970) 925-1550 555 E. Durant Avenue ..,~ti...,ww.northofnell.com E-mail: northofnell@sopris.net .-, ATTACHMENT 2-LAND USE APPLIG3aTiON Nan•c: Location: P~rrrl ID # Name: Address: Phnnc #: Name: Address: NZ ll licatc strZt~ddbr~s, I `t Y Llock ~mbc9c, Ic ~ ; dcscri t ~ofn , ~KJ. s N,taM G ~r~ one+~.L. 5,,~,.Tc -z ~ S S zs ~~ 'TYPETI'PE ONION; (Please ~~ ~~~ J o f'Ch o f n}e-1,1 P ~~ K °12,f -l'S la tiro Rwc- ~j'" all that Conditional Use Special Review Design Review Appeal [J GMQS Allotment GMQS Exemption ESA - 6040 Greenline, Stream Mazes, Hallam Lake Bluff, Mountain View Plane Lot Split G]/ Conceptual PUD [~Finai PUD (& PUD Amendment) Conceptual SPA .Final SPA (& SPA Amendment) Subdivision Subdivision Exemption (includes condominiumlyation) Temporary Use description of existing ouuau srsr Pte: >ce~ F ro os1ed buildin s,~(u^ses, modificra fJl ~/l ~ ~~.b L1r V Conceptual Historic Devt. Final Historic Development Minor Historic Devt. Historic Demolition Historic Designation Small Lodge Conversion/ Expansion Other: ovals, etc.) ~„x,t ~ltwti V V v ~~qqZZ FEES DUE: $y-Z_ ;aya you attached the followingY ~' Application Conference Summary ~jtacjutrent #l, Signed fee Agreement Dimensional q equirements Form 6 onscs to Rcvicw Standards Response to Attachment #3, ]Response to Attachment #4, Submittal Re uirements- Includin Wntt~ sk wp h an electronic copy of all written .Il plans that arc larger than gmust be submits df as part of thn application. :xt (Microsoft Word Format) _•T•Y OF AS~y~. 130 S. GALENA STREET ~ t ,, ASPEN, COLORADO 61611 •''~ (970)920-5040 GLEN HORN DAVIS HORN INC 215 S MONARCH ST STE 104 ASPEN, CO 81611 _,: _i INVOICE 11154 Page 1 of 1 DUE DATE 113112007 ACCOUNT 00391 AMT DUE 68.16 AMOUNT PAID. MAKE CHECKS PAYABLE TO THE CITY OF ASPEN 300ft of North of Nell 3 extra label sheets labels Sales Tax - GIS taxable mailing THANK YOU FOR YOUR PROMPT PAYMENT. PLEASE RETURN ONE COPY OF THIS INVOICE WITH YOUR CHECK. TOTAL AMOUNT DUE ACCOUNT NO. 00391 CITY OF ASPEN please Remit to: 130 S. GALENA STREET ASPEN, COLORADO 81611 60.00 3.00 5.16 s6.1s .._..s.•---n ~ ~q~~ See Instruction Sheet ~ (-~ ,,,~.._~~ for Easy Peel Featurei - _„~ ' asy Peel Labels ~ sP£" , >n Ise Avery's TEMPLATE 5166°'' ' _...- `~- SCHEUERMA`rl JOANNE E S'~HAEFER KEITH E 200 LOCUST ST i;23A ANDIFER C WESTON JR & DICKSIE LEE ?Sz4i3 VIA MONTELENA PHILADELPHIA, PA 19106 10 LINDEN DR INDIAN WELLS, CA 92210 OULDER, CO 80304-0471 iCHMIDT RALPH N X36 N 7TH ST CO 81501 GRAND JUNCTION, SEGUIN JEFF W & MADALYN B PO BOX 8852 ASPEN, CO 81612 SEGUIN MARY E TRUST 4944 CASS ST #1002 SAN DIEGO, CA 92109-2041 SODERLING RONALD E TRUSTEE CIO RESCO 901 DOVE ST STE 270 NEWPORT BEACH, CA 92660-3038 SW ENERG JAMES & SANDRA L 2660 ROCK REST RD PITTSBORO, NC 27312 V M W TRUST OF 1991 301 N LAKE AVE STE 900 PASADENA, CA 91101 WALLEN-OSTERAA REV LIVING TRUST 36 OCEAN VISTA NEW PORT BEACH, CA 92660 W EIGAND FAMILY TRUST 231100 150 N MARKET WICHITA,KS 67202 CIO MOORE & VAN ALLENATHOMAS T OBANNON 100 N TRYON ST 47TH FLR CHARLOTTE, NC 28202 WHITMAN WAYNE 8 FRAN UND 112 INT PO BOX 457 CLEARWATER, FL 33757-0457 ZENSEN ROGER 313 FRANCES THVAK2 R85 W ILLIAMSBURG, SOPRIS VENTURES LLC PO BOX 572 CA 92061 PAUMA VALLEY, TERMINELLO DENNIS J & KERRY L 656 RIDGEWAY WHITE PLAINS, NY 10605-4323 VALLEY INVESTMENTS LLC 205 S MILL ST #301 A ASPEN, CO 81611 WALLING REBECCA 350 BLANCA AVE TAMPA, FL 33606 WELLS KATHERINE G 33 PORTLAND PL ST LOUIS, MO 63108 WELSCH SUSAN FLEET TRUST 10 UTE PLACE ASPEN, CO 81611 W ILSHIRE COMPANY PO BOX 828 ORINDA, CA 94563 ZODIAC PROPERTIES LTD 628 S GALENA ST ASPEN, CO 81611 STUDENT ISAAC 8 NECHAMA UND 112 INT PO BOX 457 ASPEN, CO 81612 UNCAPHER BILL PO BOX 21CA 92038 LA JOLLA, VARADY LOTHAR M & CHERYL G 5036 MAUNALANI CIR HONOLULU, HI 96816 WARNKEN MARK G 1610 JOHNSON DR STILLWATER, MN 55082 WELLS RICHARD A 8 SUSAN T PO BOX 4867 ASPEN, CO 81612 WEST ULLA CHRISTINA 3042 TOLKIEN LN LAKE OSW EGO, OR 97034 WINE RICHARD A 65 E INDIA ROW #29D BOSTON, MA 02110 .._~ _ _ ~~ ~n ??Efk1r'""s16c (~ P" a. ey,~ ;za Instruction Sheet ; ~ IA. -- ios ia,} !%eel Featurei >... ~• ~ ;rg,p~ l '~kAryPLATE 51600) ~ ~~ 1Fer >s~~er MONKARSH JERROLD D 8 JOYGt L ' TRUSTEES MOEN DONNE P & ELIZABETH A 9061 SANTA MONICA BLVD !JM AMENDED & RESTATED TRUST g CABALLEROS ~'~ CA 90274 LOS ANGELES, CA 90069 "r'"i 6 v LANE IL 60062 ROLLING HILLS. IORTHBROOK. NEUMANN MICHAEL N S N ASSOCIATES INC 7381 MOHASNIC DR MI 48301 MOODY BRETT 11051 W ADDISON ST gLOOMFIELD HILLS, 6363 WOODWAY #110 FRANKLIN PARK, IL 60131 HOUSTON, TX 77057 PETERSON CHRISTY & JAMES E PEARSON REBECCA J 867 HAVEN CREST CT NORTH NORDAN JOSH 1610 JOHNSON DR GRAND JUNCTION, CO 81506 433 PLAZA REAL STE 275 STILLWATER, MN 55082 BOCA RATON, FL 33432-3999 POINDEXTER W ILLIAM M & JANI 302 TPA ~OOOCK RD JENNIFER WESTON, FL 33331-3521 PEYTON MART 1040 AVONOAK AVE 409 E COOPER #4 STE 1 GLENDALE, CA 91206 ASPEN, CO 81611 RAHLEK LTD AT BANK OF AMERICA RED FLOWER PROP CO PTNSHP 545 MADISON AVE STE 700 R 8 R INVESTMENTS HARDING & CARBONE INC 3803 BELLAIRE BLVD NEW YORK, NY 10022 15238 OAK VALLEY RD HOUSTON, TX 77025 RAMONA, CA 92065 RESIDENCES AT LITTLE tJELL DEV LLC REICH MELVIN L TRUST 80% 2 O TMDE ~ uRNA STNC' REICH DANIEL S TRUST 20% 4609 SEASHORE DR CA 92663 RT BEACH SANTA BARBARA, CA 93105 6 RINCON ST , NEWPO IRVINE, CA 92702 ROGENESS GRAHAM A 8 RUTH ANN EDEL JOYCE L TRUST ROCKY MOUNTAIN VENTURES LLC 451 ~' "JE DE LA MAR PL 3046 COLONY DR SAN ANTONIO, TX 78230 RI PO BOX 3006 CO 81632-3006 DS LEES SUMMIT, MO 64064 , EDWAR ROSS JOHN F ROSS BARBARA REVOCABLE TRUST 7600 CLAYTON RD RONCHETTO LYNN A pO gOX 594 ST LOUIS, MO 63117 320E 42ND ST #101 HANALEI, HI 96714 NEW YORK, NY 10017 RUBENSTEIN ALAN B & CAROL S ROSS ROGER A REVOCABLE TRUST 57 OLDFIELD DR ROSS LUCIANNA G p0 BOX 770487 SHERBORN, MA 01770 33 PORTLAND PL STEAMBOAT SPRINGS, CO 80477 ST LOUIS, MO 63108 S A CO INC OAY WILLIAM A JR S 8 S REALTY PARTNERS LLC 10226 FIELDCREST DR RUBY RICHARD L TRUST 1040 FIFTH AVE #2C OMAHA. NE 66114 3000 TOW N CENTER #1730 NEVy YORK, NY 10028 SOUTHFIELD, MI 48075 Lonsultez la feuille www.averv.con _ r~ ®AVERV®516o~ See Instr.c?`~n iF.ai'.t' ~~~ ` ~ for Ens r' Neel Feature L asy Peel t abets ~"' j ~ ~ Fee~.,?aper ,~, a•;e ~"TEMNLATE: ~ I_ 1 ~~ , HENDRICKS SIDNEY J AROLD GRINSF'~~=+~i CHILDRENS HEMP SUZANNE LIV TRUST 6614DLAKEVILLOE RDDE EVERHARD AMILY TRST 15470 POMONA RD CA 84954-9256 BROOKFIELD, WI 53005 PETALUMA, 80 UNION ST VEST SPRINGFIELD, MA 01089 NOPPES DIANA 5400 VERNON AVE #106 EDINA, MN 55436 HURWIN DUFFY 8 RON REV TRUST 558 TONAYA DR TIBURON, CA 94920 JALILI MAHIR & MARGARET A PO BOX 4150 ASPEN, CO 81612 KLEIMAN SCOTT G 1216 TIMBERLAND DR MARIETTA, GA 30067 KRAJIAN RON 617 E COOPER AVE #114 ASPEN, CO 81611 LEFFERSJEFFREYJTRUSTEE GERARDOTJREVOCABLETRUST 5526 HOPKINTON DR FORT WAYNE, IN 46804 CIO STEPHEN MARCUS A LLC PO BOX 1709 ASPEN, CO 81612 MCDONALDS CORPORATION 05/152 PAUL NELSON 142 TANAGER DR GLENWOOD SPRINGS, CO 81601 MCPHETRES RICHARD M 7 YOUNG ST BARYON ACT 2600 AUSTRALIA. HUGHES CONSTANCE L 5580 LAJOLLA BLVD #511 LAJOLLA,CA 92037 HYATT GRAND ASPEN CIO VIC GIANNELLI 415 E DEAN ST ASPEN, CO 81611 K L 77 CO INVESTMENTS LP 8807 W SAM HOUSTON PKWY N #200 HOUSTON, TX 77040 KNIGHT CHARLES T & ANNE G PO BOX 50047 SANTA BARBARA, CA 93150 KUTINSKY BRIAN 7381 MOHANSIC DR BLOOMFIELD HILLS, MI 48301 MAIERSPERGER RENELL 2CHADDWYCKLN CHADDSFORD, PA 19317-9432 HUNKE CARLTON J LVG TRST 4410 TIMBERLINE DR SW FARGO,ND 58103 INDEPENDENCE PARTNERS CIO M & W PROPERTIES 205 S MILL ST #301 A ASPEN, CO 81611 KEENAN MICHAEL & NOLA 1075 DUVAL ST C-21 PMB 238 KEY WEST,FI 33040 KOEPPEL KEVIN F TRUS CIO NEW MARK S M TRUSTEE 3551 ST GAUDENS RD COCONUT GROVE, FL 33133 Ip,NDL KARL G & EDELTFZAUD I 6 W RIDGE AVE PROSPECT HEIGHTS, IL 60070 MANDELBAUM MERVYN &JEANETTE TRUSTEES 1735 S SANTA FCA 90021 LOS ANGELES, MAVROVIC ERNA MAUN MATTHEW D 8 S ELIZABETH 530E 72ND ST APT 15-C GIBBON BARRY & PATRICIA DOCHERTY NEW YORK, NY 10021 0225 CHEROKEE LN CARBONDALE,CO 81623 C/O MARY DIANE ANDERSONRSON 113 PO BOX 1959 ASPEN, CO 81612 MCKENZIE MILTON 8 ARETA 2003 REV TRUST 14860 MONTFORT #209 DALLAS, KS 75254 MCOUOW N ENTERPRISES LP 19330 CARRIGER RD SONOMA, CA 95476 MEYER BUSINESS BUILDING LLC 23655 TWO RIVERS RD BASALT, CO 61621 Gonsultezlafeuille Www.averv.com ~ ~~ F~.EJ La"'n1s . n, „ ~.., at~P; qTE 5160 ;LiFFORD MRS MARGARET 46 W iLD TIGER RD 30ULDFR, CO 80302 ' ®AVERX~-'S160'~' ~.c,. instruction Sheet ~ -,~.ti ' ~ ~ for Eas , Pcl Feature' r~• 4 j~~Fee~aper ~~,:.,~ Y"-' 1 ~., _ COASTAL MOUNTAIN INVESTMENTS CMMM INVESTMENT 5 LLC LLC JOAN 4937 NEARBY ST Y.<<~ 2519 N MCMULLEN BOOTH RD #510-307 METAIRIE,LA 70001 CLEARWATER,FL 33761 COASTAL MTN PROPERTIES LLC 2639 MC CORMICK DR CLEARWATER, FL 33759 CRAFT LESTER R JR 2026 VETERAN AVE LOS ANGELES, CA 90025-5722 DONOVAN CAROL SMITH 800 N MICHIGAN AVE #3603 CHICAGO, IL 60611 ELLERON CHEMICALS CORP 720 NORTH POST RD #230 HOUSTON, TX 77024 FEHR EDITH B REVOCABLE TRUST CIO DAIVD FEHR 717 PROMONTORY LN BASALT, CO 81621 GABERMAN RICHARD M & PAVA JEREMY TRUSTEE 380 UNION ST STE 300 WEST SPRINGFIELD, MA 01089 GILBERT GARY 1556 ROYAL BLVD GLENDALE, CA 91207 GORSUCH COOPER LLC 263 E GORE CREEK DR VAIL, CO 61657 GREGG LELAND JOHN g79 QUEEN ST ASPEN, CO 81611 CORNELISSEN TOM 4753 N SHORE DR MOUND, MN 55364-9607 DALY CAROL CENTER 155 LONE PINE RD C-11 ASPEN, CO 81611 DRUKER HENRY L 785 PARK AVE #6E NEW YORK, NY 10021 ERIKSEN STEIN FAMILY PARNERSHIP LLLP PO BOX 2729 PARK CITY, UT 84060 FLY MARIE N 7447 PEBBLE POINTE W BLOOMFIELD, MI 48322 GALENA PLAPACIF CA 1305 PLAZA SANTA BARBARA, CA 93108 GLUCK CAROLE E 176E71STST NEW YORK, NY 10021 GRAND ASPEN LODGING LLC PO BOX S ASPEN, CO 81612-7420 GUIDO SWISS INN LTD PARTNERS 23655 TWO RIVERS RD BASALT, CO 81621 COX JAMES E & NANCY 3284 SURMONT LAFAYETTE,CA 94549 DIBRELL CHARLES G JR & FRANCES 24 ADLER CIR GALVESTON, TX 77551-5828 ECCHYMOSIS LLC 4802E 2ND ST STE 2 LONG BEACH, CA 90803 ESPOSITO VINCENT A & JANET M TRUSTEES 6276 VIA CANADA RANCHO PALOS VERDES, CA 90275 GA RESORT CONDO ASSOC 1000 S MILL ST ASPEN, CO 81611-3800 GERARDOT JANE M TRUSTEE GERARDOTJREVOCABLETRUST 5526 HOPKINTON DR FORT WAYNE, IN 46804 GODBOLD EDMUND O 524 COLONY DR HARTSDALE, NY 10530 GREENWOOD KAREN DAY GREENWOOD STERLING .TAMES 409 E COOPER AVE ASPEN, CO 81611 GUILBEAU CAPITAL HOLDINGS LLC 151 CHERAMIE LN 70357 GOLDEN MEADOW. IA Consultez la feuille www.avery.com ._ :,__ , scar X5160® l ~- j ,~ avERY _ _ ~ ~ See Instruction Sheet ~ `_-,_J~ ~~ ii ~ ~ r ~~ for Easy Peel Feature ~ Y isy Peel Labels ~ ~See^ 'P' ;e Avery"' TEMP;P Ci- `-'•~'~ '- - A„R!JSA LISR ANN ~~~ t, 425 W 23RD ST #15-E 0 SOUTH GALENA ST INVEST-' " ADAM P T NSW YORK, NY 10011 O AEROLEASE INC ATTN AR' POPENX CO 81612 EISEN 303 BLUE LAGOON DR #380 IIAMI, FL 33126 AREP ASPEN SQUARE 406 LLC ANDERSON ROBERT M & LOUISE E PO BOX 1546 1021 23RD ST ASPEN, CO 81612 AJAX MOUNTAIN ASSOCIATES LLC CHETEK, W 154728 i20 E DURANT ST #207 ASPEN, CO 81611 ASPEN GALENA LLC ASPEN GROVE ASSOCIATES LLP CIO MICHAEL BROWN 205 S MILL ST STE 301A ASPEN B COMMERCIAL PROPERTIES 400 W ONTARIO #1103 ASPEN, CO 81611-2948 EMMY LOU BRANDY CIO CHICAGO, IL 60610 1400 E VALLEY RD 101 BASALT, CO 81621 ASPEN SKIING COMPANY LLC ASPEN RETREAT LLC pp BOX 1248 6536 E GAINSBOROUGH ASPEN, CO 81612 ASPEN KOEPPEL LLC SCOTTSDALE, AZ 85251 3551 ST GARDENS RD COCONUT GROVE, FL 33133 BAISCH BARBARA D ASPEN SOUARE VENTURES LLP ASPEN VALLEY LAND TRUST PO BOX 940 pp BOX 2127 LA JOLLA, CA 92038 CIO M 8 W PROPERTIES 05 S MILL ST STE 301A ASPEN, CO 81612 2 ASPEN, CO 81611 LENA ANDERSON 113 BARBATA LAURA ANDERSON 113 C/O JUDY NORMAN BARGE RENE 408 31ST ST NEWPORT BEACH, CA 92663 BARBATA E C/O CHARLES SKIPSEY 2040 FRANKLIN ST #507 NSISCO, CA 94109 FRp PO BOX 2045 RANCHO SANTE FE, CA 92067 , SAN T BLACK HAW K ASPEN LLC ROECLIFFE COTTAGE JOE MOORES L~ S LEICESTERSHIRE BECKER ERNEST & KATHLEEN TRUST 100 BERSCH TRUS 9642 YOAKUM DR CA 90210 LY HILLS WOODHOUSE EAVE 50 S JONES BLVD # , BEVER ENGLAND, LAS VEGAS, NV 89107 BROW N GORDON H 8 ANN BRADLEY MARK A 860 SODA CREEK RD CO 80439-9648 EEN BONCZEK ROBERT R 4 p0 BOX 1938 CO 81621 BASALT , EVERGR p0 BOX 385 CHAPEL HILL, NC 27515-3854 , CAVES KAREN WHEELER CARAS STACY JOAN 6 1 BARRENGER CT CA 92660 NEWPORT BEACH, CALGI RAYMOND D 4 TEWKESBURY RD PO BOX 26 CA 90274 pALOS VERDES ESTATES, 13 SCARSDALE, NY 10583 CITY OF ASPEN CHERAMIE CAPITAL HOLDINGS LLC CHISHOLM REVOCABLE TRUST 3725 N GRANDVIEW DR 130 S GALENA ST ASPEN, CO 81611 21122 FLAGSTAFF, AZ 86004-1603 143 CHERAMIE LN 70357 LDEN MEADOW. LA .-~••~~-•-••--'"""- GO -. o ._. .,. }1'; :. __ CITY OF ASPEN COMMUNITY DEVELOPMENT DE"ARTMENT Aar meet [or Payment of City of AaPen evg~Q ?mast Aool~ P~~s CITY 01' nSPEN (hereinafter C1TY) and NOIf'~~ Of ~ 0' •' eo ~ ~~'t^ t ^ - w land (hereinafer APPLICANT) AGREE AS FOLLOWS: I, APPLICANT has wbmitted to CITY an applicaricm 1 rr ~ ~ p ~~ pprstJt (hereiral tu, THE PROJECT). J 1, APPLICANT understartdar and and the p Yro ntf ~f 0 pr oessmg fees i a condition pfaedrnt establish s a fee strvettue for Land Uw app to a doe urination of application completeness. 3. APPLICANT end CfTY agree that because of the si x, nature or scope of the proposed project, it is nor p asaible 8t this time to ascerwn the full extent of the tic aW involved in processing the application. ApPLIC ANT and CTI'Y furdrer agree that it is in the inetrest of the p tries that APPLICANT make payment of an initial deposit and to thereafter pumit additional coats w be bi led to APPLICANT on a monthly buia. APPLIC ~N? agreo additional costs may accrue following their he ui, gs and/or approvals. APPLICANT agrees he will be ',enefilcd by retaining greater tub liquidity sad will rrtakz : dditinnal payrnenta upon notification by the ~.n, w, ~~ icy are n~,a,y as rASp arc incurted. CTI'Y agrees ie ~ viii be benefiead through the greater certainty of recov aiag its ILII cons to proew APPLICANT' S appli<adon. 4, CITY artd APPLICANT funhu ogre that it is impracticable for CITY staff to complete proceeai rg or present snfficimt information to the Planning Commissi ,n and/or City Council to enable the Planning Commis,ion and/or City Couoeil to make legally requited findings fo project consideration, unkss curreur billings are paid in full poor to dxiaion. g, 'Therefore, APPLICANT ag(Ce3 that in conaiderrtio t of the CITY'9 waiver of its right to colltct full fees prior to a determination of application completeneu, API LICANT shall pay an initial deposit in the amount >f I l ~1't-2 _ which Is for ~L~7r hours of Comn unity pevelopmcnt staff tune. and if actual recorder costa exceed the initial deposit, APPLICANT shall pay add tional monthly billings to CTTY to reimburse the ClT' for the processing of the application ttuntioned above, inelu ling post approval review at a rete of 5220.00 per plan ter hour over dte inhial deposit. Such periodic payments sh: II be mawda for sus 0 roion of~roceasing, and APPWC ANT hather agrees that failtae to pay such accrued costs shat be gro Pe P in no ca a: will building perrtnts be issued until all eons aaaociated wid .cane Processing have been paid. C1TY (~F ASPEN APP4] =ANT fpc CZ.,«-y-.1'~ sy:_ Cltrls Bandon C. immunity Development Director ey:,_ Q Datu: 1 ~' O Mailio I Address: t0. r "'~ s1 . La D , ~D« g;4upp ort\forms4grpayas.doe 1!10!01 ni-, ~, ~r. ~i ~i.n ei n~~,nnein~ i~~u in ~i:~anei ~,u ~r,i ~7~ inr,7 ~~ ~.ixr r otiatio7 WED la:2J,ppna ~r ntLL ~unuumtnum Jan. 31. 20f7 11:11AM NUil~,s 11~orth ae f 1~e.1.1 Tantlary 31, 2007 Cin of ?seen Cor imvvrity Development 130 S. Galena Asl etr, CO 81611 ,-•.. UU. VYI I foot ~ t1 De<r Cowmunity Development, The 13oard of Managers has surveyed all the condotnit aum owners of tkte North of Nell reg. trding the contemplated oxtorior renovation ~ ~ smetic changes iO the buildtng, vote of csp >cially the redevelopment o£the Deea Avcnue acc ss• BY'~e overwhelming the owners and [he governing documents,l 6rtr author aed to submit tha land use app licztion for the contempletcd renovation. Sin:erely, /~ _ /!/6' " _ Toy n Garritano Presrdent 555 E. Dur amt Avwane A.speo, Colorado 81611 (9'10) 92''1510 (800) 481.1510 Fan (9'10) 925-1550 Web: www.northofnell.eom E•awU moxthotheA~soptie.net ~ ~~~~ .~N ~iV~NI'uV00NC~ 11?N ~0 H180N WdOI ~~ LOOb 'l~ ~°ti" .-, ~... 2006 RENOVATION PROXY' December 2006 RESIDENTIAL OWNER VOTE OWNER 2A Bill Goodwin 28 Pam Braden 2G Barbara Koval 2D Tom Gussel 2E Goobac/Bacsanyi 2F Everett Bickers 2G Hubert Burgess 2H Richard Bourguard 21 Gene Shapiro 2J Paulus/Anderson 2K Hugh Baker 2L Jim Frazier 2M Donn Resnick 2N Bill Goodwin gA Irvin Naylor 3B Mark 8 Lisa Miller 3C Dean Bastil 3D Grosse, Ed 3E Gene Shapiro 3F Quentin Durward 3G Quentin Durward 3H David Kirschenbaum 31 Richard Carella 3J Peter Hershorn 3K Daniel Zeff 3L Mary Salton 3M Richard Sloane 3N Tom Garritano qA Nancy Drake qg Tlehen/McDonald qp Roberf Zeff qp Joan Farver 4E RichardOwen 4F Mike Sequin qG Shirley Puchy 4H Barbara Hyman ql Joan Farver 4J Lenny Wein9lass GK Daniel Zeff qL Ed Grosse 4M John Cooper qN John Cooper TOTAL OWNER GRENKO DALY, JACKIE DALY, TOM NONGA CARSON COLONY WOODS SHERWIN TOTALS CUM % BY PROXY OF BLDG 82% 5 1 94% 1.94% . 97 % 5 1.99% 1.99°/ . 02°0 5 1.94 194% . 492°/ 1,64% 154% 1,94% 1 94 % 5.0 1 99 % 5.97 1.94 % 5.82 1.89% 557 1 94 % 5.02 1.09% 567°~ 1.54% 4 62 189% 567% 194% 582% 1.89 % 5.67 % 1.99 % 5.97 2 04 % 6.12% 1.99 % 5.97 1.69 % 5.07 1 99% 5 97 % 2.04% 6.12% 1 99% 5 97 194°~ 5 82 1.99 % 5.97 1.94% 5.82% 59 % 1 4.77 . 1 94 % 5.82 1 99% 597 % 194% 5.02% 2.04% 6.12 % 209% 6.27% 204% 6.12% 1 74 % 5.22 2.04% 6.12 % 209% 6.27% 2 04 % 6.12 199% 597 % 2.04 % 6.12 199% 597% 1.64% 4.92% 199% 5.97 % 204% 6.12%a 1.99°/ 2 597°~ 81.18% COMMERCIAL OWNCRMOT ES OF BLOC 1.94% 1.89° 1,94% 1.89% IN PERSON 1.89 1 94 1 89 % 204% 1 99 1 69°/ 199% 2 04% 1.99°% 1 94% 199% 1.59 1.99% 194% 204% 209% 2.04 1.74% 2.04% 2.09% 2.04 --, 204% 199% 1 64 % 1.99 2.04 1.99% 0.00% 67'65% 67.85% BY PROXY IN PERSON 431% 12.93 % 4 31 Z00% 200% 600% 2277% 7.59% 7.59% 55% 2 0.75% 075% . 65 4 1,55% 1.55 % . 57% 3 1.19% 1 19% . 092% 276% 51% 0 0.51 % 1.53 . 1790% 0.00% 18.02% 85.75% 0.00% 1790% 85.75% CUMULATIVE VOTE .-, Preliminary Renovation Assessment OF $200,000.00 °/ ASSESSMENT UNIT OWNER , 2A GOODWIN 0.0194 $ 3,860.00 2g BRADEN 0.0199 $ 3,980.00 2C KOVAL 0.0194 $ 3,880.00 2p GUSSEL 0.0164 $ 3,280.00 2E COOBAC/BACSANYI 0.0194 $ 3,880.00 2F BICKERS 0.0199 $ 3,980.00 2G BURGESS 0.0194 $ $ 3,880.00 760.00 3 2H O'SHAUGHNESSY 0.0189 $ , 880.00 3 21 SHAPIRO 0.0194 $ , 780.00 3 2J ANDERSON/PAULUS 0.0189 $ , 080.00 3 2K BAKER/MAYO 0.0154 $ , 780.00 3 2L FRAZIER 0.0169 $ , 880.00 3 2M RESNICK 0.0194 $ , 780.00 3 2N GOODWIN 0.0189 $ , 980.00 3 3A NAYLOR 0.0199 4 $ , 080.00 4 38 MILLER 0.020 $ , 980.00 3 3C BASTIL 0.0199 $ , 380.00 3 3D GROSSE 0.0169 $ , 980.00 3 3E SHAPIRO 0.0199 $ , 080.00 4 3F DURWARD 0.0204 $ , 00 980 3 3G DURWARD 0.0199 . $ . , 00 880 3 3H KIRSCHENBAUM 0.0194 . , 31 CARELLA 0.0199 $ 3,980.00 3J HERSHORN 0.0194 $ 3,880.00 3K ZEFF 0.0159 $ 3,180.00 3L SALTON 0.0194 $ 3,880.00 3M SLOANE 0.0199 $ 3,980.00 3N GARRITANO 0.0194 $ 3,880.00 4A DRAKE 0.0204 $ 4,080.00 qg TIETJEN,MCDONALD 0.0209 $ 4,180.00 4C ZEFF 0.0204 $ $ 4,080.00 00 480 3 4D EARNER 0.0174 . , 4E OWEN 0.0204 $ 4,080.00 4F SEQUIN 0.0209 $ 4,180.00 4G PUCHY 0.0204 $ 4,080.00 4H HYMAN 0.0199 $ 3,980.00 ql EARNER 0.0204 $ 4,080.00 4J WEINGLASS 0.0199 $ 3,980.00 4K ZEFF 0.0164 $ 3,280.00 4L GROSSE 0.0199 $ 3,980.00 4N COOPER 0.0403 $ 8,060.00 COM.1 GRENKO 0.0431 $ 8,620.00 DALY CONSTR. 0.0759 $ 15,180.00 DALY, J. 0.02 $ 4,000.00 COM.2 NNOFF 0.0075 $ 1,500.00 COM.2 CARSON 0.0155 $ 3,100.00 COMA COLONY 0.0119 $ 2,380.00 COM.5 WOODS 0.0092. $ 1,840.00 COM.S SHERWIN 0.0051 $ 1,020.00 TOTAL 100% $ 200,000.00 ...~ ~. ~.. ,,. IZ- hTTF+CI-iMENT 3 DIMENSIONAL REQUIREMENTS FORM ~ F N~cl ~~o Project: V o 'r~ Applicant: /T 1, Nell Location: 55 5 G .~.r-.nr Zone District: C L Lot Size: '~-'~ ~'~O Lot Area: ~ r (for the purposes of calculating Floor Area, Lot Area may ere ucc within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Arca in thq~ipal Code.) O Commercial net leasable: Existing:~_Proposed: ~3 S3 Number of residential units: Existing: Na Proposed: '" r~ Number of bedrooms: Existing:-ProPased: ~'~ Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site pazking: Site coverage: Open Space: Front Setback: Reaz Setback: Combined F/R: b k• (~ t-{ O Allowable: 7", t~O° Proposed: gg r Existing: Existin ~~t~trAllowable: y''! Proposed: ~"I-St g' ~- N Ar• N ~' Allowable: PL ~' Proposed: Exisiing:_~ _ „~ ~„ nxuu„s. - - Existin I 0 Required: N ~ g: ~- 1 t70 Proposed: Existin g: ~ ~ Required:_~ - Proposed: ~ Exisrin 8~ ~- Required: fl ..T _Proposed: ~ Existing: O ~ Required: - -Proposed: ~ Required: -Proposed: ~ Existin g~ Existin g~ ~ Required: O Proposed: ~ Stde Set ac ~- O pro osed: ~ Side Setback: Existing:__~Required: P Combined Sides: Existing:-Required:-Proposed: b~~ J~ ~If~ Required: NPr Proposed: IY ~ Distance Between Existing Buildings ~~vor ~!'~.1 t ~.n r1'c:n Existing non-conformities or encroachments: r r;-r ln.-r- Variations requested: THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0008.2007.ASLU 2737 182 49051 555 E. DURANT 2 OF 2 FILES CONCEPT /FINAL PUD GLEN HORN 7/12/07 CLOSED BY Angela Scorey on 04/30/2009 '^ . ...- ..._...__t_ ................ -26 .. ......_.- __.._.._._ Feimil Type 3asiu ;Aspen Lard Usa 0-0 _. ._ ......___ _ .__. PeimAq 0048.2007.ASLU _.. .._. 3 .________.'._ - __.------------ Address 55 E DIYtANT AE $ _ j ApVSu _..... .._.._ 2� § 0 Cs'Y 1ASPEN —�— hale co 7p 81611 -t8% Permit Infmmatipn Master Pcnnt, � 8JU9n9 Dueue a;bD6 AGpdied 02102 {2007 l z_ Project .. tatus .pending Approved I Descrption IEDNCERTUAL PUD, FINAL PUD Issued j Foal J SLbmitted FGLENHORN 925.6587 Clock Rurrpg Days Emmes Fi2812668 ;1 LastName INORTHOF WLL j FoilNamer 555E DURANT 1 �ASPEN CO 61611 l I Phone . I �y O.e s Appicam? j Last Nave ,NORTH�NELI � Fmt Name 555E DUR4NT • ....._.._ .._.. .. ._,. ----------- , ;ASPEN C081611 Phew'. Cust U .27472 Lender Last Name I FFs1 Name':, Phare __,. ....__ t the poject name _... Asper6old(b) ', Record .1 otI I ji Ah TO: Jason Few Randy Wedum Cr. Daix 5/30/2007 Re: North of Nell — face lift I came by yesterday but the office was closed. 1 am sorry for not getting it to you yesterday or before. Role 1 is the design development drawings. If there are sheets in there you want from the WD's let me know. Role 2 is the area calculations and the plans shown with hatch as to how the areas were calculated. I talked to Tod about want is in and out Role 3 is the WD sheets that you requested. Let me know which ones if not all you want shot down to 11 x17 and I will do that today with as many copies as you want for your packets. The survey is in the area role. Randy • Page 1 WC o111 uTs5P Fx 970.29 8454 HEM: wedC m @sopns net816H May 25, 2007 NORTH OF NELL, FLOOR AREA CALCULATIONS — COMPARISON BEFORE & AFTER DEAN riTREET IS LOWERED AND WALKWAY IS ADDED TO THE NORTH OF NELL BUILDING ON SOUTH SIDE DEAN STREET AT REVISED BY THE RESIDENCES AT THE NELL EAST END ELEVATION 7936.19 FEET WEST END ELEVATION 7938.93 FEET ELEVATION OF NORTH OF NELL AT NEW WALKWAY 7934.82 FEET ELEVATION OF NORTH OF NELL AT SOUTH WALKWAY 7934.82 FEET AREA BELOW GRO1 ND — EXISTING AT DEAN STREET LOWERING SOUTH SIDE ; 37' X 270.87' = 371.09 SQ. ST. ,)74'X 270.87'X 5 = 371 09 SO FT 742.18 SQ. FT. WEST SIDE LOUTH ELEV. 7938.93 - NORTH ELEV 7934.82 3)9'X 100'X.5 = 199.5 SQ. FT, EAST SIDE SOUTH ELEV. 7936.19 — NORTH ELEV. 7934.82 L-7 X 100'X.5 = 68.5 SQ. FT TOTAL AREA BELOW`'�DE 1010.18 SQ. FT, TOTAL AREA OF WAL S ARCADE LEVEL FLOOR 270.87' + 270.87' + 100' 100'= 741.74 LINEAL FEET X 10' HIGH= 7417.4 SQ. FT. PERCENTAGE OF WAL:S BELOW GROUND ALL SIDES 1010.18/7417.4 =13.6% AREA OF ARCADE LE�L - GROSS 24,404 SQ. FT. ARCADE LEVEL BELCH GRADE REDUCTION = 24,404 X. 136 = 3318.9 SQ. FT. ARCADE LEVEL NET.A.R. 24,404 — 3319 = 21.085 SO. FT. Page 2 — North of Nell Area EXISTING BUILDING SQUARE FOOTAGE ARCADE LEVEL 21,085 SQ. FT. 2ND LEVEL 20,254 SQ. FT. 3RD LEVEL 20,254 SQ. FT. 4T" LEVEL 20,254 SO. FT. TOTAL EXISTING BUILDING 81,847 SO. FT. AREA OF LAND 27,886 SQ. FT. ALLOWED ZONING 3 TO 1 RATIO -- 27,886 X 3 = 83,658. SQ. FT. ADDING WALKWAY AT LOWERED DEAN STREET 742.18 / 7417.4 = 10% SOUTH SIDE ONLY EFFECTED F.A.R. INCREACE FOR BELOW GRADE SPACE REMOVED BY WALKWAY AT SOUTH ONLY 10% X 24,404 = TOTAL EXISITNG BUILDING AFTER GRADE CHANGE 81,847 + 2440.4 = .298 % CHANGE TO TOTAL BUILDING AREA 3.02 TO I RATIO NEW F.A.R. FOR EXISTING BUILDING DECKS ALLOWED 83,658 X 15% 12,548.7 SQ. FT. EXISTING DECKS Lmia Arcade level 400.00 2N FLOOR 2,695.20 3RD FLOOR 2,572.60 4T" FLOOR 2.572.60 TOTAL EXISTING DECKS 8,240.4 SQ. FT. 2,440.4 SO. FT. 84.287.4 SQ. FT. Davis Horn- PLANNING & REAL ESTATE CONSULTING March 13, 2007 Jason Lasser City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: North of Nell Condominiums Planned Unit Development Dear Jason: The North of Nell Condominiums is represented by Davis Horn Incorporated in the captioned land use application. You will recall, last week we discussed the proposed sky light to be developed in the North of Nell Condominiums (see Elevations). As noted on page 3 of the land use application, according to the project architect, the existing height of the building is 38' 3 ". The majority of the building will be approximately 39' high. The Elevations in the land use applications depict a sky light. The installation of the sky light will increase the propose height above the 42' height limit in the CL zone. By way of this letter, the applicant amends the land use application to eliminate the sky light. Please contact me if you have any questions pertaining to this amendment to the application. Thanks. Sincerely, DA I ORN INCORPORATED GlLE O AICP cc: Joe Raczak, North of Nell ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 •970/925 -6587 • FAX: 970/925 -5180 adwis @rof.net ghorn @mbet Randy Wedum From: glenn horn [ghorn@rotnet] Sent: Friday, June 08, 2007 11:54 AM To: wedum @sopris.net Subject: FW: North of Nell Page 1 of 1 From: Jason Lasser [mailto:jasonl @ci.aspen.co.us] Sent: Friday, June 08, 2007 9 :08 AM To: glenn horn Subject: RE: North of Nell Glenn, ph i_ /l iiJr ✓i NI / A few things - Randy's building height line at 42' is always shown horizontal, even on the East and west elevations where the grade is sloping. I'm concerned about the height — matching/drawing the topography as It relates to the building needs to be reexamined. I'd like to provide the P +Z members with some additional sheets from Randy's full set (that were not included in the most recent delivery) Sheets: A-3.2 `A -3.6 A -0.4 A4.6 * A5.1 A -5.6 A -5.6 --A-5.11 A- 5.13— /[o�J•Z In addition, I'm also waiting for the rendering. (per Dylan's request) Thanks, J Jason Lasser City of Aspen I Planner Community Development Department 130 S. Galena St. I Aspen, CO 81611 970.429.2763 ( www.aspenpitkin.com From: glenn horn [mailto:ghom @rof.net] Sent: Friday, June 08, 2007 8:49 AM To: Jason Lasser Subject: North of Nell Jason: Do you need any more materials? Randy said he is working on a color copy of the elevations. Glenn. 6/8/2007 MEMORANDUM TO: The Aspen Planning & Zoning Comm? issssi,(o'n,, THRU: Joyce Allgaier, Deputy Director FROM: Jason Lasser, City Planner J L RE: NORTH OF NELL CONDOMINIUMS, PUBLIC HEARING; PLANNED UNIT DEVELOPMENT (PUD); RESOLUTION NO. ]_I_, SERIES 2007 DATE: July 17, 2007 PROJECT: NORTH OF NELL CONDOMINIUMS REQUEST SUMMARY: PUD OVERLAY TO ESTABLISH THE NON - CONFORMING FLOOR AREA. APPLICANT: North of Nell Condominium Association LOCATION: 555 East Durant Street STAFF RECOMMENDATION: APPROVAL OF THE PLANNED UNIT DEVELOPMENT (PUD), WITH CONDITIONS REQUEST SUMMARY: The North of Nell Condominium Association, represented by its Manager, Joe Raczak, has submitted this land use application requesting the following: 1.) PUD overlay of the property to establish the dimensional standards for the structure as conforming; and 2.) PUD to approve the increased calculated floor area of the structure by 3,591 square feet due to exposure of an existing wall from the lowering of Dean Street; and The North of Nell Condominiums was built in 1969 in compliance with the standards in effect at the time. According to the Section 26.312.020 and 26.312.030 of the Code, non- conforming uses and structures may continue to operate as they are, but only normal maintenance procedures can be conducted and no extensions or expansions are allowed. The North of Nell Condominiums will be affected by the new development of the Residences at Little Nell on Dean Street. The lowering of the street will expose additional existing building wall of the North of Nell which will increase the calculated floor area. In order to help rectify the situation, the applicant proposes a PUD overlay to establish the existing non - conforming dimensional standards as legal for this property. REVIEW PROCESS: The applicant requests the following land use approvals for the project described above: 1) Planned Unit Development (PUD); According to Section 26.445.040 of the Land Use Code, establishment of dimensional requirements and density may be approved with the adoption of a Final PUD development plan. In this case, the applicant proposes a PUD to establish the existing floor area; Final Review Authority: City Council BACKGROUND/EXISTING CONDITIONS: The North of Nell Condominiums were constructed in 1969, in compliance at the time. The North of Nell is a mixed use commercial /residential development with 40 residential and 12 commercial units. There is existing underground parking with 61 spaces. A shop, storage and utility rooms are also located in the basement. The building is located in the Commercial Lodge (CL) zone district. Total floor area in the zone district is limited to a floor area ratio (FAR) of 3:1. According to attachment 4 of the application, the FAR of the existing building is 3.15:1 (85,049 sf: 27,000sf). Due to the lowering of Dean Street the total floor area of the existing building will be increased approximately 3,591 sq It which increases the total to 88,640 square feet. The new FAR will be 3.29:1 (88,640: 27,000 sq ft). On October 2, 2006, Hearing Officer Timothy E. Whitsitt noted that the improvements and construction activity on Dean Street should coincide with the neighboring development to prevent prolonging the disruption of vehicular and pedestrian use. However, "it may not obtain a building permit for this construction without addressing the calculated increase in it's nonconforming FAR and obtaining an approval for that increase from the City ". This is why this application for an increase in FAR is exempt from the moratorium. PREVIOUS ACTIONS: There have not been any previous actions related to this development application. STAFF COMMENTS: PLANNED UNIT DEVELOPMENT: Staff finds that the proposed PUD Complies with the applicable criteria (see Exhibit A for full Staff Findings). The following are the dimensional standards for floor area that the applicant is requesting to establish as part of the PUD and staff response. FLOOR AREA: This PUD would establish the allowable FAR as 3.29:1 (88,640: 27,000 sq ft) HEIGHT: The actual physical building height is not proposed to change. Because the grade will drop along the Dean Street elevation and how the City measures height, in practice the height is taller based on the calculations. OFF - STREET PARKING: No changes are proposed or warranted. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 21, 2007. No major issues were raised at the meeting. Concerns were raised about the timeline and phasing in regards to construction on Dean Street. In addition to the newly created handicap ramp on the south east corner, compliance is required for improved access on the West edge of the development. This is addressed as a condition of approval. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Planned Unit Development. RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2007, for a Planned Unit Development the North of Nell Condominiums." CONDITIONS: 1. A PUD Agreement and PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. Prior to final recordation of the PUD plans, the applicant will provide actual floor area and ratio as calculated according to the Aspen Land Use Code, and shown on the PUD plans. 3. The applicant shall install a handicap elevator at the West fagade entrance per ADA requirements. 4. Verify overall building height and setback based on the new Dean Street elevation at the southern fagade and show on the PUD plans. ATTACHMENTS: Exhibit A: Planned Unit Development (PUD) — Staff Findings Exhibit B: Determination of Administrative Hearing Officer Exhibit C: DRC minutes /notes Exhibit D: Application Exhibit E: Dean (Ave.) Street improvement plans Exhibit F: May 15, 2007 P +Z Minutes RESOLUTION N0. a (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON- CONFORMING DIMENSIONAL STANDARDS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-49051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development (as described in attached Exhibit A); and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, Parking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of _to _ (_ - _); and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 15th DAY OF MAY 2007, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, parcel identification of 2737 - 182 - 49051, the Aspen Planning and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: 1. Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. 2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 3. Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design of all future balcony enclosures as approved by the Sagewood Condominium Association. The design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. 4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN AT ITS REGULAR MEETING ON THIS 17TH DAY OF JULY, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: John Worcester, City Attorney ATTEST: Jackie Lothian, Deputy City Clerk P41ew 1#4pN ,Chair S EXHIBIT A PLANNED UNIT DEVELOPMENT PLANNED UNIT DEVELOPMENT. A development application for PUD shall comply with the following standards and requirements (staff findings follow each requirement): A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: I DOES IT COMPLY? I YES The proposed development is consistent with all applicable elements of the AACP, specifically with regard to community character. The AACP emphasizes the need to "create spaces" and to "encourage a diverse retail environment'. The PUD will legalize the existing dimensional requirements which will be affected by the lowering of Dean Street. The excavation will expose additional existing wall area which affects the calculation of floor area. The newly exposed wall will serve as a new pedestrian retail fagade that connects to the Gondola plaza. Staff finds this to be consistent with the AACP. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: I DOES IT COMPLY? YES The character of the existing land uses in the area is characterized with a variety of uses - residential, commercial, lodge and office. The proposed PUD is consistent with this character of mixed land uses. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES This proposal should not have an adverse impact on the future development of the surrounding area. The newly created pedestrian street is consistent with the present and future uses for the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: DOES IT COMPLY? I YES The expansion of overall floor area is exempt from GMQS, in accordance with Section 26.470.070.A.7. of the Code. The proposal will not increase net leasable square footage or the number of lodge units. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: DOES IT COMPLY? YES The structure has existed in this location for almost forty years and is located in an area of mixed uses. Pedestrian circulation will be improved by this development. The newly created retail on the south side of the existing building will be compatible with the surrounding land uses and natural and man-made characteristics with the proposed PUD. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES The proposed dimensional requirements seek to establish the existing dimensions as the legal standards for the property for an increase in floor area due to development activities of the neighboring property. The establishment of the PUD is to allow for a nonconformity created by the lowering of Dean Street. 3. The appropriate number of off - street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non - residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. �a c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: I DOES IT COMPLY? I YES The existing number of off - street parking spaces will not be affected by this development. The existing pedestrian access, proximity to the bus station and proximity to the city center are consistent provide adequate alternatives for the development. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? YES According to the review by the Development Review Committee, there exists adequate infrastructure capabilities to the structure. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: I DOES IT COMPLY? YES There are no natural hazards or critical site features impacted with the proposal. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns 4./ and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. STAFF FINDING: DOES IT COMPLY? 1 NOT APPLICABLE The density is not proposed to be increased. This standard is not applicable because no new dwelling units or commercial space are proposed. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man -made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. STAFF FINDING' DOES IT COMPLY? YES No changes are proposed which would impact any natural or man-made features. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. STAFF FINDING' I DOES IT COMPLY? I YES There is only one structure on the site so clustering has already been achieved. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. STAFF FINDING' I DOES IT COMPLY? I YES The structure is oriented parallel to the public street. The proposal will increase pedestrian movement and provide improved visual interest on the Dean Street elevation. y 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. STAFF FINDING: I DOES IT COMPLY? I YES Fire and emergency service vehicle access is adequate to serve their needs. 5. Adequate pedestrian and handicapped access is provided. STAFF FINDING: I DOES IT COMPLY? I YEs/NO There are sidewalks along the south, east and west sides of the property providing adequate pedestrian access, but there is a lack of handicap access on the South or West elevations. The structure was approved and constructed at a time when handicap access was not a requirement. To make the newly created retail on the Southwest corner handicap accessible an elevator would be required at the interior lobby of the West 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. STAFF FINDING: DOES IT COMPLY? I YES Site drainage appears to be accommodated properly and does not negatively impact surrounding properties. 7. For non - residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: I DOES IT COMPLY? I YES The neighboring development is responsible for the landscaping associated with the lowering of Dean Street. The proposed development will provide adequate landscaping. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less- intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: I DOES IT COMPLY? I YES The addition of retail to Dean Street will enhance the character on the ground floor and provide pedestrian interest for the adjacent public spaces. Although the design of the building is outdated, there are many condominium and lodge structures of the same era in Aspen that all contribute to the local architectural character and are appropriate for the environment in which they are located. If the PUD application is approved, then the Association will undertake fagade upgrades. The Association has already applied for such improvements, but these cannot be handled at this time due to the moratorium (see Exhibit B). Section 26.412.030 Applicability, which applies to all commercial, lodging, and mixed use development with a commercial component, states that development which impacts the exterior of the building is subject to the Commercial Design Standards. Future exterior design changes will be subject to the Design Standards in place at the time of that application. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up- lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: I DOES IT COMPLY? I YES Staff has not yet reviewed the outdoor lighting for the building. Consequently, a condition of approval has been added requiring inspection of the lighting prior to sign off on any building permit and the bringing of any non - compliant lighting into G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: I DOES IT COMPLY? I YES Dean Street improvements will affect the building to enhance the character for the mutual benefit of the various land uses and property users of the PUD. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. 4- STAFF FINDING: DOES IT COMPLY? I YES This development does not propose additional impacts to the City's infrastructure capabilities. I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. STAFF FINDING: DOES IT COMPLY? YES The structure has direct access from a public streets. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: DOES IT COMPLY? I YES No additional traffic congestion is created by this development. J. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: I. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: I DOES IT COMPLY? YES The establishment of the floor area will coincide with the lowering of Dean Street. CITY OF ASPEN, STATE OF COLORADO Administrative Appeal Hearing APPEAL PURSUANT TO ORDINANCE No. 19, SERIES OF 2006 In the Matter of the Appeal of ) NORTH OF NELL CONDOMINIUM ) ASSOCIATION ) And ) THE CITY OF ASPEN ) DE'T'ERMINATION OF ADMINISTRATIVE HEARING OFFICER ty fl wT 5 The following is the determination of Administrative Hearing Officer Timothy E. Whitsitt with respect to the appeal of North of Nell Condominium Association ("North of Nell ") pursuant to the terms of The City of Aspen Ordinance No. 19, Series of 2006 ( "Ordinance 19 ") and regarding the application of the moratorium established by Ordinance 19 to the development plans for his property located at 555 E. Durant Avenue, Aspen, Colorado. Procedural Background Ordinance 19 was finally adopted by the Aspen City Council to become immediately effective pursuant to its declaration of emergency on April 25, 2006. That Ordinance established a moratorium of six months on the submission of new land use applications and upon the issuance of new Building Permits within certain designated zone districts, including the Commercial Lodge ( "CL ") pone District in which the North of Nell is located. Ordinance 19 further incorporated a process for any property owner to lodge an appeal with the City as to the applicability of the moratorium to his property or development plans. All said appeals, under Section 5 of Ordinance 19, are to be heard by a Bearing Officer appointed by the City Manager, City Manager Steve Barwick has appointed the undersigned Hearing Officer to hear and determine appeals pursuant to Ordinance 19. While Ordinance 19 as originally adopted incorporated a six -month moratorium, the Aspen City Council on September 23, 2006, enacted an extension of that moratorium through February of 2007. The North of Nell, represents the ownership of the property located at 555 E. Durant Avenue, consisting of approximately 40 residential condominiums, 17 commercial condominiums and appurtenant parking and common amenities. It approached the Aspen Community Development Department with a plan to undertake certain cosmetic renovations to the South side of the first floor of the North of Nell building. It was rejected based upon the moratorium on permit applications under Ordinance 19. North of Nell bas requested relief from the moratorium, claiming financial hardship under Section 5.B of the Ordinance. That application for relief was accepted by the Community Development Department and an appeal hearing was scheduled by mutual agreement on September 29, 2006, in Aspen, Colorado. Appellant North of Nei) was represented by General Manager Joe Raczak and architect Randy Wedum. Also attending the hearing to provide information as to the proposed construction project by the Residences at Little Nell was John Sarpa. The City of Aspen was represented by Senior Planner James lindt. Factual Baekgrouod The North of Nell has been in existence and occupied as a multiple use residential/commercial condominium complex since 1969. It is further noted that the North of Nell is considered nonconforming as it currently exceeds the useable FAR under the Commercial Core zone district regulations on the property on which it is located. For this reason, any increase in calculated FAR for the North of Nell is prohibited under the Aspen Municipal Code without . the grant of permission from the City for the increase in nonconformity. The development is adjacent, on its South side, to Dean Street, where the historic grade of that street left a portion of the Notch of Neil's first floor below street level. This condition has in the past led to a calculation under the FAR regulations which reduced the actual floor area calculation for the first floor of the North of Nell under the Code, due to its subgrade condition. An unrelated development on property across Dean Street from the North of Nell has resulted in an agreement with the City that the grade of Dean Street will be lowered approximately three (3) feet in connection with the commencement of construction of that project, which is scheduled to commence by April of 2007 (referred to hereinafter as "the Dean Street Project "). As a result, all of the first floor of the North of Nell building will subsequently be at grade on Dean Street. Corresponding with that change, the FAR calculation for the North of Nell will change since it will then be entirely at or above grade, resulting in an increase in calculated FAR. This increase in FAR results solely by virtue of the calculation under the Code as a result of the grade change in Dean Street and despite the fact that there will be no change whatsoever in the developed and occupied space within the North of Nell. North of Nell has determined that it would like to undertake a cosmetic renovation or reconstruction of the fast floor exterior wall on the South side of its structure in connection with the change of grade of Dean Street, which will expose a portion of that wall that was previously subgrade and which, for that reason, has never been provided any exterior finish. North of Nell wishes to coordinate this project with the construction on Dean Street, however, it may not obtain a building permit for this construction without addressing the calculated increase in its nonconforming FAR and obtaining an approval for that increase from the City. That application and approval are, in turn, prohibited by the moratorium of Ordinance 19. North of Nell has no control over the timing and scheduling of the Dean Street Project. This project has been approved and is already scheduled for construction early in 2007. If North of Nell is not permitted, due to the moratorium, to undertake its proposed renovation at the same time, then there will be several consequences. First, and most importantly, instead of a single construction project on Dean Street requiring closure of a portion of that street, traffic control and the attendant costs and inconvenience, there will be two such projects. This further results in exponentially increased construction costs for North of Nell in its own renovation project. Instead of having the opportunity to utilize the same contractors to undertake its renovation at the same time as the Dean Street project, it will be forced to re- mobilize those contractors or others at a later date, thus losing considerable economies of scale and duplicating mobilization costs. Even worse, the North of Nell contractors would end up needing to tear out some of the construction completed in the Dean Street Project in order to complete its work, at considerable inconvenience and additional cost. The testimony from Mssrs. Wedum and Sarpa at the hearing indicated that the result would be to increase the North of Nell's project cost from approximately $250,000.00 to as much as $600,000.00. This testimony was supported by correspondence introduced by North of Nell from Mr. Jeffery W. Hanson, Operations Manager of Swinerton Builders. Swinerton is the general contractor for the Dean Street Project. Mr. Hawn's correspondence confirmed that costs would be greatly increased for North of Nell if it is not permitted to undertake its project along with the Dean Street Project. it is noted that the City did not dispute any of the evidence presented as to the substantial cost impact of forcing North of Nell to undertake its project after, rather than concurrent with, the Dean Street Project and at the hearing conceded that this situation constitutes a .financial hardship. Determination Having considered the presentation of each of the parties at the hearing and the requirements of Ordinance 19, the hearing officer determines as follows: 1. There was considerable testimony and written documentation submitted supporting the position of North of Nell that the application of the moratorium, which would result inevitably in the delay of its construction project to follow the Dean Street Project instead of concurrent with it, would work a severe economic hardship upon North of Nell. It is determined that these increased costs do constitute unreasonable financial hardship constituting unrecoverable financial loss to appellant North of Nell. These costs and losses constitute increased project costs resulting from the application of the moratorium, which are separate from and independent of the base value of the property, IRS depreciation rules, or the residual value of the property. 2. The costs and losses that would be suffered by North of Nell are unique to its particular property and circumstances, such that its rights are being substantially deprived by the application of the moratorium. 3. It is further noted that this is not the sort of development activity which Ordinance 19 was intended to control, in that: a. The project involves the development of no new occupied space whatsoever, but is solely an exterior renovation to an existing, occupied structure; and b. The application of the moratorium in this instance will result in an increase rather than a decrease in construction activity on Dean Street, as it will prevent the merging of the Dean Street and North of Nell projects and prolong the disruption of vehicular and pedestrian use on Dean Street. Based upon the foregoing it is the determination of the Hearing Officer that if North of Nell is not permitted due to the application of the moratorium to make application to the City for an allowance of its increased FAIL, it will suffer substantial financial hardship and substantial unrecoverable financial loss, the circumstances of which loss are unique to Notch of Nell. Therefore it is the determination of this Hearing Officer that North of Nell should be and is exempted from the application of the moratorium pursuant to Section S.B. of Ordinance 19, Series of 2006 for the purposes of said application and for any building permit application that may result therefrom. Dated: October 2, 2006 Lr DRC COMMENTS: Engineering Department: 2. Building Department EXHIBIT C DRC MINUTES Adam: - Timeline for this summer? - Improvements before /after? -Work starts April 18 w/ or w/o North of Nell. - Modify drawings prior to April 18 -Dean St. improvements must happen at once Triscia: -Tie storm pipe with Dean Street -3 sides of roof will drain into storm pipe, fees? - Drainage, changing pattern needs to be addressed Denis: - Construction management plan? - Provide required accessible routes. -needs to be accessible all 4 sides -Ramps to be IBC compliant - Galena Street access required. -Ramp for access to South storefronts -RLN permit is for site plan - Steven Spears from Design Workshop for site plan 3. Aspen Sanitation District Tom - Moving main sewer line for both buildings -Need to know process for abandoning line -Joe R. to talk with ACSD - Secondary Service? - Agreement is not the same? concerns from Tom. 4. Zoning Todd: -New Plat required: Need correct number of units. - Current plat shows 12 units (not 14) for Comm. -38 units or 42 for residential, amend plat? - Clarification/legal advice on split units -Plat for downstairs (comm.) and upper (resident.) -Fees: TDM .46 per sgft./Parks 4.10 per net increase - Lighting Plan must comply 5. Fire Ed: - Maintain width for apparatus (Design Workshop) - Complies with 20'/16' clear width 6. Parks Brian: - Trimming/pruning work must be with city contractor, after consulting with forester. -The applicant pays for work to trees - Consult for Galena/Durant- need to consult prior to construction - Active irrigation for trees - Irrigation to be installed w/ sidewalks - Existing snowmelt will remain (replaced w/ new) - Evaluating existing trees (hazardous conditions) DMIT r, "TAIN FOR PERMANtNT REcORj) A:. , 7"MENT2 -LAND USE APPLICATION L I Location: J� �o (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) Z^1'3-1 1 tti 6-4 p I Name: Cr 2r%r-. r10('^ r Deko, s )t4v%rA ThC Address: 2 1 S S Y( on ,k rJ, S •� . rt 1u� t �� n LD Phone #: (vlsie l PROJECT: Name: N o 1--fk d F NQ LI P u ID Address: SS S 'E— Phone #: -Toe 1Zwc_ Zs.-t Q �2.5 —lSlZ7 TYPE OF APPLICATION: (Dlease check all that annlv)- ❑ Conditional Use Q/ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review Final PUD (& PUD Amendment ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GM QS Allotment Q ❑ 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, condominiummation) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc.) fugsrIr t-A 17 keof Use I)o ,.-,I' lot I1, PROPOSAL: (description of proposed buildings uses modifications etc.) Spw,e b O r . PlourAre -� k- 'k% NC_t- ,e OLjt-N( Ha you att ached the following? FEES DUE: S J�_Atltachment - Application Conference Summary #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form []IResponse to Attachment 94, 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. PERlf AM MCO ' i _ CITY OF ASPEN COMMUNITY DEVELOPMENT CAE' 1ARTMENT Aareemapt for Payment of City of Aspen DeeWQ amens Application Fees CITY OF ASPEN (hereinafter CITY) and No& of Ale , I Co n Al ,A g A st tun r.,,s (heminal xr APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT lies submitted to CITY an application In p pibrl J+s I (hereinafter, THE PROJECT). —.. �- 2. APPLICANT usiderstands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establish as a fee structure for Land Use applications and the payment If all processing fees is a condition precedent to a dete mination of application completepess. J. APPLICANT and CITY agree that because of thf: si x, nature or scope of the proposed project, it is not p risible at this time to ascertain the full extent of the cc Its involved in processing the application. APPLIC 4NT and CITY further agree that it is in the interest of the It irties that APPLICANT make payment of an initial d Imit and to thereafter permit additional costs to be bi led to APPLICANT on a monthly basis. APPLIC ANT agrees additional costs tray, accrue following their he iii gs and/or approvals. APPLICANT agrees he will be'tenefitcd by retaining greater cash liquidity and will 1114:e : dditional payments upon notification by the CITY w ten they are necessary as costs are incurred, CTTY agrees it vill be benefited through the greater certainty of recov zing its full costs to process APPLICANT'S application. k CITY and APPLICANT further agree that it is impracticable for CITY scoff to complete processi tg or present sufficient information to the Planning Commissi ,n and/or City Council to enable the Planning Commis iron and/or City Council to make legally required findings fo project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in considcrr.tio i of the CITY's waiver of its right to collect full fee: prior to a determination of application completeness; API LICANT shall pay an initial deposit in the amount AS J!12Z which is for „J2, hours of Cmnnunity Development staff time, and if actual recordec costs exceed the initial deposit, APPLICANT shall pay add tional monthly billings to CITY to reimburse the CIT ( for the processing of the application mendonod above, inclu ling post approval review at a rate of 5220.00 per plan aar hour over the initial deposit, Such periodic payments sh: II he trade within 70 days of the billing date. APPLI( ANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no ca a: will building pernnits be issued until all costs associated will can processing have been paid. CITY ( IF ASPEN By:— Chris Beadon G immunity Development Director g :\sup f ertlforms\agrpayas.doc 1110 /11 APPLI 2ANT , Mailin I Address: 6 'd RC o' °N NONINOON00 113N j0 H1AON NdOI :Z 1007,, 'lE'��P t ", TACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: V 0 prk or rV4 t I DU 0 Applicant: NwTh f2E Nell Location: Zone District: r t Lot Size: 72--1, u .Do Lot Area: 17 -1 ._ (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) ' Commercial net leasable: Existing:_J�.proposed: i.3 i3O Number of residential units: Existing. Ho proposed: L40 Number of bedrooms: Existing.•_ -J Proposed: CC1 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing :�4!IIAllowable: 17 t 0O° proposed: gg '6 L4 o Principal bldg. height: Existing: 3Ift 3tt Allowable: L-IL Proposed: 'IS' Access. bldg. height: Existing: N f r Allowable: M A- Proposed: NA- On-Site parking: Existing: %7-. Required: — proposed : 6"L-_ %Site coverage: Existing: I p0 Required: N Pr Proposed: 100 % Open Space: Existing: Required: 0 Proposed: a Front Setback: Existing: a Required: � Proposed: 0 Rear Setback: Existing: O Required: O Proposed: Combined F /R: Existing: Required: Proposed: a Side Setback: Existing. Required: O Proposed: C� Side Setback: Existing: 0 Required: Proposed: O Combined Sides: Existing: d Required: O Proposed: n Distance Between Existing NN_ Required: NL Proposed : YA- Buildings Existing non - conformities or encroachments: Fl[ vor NP e•1 t Variations requested: V \ o or 1-- rem � :> . r In.-r- b :h W U F w 0 3 zo FAN, a LM a a w 3 x a w 0 3 0 o°zw 30z L9 LU ooa K LLZ Q Nwa Lu w t ¢w YOM �zz ¢o¢ wC DO yaa Lol 0 Wo ao x 0 z v U ® Q Z u V N .--4 .---4 N O +J O N CD N cad s Q ._... EXN bif r— MINUTES May 15, 2007 COMMENTS............................................................................... ..............................2 DECLARATION OF CONFLICTS OF INTEREST .................. ..............................2 NORTH OF NELL PUD ............................................................. ..............................2 1 ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES May 15, 2007 Ruth opened the regular Planning & Zoning meeting in the Sister Cities Meeting Room. Commissioners John Rowland, David Guthrie, Dylan Johns, LJ Erspamer, and Ruth Kruger were present. Brian Speck and Steve Skadron were excused. Staff in attendance: Joyce Allgaier, Jessica Garrow, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger thanked City Council for the support of upholding the 1001 Ute decision. Kruger suggested postponing the minutes until the next meeting and breaking the minutes into 3 sets at a time. DECLARATION OF CONFLICTS OF INTEREST None stated. PUBLIC HEARING: NORTH OF NELL PUD Ruth Kruger opened the public hearing North of Nell PUD. Notice was provided. Kruger asked why this came through the P &Z and Council and not just an administrative decision. Jessica Garrow responded that a PUD was needed as well as P &Z and Council approval. Jason Lasser explained that Dean Street was being lowered with a pedestrian access plan; there was no increase to the building but the hearing officer, Tim Whitsitt, stated the grade change was from the construction on Dean Street. Staff and the hearing officer determined the construction activity of fixing the southern fagade would be exempted because of the existing construction on Dean Street. Lasser distributed a new Resolution # 19 with changes in the conditions; the word applicable was added to # 1; the applicant would provide graphic calculations; the installation of an elevator to comply with ADA requirements; the height of the building to be calculated; lighting plan added prior to recording the plat. This project would be a nice addition to Dean Street. Joyce Allgaier stated that the applicant's planner, Glenn Horn, presented new information, which were some architectural changes to the building, such as changes to the balcony railings, an additional cornice at the rooftop, removal of the saw tooth edge and building up of the vertical members of the outside of the building. Allgaier said that for these architectural exterior changes could be accomplished by Community Development administratively and were not subject to the moratorium and staff would like to see the entire PUD package come as one piece to P &Z. 2 f. MINUTES May 15, 2007 Jim True said that staff could address the architectural aspects. True stated that P &Z had the discretion to consider everything tonight, or hear only the PUD, or continue the whole hearing. Jason Lasser said that the architectural drawings did not reflect the new changes. Glenn Horn said that Randy Wedum was the architect, Joe Raczak was the manager of the North of Nell and Steve Spears was from The Residences at Little Nell. Horn noted that this project went through 3 City Planners. The North of Nell was built in 1969 and represents the architecture of that era. Horn stated that part of the PUD was to include a make -over for the building, cosmetic face -lift and submitted architectural plans. Horn said that they could present the architectural plans and staff could have time to review those plans and this could come back with answers to the questions. Joe Raczak said that they were told this could be a cosmetic improvement done administratively with Community Development and the Dean Avenue improvements made the North of Nell go through a major process. Steve Spears said that the Residences were to construct the entire Dean Avenue right -of -way from Galena to the Gondola Plaza and maintain through perpetuity. Spears said part of the approval of the Residences was to redesign and re- engineer Dean Street to make it the best street in Aspen with the richest pavers. Dean Avenue was lowered, which exposed the North of Nell blank wall. Randy Wedum utilized drawings to illustrate the architectural changes to the fagade to break up the block building with vertical columns, railings and a stone base using the red base stone. There were stairs up to Dean Street. Horn said the basic PUD was simple; there was no increase in net leaseable. Guthrie stated this retail /commercial space would not be affordable "mom and pop" space but rather high end retail. Kruger noted that the North of Nell was forced to redo the space. Guthrie said that it was definitely a terrible space prior to the remodel. Lasser stated from the hearing officer report "solely by virtue of the calculation under the code as a result in the grade change in Dean Street and despite the fact that there will be no change what so ever in the developed occupied space change within the North of Nell ". 3 MINUTES May 15, 2007 LJ Erspamer asked where the elevator was being added. Wedum replied the lift was where Stephen Kalein was located on the west side; there were 2 steps down from Galena. Lasser explained this request for a lift came from the DRC (Development Review Committee). No public comments. Dylan Johns said that exterior renovation would enhance the area of town. Johns requested front and side elevations to illustrate the building as an element itself. John Rowland said that vitality for Dean Street would be created and the new direction for architecture was good. LJ Erspamer echoed John and Dylan's thoughts. David Guthrie said that this was an improvement. Ruth Kruger congratulated the applicant for the improvements with the number of owners to bring the project to this point. MOTION: Dylan Johns move to continue the public hearing for the North of Nell to June 5`h; seconded by John Rowland. All in favor, approved. MOTION: LJErspamer moved to adjourn the meeting; seconded by David Guthrie. All in favor, approved. Jackie Lothian, Deputy City Clerk al �n p ��n �rD � � 0 � O � rlt �7" O � � n � � � 7 � � n CD \� 0 \\(k § � © )\( \ \ §�{ § cn \\\ ) / , {// m \o- \ . �] m m m G3 _m r Zr = _ OA CO D O m Om mT O D Z y V n m A m mP mm m � z ou z z Z rn m y c I- m b 3 W CD m C v p F z A O zm m O T . a Z v O 0z _m `2 m O fA z y Q p Z D o N -mi 3 N r D D N j m A m Cl) m O z m x F a r m z a m e'N PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site - specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 535 E. Dean St. Aspen, CO 81611. Legally described as The Residences at Little Nell /Subdivision PUD. The approval is to grant an insubstantial amendment to the Residences at Little Nell /Subdivision PUD, Ordinance No. 30, Series of 2004. The changes were approved pursuant to an administrative variance granted April 9, 2007, and the changes are depicted in the land use application on file with the City of Aspen. For further information contact e1niroenden at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 920.5090. City of Aspen Published in The Aspen Times on April 23, 2007. TO: Chris Bendon FROM: RE DATE: MEMORANDUM Jason Lasser, Planner The Residences at Little Nell - Insubstantial PUD Amendment March 28, 2007 SUMMARY: The Residences at Little Nell, LLC, Represented by Stephen Spears of Design Workshop, has applied for an insubstantial amendment to the approved Residences at Little Nell Subdivision/PUD to amend the approved PUD to allow for modification to the Dean Street improvement plan to include additional pedestrian stair and ramp access to the North of Nell side of Dean Street. Ordinance No.30, Series of 2004, which approved the Residences at Little Nell Subdivision/PUD which contains language in Section 10: Subdivision & Final PUD Plans and in Section 11: Subdivision & PUD Agreement. The applicant is able to submit this application in spite of the Land Use Moratorium created by Ordinance No. 19, 2006, because insubstantial PUD amendments that do not increase floo{+or density were exempted by Section 1 of Ord. No. 23, Series 2006. Review criteria and Staff Findings have been included as Exhibit A. APPLICANT: v The Residences at Little Nell, LLC, Represented by Ste}iL Spears from Design Workshop -{`,� �It�•a -� LOCATION: 535 E. Dean St. ZONING: Lodge with a PUD overlay REVIEW PROCEDURE: The Commumiy Development Director may approve, approve with conditions, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445.100, Planned Unit Developments. STAFF COMMENTS: In reviewing the Applicants request, Staff believes that the improvements to Dean St. are consistent with the approvals granted in Ordinance No. 30, Series of 2004, approving the Residences at Little Nell Subdivision/PUD. Staff finds that the improvements to Dean Street will enhance the character and pedestrian experience essential to the vitality and exposure along the newly developed portion of Dean Street between the Residences at Little Nell and the North of Nell. As stated in Section 11 (3) of Ord. No. 30, Series of 2004; The design, installation, maintenance and operational costs for new surface and sub - surface improvements to Dean Street shall be borne by the owner of the residences at little nellproject and it's successors and assigns. RECOMMENDATION: Staff believes that this application meets the review standards for granting an insubstantial PUD amendment and recommends that the Community Development Director approve this insubstantial PUD to allow for changes to be made to the landscape and Dean Street improvement plan with increased pedestrian access to the North of Nell. APPROVAL: I hereby approve this insubstantial amendment to the Residences at Little Nell Subdivision/PUD to allow modifications to the design of Dean Street to include additional pedestrian access to the North of Nell retail pedestrian corridor with the following condition: Demolition of Dean Street shall proceed with the approved re- designed improvements, however, if the North of Nell substantial PUD amendment is not approved, the design will revert back to the approved plan of the Residences at Little Nell PUD. T 9V� � Chris Bendon Date Community Development Director ACCEPTANCE: I, as a person being or representing the applicant, do hereby agree to the condition of this approval and certify the information provided in this application is correct to the best of my knowledge. Applicant: The Residences at Little Nell Development, LLC By: Brooke A. Peterson, Attorney -in -Fact Date ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B — Application EXHIBIT C — Revised Dean Street Improvement Plan J EXHIBIT A REVIEW CRITERIA 1. A change in the use or character of the development. Staff Finding Staff does not believe that the proposed amendment will change the character of the development and will further compliance with the communities pedestrian goals. Stafffinds this criterion to be met. 2. An increase by greater than three (3) percent in the overall coverage of structures. Staff finds this criterion to be met. Staff Finding The amendment does not increase the overall coverage of structures. Stafffinds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: Trip generation and demand for public infrastructure are not impacted by this change. Stafffinds this criterion to be met. 4. A reduction by greater than three (3) percent of the approved open space Staff Finding.• The amount of open space will not be reduced as a result of this amendment. Stafffinds this criterion to be met. 5. A reduction by greater than one (1) percent of the off - street parking and loading space. Staff Finding: The Applicant is not requesting an amendment to the existing or required number of parking spaces. Stafffinds this criterion to be met. 6. A reduction in required pavement widths or right -of -way for streets and easements. Staff Finding: 14%% .-r The applicant is not proposing changes to right -of -way widths. Emergency access width will remain the same as approved due to safety requirements. Stafffinds this criterion to be met. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding The Applicant is not proposing changes to a commercial building. Stafffinds this criterion to be met. 8. An increase of greater than one (1) percent in the approved residential density of the development. Staff Finding The Applicant is not proposing an increase in residential density. Stafffinds this criterion to be met. 9. Any change which is consistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding The proposed amendment is consistent with the project's original approval. Staff finds this criterion to be met. 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: The Residences at Liile Nell, LLC; c/o Brooke Peterson; 315 E. Hyman ste.305; Aspen, CO 81611, 970.925.8166. Legal Description and Street Address of Subject Propertv: 535 E. Dean Street, Aspen, CO, 81611. Legally described as The Residences at Little Nell Subdivision PUD. Insubstantial Amendment to The Nidences at Little Nell / Subdivision PUD for modifications to the Dean Street improvement plan. The changes include additional pedestrian access to the North of Nell side of the proposed development. The new development does not modify the width, landscaping or emergency access. Land Use Approval Received and Dates: Administrative approval granted December 23, 2006. Effective Date of Development Order: April(9�2007. (Same as date of publication of notice of approval.) _Expiration Date of Development Order: April Q; 2010. (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.) - Issued this 9th day of April 2007, by the City of Aspen Community Development Director. Chris'13endon, AICP V Community Development Director City of Aspen .r Dads Horn- PLANNING & REAL ESTATE CONSULTING March 13, 2007 Jason Lasser City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: North of Nell Condominiums Planned Unit Development Dear Jason: The North of Nell Condominiums is represented by Davis Horn Incorporated in the captioned land use application. You will recall, last week we discussed the proposed sky light to be developed in the North of Nell Condominiums (see Elevations). As noted on page 3 of the land use application, according to the project architect, the existing height of the building is 38' 3 ". The majority of the building will be approximately 39' high. The Elevations in the land use applications depict a sky light. The installation of the sky light will increase the propose height above the 42' height limit in the CL zone. By way of this letter, the applicant amends the land use application to eliminate the sky light. Please contact me if you have any questions pertaining to this amendment to the application. Thanks. Sincerely, 1 X &NI' 0 11 ]INCORPORATED AICP L4, �, /• . cc: Joe Raczak, North of Nell ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 •970/925 -6587 • FAX: 970/925 -5180 adavis @roEnet ghorn @roEnet ,t7 �1 I V- 1 41 -a x O SNOB= ' /,17 I - e -r1�+' vo F>�vjyc,A n, id�tc{y r Iw La✓u� , {Llm_...Tf / --------------- re" ti wwt� iv.l l/ I S1� - I CIA - �19 T� �,v �� °f 1e,�1`�'` )f•�l bar -,. /�It'� �t� '"'"'°'off 1, AFe P �UH 1 Pa1L� Vag) ti I✓�Ud3 r ee�ts- f\IA T-�61r 6pJl�'.Nb•N-�Y•im r-c 'S'G T" W. ' Div 4i z yf �.G 41J 5• / { / r FAA c. L,1#4<2 ( CF,*"C AllL ( y � i j1T '�t {J of Cow x -� ( N tilt �J�U1 n n,i"�re.�l c%S� jw he COGV�t�tn's ce W5- IUSn +Z' >✓ w �-� o { /�.(� ,� `'`� ( � A-e -mil+ a 4d, &.✓D w ZL 1 f. 11 '01 SdwrooTp Vk'ju (,yt a�.e 'uktF�ll- T� 1++,e S 4., " tX7-��- . rl.Nw /i��•c..d • � 1 It kso� -- Al l.M, V< e - 2 ��•� 1 Latin... ♦ �c i s. ( a Nw-r -j CO 1 ig iw v)'v -( Ic t <-+v- o n i-n r � D J � 1-II,o� k 41 H7- �4- C/I b / T ld� cnvl / ^ i ti� tom.. ���� �a {>MS ���W - �•6A�d;s�..,� ��', licti� � i 4 . �� rvJ ri'l9� �M¢U,. o�Vl �✓�.� �� CUf -Ar% w e;J oA,(44 is n , C 0 EXHIBIT G PLANNED UNIT DEVELOPMENT REQUEST SUMMARY: The North of Nell Condominium Association, represented by its Manager, Joe Raczak, has submitted this land use application requesting the following: 1.) PUD overlay of the property to establish the dimensional standards for the structure as conforming; and 2.) PUD to approve the increased calculated floor area of the structure by 3,591 square feet due to exposure of an existing wall from the lowering of Dean Street; and 3.) PUD to approve the architectural character and site design: and The North of Nell Condominiums was built in 1969 in compliance with the standards in effect at the time. According to the Section 26.312.020 and 26.312.030 of the Code, non- conforming uses and structures may continue to operate as they are, but only normal maintenance procedures can be conducted and no extensions or expansions are allowed. The North of Nell Condominiums will be affected by the new development of the Residences at Little Nell on Dean Street. The lowering of the street will expose additional existing building wall of the North of Nell which will increase the calculated floor area. In order to help rectify the situation, the applicant proposes a PUD overlay to establish the existing non - conforming dimensional standards as legal for this property. BACKGROUND/EXISTING CONDITIONS: The North of Nell Condominiums were constructed in 1969, in compliance at the time. The North of Nell is a mixed use commercial/residential development with 40 residential and 12 commercial units. There is existing underground parking with 61 spaces. A shop, storage and utility rooms are also located in the basement. The building is located in the Commercial Lodge (CL) zone district. Total floor area in the zone district is limited to a floor area ratio (FAR) of 3:1. However, the existing building floor area is calculated using the ratio for commercial (1:1) and free - market residential (.5:1) for the CL zone district. The actual floor area calculations with the appropriate numbers were not available at the time of the packet submittal and will be submitted by the applicant at the time of the hearing. PLANNED UNIT DEVELOPMENT. A development application for PUD shall comply with the following standards and requirements (staff findings follow each requirement): E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the C 9 building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less - intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: DOES IT COMPLY � NO � C E Although the design of the building is outdated, there are many condominium and lodge structures of the same era in Aspen that all contribute to the local architectural character and are appropriate for the environment in which they are located. The visual interest of the saw -tooth roof adds to the character of the building, seeking to reduce the perceived length of the eave. It is staff s opinion that the saw -tooth eave of the flat roof seeks to emulate a chalet style gable. The proposed straight line cut to the eave will increase the perceived mass and the . d' ion of applied painted gutter seam brackets will no br k u the building vertically It is Staff s opinion that the request to demolish the saw -tooth roofline due to gutter pricing savings is not appropriate and is incopsigept with izoals of the AACP as it relates to "Design Quality ". n a itron to building's architectural .� rar r P ,� , . e nroiect rs stm t as it relates to the initiation of Aspen's growth management system. The new height of the building (proposed) is of concern, as it seeks to maximize the overall height, increasing to 42'. The height is reached by applied architectural arches that have additional metal ornaments, which could vary by several inches in detail and construction. In addition, existing roof vents and chimney construction are not included in the drawings, but site examination finds the height of the elements to be questionable. It is Staffs opinion that the new arches do not warrant an increase in height and Staff is requesting that the existing saw -tooth roof remain. The lower saw -tooth eave does add to the architectural character at the pedestrian level, which Staff finds to be in compliance with the site design criterion; "existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved ". Staff has concerns about the vertical stucco `columns' and base materials. The columns framing the primary entry do not connect with the base and are stacked vertically on sidelight windows adjacent to the door. The base material only covers approximately two (2) feet of the ground level off of grade. It is Staff s opinion that the base material for the entire height of the ground level would be more consistent. Relating specific details, color and palette to the surrounding structures is not a requirement for the PUD. It is Staff s opinion that the proposed colors (teal, purple and terracotta) seek to match the Little Nell and Gondola Plaza buildings which will increase the perception of a `base village' which is inconsistent with the existing eclectic and diverse character. Section 26.412.030 Applicability, which applies to all commercial, lodging, and mixed use development with a commercial component, states that development which impacts the exterior of the building is subject to the Commercial Design Standards. Future exterior design changes will be subject to the Design Standards in place at the time of that application. Staff finds that the proposal does not address the pedestrian experience and Staff finds that this criterion has not been met. M G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development inAhe proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of recreation area enhances the character of the common park, open space, or existing and proposed structures and natural lands provides visual relief to the property's built form, benefit of the various land uses and property users of the 2. A proportionate, undivided interest in all common park in perpetuity (not for a number of years) to each lot or d PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal care and maintenance of open spaces, recreation areas, with a deed restriction against future residential, development. development, considering features of the pr6perty, is available to the mutual recreation areas is deeded line unit owner within the -ument for the permanent shared facilities together nmercial, or industrial STAFF FINDING: DOE IT COMPLY? O The pedestrian experience Yhe of Nell uilding is inconsistent and uninviting. There is a publics to the park' g ramp, which is dark a nd disconnected from the Gondola aza side of a ramp houses ticket booths, which crowd the plaza and miniency to th building. The north and west edges of the building are compro proximity f the diagonal street parking. The goal of the D.E.P.P. (do town enh cemen diagonal to parallel parkin while widenin the s landscaping and pedestr interaction. The Vista will elongate the ceived length of the t improvements will ect the building to enhance the various land uses and property users of the P PUD, The Residences at Little Nell. Staff finds that the proposal does not that this criterion has not been met. N rrv`1 fxy-- and edestrian plan) is to convert the iew k and increasing the amount of imbact of the proposed straight eave dl ing. Although the Dean Street character for the mutual benefit of D, those changes are part of another the pedestrian experience and Staff finds r 3 NOTICE it '. C . lT �{ RLL 13C s hLENA 15Prnl POSE TC SET AuCwhQl� c N S,TE. L.CC AT,ON' SSS EA3� OVRRNT' ASrGN GO LE�r.L DE.S�R'Pr, ou: NORTH R ASSOC of NE:L CCNOC M, uNn 1 (�pPL I C AN f AOt�nE55- ss ERSr DVaRN'T AVSNU6 ASPS N co S,L(I FOR FURTHER INFORMATION CONTACT: DEPARTMENT THE CTY OF ASN 190 SIGALENA ST ASPEN CO PLANNING 197019203090 ' k �I OTIC E TIME PLACI ... PUNru r q _ I - J _ Qu- Southland Industries q W 33UON 0 I IRTI Fil I 4%p- HIS VI O-7 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: tJ S S �� ✓`T Sr.- Aspen, CO SCHEDULED PUBLIC HEARING DATE: I i 2001 STATE OF COLORADO ) ) ss. County of Pitkin ) I, NBC V4,a `a" (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publicatio (notice: By the p lication in the lega tice section ofd- official paper o paper of general cjr6ulation in the CitypfAspenat least fifteen (15) days pfior to the public hearing. A copy of the Plfiblication 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 (1) days prior to the public hearing and was continuously visible from the _ ay of A or. 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 amens r. a`ficial zoning distr map is in any way to be changed to or as part o general revision of this Title, or wheneee is of ".' "'itle is to be an ded, whether such revision be made by reran.' N `_s Ticc; c,d en actmen f a new land use regulation, or o[herwls° _'ie airen nt of an acc ate survey map or other sufficient legal descri ion of, and the notice to d listing of names and addresses of owner of real property in the at of the proposed change shall be waived. How ver, the proposed zoni ap shall be available for public inspection in t planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. �� ,�4_ 191, P. e The foregoing "Affidavit of Notice" was agknowled ed before me this 15- day Of V44L4 200 ', by U . V ��� „onnumwn„ WITNESS MY HAND AND OFFICIAL SEAL eEN 1'• I My commission expires:) OI O C'O pRY• _�..•.� �.+ P U 6�- \G: O l Notary Public I>: .. _.OQ���. ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 (970)920 -5040 GLEN HORN DAVIS HORN INC 215 S MONARCH ST STE 104 ASPEN, CO 81611 INVOICE 111847 Page 1 of 1 DUE'PAie 1/3112007 ACC^l1![t' 00391 AMT'(JUE 68.16 AMOUNT PAID MAKE CHECKS PAYABLE TO THE CITY OF ASPEN DWRIPTION 60.00 300ft of North of Nell 3 extra label sheets 3.00 Sales Tax - GIS taxable mailing labels 5.16 THANK YOU FOR YOUR PROMPT PAYMENT. PLEASE RETURN ONE COPY OF THIS INVOICE WITH YOUR CHECK. ACCOUNT NO. 00391 TOTAL AMOUNT DUE 68.16 Please Remit to: CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 CITY OF ASP6 130 S. GALENA STREET ASPEN, COLORADO 81611 (970)920 -5040 GLEN HORN DAVIS HORN INC 215 S MONARCH ST STE 104 ASPEN, CO 81611 INVOICE 111847 Page 1 of 1 DUE DATE 113112007 ACCOUNT 00391 AMT DUE 68.16 AMOUNT PAID MAKE CHECKS PAYABLE TO THE CITY OF ASPEN DESCRIPTION AMOUNT 300ft of North of Nell 60.00 3 extra label sheets 3.00 Sales Tax - GIS taxable mailing labels 5.16 THANK YOU FOR YOUR PROMPT PAYMENT. PLEASE RETURN ONE COPY OF THIS INVOICE WITH YOUR CHECK. ACCOUNT NO. 00391 TOTAL AMOUNT DUE 68.16 Please Remit to: CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 Easy Peel Labels - nti A See Instruction Sheet ; �AVE1iYGG5160® Use Avery® TEMPLATE 5160 ���'�' iFefw Paper for Easy Peel Featurei �`• SANDIFER C WESTON JR & DICKSIE LEE SCHAEFER KEITH E SCHEUERMAN JOANNE E 240 LINDEN DR 76363 VIA MONTELENA 200 LOCUST ST #23A BOULDER, CO 80304 -0471 INDIAN WELLS, CA 92210 PHILADELPHIA, PA 19106 SCHMIDT RALPH N SEGUIN JEFF W & MADALYN B 536 N 7TH ST PO BOX 8852 GRAND JUNCTION, CO 81501 ASPEN, CO 81612 SODERLING RONALD E TRUSTEE SOPRIS VENTURES LLC C/O RESCO PO BOX 572 901 DOVE ST STE 270 PAUMA VALLEY, CA 92061 NEWPORT BEACH, CA 92660 -3038 SWENERG JAMES & SANDRA L TERMINELLO DENNIS J & KERRY L 2660 ROCK REST RD 656 RIDGEWAY PITTSBORO, NC 27312 WHITE PLAINS, NY 10605 -4323 V M W TRUST OF 1991 VALLEY INVESTMENTS LLC 301 N LAKE AVE STE 900 205 S MILL ST #301A PASADENA, CA 91101 ASPEN, CO 81611 WALLEN - OSTERAA REV LIVING TRUST WALLING REBECCA 36 OCEAN VISTA 350 BLANCA AVE NEWPORT BEACH, CA 92660 TAMPA, FL 33606 WEIGAND FAMILY TRUST 23/100 WELLS KATHERINE G 150 N MARKET 33 PORTLAND PL WICHITA, KS 67202 ST LOUIS, MO 63108 WELLS RICHARD A & SUSAN T TRUST WELSCH SUSAN FLEET TRUST C/O MOORE & VAN ALLEN/ THOMAS 10 UTE PLACE OBANNON ASPEN, CO 81611 100 N TRYON ST 47TH FLR CHARLOTTE, NC 28202 WHITMAN WAYNE & FRAN UND 1/2 INT WILSHIRE COMPANY PO BOX 457 PO BOX 828 CLEARWATER, FL 33757 -0457 ORINDA, CA 94563 ZENSEN ROGER ZODIAC PROPERTIES LTD 313 FRANCES THACKER 628 S GALENA ST WILLIAMSBURG, VA 23185 ASPEN, CO 81611 Etiquettes faciles a peter Ilw:l: 1 L :w wVfffV� L1LI1 (Ri f...- A.. -L. 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CO 81611 KEENAN MICHAEL & NOLA 1075 DUVAL ST C -21 PMB 238 KEY WEST. FL 33040 KOEPPEL KEVIN F TRUST C/O NEWMARK S M TRUSTEE 3551 ST GAUDENS RD COCONUT GROVE, FL 33133 LANDL KARL G & EDELTRAUD 1 6 W RIDGE AVE PROSPECT HEIGHTS, IL 60070 MANDELBAUM MERVYN & JEANETTE TRUSTEES 1735 S SANTA FE AVE LOS ANGELES, CA 90021 MAVROVIC ERNA 530 E 72ND ST APT 15 -C NEW YORK, NY 10021 MCKENZIE MILTON & ARETA 2003 REV TRUST 14860 MONTFORT #209 DALLAS, KS 75254 MEYER BUSINESS BUILDING LLC 23655 TWO RIVERS RD BASALT. CO 81621 Consultez la feuille www.averycom d'instruction 1- 800 -GO -AVERY Easy Peel Labels -. /n i A See Instruction Sheet` �, Use Ave ®TEMPLATE 5160® Feee Doper for Easy Peel Feature ' AVERY 651600 i CLIFFORD MRS MARGARET JOAN CMMM INVESTMENTS LLC COASTAL MOUNTAIN INVESTMENTS 146 WILD TIGER RD 4937 HEARST ST #B LLC BOULDER, CO 80302 METAIRIE, LA 70001 2519 N MCMULLEN BOOTH RD #510 -307 CLEARWATER, FL 33761 COASTAL MTN PROPERTIES LLC CORNELISSEN TOM COX JAMES E & NANCY 2639 MC CORMICK DR 4753 N SHORE DR 3284 SURMONT CLEARWATER, FL 33759 MOUND, MN 55364 -9607 LAFAYETTE, CA 94549 CRAFT LESTER R JR DALY CAROL CENTER DIBRELL CHARLES G JR & FRANCES 2026 VETERAN AVE 155 LONE PINE RD C -11 24 ADLER CIR LOS ANGELES, CA 90025 -5722 ASPEN, CO 81611 GALVESTON, TX 77551 -5828 DONOVAN CAROL SMITH DRUKER HENRY L ECCHYMOSIS LLC 800 N MICHIGAN AVE #3603 785 PARK AVE #6E 4802 E 2ND ST STE 2 CHICAGO, IL 60611 NEW YORK, NY 10021 LONG BEACH, CA 90803 ELLERON CHEMICALS CORP ERIKSEN STEIN FAMILY PARNERSHIP ESPOSITO VINCENT A & JANET M 720 NORTH POST RD #230 LLLP TRUSTEES HOUSTON, TX 77024 PO BOX 2729 6276 VIA CANADA PARK CITY, UT 84060 RANCHO PALOS VERDES, CA 90275 FEHR EDITH B REVOCABLE TRUST FLY MARIE N GA RESORT CONDO ASSOC C/O DAIVD FEHR 7447 PEBBLE POINTE 1000 S MILL ST 717 PROMONTORY LN W BLOOMFIELD, MI 48322 ASPEN, CO 81611 -3800 BASALT, CO 81621 GABERMAN RICHARD M & PAVA GALENA PLACE LLC GERARDOT JANE M TRUSTEE JEREMY TRUSTEE 1305 PLAZA PACIFICA GERARDOT J REVOCABLE TRUST 380 UNION ST STE 300 SANTA BARBARA, CA 93108 5526 HOPKINTON DR WEST SPRINGFIELD, MA 01089 ♦ FORT WAYNE, IN 46804 GILBERT GARY GLUCK CAROLE E GODBOLD EDMUND O 1556 ROYAL BLVD 176 E 71ST ST 524 COLONY DR GLENDALE, CA 91207 NEW YORK, NY 10021 HARTSDALE, NY 10530 GORSUCH COOPER LLC GRAND ASPEN LODGING LLC GREENWOOD KAREN DAY 263 E GORE CREEK DR PO BOX S GREENWOOD STERLING JAMES VAIL, CO 81657 ASPEN, CO 81612 -7420 409 E COOPER AVE ASPEN, CO 81611 GREGG LELAND JOHN GUIDO SWISS INN LTD PARTNERS GUILBEAU CAPITAL HOLDINGS LLC 979 QUEEN ST 23655 TWO RIVERS RD 151 CHERAMIE LN ASPEN, CO 81611 BASALT, CO 81621 GOLDEN MEADOW, LA 70357 Eticluettes faciles a peler ♦ Consultez la feuille www.avery.com • .1 _ • _ i__.a •,�nin nn�nn f J L ••. .. n nnn l`� ni�n Easy Peel Labels �' //v A See Instruction Sheet i oAVERY05160QD Use Avery® TEMPLATE 51600 j iFee(iper for Easy Peel Featurei 450 SOUTH GALENA ST INVESTORS LLC ADAM P T AGRUSA LISA ANN C/O AEROLEASE INC ATTN ART PO BOX 9066 425 W 23RD ST #15 -E WEISEN ASPEN, CO 81612 NEW YORK, NY 10011 6303 BLUE LAGOON DR #380 MIAMI, FL 33126 AJAX MOUNTAIN ASSOCIATES LLC ANDERSON ROBERT M & LOUISE E AREP ASPEN SQUARE 406 LLC 520 E DURANT ST #207 1021 23RD ST PO BOX 1546 ASPEN, CO 81611 CHETEK, WI 54728 ASPEN, CO 81612 ASPEN B COMMERCIAL PROPERTIES ASPEN GALENA LLC ASPEN GROVE ASSOCIATES LLP EMMY LOU BRANDT C/O C/O MICHAEL BROWN 205 S MILL ST STE 301A 1400 E VALLEY RD 101 400 W ONTARIO #1103 ASPEN, CO 81611 -2948 BASALT. CO 81621 CHICAGO, IL 60610 LE12 8TF ASPEN KOEPPEL LLC ASPEN RETREAT LLC ASPEN SKIING COMPANY LLC 3551 ST GARDENS RD 6536 E GAINSBOROUGH PO BOX 1248 COCONUT GROVE, FL 33133 SCOTTSDALE, AZ 85251 ASPEN, CO 81612 ASPEN SQUARE VENTURES LLP ASPEN VALLEY LAND TRUST BAISCH BARBARA D C/O M & W PROPERTIES PO BOX 940 PO BOX 2127 205 S MILL ST STE 301A ASPEN, CO 81612 LA JOLLA, CA 92038 ASPEN, CO 81611 BARBATA ELENA ANDERSON 1/3 BARBATA LAURA ANDERSON 1/3 BARGE RENE C/O CHARLES SKIPSEY C/O JUDY NORMAN 408 31ST ST PO BOX 2045 2040 FRANKLIN ST #507 NEWPORT BEACH, CA 92663 RANCHO SANTE FE, CA 92067 SAN FRANSISCO, CA 94109 CALGI RAYMOND D CARAS STACY JOAN CAVES KAREN WHEELER 134 TEWKESBURY RD PO BOX 266 1 BARRENGER CT SCARSDALE, NY 10583 PALOS VERDES ESTATES, CA 90274 NEWPORT BEACH, CA 92660 CHERAMIE CAPITAL HOLDINGS LLC CHISHOLM REVOCABLE TRUST CITY OF ASPEN 21122 3725 N GRANDVIEW DR 130 S GALENA ST 143 CHERAMIE LN FLAGSTAFF, AZ 86004 -1603 ASPEN, CO 81611 GOLDEN MEADOW, LA 70357 Etiquettes fables a peter A Consultez la feuille www.avery.com BLACK HAWK ASPEN LLC BECKER ERNEST & KATHLEEN TRUST BERSCH TRUST ROECLIFFE COTTAGE JOE MOORES LN 50 S JONES BLVD #100 9642 YOAKUM DR WOODHOUSE EAVES LEICESTERSHIRE LAS VEGAS, NV 89107 BEVERLY HILLS, CA 90210 LE12 8TF ENGLAND, BONCZEK ROBERT R BRADLEY MARK A BROWN GORDON H & ANN PO BOX 3854 PO BOX 1938 860 SODA CREEK RD CHAPEL HILL, NC 27515 -3854 BASALT, CO 81621 EVERGREEN, CO 80439 -9646 CALGI RAYMOND D CARAS STACY JOAN CAVES KAREN WHEELER 134 TEWKESBURY RD PO BOX 266 1 BARRENGER CT SCARSDALE, NY 10583 PALOS VERDES ESTATES, CA 90274 NEWPORT BEACH, CA 92660 CHERAMIE CAPITAL HOLDINGS LLC CHISHOLM REVOCABLE TRUST CITY OF ASPEN 21122 3725 N GRANDVIEW DR 130 S GALENA ST 143 CHERAMIE LN FLAGSTAFF, AZ 86004 -1603 ASPEN, CO 81611 GOLDEN MEADOW, LA 70357 Etiquettes fables a peter A Consultez la feuille www.avery.com CITY OF ASP& 130 S. GALENA STREET ASPEN, COLORADO 81611 (970)920 -5040 GLEN HORN DAVIS HORN INC 215 S MONARCH ST STE 104 ASPEN, CO 81611 741 INVOICE 111847 Page 1 of 1 DUE DATE 1131/2007 ACCOUNT 00391 AMT DUE 68.16 AMOUNT PAID MAKE CHECKS PAYABLE TO THE CITY OF ASPEN DESCRIPTION AMOUNT 300ft of North of Nell 60.00 3 extra label sheets 3.00 Sales Tax - GIS taxable mailing labels 5.16 THANK YOU FOR YOUR PROMPT PAYMENT. PLEASE RETURN ONE COPY OF THIS INVOICE WITH YOUR CHECK. ACCOUNT NO. 00391 TOTAL AMOUNT DUE 68.16 Please Remit to: CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF Aspen, CO SCHEDULED PUBLIC HEARING DATE: L (? , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) 1, c nw!w (name, please print) being or representing an Applicarit to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 he 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 here. 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 busines hours for fifteen (15) days prior to the public hearing on such amendme kJ The for oin "Affidavit of Notic " was ac�syio � gG,d of rye me this %/7/ day of 200; by �'jlq PUBIC Nonce vMichael C I -4M M 2PubishW i 6 AGjXn'Qy& (518?3 a Aspn oi n gW"kfY on AU9W 5, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: I /000 I ,7":7� r G%ji y y 4r l� N11 tars Public ATTACHMENTS: COPY OF THE PUBLICATION EL�G.'pc VA�s rnt.�P� rOGRAPH OF THE POSTED NOTICE (SIGA�V Commis -i ExpiwsZVSM3 :RS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: C, Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200T STATE OF COLORADO ) ) SS. County of Pitkin ) Vt (Iwy r y (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner.. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the C' Ly of Aspen at least fiPtee -(15) days prior to the public hearing. A copy of the publication is attached he to. Posting of notice: By posting of notice, which form was obtained from to 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 and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing gfnotice. 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 (151ays��rior to the public hearing, notice was hand delivered or mailed by first class posLag'e 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 list ng 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. The foregoing "Affidavit of Notice" was ac wledged before me this ---777 Fday of MAY 200 by PUBLIC NOTICE s/ Ruth Kruger, Chair Aspen Planning antl Zonlnq lipynmission Published in the Aspen Tlmes Weekly on April 29, 2007 (303219) "vJiiivrSS MY HAND AND OFFICIAL SEAL Vision ex expires: `: .... �v ATTACHMENTS: COPYOF YHEPVBLICATION 'APH OF THE POSTED NOTICE (SIG1\ . -- kND GOVERNMENTAL AGENCIES NOTICED BYMAa R MEMORANDUM TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgaier, Deputy Director FROM: Jason Lasser, City Planner ) L C RE: NORTH OF NELL CONDOMINIUMS, PUBLIC ARING; PLANNED UNIT DEVELOPMENT (PUD); RESOLUTION NO. , SERIES 2007 DATE: May 15, 2007 PROJECT: NORTH OF NELL CONDOMINIUMS REQUEST SUMMARY: PUD OVERLAY TO ESTABLISH THE NON - CONFORMING FLOOR AREA. APPLICANT: North of Nell Condominium Association LOCATION: 555 East Durant Street STAFF RECOMMENDATION: APPROVAL OF THE PLANNED UNIT DEVELOPMENT (PUD), WITH CONDITIONS L M REQUEST SUMMARY: The North of Nell Condominium Association, represented by its Manager, Joe Raczak, has submitted this land use application requesting the following: 1.) PUD overlay of the property to establish the dimensional standards for the structure as conforming; and 2.) PUD to approve the increased calculated floor area of the structure by 3,591 square feet due to exposure of an existing wall from the lowering of Dean Street; and The North of Nell Condominiums was built in 1969 in compliance with the standards in effect at the time. According to the Section 26.312.020 and 26.312.030 of the Code, non- conforming uses and structures may continue to operate as they are, but only normal maintenance procedures can be conducted and no extensions or expansions are allowed. The North of Nell Condominiums will be affected by the new development of the Residences at Little Nell on Dean Street. The lowering of the street will expose additional existing building wall of the North of Nell which will increase the calculated floor area. In order to help rectify the situation, the applicant proposes a PUD overlay to establish the existing non - conforming dimensional standards as legal for this property. REVIEW PROCESS: The applicant requests the following land use approvals for the project described above: 1) Planned Unit Development (PUD); According to Section 26.445.040 of the Land Use Code, establishment of dimensional requirements and density may be approved with the adoption of a Final PUD development plan. In this case, the applicant proposes a PUD to establish the existing floor area; Final Review Authority: City Council BACKGROUND/ExISTING CONDITIONS: The North of Nell Condominiums were constructed in 1969, in compliance at the time. The North of Nell is a mixed use commercial/residential development with 40 residential and 12 commercial units. There is existing underground parking with 61 spaces. A shop, storage and utility rooms are also located in the basement. The building is located in the Commercial Lodge (CL) zone district. Total floor area in the zone district is limited to a floor area ratio (FAR) of 3:1. According to attachment 4 of the application, the FAR of the existing building is 3.15:1 (85,049 sf. 27,000sf). Due to the lowering of Dean Street the total floor area of the existing building will be increased approximately 3,591 sq ft which increases the total to 88,640 square feet. The new FAR will be 3.29:1 (88,640: 27,000 sq ft). On October 2, 2006, Hearing Officer Timothy E. Whitsitt noted that the improvements and construction activity on Dean Street should coincide with the neighboring development to prevent prolonging the disruption of vehicular and pedestrian use. E However, "it may not obtain a building permit for this construction without addressing the calculated increase in it's nonconforming FAR and obtaining an approval for that increase from the City ". This is why this application for an increase in FAR is exempt from the moratorium. PREVIOUS ACTIONS: There have not been any previous actions related to this development application. STAFF COMMENTS' PLANNED UNIT DEVELOPMENT: Staff finds that the proposed PUD complies with the applicable criteria (see Exhibit A for full Staff Findings). The following are the dimensional standards for floor area that the applicant is requesting to establish as part of the PUD and staff response. FLOOR AREA: This PUD would establish the allowable FAR as 3.29:1 (88,640: 27,000 sq ft) HEIGHT: The actual physical building height is not proposed to change. Because the grade will drop along the Dean Street elevation and how the City measures height, in practice the height is taller based on the calculations. OFF - STREET PARKING: No changes are proposed or warranted. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: H E The DRC meeting was held on March 21, 2007. No major issues were raised at the meeting. Concerns were raised about the timeline and phasing in regards to construction on Dean Street. In addition to the newly created handicap ramp on the south east corner, compliance is required for improved access on the West edge of the development. This is addressed as a condition of approval. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Planned Unit Development. RECOMMENDED MOTION: "I move to approve Resolution No. _, Series of 2007, for a Planned Unit Development the North of Nell Condominiums." CONDITIONS: 1. A PUD Agreement and PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. Prior to final recordation of the PUD plans, the applicant will provide actual floor area and ratio as calculated according to the Aspen Land Use Code, and shown on the PUD plans. 3. The applicant shall install a handicap elevator at the West fagade entrance per ADA requirements. 4. Verify overall building height and setback based on the new Dean Street elevation at the southern fagade and show on the PUD plans. ATTACHMENTS: Exhibit A: Planned Unit Development (PUD) — Staff Findings Exhibit B: Determination of Administrative Hearing Officer Exhibit C: DRC minutes /notes Exhibit D: Application Exhibit E: Dean (Ave.) Street improvement plans POSE r- ICE F 1\ J RESOLUTION N0. 19, (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT TO APPROVE A PUD FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A -H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737 -182 -49051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development (as described in attached Exhibit A); and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, Parking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of to _ (_ - _); and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 15'" DAY OF MAY 2007, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, parcel identification of 2737-182-4905 1, the Aspen Planning N and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: 1. A PUD Agreement and PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. Prior to final recordation of the PUD plans, the applicant will provide actual floor area and ratio as calculated according to the Aspen Land Use Code, and shown on the PUD plans. 3. The applicant shall install a handicap elevator at the West fapade entrance per ADA requirements. 4. Verify overall building height and setback based on the new Dean Street elevation at the southern fagade and show on the PUD plans. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN AT ITS REGULAR MEETING ON THIS 15' DAY OF MAY, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: C John Worcester, City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Ruth Kruger, Chair I EXHIBIT A PLANNED UNIT DEVELOPMENT PLANNED UNIT DEVELOPMENT. A development application for PUD shall comply with the following standards and requirements (staff findings follow each requirement): A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: I DOES IT COMPLY? I YES The proposed development is consistent with all applicable elements of the AACP, specifically with regard to community character. The AACP emphasizes the need to "create spaces" and to "encourage a diverse retail environment". The PUD will legalize the existing dimensional requirements which will be affected by the lowering of Dean Street. The excavation will expose additional existing wall area which affects the calculation of floor area. The newly exposed wall will serve as a new pedestrian retail fagade that connects to the Gondola plaza. Staff finds this to be consistent with the AACP. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES The character of the existing land uses in the area is characterized with a variety of uses - residential, commercial, lodge and office. The proposed PUD is consistent with this character of mixed land uses. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: DOES IT COMPLY? I YES This proposal should not have an adverse impact on the future development of the surrounding area. The newly created pedestrian street is consistent with the present and future uses for the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: I DOES IT COMPLY? I YES The expansion of overall floor area is exempt from GMQS, in accordance with Section 26.470.070.A.7. of the Code. The proposal will not increase net leasable square footage or the number of lodge units. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: I DOES IT COMPLY? I YES The structure has existed in this location for almost forty years and is located in an area of mixed uses. Pedestrian circulation will be improved by this development. The newly created retail on the south side of the existing building will be compatible with the surrounding land uses and natural and man-made characteristics with the proposed PUD. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: DOES IT COMPLY? I YES The proposed dimensional requirements seek to establish the existing dimensions as the legal standards for the property for an increase in floor area due to development activities of the neighboring property. The establishment of the PUD is to allow for a nonconformity created by the lowering of Dean Street. 3. The appropriate number of off - street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non - residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. <I .-. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: DOES IT COMPLY? I YES The existing number of off - street parking spaces will not be affected by this development. The existing pedestrian access, proximity to the bus station and proximity to the city center are consistent provide adequate alternatives for the development. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? YES According to the review by the Development Review Committee, there exists adequate infrastructure capabilities to the structure. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: DOES IT COMPLY? I YES There are no natural hazards or critical site features impacted with the proposal. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density is not proposed to be increased. This standard is not applicable because no new dwelling units or commercial space are proposed. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man -made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. .STAFF FINDING: I DOES IT COMPLY? I YES No changes are proposed which would impact any natural or man-made features. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. STAFF FINDING: I DOES IT COMPLY? YES There is only one structure on the site so clustering has already been achieved. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. STAFF FINDING: DOES IT COMPLY? YES The structure is oriented parallel to the public street. The proposal will increase pedestrian movement and provide improved visual interest on the Dean Street elevation. M _-N 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. STAFF FINDING: DOES IT COMPLY? YES Fire and emergency service vehicle access is adequate to serve their needs. 5. Adequate pedestrian and handicapped access is provided. STAFF FINDING: I DOES IT COMPLY? I YES/NO There are sidewalks along the south, east and west sides of the property providing adequate pedestrian access, but there is a lack of handicap access on the South or West elevations. The structure was approved and constructed at a time when handicap access was not a requirement. To make the newly created retail on the Southwest corner handicap accessible an elevator would be required at the interior lobby of the West 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. STAFF FINDING' I DOES IT COMPLY? I YES Site drainage appears to be accommodated properly and does not negatively impact surrounding properties 7. For non - residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: I DOES IT COMPLY? I YES The neighboring development is responsible for the landscaping associated with the lowering of Dean Street. The proposed development will provide adequate landscaping. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less- intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: [ DOES IT COMPLY? I YES The addition of retail to Dean Street will enhance the character on the ground floor and provide pedestrian interest for the adjacent public spaces. Although the design of the building is outdated, there are many condominium and lodge structures of the same era in Aspen that all contribute to the local architectural character and are appropriate for the environment in which they are located. If the PUD application is approved, then the Association will undertake fagade upgrades. The Association has already applied for such improvements, but these cannot be handled at this time due to the moratorium (see Exhibit B). Section 26.412.030 Applicability, which applies to all commercial, lodging, and mixed use development with a commercial component, states that development which impacts the exterior of the building is subject to the Commercial Design Standards. Future exterior design changes will be subject to the Design Standards in place at the time of that application. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up- lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: DOES IT COMPLY? I YES Staff has not yet reviewed the outdoor lighting for the building. Consequently, a condition of approval has been added requiring inspection of the lighting prior to sign off on any building permit and the bringing of any non - compliant lighting into G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING' I DOES IT COMPLY? YES Dean Street improvements will affect the building to enhance the character for the mutual benefit of the various land uses and property users of the PUD. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. �µ STAFF FINDING I DOES IT COMPLY? YES This development does not propose additional impacts to the City's infrastructure capabilities I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. STAFF FINDING' DOES IT COMPLY? YES The structure has direct access from a public streets. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING' DOES IT COMPLY? YES No additional traffic congestion is created by this development. J. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: I DOES IT COMPLY? YES The establishment of the floor area will coincide with the lowering of Dean Street. W151T $ CITY OF ASPEN, STATE OF COLORADO Administrative Appeal Hearing APPEAL PURSUANT TO ORDINANCE No. 19, SERIES OF 2006 In the Matter of the Appeal of NORTH OF NELL CONDOMINIUM ASSOCIATION And 1 THE CITY OF ASPEN ) DETERMINATION OF ADMINISTRATIVE HEARING OFFICER The following is the determination of Administrative Hearing Officer Timothy E. Whitsin with respect to the appeal of North of Nell Condominium Association ("North of Nell ") pursuant to the terms of The City of Aspen Ordinance No. 19, Series of 2006 ( "Ordinance 19 ") and regarding the application of the moratorium established by Ordinance 19 to the development plans for his property located at 555 E. Durant Avenue, Aspen, Colorado. Procedural Background Ordinance 19 was finally adopted by the Aspen City Council to become immediately effective pursuant to its declaration of emergency ou April 25, 2006. That Ordinance established a moratorium of six months on the submission of new land use applications and upon the issuance of new Building Permits within certain designated zone districts, including the Commercial Lodge ( "CL's Zone District in which the North of Nell is located. Ordinance 19 further incorporated a process for any property owner to lodge an appeal with the Cite as to the applicability of the moratorium to his property or development plans. All said appeals, under Section 5 of Ordinance 19, are to be heard by a Hearing Officer appointed by the City Manager, City Manager Steve Barwick has appointed the undersigned hearing Officer to hear and determine appeals pursuant to Ordinance 19. While Ordinance 19 as originally adopted incorporated a six-month moratorium, the Aspen City Council on September 23, 2006; enacted an extension of that moratorium through February of 2007. The North of Nell, represents the ownership of the property located at 555 E. Durant Avenue, consisting of approximately 40 residential condominiums, 17 commercial condominiums and appurtenant parking and common amenities. It approached the Aspen Community Development Department with a plan to undertake certain cosmetic renovations to the South side of the first floor of the North of Nell building. It was rejected based upon the moratorium on permit applications under Ordinance 19. North of Nell has requested relief from the moratorium, claiming financial hardship under Section 5.13 of the Ordinance. That application for relief was accepted by the Community Development Department and an appeal hearing was scheduled by mutual agreement on September 29, 2006, in Aspen, Colorado. Appellant North of Nell was represented by General Manager Joe Raczak and architect Randy Wedum. Also attending the hearing to provide information as to the proposed construction project by the Residences at Little Nell was John Sarpa. The City of Aspen was represented by Senior Planner James Lindt. Factual Background The North of Nell has been inexistence and occupied as a multiple use . residential/commercial condominium complex since 1969. It is further noted that the North of Nell is considered nonconforming as it currently exceeds the useable FAR under the Commercial Core zone district regulations on the property on which it is located. For this reason, any increase in calculated FAR for the North of Nell is prohibited under the Aspen Municipal Code without. the grant of permission from the City for the increase in nonconformity. The development is adjacent, on its South side, to Dean Street, where the historic grade of that street left a portion of the North of Nell's first floor below street level. This condition has in the past led to a calculation under the FAR regulations which reduced the actual floor area calculation for the first floor of the North of Nell under the Code, due to its subgrade condition. An unrelated development on property across Dean Street from the North of Nell has resulted in an agreement with the City that the grade of Dean Street will be lowered approximately three (3) feet in connection with the commencement of construction of that project, which is scheduled to commence by April of 2007 (referred to hereinafter as "the Dean Street Project "). As a result, all of the first floor of the North of Nell building will subsequently be at grade on Dean Street. Corresponding with that change, the FAR calculation for the North of Nell will change since it will then be entirely at or above grade, resulting in an increase in calculated FAR. This increase in FAR results solely by virtue of the calculation under the Code as a result of the grade change in Dean Street and despite the fact that there will be no change whatsoever in the developed and occupied space within the North of Nell. North of Nell has determined that it would like to undertake a cosmetic renovation or reconstruction of the first floor exterior wall on the South side of its structure in connection with the change of grade of Dean Street, which will expose a portion of that wall that was previously subgrade and which, for that reason, has never. been provided any exterior finish. North of Nell wishes to coordinate this project with the construction on Dean Street, however, it may not obtain a building permit for this construction without addressing the calculated increase in its nonconforning FAR and obtaining an approval for that increase from the City. That application and approval are, in turn, prohibited by the moratorium of Ordinance 19. North of Nell has no control over the timing and scheduling of the Dean Street Project. This project has been approved and is already scheduled for concoction early in 2007. If North of Nell is not permitted, due to the moratorium, to undertake its proposed renovation at the same time, then there will be several consequences. First, end most importantly, instead of a single construction project on Dean Street requiring closure of a portion of that street, traffic control and the attendant costs and inconvenience, there will be two such projects. This further results in exponentially increased construction costs for North of Nell in its own renovation project. Instead of having the opportunity to utilize the same contractors to undertake its renovation at the same time as the Dean Street project, it will be forced to re- mobilize those contractors or others at a later date, thus losing considerable economies of scale and duplicating mobilization costs. Even worse, the North of Nell contractors would end up needing to tear out some of the construction completed in the Dean Street Project in order to complete its work, at considerable inconvenience and additional cost. The testimony from Mssrs. Wedum and Sarpa at the hearing indicated that the result would be to increase the North of Nell's project cost from approximately $250,000.00 to as much as $600,000.00. This testimony was supported by correspondence introduced by North of Nell from Mr. Jeffery W. Hanson, Operations Manager of Swinerton Builders. Swinerton is the general contractor for the Dean Street Project. Mr. Hanson's correspondence confirmed that costs would be greatly increased for North of Nell if it is not permitted to undertake its project along with the Dean Street Project. It is noted that the City did not dispute any of the evidence presented as to the substantial cost impact of forcing North of Nell to undertake its proj ect after, rather than concurrent with, the Dean Street Project and at the hearing conceded that this situation constitutes a financial hardship. DeterriduEttion Having considered the presentation of each of the parties at the hearing and the requirements of Ordinance 19, the hearing officer determines as follows: I. There was considerable testimony and written documentation submitted supporting the position of North of Nell that the application of the moratorium, which would result inevitably in the delay of its construction project to follow the Dean Street Project instead of concurrent with it, would work a severe economic hardship upon North of Nell. It is determined that these increased costs do constitute unreasonable financial hardship constituting unrecoverable financial loss to appellant North of Nell. These costs and losses constitute increased project costs resulting from the application of the moratorium, which are separate from and independent of the base value of the property, IRS depreciation rules, or the residual value of the properiv. 2. The costs and losses that would be suffered by North of Nell are unique to its particular property and circumstances, such that its rights are being substantially deprived by the application of the moratorium. 3. It is further noted that this is not the sort of development activity which Ordinance 19 was intended to control; in that: a. The project involves the development of no new occupied space whatsoever, but is solely an exterior renovation to an existing, occupied structure; and b. The application of the moratorium in this instance will result in an increase rather than a decrease in construction activity on Dean Street, as it will prevent the merging of the Dean Street and North of Nell projects and prolong the disruption of vehicular and pedestrian use on Dean Street. Based upon the foregoing it is the determination of the Hearing Officer that if North of Nell is not permitted due to the application of the moratorium to make application to the City for an allowance of its increased FA P, it will suffer substantial financial hardship and substantial unrecoverable financial loss, the circumstances of which loss are unique to North of Nell. Therefore it is the determination of this Bearing Officer that North of Nell should be and is exempted from the application of the moratorium pursuant to Section S.B. of Ordinance 19, Series of 2006 for the purposes of said application and for any building permit application that may result therefrom. I Dated: October 2, 2006 DRC COMMENTS: Engineering Department: 2. Building Department EXHIBIT C DRC MINUTES Adam: - Timeline for this summer? - Improvements before /after? -Work starts April 18 w/ or w/o North of Nell. - Modify drawings prior to April 18 -Dean St. improvements must happen at once Triscia: -Tie storm pipe with Dean Street -3 sides of roof will drain into storm pipe, fees? - Drainage, changing pattern needs to be addressed Denis: - Construction management plan? - Provide required accessible routes. -needs to be accessible all 4 sides -Ramps to be IBC compliant - Galena Street access required. -Ramp for access to South storefronts -RLN permit is for site plan - Steven Spears from Design Workshop for site plan 3. Aspen Sanitation District Tom - Moving main sewer line for both buildings -Need to know process for abandoning line -Joe R. to talk with ACSD - Secondary Service? - Agreement is not the same? concerns from Tom. 4. Zoning Todd: -New Plat required: Need correct number of units. - Current plat shows 12 units (not 14) for Comm. -38 units or 42 for residential, amend plat? - Clarification/legal advice on split units -Plat for downstairs (comm.) and upper (resident.) -Fees: TDM .46 per sgft./Parks 4.10 per net increase - Lighting Plan must comply 5. Fire Ed: - Maintain width for apparatus (Design Workshop) - Complies with 20'/16' clear width Am,i.ic; -,. Nalre: Location: ID # P=TAIN FOR PERM,, „ y 'IiEMT tCECORO A'. ; .:' "MENT 2 -LAND USE APPLICATION Nvrr� F N�1.1 A�- c,= (Indicate street address, lot & block number, legal description where appropriate) Z^13-1 t t 1 -I at b i t MC1'K .LN1A11Vt.: Name: G Ve r%rn N o la t �e�J • s mourn T� v L Address: 21, 5 S Phone #: A'L5- (7SWl PROJECT: Name: No Pvk d F tile- L l p V a Address: SS S E A 16 r h Phone #: -be CXwL TYPE OF APPLICATION: inlease check all that annlv)- ❑ Conditional Use ❑ Special Review ❑ Design Review Appeal ❑ GMQS Allotment ❑ GMQS Exemption ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Lot Split 2Conceptual PUD �Final PUD (& PUD Amendment) ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Temporary Use ❑ Conceptual Historic Devt. ❑ Final Historic Development ❑ Minor Historic Devt. ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion ❑ Other: EXISTING CONDITIONS: (description of existing buildings uses, previous approvals, etc.) f, ki s T- t n71 t-A 1 kre s( u Set- r3,.,4- t Lof t h 'ROPOSAL: (description of proposed buildings,, uses, modifications etc.) So•w,e b.•' I.l .-, 't-'Lour ,f� rc-. Jt-- 1 ^C rr_ OLae�4 Ha you attached the following? FEES DUE: $_Lj_ 2--Z— - Application Conference Summary Attachment #I, 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. ' 'EW{iWEMI RfCtD CITY OF ASPEN COMMUNITY DEVELOPMENT DE "ARTMENT Affreellittot for Payment of City of Aspen Daela anent Application Fees CITY OV ASPEN (hereinafter CITY) and No& of U t ,� CO n A`S W.- i A ; ►ti wa�S ( hereinater APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application I rr p �.. � ISUrlaJas (bereittal ter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establisb s a fee structure for Land Use applications and the payment f all processing fees is a condition precedent to a dote initiation of application completeness. J. APPLICANT and CITY agree that because of tht: $i :e, nature or scope of the proposed project, it is not passible at this time to ateertsin the full extent of the cc s0 involved in processing the application. APPLIC ANT and CITY further agree that it is in the interest of the p uties that APPLICANT make payment of an initial il;mit and to Wereaftet Permit additional costa to be bi led to APPLICANT on a monthly basis. APPLIC kNt agrees additional costs cony accrue following their heum gs and/or approvals, APPLICANT agms he will be I s fitcd by retaining graartt cash liquidity and will make : dditional payments upon notification by the CITY w ten they are necessary as costs are incurred. CITY agrees it vill be benefited through the greater certainty of recov sting its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is ullpmcticable for CITY staff to complete processi tg or present suffwieot infonuatiou to the Planning Commissi nn and/or City Council to enable the Planning Commis 4on and/or City Council to make legally required findings to project consideration, unless current billings are paid in full prior to decision. 5. 'therefore, APPLICANT agrees that in considerttie I of the CITY's waiver of its tight to collect full fee: prior to a determination of application completeness; API LICANT shall pay an initial deposit in the amount if SJ!1'7 -'L _ which is for 12,_ hours of &,run unity Development staff tarn, and if actual recorder costs uceed the initial deposit, APPLICANT shall pay add tional monthly billings to CITY to reimburse the CIT t for the processing of the application mentioned above, inclu ling post approval review at a rate of 3220.00 per plan ier hour over the initial deposit. Such periodic payments sh: II be made within 70 days of the billing date. APPLI( ANT further agrees that failure to pay such accrued costs shall be grounds for suspension ofprocessing, and in no ca :e will building permits be issued until all costs associated with case processing have been paid. CITY (T ASPEN Or- 0 iris Bendon C, kmmunity Development Director gnbupp ortVpnmlagrpayss.doe 1/10/01 APPLI -ANT rd4p i� II /, -fir rte t. Mailia; Address: Gi es 5 a-- r Qt..faw Ai' —r%, c—..=. S Ibtl Z 'd 8Lb0'oN WNIWOaNCD 113N Jo H10N wdOl:Z COOb 'l6' °�P `.TTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: V 0 r-rN C> IC NO t 1 9tl O Applicant: A]. 7,-r k . F la" tt Location: SS C a �r t7v.r.+nr Zone District: ! t Lot Size: u LDo Lot Area: 7 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, casements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) ' l'1q� _ Commercial net leasable: Existing: _proposed: %3 Sao Number of residential units: Existing: Ho Proposed.• L40 Number of bedrooms: Existing: 8'1 Proposed: 1R1 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: &6.Q! lq Allowable:''_) t 0" proposed: gg t 6 Ll O Principal bldg. height: Existing: ' 3 Allowable: 41 Proposed: t iV Access. bldg. height: Existing: N (* Allowable: K A Proposed. N Pr On- Site parking: Existing : - Required. 9- -I- Proposed.0Z % Site coverage: Existing: 100 Required.• N Ar Proposed: 100 % Open Space: Existing: a--Required.----g---Proposed.- Front Setback: Existing: a Required.•-2.Proposed. O Rear Setback: Existing: O Required: O Proposed: Combined F/R: Existing: O Required.• Proposed: a Side Setback: Existing. Required: O Proposed: 0 Side Setback: Existing: --Required.,-----E—Proposed.- O Combined Sides: Existing. b Required.• O 0 Distance Between Existing Ar Required: �P�roposed: NI J Proposed: Buildings Existing non - conformities or encroachments: 'Ft eor Variations requested: k o — r ff�r -V 'C %,� }-{Q �*1 � f CITY OF ASPEN, STATE OF COLORADO Administrative Appeal Hearing APPEAL PURSUANT TO ORDINANCE No. 19, SERIES OF 2006 In the Matter of the Appeal of NORTH OF NELL CONDOMINIUM ASSOCIATION And ) THE CITY OF ASPEN ) DETERMINATION OF ADMINISTRATIVE HEARING OFFICER The following is the determination of Administrative Hearing Officer Timothy R Whitsitt with respect to the appeal of North of Nell Condominium Association ( "North of Nell ") pursuant to the terms of The City of Aspen Ordinance No. 19, Series of 2006 ( "Ordinance 19 ") and regarding the application of the moratorium established by Ordinance 19 to the development plans for his property located at 555 E. Durant Avenue, Aspen, Colorado. Procedural Background Ordinance 19 was finally adopted by the Aspen City Council to become immediately effective pursuant to its declaration of emergency on April 25, 2006. That Ordinance established a moratorium of six months on the submission of new land use applications and upon the issuance of new Building Permits within certain designated zone districts, including the Commercial Lodge ( "CL ") Zone District in which the North of Nell is located. Ordinance 19 further incorporated a process for any property owner to lodge an appeal with the Cite as to the applicability of the moratorium to his property or development plans. All said appeals, under Section 5 of Ordinance 19, are to be heard by a Hearing Officer appointed by the City Manager. City Manager Steve Barwick has appointed the undersigned Hearing Officer to hear and determine appeals pursuant to Ordinance 19. While Ordinance 19 as originally adopted incorporated a six-month moratorium, the Aspen City Council on September 23, 2006; enacted an extension of that moratorium through February of 2007. The North of Nell, represents the ownership of the property located at 555 E. Durant Avenue, consisting of approximately 40 residential condominiums, 17 commercial condominiums and appurtenant parking and common amenities. It approached the Aspen Community Development Department with a plan to undertake certain cosmetic renovations to the South side of the first floor of the North of Nell building. It was rejected based upon the moratorium on permit applications under Ordinance 19. North of Nell has requested relief from the moratorium, claiming financial hardship under Section 53 of the Ordinance. That application for relief was accepted by the Community Development Department and an appeal hearing was scheduled by mutual agreement on September 29, 2006, in Aspen, Colorado. Appellant North of Nell was represented by General Manager Joe Raczak and architect Randy Wedum. Also attending the hearing to provide information as to the proposed construction project by the Residences at Little Nell was John Sarpa. The City of Aspen was represented by Senior Planner James Lindt. Factual Background The North of Nell has been in existence and occupied as a multiple use residential /commercial condominium complex since 1969. It is further noted that the North of Nell is considered nonconforming as it currently exceeds the useable FAR under the Commercial Core zone district regulations on the property on which it is located. For this reason, any increase in calculated FAR for the North of Nell is prohibited under the Aspen Municipal Code without. the grant of permission from the City for the increase in nonconformity. The development is adjacent, on its South side, to Dean Street, where the historic grade of that street left a portion of the North of Nell's first floor below street level. This condition has in the past led to a calculation under the FAR regulations which reduced the actual floor area calculation for the first floor of the North of Nell under the Code, due to its subgradc condition. An unrelated development on property across Dean Street from the North of Nell has resulted in an agreement with the City that the grade of Dean Street will be lowered approximately three (3) feet in connection with the commencement of construction of that project, which is scheduled to commence by April of 2007 (referred to hereinafter as "the Dean Street Project "). As a result, all of the first floor of the North of Nell building will subsequently be at grade on Dean Street. Corresponding with that change, the FAR calculation for the North of Nell will change since it will then be entirely at or above grade, resulting in an increase in calculated FAR. This increase in FAR results solely by virtue of the calculation under the Code as a result of the grade change in Dean Street and despite the fact that there will be no change whatsoever in the developed and occupied space within the North of Nell. North of Nell has determined that it would like to undertake a cosmetic renovation or reconstruction of the first floor exterior wall on the South side of its structure in connection with the change of grade of Dean Street, which will expose a portion of that wall that was previously subgrade and which, for that reason, has never been provided any exterior finish. North of Nell wishes to coordinate this project with the construction on Dean Street, however, it may not obtain a building permit for this construction without addressing the calculated increase in its nonconforming FAR and obtaining an approval for that increase from the City. That application and approval are, in rum, prohibited by the moratorium of Ordinance 19. North of Nell has no control over the timing and scheduling of the Dean Street Project. This project has been approved and is already scheduled for construction early in 2007. IfNorth of Nell is not permitted, due to the moratorium, to undertake its proposed renovation at the same time, then there will be several consequences. First, and most importantly, instead of a single construction project on Dean Street requiring closure of a portion of that street, traffic control and the attendant costs and inconvenience, there will be two such projects. This further results in exponentially increased construction costs for North of Nell in its own renovation project. Instead of having the opportunity to utilize the same contractors to undertake its renovation at the same time as the Dean Street project, it will be forced to re- mobilize those contractors or others at a later date, thus losing considerable economies of scale and duplicating mobilization costs. Even worse, the North of Nell contractors would end up needing to tear out some of the construction completed in the Dean Street Project in order to complete its work, at considerable inconvenience and additional cost. The testimony from Mssrs. Wedutn and Sarpa at the hearing indicated that the result would be to increase the North of Nell's project cost from approximately $250,000.00 to as much as $600,000.00. This testimony was supported by correspondence introduced by North of Nell from Mr. Jeffery W. Hanson, Operations Manager of Swinerton Builders. Swinerton is the general contractor for the Dean Street Project. Mr. Hanson's correspondence confirmed that costs would be greatly increased for North of Nell if it is not permitted to undertake its project along with the Dean Street Project. It is noted that the City did not dispute any of the evidence presented as to the substantial cost impact of forcing North of Nell to undertake its project after, rather than concurrent with, the Dean Street Project and at the hearing conceded that this situation constitutes a financial hardship. Determination Having considered the presentation of each of the parties at the hearing and the requirements of ordinance 19, the hearing officer determines as follows: I . 'There was considerable testimony and written documentation submitted supporting the position of North of Nell that the application of the moratorium, which would result inevitably in the delay of its construction project to follow the Dean Street Project instead of concurrent with it, would work a severe economic hardship upon North of Nell. It is determined that these increased costs do constitute unreasonable financial hardship constituting unrecoverable financial loss to appellant North of Nell. These costs and losses constitute increased project costs resulting from the application of the moratorium, which are separate from and independent of the base value of the property, IRS depreciation rules, or the residual value of the property. 2. The costs and losses that would be suffered by North of Nell are unique to its particular property and circumstances, such that its rights are being substantially deprived by the application of the moratorium. 3. It is further noted that this is not the sort of development activity which Ordinance 19 was intended to control, in that: a. The project involves the development of no new occupied space whatsoever, but is solely an exterior renovation to an existing, occupied structure; and b. The application of the moratorium in this instance will result in an increase rather than a decrease in construction activity on Dean Street, as it will prevent the merging of the Dean Street and North of Nell projects and prolong the disruption of vehicular and pedestrian use on Dean Street. Based upon the foregoing it is the determination of the Hearing Officer that if North of Nell is not permitted due to the application of the moratorium to make application to the City for an allowance of its increased FAR, it will suffer substantial financial hardship and substantial unrecoverable financial loss, the circumstances of which loss are unique to North of Nell. Therefore it is the determination of this Bearing Officer that North of Nell should be and is exempted from the application of the moratorium pursuant to Section S.B. of Ordinance 19, Series of 2006 for the purposes of said application and for any building permit application that may result therefrom. Dated- October 2, 2006 DAVIS HORN INCORPORATED 215 South Monarch Suite 104 Aspen, Colorado 81611 Telephone - 970 - 925 -6587 Telecopier - 970- 925 -5180 TELECOPIER COVER SHEET TO: Jessica Garrow FROM: Glenn Horn FAX #: 920 -5439 RE: Tables I 1 and 12 DATE: January 17, 2007 TOTAL # OF PAGES (includes cover sheet): 5 MESSAGE: Transmitted with this FAX is the Determination of the Administrative Hearing Officer for the North of Nell Condominium Association. RECEIVED JAN 17 2007 ASPEN BUILDING DEPARTMENT Page 1 of 1 1/ D Sara Adams From: Jessica Garrow Sent: Monday, February 12, 2007 2:51 PM To: Joyce Allgaier; Sara Adams Subject: North of Nell Hi Ladies — I just spoke with Glenn about North of Nell and thought I'd pass along what we discussed. I guess the North of Nell folks met with Stephen and Jason to discuss the design of the Dean Street side and decided they are not going to pursue a building permit for the cosmetic changes on the building. They are meeting with John Sarpa tomorrow to try and figure out a better way to design Dean Street. In the mean time, they are interested in taking advantage of the construction cost savings by doing changes when the Residences does theirs, so they are anxious to get a date for P &Z and Council. They are also interested in doing a combined PUD application. That's all I know. If I hear anything else from Glenn I will pass it along. Thanks, Jessica Jessica Garrow, Planner Community Development Dept. City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.com 2/13/2007 Page I of 1 Sara Adams From: Jessica Garrow Sent: Monday, February 12, 2007 1:19 PM To: Stephen Kanipe Cc: Sara Adams; Joyce Allgaier; Chris Bendon Subject: RE: North of Nell facelift and Dean St work This is sort of a complicated case — they want to do two different things: deal with changes relating to the Dean Street elevation change, and redo the exterior of the building. The Dean Street improvements require a land use application because of the FAR implications; they have submitted a land use application to create a PUD that would establish FAR. My understanding is that the exterior changes they are proposing separate from the changes relating to the Dean Street elevation change will not increase FAR, so they are allowed to apply for a building permit. Glenn Horn is the private planner on this, and I told him that while they could submit for those exterior changes, it would not be wise to do that since they are establishing a PUD that deals with design changes along one elevation (P &Z will probably not look kindly on them having a building permit for one thing while establishing a PUD for another). Also, because the PUD criteria deals a bit with design it is something that P &Z will review relating to the Dean Street alterations, so it behooves them to do everything at once (if the P &Z does not accept their proposed design changes on the Dean Street elevation they will have a really funny looking building that has a different design on one side of the building). The short of it is that we don't want them to come in for a building permit for the exterior changes prior to establishing the PUD, but we can't prohibit them from doing so. I believe Sara is the planner on the case, but I did the pre -app and have been talking with Glenn about it. Let me know if there are any other questions. Jessica Jessica Garrow, Planner City of Aspen Community Development Dept. 970.429.2780 From: Stephen Kanipe Sent: Monday, February 12, 2007 12:47 PM To: Community—Development—City Subject: North of Nell facelift and Dean St work Does this project require some land use approval? Do y'all have a case planner on it? Randy Wedem and Joe Raczak are planning to submit permit applications soon. Talk to me. sk 2/13/2007 Worth a/ We& Va&tenanee DATE DESCRIPTION 04/ -06/07 Dean Avenue Building Pen-nit BLDGPERMIT 705.00 CHECK DATE CONTROL NUMBER 04/06/07 5788 1 TOTALS City Of Aspen 705.00 II ■00SM13n■ i :L02L03407':202005465811' 5788 NET AMOUNT N 6 CHECK AMOUNT DEDUCTION 0.00 705.00 CHECK DATE CONTROL NUMBER 04/06/07 5788 1 TOTALS City Of Aspen 705.00 II ■00SM13n■ i :L02L03407':202005465811' 5788 NET AMOUNT N 6 ..1 MEMORANDUM TO: Chris Bendon FROM: Jason Lasser, Planner RE: The Residences at Little Nell — Insubstantial PUD Amendment DATE: March 28, 2007 SUMMARY: The Residences at Little Nell, LLC, Represented by Steven Spears of Design Workshop, has applied for an insubstantial amendment to the approved Residences at Little Nell Subdivision/PUD to amend the approved PUD to allow for modification to the Dean Street improvement plan to include additional pedestrian stair and ramp access to the North of Nell side of Dean Street. Ordinance No.30, Series of 2004, which approved the Residences at Little Nell Subdivision/PUD which contains language in Section 10: Subdivision & Final PUD Plans and in Section 11: Subdivision & PUD Agreement. The applicant is able to submit this application in spite of the Land Use Moratorium created by Ordinance No. 19, 2006, because insubstantial PUD amendments that do not increase floor area or density were exempted by Section 1 of Ord. No. 23, Series 2006. Review criteria and Staff Findings have been included as Exhibit A. APPLICANT: The Residences at Little Nell, LLC, Represented by Steven Spears from Design Workshop and Brooke Peterson LOCATION: 535 E. Dean St. ZONING: Lodge with a PUD overlay REVIEW PROCEDURE: The Community Development Director may approve, approve with conditions, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445.100, Planned Unit Developments. STAFF COMMENTS: In reviewing the Applicants request, Staff believes that the improvements to Dean St. are consistent with the approvals granted in Ordinance No. 30, Series of 2004, approving the Residences at Little Nell Subdivision/PUD. Staff finds that the improvements to Dean Street will enhance the character and pedestrian experience essential to the vitality and exposure along the newly developed portion of Dean Street between the Residences at Little Nell and the North of Nell. As stated in Section 11 (3) of Ord. No. 30, Series of 2004; The design, installation, maintenance and operational costs for new surface and sub - surface improvements to Dean Street shall be borne by the owner of the residences at little nellproject and it's successors and assigns. RECOMMENDATION: Staff believes that this application meets the review standards for granting an insubstantial PUD amendment and recommends that the Community Development Director approve this insubstantial PUD to allow for changes to be made to the landscape and Dean Street improvement plan with increased pedestrian access to the North of Nell. APPROVAL: I hereby approve this insubstantial amendment to the Residences at Little Nell Subdivision/PUD to allow modifications to the design of Dean Street to include additional pedestrian access to the North of Nell retail pedestrian corridor with the following condition: Demolition of Dean Street shall proceed with the approved re- designed improvements, however, if the North of Nell substantial PUD amendment is not approved, the design will revert back to the approved Dean Street plan of the Residences at Little Nell Pi ID Chns Bendon Community Development Director ACCEPTANCE: V� Date I, as a person being or representing the applicant, do hereby agree to the condition of this approval and certify the information provided in this application is correct to the best of my knowledge. Development, LLC IY 3 0¢ Date ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B — Application EXHIBITC — Revised Dean Street Improvement Plan 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. The Residences at Llittle Nell, LLC; c/o Brooke Peterson; 315 E. Hyman ste.305; Aspen, CO 81611.970.925.8166. Leal Description and Street Address of Subject Property: 535 E. Dean Street, Aspen, CO, 81611. Legally described as The Residences at Little Nell Subdivision PUD, Dean Street and the North of Nell building. Written Description of the Site Specific Plan and /or Attachment Describine Plan: Insubstantial Amendment to The Residences at Little Nell / Subdivision PUD for modifications to the Dean Street improvement plan. The changes include additional pedestrian access to the North of Nell side of the proposed development. The new development does not modify the width, landscaping or emergency access. Land Use Approval Received and Dates: Administrative approval granted April 9, 2006. Effective Date of Development Order: April 15, 2007. (Same as date of publication of notice of approval.) Expiration Date of Development Order: April 15, 2010. (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.) Issued this 9th day of April 2007, by the City of Aspen Community Development Director. �J o Chris Bendon, AICP Community Development Director City of Aspen C 1. A change in the use or character of the development. �, EXHIBIT A REVIEW CRITERIA Staff Finding: Staff does not believe that the proposed amendment will change the character of the development and will further compliance with the communities pedestrian goals. Stafffinds this criterion to be met. 2. An increase by greater than three (3) percent in the overall coverage of structures. Staff finds this criterion to be met. Staff Finding The amendment does not increase the overall coverage of structures. Stafffinds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Findinz: Trip generation and demand for public infrastructure are not impacted by this change. Stafffinds this criterion to be met. 4. A reduction by greater than three (3) percent of the approved open space Staff Findinz: The amount of open space will not be reduced as a result of this amendment. Stafffinds this criterion to be met. 5. A reduction by greater than one (1) percent of the off - street parking and loading space. Staff Finding The Applicant is not requesting an amendment to the existing or required number of parking spaces. Stafffinds this criterion to be met. 6. A reduction in required pavement widths or right -of -way for streets and easements. Staff Findinz: The applicant is not proposing changes to right -of -way widths. Emergency access width will remain the same as approved due to safety requirements. Staff finds this criterion to be met. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding_ The Applicant is not proposing changes to a commercial building. Staff finds this criterion to be met. 8. An increase of greater than one (1) percent in the approved residential density of the development. Staff Finding; The Applicant is not proposing an increase in residential density. Staff finds this criterion to be met. 9. Any change which is consistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: The proposed amendment is consistent with the project's original approval. Staff finds this criterion to be met. De; = Xhibf -L GALENA CTRR ❑-r C %.Jlue/Aorth of Nell Interfac e ® NORTH Not to Scale NEW STORMWATER FLOW LINE WITH DRAIN INLETS PROPOSED STAIRCASE PLANTER WALL(TYP) 'LA<A AIVU tAJI UtANAVtIVUt DESIGNTOKSHOp 120 East Main Srreer Aspen, CO 81611 970.925.8354 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site - specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 535 E. Dean St. Aspen, CO 81611. Legally described as The Residences at Little Nell /Subdivision PUD. The approval is to grant an insubstantial amendment to The Residences at Little Nell /Subdivision PUD, Ordinance No. 30, Series of 2004. The changes were approved pursuant to an administrative variance granted April 9, 2007, and the changes are depicted in the land use application on file with the City of Aspen. For further information contact Jason Lasser at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 429.2763. City of Aspen Published in The Aspen Times on April 23, 2007. Davis Horn- PLANNING & REAL ESTATE CONSULTING March 13, 2007 Jason Lasser City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: North of Nell Condominiums Planned Unit Development Dear Jason: The North of Nell Condominiums is represented by Davis Horn Incorporated in the captioned land use application. You will recall, last week we discussed the proposed sky light to be developed in the North of Nell Condominiums (see Elevations). As noted on page 3 of the land use application, according to the project architect, the existing height of the building is 38' 3 ". The majority of the building will be approximately 39' high. The Elevations in the land use applications depict a sky light. The installation of the sky light will increase the propose height above the 42' height limit in the CL zone. By way of this letter, the applicant amends the land use application to eliminate the sky light. Please contact me if you have any questions pertaining to this amendment to the application. Thanks. Sincerely, =0A1 PORATED cc: Joe Raczak, North of Nell ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925 -6587 • FAX: 970/925-5180 adavis @rof.net Shorn @roLnet Aec.rl t Iljl e P STAFF FINDING: I DOES IT COMPLY? I YES The expansion of overall floor area is exempt from GMQS, in accordance with Section 26.470.070.A.7. of the Code. The proposal will not increase net leasable square footage or the number of lodge units. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man -made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man -made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: I DOES IT COMPLY? I YES The structure has existed in this location for almost forty years and is located in an area of mixed uses. Pedestrian circulation will be improved by this development. The newly &;cated-retail on the south side of the existing building will be compatible with the surrounding land uses and natural and man-made characteristics with the proposed PUD. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: DOES IT COMPLY? I YES The proposed dimensional requirements seek to establish the existing dimensions as the legal standards for the property for an increase in floor area due to development activities of the neighboring property. The establishment of the PUD is to allow for a nonconformity created by the lowering of Dean Street. 3. The appropriate number of off - street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non - residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: I DOES IT COMPLY? I YES The existing number of off - street parking spaces will not be affected by this development. The existing pedestrian access, proximity to the bus station and proximity to the city center are consistent provide adequate alternatives for the development. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? YES According to the review by the Development Review Committee, there exists adequate infrastructure capabilities to the structure. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: I DOES IT COMPLY? I YES There are no natural hazards or critical site features impacted with the proposal. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns L i and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density is not proposed to be increased. This standard is not applicable because no new dwelling units or commercial space are proposed. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man -made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. STAFF FINDING: I DOES IT COMPLY? I NO The pedestrian experience around the North of Nell building is inconsistent and uninviting. There is a public space adjacent to the parking ramp, which is dark and disconnected from the Gondola Plaza. The Plaza side of the ramp houses ticket booths, which crowd the plaza and minimize transparency to the building. The north and west edges of the building are compromised by the proximity of the diagonal street parking. The goal of the D.E.P.P. (downtown enhancement and pedestrian plan) is to convert the diagonal to parallel parking while widening the sidewalk and increasing the amount of landscaping and pedestrian interaction. The visual impact of the proposed straight eave will elongate the perceived length of the building and will eliminate the specific reference to the past. Although the Dean Street improvements will affect the building to enhance the character for the mutual benefit of the various land uses and property users of the PUD, those changes are part of another PUD, The Residences at Little Nell. Staff finds that the proposal does not address the pedestrian experience and Staff finds that this criterion has not been met. 1 �y 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. STAFF FINDING I DOES IT COMPLY? I YES There is only one structure on the site so clustering has already been achieved. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. STAFF FINDING: DOES IT COMPLY? YES The structure is oriented parallel to the public street. The proposal will increase pedestrian movement and provide improved visual interest on the Dean Street elevation. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. STAFF FINDING: I DOES IT COMPLY? YES Fire and emergency service vehicle access is adequate to serve their needs. 5. Adequate pedestrian and handicapped access is provided. STAFF FINDING: I DOES IT COMPLY? I YES/NO There are sidewalks along the south, east and west sides of the property providing adequate pedestrian access, but there is a lack of handicap access on the South or West elevations. The structure was approved and constructed at a time when handicap access was not a requirement. To make the newly created retail on the Southwest corner handicap accessible an elevator would be required at the interior lobby of the West 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. STAFF FINDING: I DOES IT COMPLY? YES Site drainage appears to be accommodated properly and does not negatively impact surrounding properties 7. For non - residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man -made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: DOES IT COMPLY? YES The neighboring development is responsible for the landscaping associated with the lowering of Dean Street. The proposed development will provide adequate landscaping. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less- intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: DOES IT COMPLY? NO Although the design of the building is outdated, there are many condominium and lodge structures of the same era in Aspen that all contribute to the local architectural character and are appropriate for the environment in which they are located. The visual interest of the saw -tooth roof adds to the character of the building, seeking to reduce the perceived length of the eave. It is staff s opinion that the saw -tooth eave of the flat roof seeks to emulate a chalet style gable. The proposed straight line cut to the eave will increase the perceived mass and the addition of applied painted gutter seam brackets will not break up the building vertically. It is Staff s opinion that the request to demolish the saw -tooth roofline due to gutter pricing savings is not appropriate and is inconsistent with goals of the AACP as it relates to "Design Quality ". In addition to building's architectural character, the history of the project is significant as it relates to the initiation of Aspen's growth management system. The new height of the building (proposed) is of concern, as it seeks to maximize the overall height, increasing to 42'. The height is reached by applied architectural arches that have additional metal ornaments, which could vary by several inches in detail and construction. In addition, existing roof vents and chimney construction are not included in the drawings, but site examination finds the height of the elements to be questionable. It is Staff s opinion that the new arches do not warrant an increase in height and Staff is requesting that the existing saw -tooth roof remain. The lower saw -tooth eave does add to the architectural character at the pedestrian level, which Staff finds to be in compliance with the site design criterion; "existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved ". Staff has concerns about the vertical stucco `columns' and base materials. The columns framing the primary entry do not connect with the base and are stacked vertically on sidelight windows adjacent to the door. The base material only covers approximately two (2) feet of the ground level off of grade. It is Staffs opinion that the base material for the entire height of the ground level would be more consistent. Relating specific details, color and palette to the surrounding structures is not a requirement for the PUD. It is Staff s opinion that the proposed colors (teal, purple and terracotta) seek to match the Little Nell and Gondola Plaza buildings which will increase the perception of a `base village' which is inconsistent with the existing eclectic and diverse character. Section 26.412.030 Applicability, which applies to all commercial, lodging, and mixed use development with a commercial component, states that development which impacts the exterior of the building is subject to the Commercial Design Standards. Future exterior design changes will be subject to the Design Standards in place at the time of that application. Staff finds that the proposal does not address the pedestrian experience and Staff finds that this criterion has not been met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up- lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: I DOES IT COMPLY? I YES Staff has not yet reviewed the outdoor lighting for the building. Consequently, a condition of approval has been added requiring inspection of the lighting prior to sign off on any building permit and the bringing of any non - compliant lighting into G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: DOES IT COMPLY? I YES Dean Street improvements will affect the building to enhance the character for the mutual benefit of the various land uses and property users of the PUD. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur C an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. STAFF FINDING: I DOES IT COMPLY? I YES This development does not propose additional impacts to the City's infrastructure capabilities. I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. STAFF FINDING: DOES IT COMPLY? YES The structure has direct access from a public streets. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: I DOES IT COMPLY? I YES No additional traffic congestion is created by this development. J. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: I DOES IT COMPLY? I YES The establishment of the floor area will coincide with the lowering of Dean Street. CITY OF ASPEN, STATE OF COLORADO Administrative Appeal Hearing APPEAL PURSUANT TO ORDINANCE No. 19, SERIES OF 2006 In the Matter of the Appeal of NORTH OF NELL CONDOMINIUM ASSOCIATION And ) TIME CITY OF ASPEN ) _.. FxAi81r � DETERMINATION 0# ADMINISTRATIVE HEARING OFFICER The following is the determination of Administrative Hearing Officer Timothy R Whitsin with respect to the appeal of North of Nell Condominium Association ( "North of Nell" ) ' pursuant to the terms of The City of Aspen Ordinance No. 19, Series of 2006 ( "Ordinance 19 ") and regarding the application of the moratorium established by Ordinance 19 to the development plans for his property located at 555 E. Durant Avenue, Aspen, Colorado. Procedural Background Ordinance 19 was finally adopted by the Aspen City Council to become immediately effective pursuant to its declaration of emergency on April 25, 2006. That Ordinance established a moratorium of six months on the submission of new land use applications and upon the issuance of new Building Permits within certain designated zone districts, including the Commercial Lodge ( "CL's Zone District in which the North of Nell is located. Ordinance 19 further incorporated a process for any property owner to lodge an appeal with the City as to the applicability of the moratorium to his property or development plans. All said appeals, under Section 5 of Ordinance 19, are to be heard by a Hearing Officer appointed by the City Manager, City Manager Steve Barwick has appointed the undersigned hearing Officer to hear and determine appeals pursuant to Ordinance 19. While Ordinance 19 as originally adopted incorporated a six -month moratorium, the Aspen City Council on September 23, 2006; enacted an extension of that moratorium through February of 2007. The North of Nell, represents the ownership of the property located at 555 E. Durant Avenue, consisting of approximately 40 residential condominiums, 17 commercial condominiums and appurtenant parking and common amenities. It approached the Aspen Community Development Department with a plan to undertake certain cosmetic renovations to the South side of the first floor of the North of Nell building. It was rejected based upon the moratorium on permit applications under Ordinance 19. North of Nell has requested relief from the moratorium, claiming financial hardship under Section 5.B of the Ordinance, That application for relief was accepted by the Community Development Department and an appeal hearing was scheduled by mutual agreement on September 29, 2006, in Aspen, Colorado. ,Appellant North of Nell was represented by General Manager Joe Raczak and architect Randy Wedum, Also attending the hearing to provide information as to the proposed construction project by the Residences at little Nell was John Sarpa. The City of Aspen was represented by Senior Planner James Lindt. Factual Background The North of Nell has been in existence and occupied as a multiple use , residential /commercial condominium complex since 1969. It is further noted that the North of Nell is considered nonconforming as it currently exceeds the useable FAR under the Commercial Core zone district regulations on the property on which it is located. For this reason, any increase in calculated FAR for the Ntrrth of Nell is prohibited under the Aspen Municipal Code without . the grant of permission from the City for the increase in nonconformity. The development is adjacent, on its South side, to Dean Street, where the historic grade of that street left a portion of the North of Neil's first floor below street level. This condition has in the past led to a calculation under the FAR regulations which reduced the actual floor area calculation for the first floor of the North of Nell under the Code, due to its subgrade condition. An unrelated development on property across Dean Street from the North of Nell has resulted in an agreement with the City that the grade of Dean Street will be lowered approximately three (3) feet in connection with the commencement of construction of that project, which is scheduled to commence by April of 2007 (referred to hereinafter as "the Dean Street Project'D. As a result, all ofthe first floor of the North of Nell building will subsequently be at grade on Dean Street. Corresponding with that change, the FAR calculation for the North of Nell will change since it will then be entirely at or above grade, resulting in an increase in calculated FAR. This increase in FAR results solely by virtue of the calculation under the Code as a result of the grade change in Dean Street and despite the fact that there will be no change whatsoever in the developed and occupied space within the North of Nell. North of Nell has determined that it would like to undertake a cosmetic renovation or reconstruction of the first floor exterior wall on the South side of its structure in connection with the change of grade of Dean Street, which will expose a portion of that wall that was previously subgrade and which, for that reason, has never been provided any exterior finish. North of Nell wishes to coordinate this project with the construction on Dean Street, however, it may not obtain a building permit for this construction without addressing the calculated increase in its nonconforming FAR and obtaining an approval for that increase from the City. That application and approval are, in turn, prohibited by the moratorium of Ordinance 19, r North of Nell has no control over the timing and scheduling of the Dean Street Project. This project has been approved and is already scheduled for construction early in 2007. IfNorth of Nell is not permitted, due to the moratorium, to undertake its proposed renovation at the same time, then there will be several consequences. First, and most importantly, instead of a single contraction project on Dean Street requiring closure of a portion of that street, traffic control and the attendant costs and inconvenience, there will be two such projects. This fumer results in exponentially increased construction costs for North of Nell in its own renovation project. Instead of having the opportupity to utilize the same contractors to undertake its renovation at the same time as The Dean Street project, it will be forced to re- mobilize those contractors or others at a later date, thus losing considerable economies of scale and duplicating mobilization costs. Even worse, the North of Nell contractors would end up needing to tear out some of the construction completed in the Dean Street Project in order to complete Its work, at considerable inconvenience and additional cost. The testimony from Mssrs. Wedum and Satpa at the hearing indicated that the result would be to increase the North of Nell's project cost from approximately $250,000.00 to as much as $600,000.00. This testimony was supported by correspondence introduced by North of Nell from Mr. Jeffery W. Hanson, Operations Manager of Swinerton Builders. Swinerton is the general contractor for the Dean Street Project. Mr. Hanson's correspondence confirmed that costs would be greatly increased for North of Nell If it is not permitted to undertake its project along with the Dean Street Project. It is noted that the City did not dispute any of the evidence Presented as to the substantial cost impact of forcing North of Nell to undertake its project after, rather than concurrent with, the Dean Street Project and at the hearing conceded that this situation constitutes a financial hardship. Determination Having considered the presentation of each of the parties at the hearing and the requirements of Ordinance 19, the hearing officer determines as follows: I. 'There was considerable testimony and written documentation submitted supporting the position of North of Nell that the application of the moratorium, which would result inevitably in the delay of its construction project to follow the Dean Street Project instead of concurrent with it, would work a severe economic hardship upon North of Nell. It is determined that these increased costs do constitute unreasonable financial hardship constituting unrecoverable financial loss to appellant North of Nell. These costs and losses constitute increased project costs resulting from the application of the moratorium, which are separate from and independent of the base value of the property, IRS depreciation rules, or the residual. value of the property. 2. The costs and losses that would be suffered by North of Nell are unique to its particular property and circumstances, such that its rights are being substantially deprived by the application of the moratorium. 3 3. It is further noted that this Is not the sort of development activity which Ordinance 19 was intended to control, in that: a. The project involves the development of no new occupied space whatsoever, but is solely an exterior renovation to an existing, occupied structure; and b. The application of the moratorium in this instance will result in an increase rather than a decrease in construction activity on Dean Street, as it will prevent the merging of the Dean Street and North of Nell projects and prolong the disruption of vehicular and pedestrian use on Dean Street. Based upon the foregoing it is the determination of the Hearing Officer that if North of Nell is not permitted due to the application of the moratorium to make application to the City for an allowance of its increased FAP, it will suffer substantial financial hardship and substantial unrecoverable financial loss, the circumstances of which loss are unique to North of Nell. Therefore it is the determination of this Hearing Officer that North of Nell should be and is exempted from the application of the moratorium pursuant to Section S.B. of Ordinance 19, Series of 2006 for the purposes of said application and for any building permit application that may result therefrom. Dated: October 2, 2006 EXHIBIT C DRC MINUTES DRC COMMENTS: Eneineerine Department: Adam - Timeline for this summer? - Improvements before /after? -Work starts April 18 w/ or w/o North of Nell. - Modify drawings prior to April 18 -Dean St. improvements must happen at once Triscia: -Tie storm pipe with Dean Street -3 sides of roof will drain into storm pipe, fees? - Drainage, changing pattern needs to be addressed 2. Building Department Denis: - Construction management plan? - Provide required accessible routes. -needs to be accessible all 4 sides -Ramps to be IBC compliant - Galena Street access required. -Ramp for access to South storefronts -RLN permit is for site plan - Steven Spears from Design Workshop for site plan Asoen Sanitation District Tom - Moving main sewer line for both buildings -Need to know process for abandoning line -Joe R. to talk with ACSD - Secondary Service? - Agreement is not the same? concerns from Tom. 4. Zoning Todd: -New Plat required: Need correct number of units. - Current plat shows 12 units (not 14) for Comm. -38 units or 42 for residential, amend plat? - Clarification/legal advice on split units -Plat for downstairs (comm.) and upper (resident.) -Fees: TDM .46 per sqft. /Parks 4.10 per net increase - Lighting Plan must comply 5. Fire Ed: - Maintain width for apparatus (Design Workshop) - Complies with 20'/16' clear width C 0 6. Parks Brian. - Trimming/pruning work must be with city contractor, after consulting with forester. -The applicant pays for work to trees - Consult for Galena/Durant- need to consult prior to construction - Active irrigation for trees - Irrigation to be installed w/ sidewalks - Existing snowmelt will remain (replaced w/ new) - Evaluating existing trees (hazardous conditions) tXHIB1T ,� • M TAIN FOR PERJdkt=istT KE> u..: A :'AMENT 2 —LAND USE APPLICATION Nan•c: — N 0 l) Location: SS s, N.r.•t.�r A- ,1 (Indicate street address, lot & block number, Icgal dcecription where appropriate) Parccl ID # (REQUIRED) -L. l b71 1 ti•'L " of n ,r t REPRESENTATIVE: Name: G 2nn IAuM t �etJ. s �r4L%c-A T1•�C. Address: 21S Phone #: G,25-- Name: o Fah d F Me. L l V 0 a Address: SS S 7t S r n Phone #: �e QZwL Zt�-t l q2 s —ts(l7 TYPE OF APPLICATION: (please check all that annlvt- ❑ ❑ Conditional Use Special Review 0/ Conceptual PUD [Final PUD ❑ Conceptual Historic Dean. (& PUD Amendment ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc,) r- ucst-tr FA -7 k-4?- 0( use r�,,A.t•tdtf> PROPOSAL: (description of proposed buildings uses modifications etc.) S`•w,e ���1.1<r,. �LourJ�re� 'ti- L.:•�.� 1�?- iexc.''eOLa&J4 !Hj!ye you attached the following? FEES DUE: $_L?Z -- - Application Conference Summary L�/lttachment #I, Signed Fee Agreement V 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. lL? �ER�►d�iiT ItEC�ii�il _____ CITY OF ASPEN COMMUNITY DEVELOPMENT CAE' )ARTMENT raement for Payrnent of City of Ashen Deye ti )meat Anallcatlon Fees CITY Ol' ASP &N (hereinafter CITY) and Ndr'r of (hereinal zr APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application f )r u p 'gyp M'a' (hereimal ter, THE PROJECT). --cT1 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establish s a fee structtue for Land Use applications and the payment -f all processing fees is a condition precedent to a dote mination of application completeness. 3. APPLICANT and CRY agree that because of the si :e, nature or scope of the proposed project, it is not p risible at this time to ascertain the full extent of the cc sus involved in processing the application. APPLICANT and CRY further agree that it is in the interest of the p uties that APPLICANT make payment of an initial d:posit and to thereafter permit additional costa to be bi led to APPLICANT on a monthly basis. APPLIC ANT agrees additional costs utay accrue f011owing their he un gs and/or approvals, APPLICANT agrees he will be�ienefttcd by retaining great" crib liquidity and will make +dditional payments upon notification by the CITY w ten they are necessary as costs are incurred. CITY agrees it vill be benefited through the greater certainty of mcov zing its toll costs to process APPLICANT'S application. 4. CRY and APPLICANT further agree that it is impracticable for CITY staff to complete processi rg or present sufficient information to the Planning Commissi m and/or City Council to enable the Planning Commis )ion and/or City Council to make legally required findings (o project consideration, unless current billings ue paid in full prior to decision. S. Therefore, APPLICANT agrees that in considort.tic t of the CITY'S waiver of its tight to collect full fee: prior to a determination of application completeness. API LICANT shall pay an initial deposit in the amount )f S 1!1'7 -Z which is for L7— hours of Corn unity Development staff titre, and if actual recorder costs exceed the initial deposit, APPLICANT shall pay add tional monthly billings to CITY to reimburse the CIT! for the processing of the application mentioned above, inclu ling post approval review at a rate of MOM per plan aer hour over the initial deposit, Such periodic payments sh: II be made within 30 days of the billing date. APPLI( ANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no ca a: will building permits be issued until all costs associated I01. me processing have been paid. CITY ( IF ASPEN By.— CI trig Bendon C, immunity Development Director gtlsupF ertUormslagrpayas.doc 1/10/01 APPLI -ANT :I't)e Q e.C, —7 r K t. Mailin t Address: 5 •: 5 y.A.r4.n -r t t c,perti r t`,g, $16ti b 'd 9LM'IN W(INIWOONCO 111N d0 HAON WdOI 6 L006 'l9'upf t, `;17ACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: V o rrl; vF fV` c 1 ?v o Applicant: NJirh .,F Alotl Location: Existing•.s_.&iAllowable: t 00° proposed: 88 t 6 `i O Zone District: C L Lot Size: Proposed: 13t Lot Area: Existing: v0 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) ' l"1°l1l _ Commercial net leasable: Existing: �� Proposed: C' Number of residential units: Existing: H° Proposed.• HO Number of bedrooms: Existing: _ 8't Proposed.•_ 91 Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing•.s_.&iAllowable: t 00° proposed: 88 t 6 `i O Principal bldg. height: Existing.- '6W'3" Allowable: t•1L Proposed: 13t Access. bldg. height: Existing: N ( %Allowable: M k Proposed: N A- On-Site parking: Existing _Q=—Required — proposed. z % Site coverage: Existing: 1 p0 Required: N A' Proposed.• 100 % Open Space: Existing: Required: O Proposed: V Front Setback: Existing: a Required: t7 Proposed: O Rear Setback: Existing. Required: O Proposed : -0 Combined F /R: Existing: Required. Proposed: a Side Setback: Existing: O Required: O Proposed: O Side Setback: Existing:--a-Required: O Proposed: O Combined Sides: Existing:___! Required: O Proposed: n Distance Between Existing Nk Required: NL Proposed: Buildings Existing non - conformities or encroachments: F1 vor N-/' eK t Variations requested: V \ o . f 1-**v rc- . , 2,•„ r ` ,^y V4 C2 L;, IA,f GALENA 9�REET NEW STORMWATER FLOW LINE WITH DRAIN INLETS PROPOSED STAIRCASE PLANTER WALL (TYP) 16.5' WIDE STAIRCASE LIMIT OF CHANGE FROM EXISTING DEAL AVENUE (PER RLN P DD) NEW RETAIL ENTRANCES PER NORTH OF NELL CONCEPT (TYP) 16.5' WIDE STAIRCASE DRTH OF NELL BUILDING -E: 34.84 16.5' WIDE STAIRCASE 6 -0" WIDE PATHWAY (MATERIALS TBD) SIDEWALK WITH STAIRS (5] WIDE) PROVIDING ACCESS FROM GONDOLA PLAZA AND EAST DEAN AVENUE Dean Avenue /North of Nell Interface ®NORTH noEacNmSuce, OP Pxhib(L 6 Nolen Scale Aapen,C081611 970.925.8354 Rf x x m ti t" Ex+ii z rr !� MINUTES May 15, 2007 COMMENTS............................................................................... ..............................2 DECLARATION OF CONFLICTS OF INTEREST .................. ..............................2 NORTH OF NELL PUD ............................................................. ..............................2 ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES May 15, 2007 Ruth opened the regular Planning & Zoning meeting in the Sister Cities Meeting Room. Commissioners John Rowland, David Guthrie, Dylan Johns, LJ Erspamer, and Ruth Kruger were present. Brian Speck and Steve Skadron were excused. Staff in attendance: Joyce Allgaier, Jessica Garrow, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger thanked City Council for the support of upholding the 1001 Ute decision. Kruger suggested postponing the minutes until the next meeting and breaking the minutes into 3 sets at a time. DECLARATION OF CONFLICTS OF INTEREST None stated. PUBLIC HEARING: NORTH OF NELL PUD Ruth Kruger opened the public hearing North of Nell PUD. Notice was provided. Kruger asked why this came through the P &Z and Council and not just an administrative decision. Jessica Garrow responded that a PUD was needed as well as P &Z and Council approval. Jason Lasser explained that Dean Street was being lowered with a pedestrian access plan; there was no increase to the building but the hearing officer, Tim Whitsitt, stated the grade change was from the construction on Dean Street. Staff and the hearing officer determined the construction activity of fixing the southern fagade would be exempted because of the existing construction on Dean Street. Lasser distributed a new Resolution # 19 with changes in the conditions; the word applicable was added to # 1; the applicant would provide graphic calculations; the installation of an elevator to comply with ADA requirements; the height of the building to be calculated; lighting plan added prior to recording the plat. This project would be a nice addition to Dean Street. Joyce Allgaier stated that the applicant's planner, Glenn Horn, presented new information, which were some architectural changes to the building, such as changes to the balcony railings, an additional cornice at the rooftop, removal of the saw tooth edge and building up of the vertical members of the outside of the building. Allgaier said that for these architectural exterior changes could be accomplished by Community Development administratively and were not subject to the moratorium and staff would like to see the entire PUD package come as one piece to P &Z. 2 MINUTES May 15, 2007 Jim True said that staff could address the architectural aspects. True stated that P &Z had the discretion to consider everything tonight, or hear only the PUD, or continue the whole hearing. Jason Lasser said that the architectural drawings did not reflect the new changes. Glenn Hom said that Randy Wedum was the architect, Joe Raczak was the manager of the North of Nell and Steve Spears was from The Residences at Little Nell. Horn noted that this project went through 3 City Planners. The North of Nell was built in 1969 and represents the architecture of that era. Horn stated that part of the PUD was to include a make -over for the building, cosmetic face -lift and submitted architectural plans. Horn said that they could present the architectural plans and staff could have time to review those plans and this could come back with answers to the questions. Joe Raczak said that they were told this could be a cosmetic improvement done administratively with Community Development and the Dean Avenue improvements made the North of Nell go through a major process. Steve Spears said that the Residences were to construct the entire Dean Avenue right -of -way from Galena to the Gondola Plaza and maintain through perpetuity. Spears said part of the approval of the Residences was to redesign and re- engineer Dean Street to make it the best street in Aspen with the richest pavers. Dean Avenue was lowered, which exposed the North of Nell blank wall. Randy Wedum utilized drawings to illustrate the architectural changes to the fagade to break up the block building with vertical columns, railings and a stone base using the red base stone. There were stairs up to Dean Street. Horn said the basic PUD was simple; there was no increase in net leaseable. Guthrie stated this retail /commercial space would not be affordable "mom and pop" space but rather high end retail. Kruger noted that the North of Nell was forced to redo the space. Guthrie said that it was definitely a terrible space prior to the remodel. Lasser stated from the hearing officer report "solely by virtue of the calculation under the code as a result in the grade change in Dean Street and despite the fact that there will be no change what so ever in the developed occupied space change within the North of Nell ". 3 C ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES May 15, 2007 LJ Erspamer asked where the elevator was being added. Wedum replied the lift was where Stephen Kalein was located on the west side; there were 2 steps down from Galena. Lasser explained this request for a lift came from the DRC (Development Review Committee). No public comments. Dylan Johns said that exterior renovation would enhance the area of town. Johns requested front and side elevations to illustrate the building as an element itself. John Rowland said that vitality for Dean Street would be created and the new direction for architecture was good. LJ Erspamer echoed John and Dylan's thoughts. David Guthrie said that this was an improvement. Ruth Kruger congratulated the applicant for the improvements with the number of owners to bring the project to this point. MOTION: Dylan Johns move to continue the public hearing for the North of Nell to June 5`"; seconded by John Rowland. All in favor, approved. MOTION: LJErspamer moved to adjourn the meeting; seconded by David Guthrie. All in favor, approved. Jackie Lothian, Deputy City Clerk 11 RESOLUTION N0. 199 (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON- CONFORMING DIMENSIONAL STANDARDS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-49051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development (as described in attached Exhibit A); and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, Parking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3 - 2); and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 17" DAY OF JULY 2007, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, parcel identification of 2737-182-4905 1, the Aspen Planning bXH1B1T G A and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. 2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design of all future balcony enclosures as approved by the Sagewood Condominium Association. The design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. 4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN AT ITS REGULAR MEETING ON THIS 17' DAY OF JULY, 2007. C APPROVED AS TO FORM: PLANNING COMMISSION: John Worcester, City Attorney Dylan Johns, Chair ATTEST: Jackie Lothian, Deputy City Clerk AND ZONING • N x^ 'L F« `j. i`. i R c Itt I x1116 tT � PROPOSED FLOOR AREA ANALYSIS IN SQUARE FEET TOTAL FLOOR AREA Lot Area 279886 Total Floor Area 83,739 Total F. A. R. 3:1 Total Permitted F.A.R. 3:1 COMMERCIAL FLOOR AREA Lot Area 279886 Commercial Floor Area 229924 Commercial F.A.R. .82:1 Permitted Commercial F.A.R. 1:1 RESIDENTIAL FLOOR AREA Lot Area 27,886 Residential Floor Area 60,815 Residential F.A.R. 2.18:1 Permitted Residential F.A.R. .5:1 EXISTING FLOOR AREA ANALYSIS IN SQUARE FEET TOTAL FLOOR AREA Lot Area 27,886 Total Floor Area 82,306 Total F. A. R. 2.9:1 Total Permitted F.A.R. 3:1 COMMERCIAL FLOOR AREA Lot Area 27,886 Commercial Floor Area 21,154 Commercial F.A.R. .76:1 Permitted Commercial F.A.R. 1:1 RESIDENTIAL FLOOR AREA Lot Area 27,886 Residential Floor Area 60,762 Residential F.A.R. 2.17:1 Permitted Residential F.A.R. .5:1 Ca Y6£S6Z6'OZ6 1 1919 OD 'u3dsv 12211S UIEW 1993 oz dOHSIN HOMMISM OPOS of ION H1110N ® a:)uJK)lul 1PN JO IPJ0NpnuanV u -eaQ 3nN3AV NV301SV3 ONVVZVId V100NOO INONd SS333V ONIOIAONd (301M IG) SNIVIS H11M NlVM30IS (091 S1VIN31VW) AVMHlVd 3OIM „0-,9 3SVONIVIS 30IM S "9L tl8't,E : 3 ONIGIM8 TlEN zJO Hi2]( (dAl) Id33N00113N JO H1NON N3d S30NVN1N3lIV13N W N I ( v as e ('0Yl'd WIN N3d) 3f1N3AV CV3O ONIISIX3 WONd 39NVH3 d0 lIW11 3SVONIVIS MIM S'% (dAl) TIVM N31NV Id 3SVONIVIS 03SOdONd S131NI NIVNO 3NI1 M01d N3IVMWNOIS M3N Tr;F'4xTC FIKgIVf) PSE8'5MOZ6 aleaS 0110N 11918 OD `uadsy 10a13s u. w lsed OZI H1L10N (101M I01MOISM 3nN3AV NV301Stl3 0NVVZVId VIO0N09 W01: H SS300V ONIOIAONd (3(31M ,LS) S20tl1S Hi1M NlVM301S C(091 S-1V1831VW) AVMH1Vd 301M „0-.9 3SV01dItl1S MIM S'9L t,9,K : 333 JNimin8 113N JO HlaON (dAD 1d30N00113N HO H1NON L13d S30NVdiN3 lIV13N M3N V z J .m J J W Z LL O gXX'Xl eXX'Xl r ('and WN N3d) 3nN3AV 0JV30 EJNIISIX3 WOU=l 30NVH3 HO 11W1 U 0,% z_ n_ a pn, J 3SV0*d1VLS 301M.S 9l :r CO J � J j W z LL 0 (dAl)11VM 1d31NV1d O3SV0b1ViS 03SOdObd S131NI NIb210 HIM 3NI1 MO1H UM&MMO1S M3N 3 :7JJaJuI 1PN JO IIIJON/anuanV ur,aQ i i I �r �I r yJ : ?I y110® ■li?SQGVGL.�i:7 ■ ,. Ifl1II IElilll � II'"i�IN 1 1 1 i? b ■ 1 1 '7i II J Ann ilk _' 1 I I�1 n Eo x a 0 Q 0 R9 _ _ AvK�oo_ SCkM LNj tldG'I0 80ueGLl4s)Q; TS7:TNTC HITTA7Hrl HI 0 i Q Q ° of l a -- 0,% n_ a pn, X51. 7 -z ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:�� ri V V ��A/ /N�� A y L , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Ocr. IZ 4 , 200: STATE OF COLORADO ) ) ss. County of Pitkin ) 1, JASON LA SS p,, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the "public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public 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 nextpage) 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. Si ture The foregoing "Affidavit of Notice" was acknowledged before me this _ft day of (,oU $fi 2004 by PUBLIC NOTICE RE: 555 E. DURANT AVE. NORTH OF NELL CONDOMINIUMS PUNNED UNIT DEVELOPMENT East redo a1fi awarded applicant to set the WITNESS NIY HAND AND My co ssion expires: I.6 Public ATTACHMENTS: be reviewed under the PUD. The property is cur Cppy ppTHEPiJBI.ICATION rently zoned Commercial Lod The proper ty is legally described as The oft of Nell Condo minium Association, 555 East Durant Ave, Aspen, Colorado further Inf t. For Information, "OTOGR4PH OF THE POSTED NOTICE (SIGA9 ofAs Comm nity Development Depart ment, 130 S. Galena St., Aspen, CO, (970) °29.2763' jasonlQuaspen.00.us. 7NERS AND GOVERNMENTAL AGENCIES NOTICED s/ Michael C. Ireland, Mayor Aspen City Council BYMAIL Published in the Aspen Times Weedy on August 5, 2007.(516673) SEAL My Commission E*rss 09/2512009 9, T C My Commission E*rss 09/2512009 VII a.. MEMORANDUM TO: Mayor Ireland and City Council FROM: Jason Lasser, Planner )L THRU: Chris Bendon, Community Development Director DATE OF MEMO: August 21, 2007 MEETING DATE: August 27, 2007 RE: 555 East Durant Avenue- Planned Unit Development (PUD), First Reading of Ordinance #Z Series of 2007, Second Reading is scheduled for September 10, 2007. REQUEST OF COUNCIL: City Council is asked to grant approval for the development of a Planned Unit Development (PUD) on the property known as the North of Nell, located at 555 East Durant Avenue. The North of Nell Condominium Association, represented by its Manager, Joe Raczak, has submitted this land use application requesting the following: 1.) PUD overlay of the property to establish the dimensional standards for the structure as conforming; and 2.) PUD to approve the increased calculated floor area of the structure by 1,433 square feet due to exposure of an existing wall from the lowering of Dean Street; and 3.) PUD to approve the increased calculated floor area of the structure by sq ft to allow for exterior mechanical wall covers to be constructed, which will enclose part of the existing deck space. BACKGROUND: The North of Nell Condominium building was built in 1969 in compliance with the standards in effect at the time. According to the Section 26.312.020 and 26.312.030 of the Code, non - conforming uses and structures may continue to operate as they are, but only normal maintenance procedures can be conducted and no extensions or expansions are allowed. The North of Nell Condominiums will be affected by the new development of the Residences at Little Nell on Dean Street. The lowering of the street will expose additional existing building wall of the North of Nell, which will increase the calculated floor area. In order to help rectify the situation, the applicant proposes a PUD overlay to establish the existing non - conforming dimensional standards as legal for this property. REVIEW PROCESS: The applicant requests the following land use approvals for the project described above: Page] of 3 1) Planned Unit Development (PUD); According to Section 26.445.040 of the Land Use Code, establishment of dimensional requirements and density may be approved with the adoption of a Final PUD development plan. In this case, the applicant proposes a PUD to establish the existing floor area; Final Review Authority: City Council BACKGROUND/EXISTING CONDITIONS: The North of Nell is a mixed -use commercial /residential development with 40 residential and 12 commercial units. Existing underground parking holds 61 spaces. A shop, storage and utility rooms are also located in the basement. The building is located in the Commercial Lodge (CL) zone district. Total floor area in the zone district is limited to a floor area ratio (FAR) of 3:1. According to the applicant, the FAR of the existing building is 3.1:1 (82,306 sq ft: 27,886 sq fl). Due to the lowering of Dean Street the total floor area of the existing building will be increased approximately 1,433 sq ft, which increases the total to 83,739 square feet. The new FAR will be 3.1:1 (83,739: 27,886 sq ft). On October 2, 2006, Hearing Officer Timothy E. Whitsitt noted that the improvements and construction activity on Dean Street should coincide with the neighboring development to prevent prolonging the disruption of vehicular and pedestrian use. However, "it may not obtain a building permit for this construction without addressing the calculated increase in it's nonconforming FAR and obtaining an approval for that increase from the City ". Therefore, this application for an increase in FAR is exempt from the moratorium. TOTAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA LOT AREA 27,886 27,886 TOTAL FLOOR AREA 82,306 83,739 TOTAL F.A.R. 3:1 3:1(.82+2.18) TOTAL PERMITTED F.A.R. 3:1 3:1 COMMERCIAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA LOT AREA 27,886 27,886 TOTAL FLOOR AREA 21,154 22,924 TOTAL F.A.R. .76:1 .82:1 TOTAL PERMITTED F.A.R. 1:1 1:1 RESIDENTIAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA LOT AREA 27,886 27,886 TOTAL FLOOR AREA 60,762 60,815 TOTAL F.A.R. 2.17:1 2.18:1 TOTAL PERMITTED F.A.R. .5:1 .5:1 Page 2 of 3 DISCUSSION: PLANNED UNIT DEVELOPMENT (PUD): The Applicant is requesting Planned Unit Development (PUD) approval to establish dimensional standards for the structure as conforming pursuant to the definition of a planned unit development.I In reviewing the planned unit development (PUD) portion of the application, Stafffinds that the proposal meets the applicable planned unit development review standards established in Land Use Code Section 26.445.050, Review Standards, as outlined in Exhibit A. Staff finds that the proposal is consistent with the development goals established in the 2000 Aspen Area Community Plan. The Planning and Zoning Commission recommended approval of the Planned Unit Development (PUD) to City Council by a vote of three to two (3 — 2). RECOMMENDED ACTION: Staff finds that the Planned Unit Development criteria are met, and recommends approval. PROPOSED MOTION: "I move to approve Ordinance #31f Series of 2007 upon First Reading." CITY MANAGER COMMENTS ATTACHMENTS: Exhibit A: Planned Unit Development (PUD) — Staff Findings Exhibit B: Determination of Administrative Hearing Officer Exhibit C: DRC minutes /notes Exhibit D: Application Exhibit E: Dean (Ave.) Street improvement plans Exhibit F: May 15, 2007, July 17, 2007 P +Z Minutes Exhibit G: Resolution No. 19, Series of 2007 Exhibit H: Saw -tooth Roof Images Exhibit I: Applicant F.A.R. Calculations 'Planned Unit Development, pursuant to Land Use Code section 26.445.040, is defined as "a zoning overlay classification or designation under which certain zone district regulations may be varied to encourage Flexibility and innovation in the development of land..." Page 3 of 3 ORDINANCE N0.7?(�, (SERIES OF 2007) A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON - CONFORMING DIMENSIONAL STANDARDS WITH CONDITIONS, FOR THE NORTH OF NELL CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-49051 WHEREAS, the Community Development Department received an application from the North of Nell Condominium Association (Applicant), requesting approval of a Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H and 1, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the lowering of Dean Street; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, Parking, City Engineering, Building, and Parks, as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommends approval of the Planned Unit Development for the North of Nell Condominiums with conditions; and, WHEREAS, the Planning and Zoning Commission reviewed the application at a public hearing on May 15th, 2007, and upon recommendation of the Community Development Department, continued the public hearing to June 5th, 2007; and, WHEREAS, the Planning and Zoning Commission did not meet due to lack of quorum on June 5, 2007, and upon recommendation of the Community Development Department, continued the public hearing to July 17, 2007; and, WHEREAS, upon further review of the application at the July 17th continuance, the Planning and Zoning Commission considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and, WHEREAS, on July 17th, 2007, via Resolution No. 19 (Series of 2007), the City of Aspen Planning and Zoning Commission considered and discussed the application and found that the development proposal meets all applicable development standards and that the approvals and recommendation of approval of the land use requests were consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the Resolution (No. 19, Series of 2007) furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission found that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of three to two (3 -2); and, WHEREAS, during a duly noticed public hearing on September 10, 2007, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. _, Series of 2007, approving with conditions, a planned unit development to legalize the existing non - conforming dimensional requirements and an amendment to the official zone district map; and, WHEREAS, the City Council finds that the development proposal meets many of the applicable development standards and where the standards are varied, 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 AS FOLLOWS: Section 1: Plat and Agreement The Applicant shall record a PUD agreement that meets the requirements of Land Use Code Chapter 26.445.070 (C) PUD Agreement, within 180 days of approval if City Council provides final approval of the PUD request. Section 2: Zoning Map The Community Development Director shall cause an amendment to the City of Aspen Official Zone District Map to reflect a Planned Unit Development (PUD) overlay on the property described as 555 east Durant Street, Lots A,B,C,D,E,F,G,H, and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado Section 3: Dimensional Calculations Dimensional calculations of this PUD shall be as follows as presented by the applicant to the Planning and Zoning Commission for the July 17`" public hearing: TOTAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA LOT AREA 27,886 27,886 TOTAL FLOOR AREA 82,306 83,739 TOTAL F.A.R. 3:1 3:1(.82+2.18) TOTAL PERMITTED F.A.R. 3:1 3:1 COMMERCIAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA LOT AREA 27,886 27,886 TOTAL FLOOR AREA 21,154 22,924 TOTAL F.A.R. .76:1 .82:1 TOTAL PERMITTED F.A.R. 1:1 1:1 RESIDENTIAL FLOOR AREA EXISTING FLOOR AREA PROPOSED FLOOR AREA LOT AREA 27,886 27,886 TOTAL FLOOR AREA 60,762 60,815 TOTAL F.A.R. 2.17:1 2.18:1 TOTAL PERMITTED F.A.R. .5:1 .5:1 Section 4:Conditions Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, North of Nell Condominiums, parcel identification of 2737 - 182 - 49051, the Aspen Planning and Zoning Commission recommends approval of the proposed Planned Unit Development, subject to the following conditions: Prior to final approval, the applicant will provide a PUD plat that reflects actual floor area and ratio as calculated according to the Aspen Land Use Code. 2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 3. Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design of all future balcony enclosures as approved by the Sagewood Condominium Association. The design shall be approved by the Community Development Director. Building permit applications shall conform to the approved design. 4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. Section 5: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: 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 conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of August, 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2007. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor R EXHIBIT A PLANNED UNIT DEVELOPMENT PLANNED UNIT DEVELOPMENT. A development application for PUD shall comply with the following standards and requirements (staff findings follow each requirement): A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: I DOES IT COMPLY? I YES The proposed development is consistent with all applicable elements of the AACP, specifically with regard to community character. The AACP emphasizes the need to "create spaces" and to "encourage a diverse retail environment'. The PUD will legalize the existing dimensional requirements which will be affected by the lowering of Dean Street. The excavation will expose additional existing wall area which affects the calculation of floor area. The newly exposed wall will serve as a new pedestrian retail fagade that connects to the Gondola plaza. Staff finds this to be consistent with the AACP. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: I DOES IT COMPLY? YES The character of the existing land uses in the area is characterized with a variety of uses - residential, commercial, lodge and office. The proposed PUD is consistent with this character of mixed land uses. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES This proposal should not have an adverse impact on the future development of the surrounding area. The newly created pedestrian street is consistent with the present and future uses for the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. � A r ATTA( FiMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: S S 5 SST` ]7 . rte. ✓� T— , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Jam`( im_m h Q r 10 200-7 STATE OF COLORADO ) ss. County of Pitkin ) I, 3-c") �f' r (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: — Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. V 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 1 7 day of Sr. pt51n b e( 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _Mailing ofnotice. 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 nextpage) R ED SEW {) 2Wa CITY OF ASPEN COMMUNITY DEVELOPMENT ppMENT I ^N 4 Whenever the official zoning distne: mat;•'.^ .... any way :o �-e th~n e.: - amended incidental to or as part of a gcitef -: - Is L%4- of this Title, o: K tent v ; the text of this Title is to be amended, w1wthe'rsuaa revision be made )y 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. The foregoing "Affidavit of Notice" was aclmowledged before me this �4-7 day of 5 ja&aA 2007 by �,c S. �a zZAI-- WITNESS MX HAND AND OFFICIAL SEAL `�• JANE T•••' LYNN My commission expires: U' RACZAK Or �p Pub IdI Gmrtissbn Ez{i� to -G - Zoa � ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL RECEIVED SEP 10 1007 CITY OF ASPEN C OMM N Ty DEVELOPMENT PUBLIC NOTICE RE: 555 E. DURANT AVE. NORTH OF NELL CONDOMINIUMS PLANNED UNIT DEVELOPMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 10, 2007, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by The North of Nell Condominium Association, 555 East Durant Ave, Aspen, Colorado 81611, manager of the subject property, represented by Glenn Hom of Davis Horn, Inc. The applicant is requesting to establish a PUD in order to set the allowable Floor Area Ratio (FAR) on the property. An increase in the allowable FAR on the property is requested because the lowering of Dean Street will expose additional wall area resulting in an increase in FAR. In addition, the applicant is requesting exterior architectural changes to be reviewed under the PUD. The property is currently zoned Commercial Lodge (CL). The property is legally described as The North of Nell Condominium Association, 555 East Durant Ave, Aspen, Colorado 81611. For further information, contact Jason Lasser at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2763,jasonl@ci.aspen.co.us. s/ Mihcael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on August 5, 2007 City of Aspen Account RECEDED SEP 10 2007 ClTy C�1M N >OF ASPEtV DEVELOPMENT I orth of Ne,ll Octohcr 9. 2007 V,Ir. Jason Lasser ('itv of Aspen Community Development 130 S. Galena Street \spcn. CO 81611 D' arJason, Anachcd )o this letter are the following items you have requested. 'lurcnt Dean Street Improvement approved Construction Documents in 24" x >6" and I I " .x 17" format. i:levations requested per our meeting regarding height issues. The North of Nell Condominium Association will not emulate the Little Nell colors and in ii s color scheme. A number of earth tone combinations are being considered. flcasc un c me a call with any questions. Sincerely. (V�� toe Itaczak CienciA Manager 555 E. Durant Avenue • Aspen, Colorado 81611 (970) 925 -1510 • (800) 481 -1510 • Fax (970) 925 -1550 Web: www.northofnell.com E -mail: northofnell @sopris.net A� 07 li LX)O0 T Dean Avenue/North of Nell Interface WVV x1ORN MRFLMLMWTH 165' NOE STNR OF CHNiGEF E%ISTm Mm FUD) ENTINNCES OM NORIN OF NORTH OF NELL BUILDING FFE : 34.84 lmm/ NMATOAFCE ST.," ACCESS SIM6 K Fftrtn VARS 01 NMI 41 Tl �11 T Dean Avenue/North of Nell Interface WVV x1ORN MRFLMLMWTH 165' NOE STNR OF CHNiGEF E%ISTm Mm FUD) ENTINNCES OM NORIN OF NORTH OF NELL BUILDING FFE : 34.84 lmm/ NMATOAFCE ST.," ACCESS SIM6 K Fftrtn VARS 01 NMI A 10A Jk$VIA t k5ffr- �uc -YTCJr,.7TEL AhZo o ap lid !//13t, lGrr /���.tl 4 1 Gte.r.r, Nur� o p R C. PAM Dcv. Sl N-Im 10 l.�- CCTF}L ri�i�R�l -lG la o21( s CIPIM rpw �a�3 N EEKS�G acs �c,hher No F (Uec( �Ktx ;I JAsOvil cl.aSYrn. CO. a leg `�eQne n 1n� � • 4sga... � , cS -Ito d.A %cJ f.41 de,. (5v-,e-, Ci. ti.F.e . 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Sl'kv6r SP�'Aw5 ' P +Mf t • % __. .. _. _.. .•..0 c.n...nu .vl9i, _w.,.r�oarx� o.u..e 0 GALENA STREET of Disturbance 4M1 J F1NEW STCRMW4TER ROW LINE WIM II h Dean Avenue /North of Nell Interface 0 T m LX.XXa LX.XXS DRAIN INLETS PROPOSED STAIRCASE PLANTER WALL (TYP) 15.5' HIDE STAIRCASE LIMIT OF CHANGE FROM EXISTING DEAN AVENUE (PER RIN P.Ul NEW RETAIL ENTRANCES PER NORTH OF NELL CONCEPT(TP) NORTH OF NELL BUILDING FFE : 34.84 ACCESS TO DEAN AVENUE AT GRADE .M SIDE STAIR ACCESS 6'.0' WIDE PATHWAY (MATERIALS TED) SIDEWALX WITH STAIRS (5]' MADE) PROVIDING ACCESS FROM GONDOLA PLAZA AND EAST DEAN AVENUE ® NORTH DESIGNIC'ORKSHOP 120 E., M.. Svmc NmmSUM Aspe.X081611 970925.8354 J N 6 ) _ 0 0 n a I �x > " n taw - I ❑' 0 L i e II h Dean Avenue /North of Nell Interface 0 T m LX.XXa LX.XXS DRAIN INLETS PROPOSED STAIRCASE PLANTER WALL (TYP) 15.5' HIDE STAIRCASE LIMIT OF CHANGE FROM EXISTING DEAN AVENUE (PER RIN P.Ul NEW RETAIL ENTRANCES PER NORTH OF NELL CONCEPT(TP) NORTH OF NELL BUILDING FFE : 34.84 ACCESS TO DEAN AVENUE AT GRADE .M SIDE STAIR ACCESS 6'.0' WIDE PATHWAY (MATERIALS TED) SIDEWALX WITH STAIRS (5]' MADE) PROVIDING ACCESS FROM GONDOLA PLAZA AND EAST DEAN AVENUE ® NORTH DESIGNIC'ORKSHOP 120 E., M.. Svmc NmmSUM Aspe.X081611 970925.8354 GALENA STREET Site Limit of Disturbance ^^ .ea jlr ri o __ v Dean Avenue /North of Nell Interface O T Z m F LX.XX8 LX.XXO (BC ''VLb . An P FE � W3wr i Ilo�•3 �C{1cH QDYLrinu De �j lit LD i+�tlr .510 AWOL, p01Mr NEWSTORMM(ATERFLOWLINEW9TH K DRAIN INLETS \- PROPOSED STAIRCASE PLANTER MNLL (TYP) 0'� k _ ..- e Lo a LJ -� rn r D I lZ > I� . C t• 3� x IC Dean Avenue /North of Nell Interface O T Z m F LX.XX8 LX.XXO 16.5 WDE STAIRCASE LIMIT OF CHANGE FROM EXISTING DEAN AVENUE (PER RLN P.U.O.) NEW RETAIL ENTRANCES PER NORTH OF NELLCONCEPT(TYP) NORTH OF NELL BUILDING FFE : 34.84 ACCESS TO DEAN AVENUE AT GRADE MATH SIDE STAIRACCESS 6' -0' WIDE PATHWAY (MATERIALS TBD) SIDEWALK WITH STAIRS (57' WIDE) PROVIDING ACCESS FROM GONDOLA PLAZA AND EAST DEAN AVENUE o m/gtkts (BC ''VLb . An P FE � W3wr hS Ilo�•3 �C{1cH QDYLrinu De �j lit LD i+�tlr .510 AWOL, p01Mr NEWSTORMM(ATERFLOWLINEW9TH K DRAIN INLETS a ITN �I.1 ~e Ltiv PROPOSED STAIRCASE PLANTER MNLL (TYP) 16.5 WDE STAIRCASE LIMIT OF CHANGE FROM EXISTING DEAN AVENUE (PER RLN P.U.O.) NEW RETAIL ENTRANCES PER NORTH OF NELLCONCEPT(TYP) NORTH OF NELL BUILDING FFE : 34.84 ACCESS TO DEAN AVENUE AT GRADE MATH SIDE STAIRACCESS 6' -0' WIDE PATHWAY (MATERIALS TBD) SIDEWALK WITH STAIRS (57' WIDE) PROVIDING ACCESS FROM GONDOLA PLAZA AND EAST DEAN AVENUE o m/gtkts )Cg0L . v,f�arfia. ® NoRTN DESIONUORKSHOP 120 Fan Main Sveea . Aspen, CO 81611 Notws ®le 970.925.8354 PUBLIC NOTICE RE: 555 E. DURANT AVE. NORTH OF NELL CONDOMINIUMS PLANNED UNIT DEVELOPMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 15, 2007, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by The North of Nell Condominium Association, 555 East Durant Ave, Aspen, Colorado 81611, manager of the subject property, represented by Glenn Horn of Davis Horn Inc. The applicant is requesting to establish a PUD in order to set the allowable FAR on the property. An increase in the allowable FAR on the property is required because of the changes to Dean Street and the Residences at Little Nell, located across Dean Street to the south of North of Nell. The property is currently zoned Commercial Lodge (CL). The property is legally described as The North of Nell Condominium Association, 555 East Durant Ave, Aspen, Colorado 81611. For further information, contact Jason Lasser at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2763, jasonl @ci.aspen.co.us. s/ Ruth Kruger, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 29, 2007 City of Aspen Account RECEIVED APR 2 6 2007 AdPEN BUILDING DEPARTMENT 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: The Residences at Llittle Nell, LLC; c/o Brooke Peterson; 315 E. Hyman ste.305; Aspen, CO 81611, 970.925.8166. Legal Description and Street Address of Subject Property: 535 E. Dean Street, Aspen, CO, 81611. Legally described as The Residences at Little Nell Subdivision PUD, Dean Street and the North of Nell building. Written Description of the Site Specific Plan and /or Attachment Describing Plan: Insubstantial Amendment to The Residences at Little Nell / Subdivision PUD for modifications to the Dean Street improvement plan. The changes include additional pedestrian access to the North of Nell side of the proposed development. The new development does not modify the width, landscaping or emergency access. Land Use Approval Received and Dates: Administrative approval granted April 9, 2006. Effective Date of Development Order: April 15, 2007. (Same as date of publication of notice of approval.) Expiration Date of Development Order: April 15, 20100 (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.) Issued this 9th day of April 2007, by the City of Aspen Community Development Director. Chris Bendon, AICP Community Development Director City of Aspen Jason Lasser From: Jason Lasser oasonlasser @comcast.net] Sent: Sunday, April 22, 2007 4:06 PM To: Jason Lasser Subject: Fwd: Fw: Begin forwarded message: > From: "Joe Raczak" <northofnell @sopds.net> > Date: April 20,2007 11:20:49 AM MDT > To: "Jason lasser" <jasonlasser @comcasl.net> > Subject: Fw:' > - - - -- Original Message - - - -- > From: Randy Wedum > To: North of Nell > Sent: Friday, April 20, 200710:11 AM > Joe, this is what I sent to Mark Hughes > Mark, I talked to Steve yesterday and he said he was going to have > plans on Monday. He said however that the city department was not > going to let him change the drainage on Dean avenue, which means that > the planters are out. He was still planning on doing the stairs. He > was going to talk to Jason in the Planning office and see if there is > something we can do. When I talked to Michael and GSM, he was aware > of that and was going to confirm with Steve how to proceed with the > drainage now that the planters are gone. We will redo the engineering > on the retaining wall with out the planter. Based on Steve's input > the retaining wall footer has to be only on the N or N side do to the > utilities. • I have told Joe late yesterday and told him to get ahold of Jason in • Planning to see what can be done. If not I believe Steve is going • ahead with a 6 'plus walkway with the retaining wall based on the • original Dean Street plan and drainage leaving approximately 7'. He • will do the stairs and the walkway at the building and a retaining • wall. r > Wedum & Associates PC > Architecture - Development > 101 Independence Place > Aspen, CO 81611 Jason Lasser From: Sent: To: Subject: Begin forwarded message: Jason Lasser pasonlasser @comcast.net] Sunday, April 22, 2007 4:06 PM Jason Lasser Fwd: North of Nell Public Hearing Notice & City Council Pre - Schedule > From: Glenn Horn <ghorn @rof.net> > Date: April 17, 2007 11:19:25 AM MDT > To: Jason Lasser <jasonlasser @comcast.net >, joycea @.ci.aspen.co.us > Cc: Joe Raczak <jraczak @sopris.net >, Chris Bandon > <chrisb @ci.aspen.co.us> > Subject: North of Nell Public Hearing Notice & City Council Pre - > Schedule > Jason & Joyce: > The North of Nell PUD Planning and Zoning Commission public hearing is > scheduled for May 15. 1 am sure you are aware that there needs to be > a public notice prepared soon. > 1 have reviewed some of the public notices prepared by your office > recently and noticed some of them have been deficient for failure to > follow all of the "Content" requirements in Section 26.304.060 E. W" ? > 2.. Some of the notices have failed to include the full address of s� > the applicant. This small omission delayed the land use review > process for my Galena and Main project, so I am particularly careful > about notices. > Please be extra careful preparing the North of Nell public notice. > Alsorwe- 4awepraw4usly-discussed the possibility of pre noticin the > pity Cis hear ng lydc woUttf§61f i e ro pre no me > hearing, if possible. Thanks for ye > Glenn. _ rt_ r, _t�M ��A�✓y h yA�,� — Alb ij &;rK C c 0 0 'U O: :O O' LL J' O: 2; N to N W W h e� ao �o o rn m off, rn rn rn rn rn rn rn m rn rn n n n n n n n n n n n :O y tee: Ql 2j�W: Q � J Q Z3;ti�' �2 �2 Z ° § §o y e� UW k 'U O: :O O' LL J' O: 2; N to N W W h e� ao �o o rn m off, rn rn rn rn rn rn rn m rn rn n n n n n n n n n n n W • poi � :3 �Q 11 �I :O y ;OE Ql 2j�W: N Z3;ti�' § §o e� UW Qk W • poi � :3 �Q 11 �I LT :O y ;OE Ql 2j�W: N Z3;ti�' LT C U k j Q RN) :O y ;OE l C U k j Q RN) a rorx AFle.A or mu *� s1rc - e7o>zr sa ET. I TOTAI. AREA 0E MYJH SEW = ?70IZ7 SQ. FT. -4A V l FACE LIFT - REMODEL - REVISED AREA - GROSS REVISED ARC•ADC LEVEL 23,780 SQ. FT. BELOW GRADE AFTER DEAN STREET REDUCTION 4.59% OF WALL AREA BELOW GRADE. 23,780 X .0459 = 1091.5 SQ. FT. REDUCTION 23,780 - 10915 = 22,688.5 SO. FT. BUILDING AREA ARCADE LEVEL 22,688.5 2ND FLOOR 20,254 3RD FLOOR 20,254 4TH FLOOR 20254 TOTAL ELOORR AREA 20�So.- _Q\" ,g,R.1+iTER- REMODEL. DECK AREA ALLOWABLE DECKS 15% OF ALLOWABLE F.A.R. 83,658 X .15 = 1254070 SO FT ARCADE LEVEL - LOGGIAS 400 2ND FLOOR 2,69520 3RD FLOOR 2.572.60 4TH FLOOR 2 57P 60 TOTAL DECKS 824040 SQ, FT. ADOED�%TERMR WALL --FAUX COLUMNS 12 COLUMNS 4.47 SQ. FT. EACH 4.47 X 12 - ` 3A4 SQ FT I 1:1 i I -L OUR ARCA ALLOWCD ZONING 3 TB 1 LOT AREA 100' X 278.86' = 27,006 S0, I T. F.A.R. 3 X 27,886 = $3,659 59 S�FTD SO ET NORTH OF NELL AREA CAL.CULATIDNS EXISTING WALL AREA BELOW GRADE PERCENT OF AREA NORTH 2.707.27 0 0 SOUTH 2,707.27 -741.1 72.63 WEST 11000.00 -205.5 79.95 EAST I.DUUME) 6869 9313 7414.54 - 1015.29 86.31 GROSS AREA OF ARCADE LEVEL 24,404 SO. FT. LESS BELOW GRADE 24,404 X .8631 = 21,063 SQ, BUILDING AREA ARCADE 21,063 2Nn FLOOR 20,254 3RD FLOOR 20,254 4TH FLOOR 20,254 TOTAL FLOOR - AREA -_=. EXISTING 810 5 ADD IN AREA INCREASED BUY WALKWAY ON DEAN STREET - SOUTH 7414.54 SU. 11. WALL AREA OF BUILDING - REMOVED 741.1. SO. FT. = 9.10% OF WALT_ AREA BEING REMOVED SOUTH ELEVATION BELOW GRADE 9.10% OF WALL AREA INCREASE GROSS AREA 24,404 X .0910 = y SQ. FT AREA OF EXISTING BUILDING AFTER TART REMOVAL 81825 1 222036 SO, FT. EL 367764 SO. FT-EVER F.A.R. F z w o 3m� W 4 0 o g V Qi ryyA: W O < N E D: o U a 6 4 I I I t � uI a! v, W U ^ J F+ u O F a ::� W O Z w W Q ago u �d w �zo za a z �4(ygW ij{ o a J W 6 u J o O <�z 06 -4 5 ~0] CENERAL NCIES 1. EXISTING CONCRETE FOUNDATION. 2 EX15PM 2 Yt rQIK .TE KA11 3. NEW COLORED CGNCRLE SLDLWACK V /BRICK INSERTS DCCORAIIV`_ EARL'S - SEE FINL:H SCHEDULE. 4. CONCRETE SLAB W /SNOW MELT - SEE '<:�PUC'IURAL 2' RI GIII /NILE ATICN W 4' GRAVEL 3LLCW E. ALLOW 1' rOR FId;SME11 FLUOR EXISTING_ 7. It' SHEET ROCK TYPICAL. a: X6 rRAMING F 1'-4' D.C. W R -19 ;NSUL.AT:GN - 7YP:CA L. 9. 2X& CUI ST014E CP" STIIP FUR WINDO'd GLASS. IG. lX' PL.Y,10,:u SIIEA�HING tl. SPACE FCR GROUT. 12. 2X4 X 1 -6' CU: STONE SET Ili HUD - ;ANIMA'. ;IRO0- JOINT AT Fn CNi, SCRAPCD 114 FLAT 13, 3XG CUT STLINE SILL BEYCI. `FI CkFIN. 14. It' FRAMCESS GLA'i3, 15. STUCCO '':ETURN OR OECOPATIVC CG'_UMN CO'.Ek RET'UR'N 16 SHEET ROCS: RETUF'N. 17, DECORATIVE COL VEIN COVER 1f1. EXISTING, `STRUCTURAL STEEL BEAM. 19. 31" SHEET ROCK W/ '/'X!" WIDE Tau UP LAP WESTERN RED CEDAR P1 CLEAR V/ NJ .IIGNT RETURN TI 6'_ AF HEADER SEE. FINISH SCHEDULE, 20. 3b SHEET FOCI" 21. �v,' X5' 1JESTCRN RED CEDAR W /TIGHT SJUABE JOINTS - T&C OR LAP - 41 CLEAR SEALED - SEC FINISH SCHEDULE, F2. EXISTIN XIO FRAMING SLGrEU TO DRAIN 2-1. PXIU Si F1 ENE _FF STR 1C UFAI . ' <. NEW FA-IA GE P i, 2 "PCE W /FRA'47NG - SEE A-5.2 a5, NEW bUITER 1/ TEAT TI;BES SLE A-SJ3. P6. EXIS INU ROOF DECD. 'Ll REMAIN. 27 NEW RUIN VIC FIN JI T VjT ' OWNER. 23. CXIS PI CLNCLLI[ LAD LLCK. 29. REP PUP CC-AC1,S & CHIPS L f TAT WII'H MEMBRANE SEE FINISI -. SLH TAI L, 30. REMOVE EXISTIPU STi'FL. "11 11,16 & co, NNECI NEW POST iNN,_ -rTOKL CXISTIN STFF I. ICE -A A-5 31. ^EW BOX *AllANC: AT 2ND FI OUK EE .4 5E-11 32 EXISTING S1.1D;N1 GLASS DOUR-, FIN 'H SCHEDULE 33 NEW 41 X 5' WESI -:'PI RED CF IAC MI CLEAF. W TLI OR LAP SEA, -- Jb ER XISIIFC S i NC - SE FINISH SLHEIJI 44. NEW B12AED CL HAaL Filk NELHANiCAi. & ELEr K C'L - PLMC 'ABLE COVER. SEC A-5:4 35. iD SHEET RUL"Y 36. PEP ORPIFD .ETAL .LGFFIT FANS - 11E F1N!SF; 'CMED 37, EXIlTING AFLFED PX12 FRAMING. 38. NEW F C A GET iL SET` A-5 B. 39. 40 . NEW FAIjX STONE RI OCn CPLIMN. 41, NEW FAUX 7T IN LOI ITV. AT COP.''f ;O TAKE UP ODD SPA L. 42. TYPICAL FIAT RP ING ,EC A--,I!-IC, 43. FIXED SDIRE PANEL We Y, I.EfT ING AND JR vER - TY IF\L. 44. VERTICAL CHA ErOR H7AE PIPING A JiRCS MAD. WITH F:AMING AND PEW!\ LE Fill FIE0 PANCLS -- SEE A`14 45. HORIZONTAL CJIF FOP H AC PPM.: & WIPES 14ADE WITH, FRAMINI AN nEMOVF t1E fA IF LS EC A-5.14 SIMILAR TO 34 - CTINNEI : 'G FAOX COLLIFIN . 46, TYPICAL BLTX RAILING AT DIPPER LCVELS - SEE A-5.1.-16 47. % SHEET ROCK 49. PERFI RP Eu Me TAI. PRE FINISHED SOFFIT PANELS, SEE F!N!SH SCHEDULE. 49. EXISTING 2912 FFAMING SD. NFW STDFFENER - SEE STR'JC'URAI 51, PIE.E METH CA-' 111 - SCE. A 52,H AFFRED FU AM N,,,ATUN AT ROOF EVER EXI LING RCN 53. NEW' AT NEW PHaOF & NEW FACIA SEE A-!513 St, NEW PORC SY OWNER TAPLRCO NSLIATI "StNc 1" fi!OSi� :il:i%j P,11 -h l ^: R33 - E!SIIN:: 112" PLU,100 RO(F le.:Hl i. FXISD1iG .'X12 EAVIIN, 2XL CXISIING 12' SIEEL BEAM EXP.rINi ilI& 1XI0 MANN[ L rPD U: E SIUDN (CEDAR, FXIS TING FXI>LdG LIX4 TJDS. I:X TING /6' SH E1RO'K. CXI TING ;. SHECTREI -K. FXi Trtil: 3 /9 ' .! VC ( EXSIN DFUEAN BU- EJ$STING 5/F PLYWC.II1 SHI A'1111e , ", / aih FL iYJB D 1912 1 EXISDNG 5 /B" PLYM;', 3;a FL[Xpl I i 2x4 _.. _ - -E -3 ;l -- �____ - -- - C -1 3/4' -.__ T -E 3/4' --. - -_ _ ! SSNT POIY.i iSOUTH SIC�E I,B % s1 I I Iff 37- 1. li 1 \ 11 11 I I I! l it LONG ME; SJDTH SIDE 'L461i Ili I� III 113 !I � II Ilp i1 I it Ii;j t 11 mII I. �Y IG� i1 j 11 liC�r ! i i II III ill, I 1'ir II 1 1 II I I 7 •I 1111 III , i � . 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W q.pbl M,gnl W boH.bmYW[n.TMaW,..YSI M1YMr4WYanq Ylmaba YYM1 nmaNgdM1mmrbbm4tlaapmrpr44bhgbrauW gghmurFm a wAS Lb.E]ffiU WFr mmil PAN 2 sEC.nxm TrIWr] 04%YamE � BJSMIPE i3E MW1W191RFET vAUTEGer IEG nom, ,� �- ,rMun E�sExEr➢xruce gF R �1 8 keg , x Ls. 41 ^N4Xfil:o .!1:z nd,$LS VcIeV �OV �4 I :WALFM4',Lm.a Izab ,S 1W rc .I" flm FNr NNgNgxtlNa GEbnYY.,gbapFn ib 1SWI.NM16rOgFYa egYrabrb MnglbY WawFb[IbMnlb, I91Yi PnmIR T. 4iA eC.q Ef,GNm11,e Bltl %,y,b.�bM1.,IEYaM1 Webb acM q &M Nmb BYS1 by Fwl d N „I,prrl b Iq lYYgr %b En w .arm.ra]m.T M1ol W. k lbbx W YdM1ba Ii YIgM1'Mq.bwgtlEMX.b Sbabq FYap11}mlb W l ebl %aM1w.aiaira.[p{ PMMp.I: AlmmlwlyWq W bipan Wbq�gm Wtl WbsbYlbb] nmMtlbYarEMMWb Slnr trq F.b!y/bijNgtlb W IYNA %. W M1 P.M1rTYmIOVFamM CnVtl ANON x11W COWIY CQGRMO I1.4tlihEi Fpbm�Ynnq W iFWmmYIBy,FfirisYW bGl.lb NPIMLi Nel fQNCfIbYY ASWICMTCM.WO nINN CbJXn'IRF xC. W.Y.Im.arEr M1b/emrmbm M1rmNYbnYr,Wdm M1bb APPl�I mYlim, molwbanmaxeF.q.I M1iX. aYtraM1i. q�m,. I. an., LYrn ....mmbme.mwmmYnE®M1iPT.rWY,b FrmwrrmpT4,bq mmY,. ®gsigol,l.MEa OSeYbinwbNbWr [TgvmamrymmbYnbrgmEnYrAmYmIqM11 WLbg1 >Mb IbsxdN WbibM Vr4MIYnglnbrwb..7YGbs, mwbgMawrYanmYgFgp b E, 4,F SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704 -0311 sopns@wpmeng.mm GRAPHIC SCALE A o m m w IMH(1� tau. as LEGEND o Wav�RwtxW�„W� 6 rmnlceavan x.,R� ® vxrvnauxrf wvne ® vWnw Rtuw.�.uet ® mniwRtoRx.x»aF p°Q ounxcrutatm O avxnwuRRriou �- rmtxcaca FY16tNG WwER WLtE 0 Ell9lk tlYW1 — — flY8rM 11aFKbY1RFl�Rd' GI]1NOIMEMINIIUrtIFRCIE tnmaaM.rm.sawet W— FllS11MIMC(NRpIOW W/RRUE TI'roGryBIE — tV — RranroRw.� E®IIIE PO](REfIIw Will mmo w RETWXME W W. rrwuaR.oranunox uraaaa.aess rwsarar M IMPROVEMENT SURVEY PLAT OR NORTH OF NELL CONDOMINIUMS SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2OF2 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE AS CARBONDALE. COLORADO 81623 (970)704 -0311 twpds@wp iwng.m, Wr 112 A:'! P, a •ry Qy it II IF I Am PC 0 -i wo GIN, I 1 ii E- L4 rj) 1.0 lal 06-4 A-0.11 ti it -- -------- 4- 4! 11!i it — --------- -- 7�t k hi: F�77. III f ti MEMO it it 4- 4! 11!i it — --------- -- 7�t k hi: F�77. III f I-AT-1i it i 71 CP �I!SiIIE �1;,e MEMO it p g ,II zxz it 11!i it hi: I III f p g ,II zxz c �: ip I 'I i 13.1 W fid cw I f! <p qe 1Q. LIB 41 kl I� CIS 11 Q. U J, l Ii �{ i; I� I; I II I { I II C ; lo(��A II I {aj i so ;I jlal{ azo I P C c) q Lr) I! d Ij 1: 11 � 11 --- 4 I I 2;74 I II 5/2G/0> I A -1.$ 511 i I I 'I i 13.1 W fid cw I f! <p qe 1Q. LIB 41 kl I� CIS 11 Q. U J, l Ii �{ i; I� I; I II I { I II C ; lo(��A II I {aj i so ;I jlal{ azo I P C c) q Lr) I! d Ij 1: 11 � 11 --- 4 I I 2;74 I II 5/2G/0> I A -1.$ ?i rj?.) 3?i G; 41NIF LS ^'� 057* 6 •'i•k(:'Ji•F{ F .SS Will, 1111! ,f:' 2 - -I Yh .ice E 1 N I R. t IEW ILIR I WA! till (iSgi::' PP:i 1'CNf I C, FRT fVI fy '. !1':=1.:..1. .._i;:7e4TIvk .,..:... =!•rJll art° Fl :1.1 DVA "Hr. 11 IC:!I7 IF F ❑p faJ.' :T&I E . -1IHG t V.: °I' I -il`: PL. 1: I I. IC L'i -I I L 5!F 'i -i ❑'tiL ,...._ I cj� "7 r 1 F. t LB P UWW,G Ll ttl \m I H I +Il rrl .n� it I R.' I FI IIS ❑� r.Yl]f +; L) E- a. w �! s W: a Ji o`J m I+7 Y os_u P I �~ u4�1QU W � CI W G G F wwa E-- ! � G w¢� c�a U xv7� F v: G» G l 06-4 1 ! A -2.1 i I I� 1 1 ! I j cy oQa rn v: FH�i-ET3i A-2.2 I 'AvA� IF iq -.j lm.jffl� ilA?l: bUl f J J�F �PV Ft, A TLI I i- JP.t;AF cy oQa rn v: FH�i-ET3i A-2.2 w 8" W CaLumt, 5/9' SWETqDCK i ALL AROUNI, 7934.24 2nd FLOOR -Z al 1 r_— 1 m �i Iwo .-0 E-11 4. W to a cr; Lo —L— —J - -------------- 7r - ----- ii WK; PI,4NT j %Nr po,t"; -4 -4 5/16-- - w 8" W CaLumt, 5/9' SWETqDCK i ALL AROUNI, 7934.24 2nd FLOOR -Z al 1 r_— 1 m �i Iwo .-0 E-11 4. W to a cr; Lo —L— —J - -------------- 7r - ----- ii ,qIG PUN. IsHCei PaNT L - P II II iI :j 7 ( I 2nd FLOCA FLOGIR I ;dn Soy tJ ai two A-4.8 3/4' GENERAL NOTES: L EXISTING CONCRETF FOUNDATION. E EXISTIN6 ? Y1' CONCRETE SLAB. J. NEW COLORED CONCRETE SIDEWALK W /BRICK INSERTS DECORATIVE BANGS - SEE FINISH SCHEDULE. 4. CONCRETE SLAB W /SNOW MELT - SEE STRUCTURAL 5. 2' RIGID INSULATION W 4' GRAVEL BELOW. 6. ALLOW V FOR FINISHED FLOOR EXISTING. ? %- SHEET ROCK TYPICAL. B, 2X6 FRAMING E 1-4' O.C. W R -19 INSULATION - TYPICAL. 9. 2X8 CUT STONE CAP STOP FOR WINDOW GLASS. 10. k' PLYWOOD SHEATHING. II. SPACE FOR GROUT. 12, 2X4 X F -6' CUT STONE SET IN MUD- MINIMAL GROUT JODJT AT FRGNT, SCRAPED dN FLAT. 13. 3X6 CUT STONE SILL BEVEL TO DRAIN, 14, 9' F'RAMLESS GLASS. 15. STUCCO RETURN OR DECORATIVE COLUMN COVER RETURN. 16. SHEET ROCK RETURN. 17. DECORATIVE COLUMN COVER 18. EXISTING STRUCTURAL. STLEL ELAN 19. i6' SHEET ROCK W/ 'VX5' WIDE TLC OR 4P WE 7ERN FED CEDAR 41 CLEAP 'J/ NC JOINT RETURN TO GLASSS AT HEADER SEE FINISH SCHEDU, E. 20 tl4 SHEET ROCK. 21 $ X5' WESTERN RED CEDAR W /TIGHT SQUARE JOINTS - TLC OR LAP - MI CLEAR SEALED - SEE FINISH SCHEDULE. 22. EXISTING 2X10 FRAMING SLOPED T7 DRAIN, 23.2X10 STIFFENER - SEE STRUCTURAL 24. NEW FACIA DETAIL 2 PIECES W /ER.AHING - SEE A -5.13. 25 NEW GUTTER W /HEAT TUBES SEE A-5.13, Pe EXISTING ROOF LECK TO REMAIN. 27 NEW RULFING C'NSU' f WITH OWNER. 20 EXISTING CONCRETE S n,B DELI 29 REPAIR CRACKS n CHIPS L CHAT WfIH MEMBRANE - SFF FINISH S HEJU E. 30 REMOVE EXISTING STEEL. RAILING a CONNECT NEW POT CONNECTORTO EXISTING STEEL SEE A-512, 31. NEW BOX RAILING AT 2ND FLOOR SEE A- 5.6 -11. 32 EXISTING SLIDING GLASS DOERS - SEE FINISH SCHE'1UCF. 34 NEW 4': X 5 WLSTFRN RED CEDAR Ml CLEAR W TLC OR LAP SEAL OVER EX ST NG SIDING SEE FINISH SCHEDULE 3d NEW BOXED GUI CHASE 1 OR MECHANICAL L ELECTRICAL REMOVABLE COVER - SEE A5.:4 35 V SHEET ROCK. 36 PERFORATED METAL SOFFIT PANELS - SEE FINISH SCHEDULE. 37 FXISfING TAPERED 2X12 FRAMING. 38 NEW FACA LE AIL - SEE A-512. 39, 40. NEW FAUX STONE BLOCK COLUMN. 41 NEW FAUX STONE COLUMN AT BALCONY TC TAKE UP ODD SPACE. 4E. IYPL.AL FLAT FAILING SEE A-511 -16. 43. FIXED SIDING PANEL V/ Y SHEATHING AND 414' VRF OVER TYPICAL 44 VERTICAL CHASF. Hk "V AL PIPING L WIRES MAIL WITH FRAMING ANTI RHMOSHEIF SIDEDED PANELS - SE A-514 45 HORIZONTAL CHASE OR HVAC PIPING L WIRES MADE" WIT,, PRIMING AND RE14CIVABLE PANELS SCE A-5.14 - SIMILAR 10 34 CONNECTS 10 FAUX COLUMN 46 TYPICAL BOX RAILING AT UPPER LEVELS - SEE A 511-16. 47 3y SHEE f ROCK. 48 PERFGPATED METAL PRE FINISHFII SOFFIT PANELS, SEC FINISH SCHEDULE, 49 Fxisr!N:1 2X12 FRAMING. 50 NEW .a IEFFNEk SEE ',I IU'TURA_. 51 J PIECE MEIAI .'ASIA - SE A 5.i?. 52 8 CAPERED FOAM INSULATION AT ROCF OVER EXISTING RODE 53. NEW FLASHING AT NEW ROOF L NEW FACIA - SEE A-513 54. NEW ROOF BY OWNER . 3,, FLOOR 1,12, PI 1 EC.6A!: J, E'P:YW f AFATHp Yny rf;>,:4T 8' Mf s/r.• sH ALL. 4X4 ..\ I. .,III I I I ,1 i i iT 1j /j I ''Lid ti \ II a / /]41•'S , � I i I II 11 i� i I I' ji 3J- FkL'.INv ., lll_IIINc. :t1V -40 SH3KT ' -C STIFFENER MAE' EACH FAY I jff 6f W �I Fi o w_ i i II (•✓IW amim 1 U iii p.' I 24 —� �17 1 x..21 \` l20 I I I, F 112 C)� "Sty m'i ° ' I �I• Lz--1• W q 1 ✓'/ x rz .r. II $12f I i t L) B \ Pali zx i \ 1 /13 '0 I I r•! '✓� �I rr �1 �r I I G] 1 nl Lf WALK ,LOPES / MIN I S 1 ...�.y....� I I t J 1 �?_ f 4 _ r •< •�_.c. .ter � � � L' r . 1 � 7' (P _ - _.- ____.MAXIMUM •:.• I ��Tnnn 111 06 - 4–T" -1 • r. -_ I z /za /a> A -4.50