Loading...
HomeMy WebLinkAboutLand Use Case.700 Ute Ave.0036.2008.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0036.2008.ASLU 2737 182 72007 700 UTE AVE # 208 JASONLASSER INSUB PUD AMEND ALAN RICHMAN 07/25/2009 CLOSED BY ANGELA SCOREY on 12/15/2009 ,E~EIVE® !i ~~ 3 U 2008 ATTACHMENT2-LAND USE APPLICATION _, , ~,~ nspEN ...,,~.,, .. ~,~ l ~ v ~DEVELOPMENI Name: ~~» ~~(~S 200 ~~.~01- _ ~.,.t~~oS~4~.~~ ~ ~ ~ {3w.e,~..l" Location: ~ o o v ~Q_ uw< ~ ~,,,~ Indicate street address, lot & block number, le al descri lion where a ro riate Parcel ID # RE UIRED Name: ptl,A•~ R~c.~w.a.. \' wKi ~~°ccu Address: (~ o ~ 3 (, l3 !~ ('~-- Ftv t tl. Phone #: a.Lo - 1 ltS >L~IUe, .4y~ fl~,,.~t Name: ~ hQ~G~ Address: ~~ ~A'`~K ~r ~W Phone #: ~ ~^ "" `~~S ~ TYPE of APPLICATION: (please check all that apply): /W A.-q ~i v.'t'e. '3oS R R,o (,~ w~-q4 Vt.'s L 2 A2 ~ ^ GMQS Exemption ^ GMQS Allotment ^ Special Review ^ ESA - 8040 Greenline, Stream Mazgin, Hallam Lake Bluff, Mountain View Plane ^ Commercial Design Review ^ Residential Design Vaziance ^ Conditional Use ^ Concep±'!al PUD M.fv~S'i~ i.41 Fina] PUD (& Pt~ Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Lot Split ^ Lot Line Adjustment ^ Temporary Use ^ TexUMap Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion ^ Other: EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc ) S ee ~t,~c- PROPOSAL: descri lion of ro osed buildin s, uses, modifications, etc. S ~ e.~er- [ave you attached the following? FEES DUE: $ n ._ Ilc-.YI)PIIG6UVll l,Unlerenee Jnmmary Attachment #I, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds ^ 3-D Model for lazge project All plans that are larger than H.5" X 11"must be folded. A disk with an electric copy otall written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. r RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT JUL 3 0 2008 Agreement fn P;e m t of r'w of Aynen P elnnm nt Apnl'rst' Fee CITY OF ASPEN COMMUNITY DEVELOPMENT CITY OF ASPEN (hereinafter CITY) and Camnel and Father Ca ~ k {hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Tncnhetantial PT 111 Amendment (hereinafter, TILE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT oa a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings aze paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CffY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $705 which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional momhly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no rase will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPL/ICA~NT -F:~ o By: Date: Billing Address and Telephone Number: 95 Barber [~rePn Rnad~ S rite OS 12nn Milli nn ari f'anada M3C 2A2 416-440-1813 Qa~- ~ JUo ~~~~ 2131.1g2.72~a7 P-e,,,~rv~(,~~ 0036 -ZC~g.>~sw Main valuation ~ Custom Fplds ~ Actions ~ Faef ~ Parcejs ~ Fee Summary ~ Sub Permits ~ Attaclvnents ~ RoyLtinq Status Routing ~ Permit Type •~- . permit ~ 0036.2008.ASLU ~' Address 700 UTE AVE J AptJSuite 206 City ASPEN State CO . Zip 81611 I~ ~~ - _ ___ ~PermitInformation -- -- - -_ _.. _.. Master Permit ~- ~ Routing Queue aslu07 Applied 07J30J2008 J Project ~ Status pending Approved ~-J Description INSUBSTANTIAL PUD AMENDMENT Issued ~-J Final ~- J Submitted ALAN RICHMAN 920 1125 Clack Running Days ~ Expires O7J25J2009 - -- Owner _: _ - -- - _ _ - __- Last Name SARICK J First Name SAMUEL & ESTER ~- 95 BANGER GREEN RD Phone ( } - STE 305 ONTARIO CANADA M3C 2A2 CO r Owner Is Applicant? Applicant _ Last Name SARICK J First Name SAMUEL & ESTER 95 BANGER GREEN RD Phone ( ) - Cust ~ 28299 STE 305 _ ~ ONTARIO CANADA M3C 2A2 CO ender:: --_ _._ Last Name ~- ~ First Name ~- Phone ~- ~- C 314~316~4 ~'~ _ Asp. Record: 1 of ~~-~~~ L3~GbZ .~ ,, , ~~ ~~~ b"ax 3613 flclruc, eolaaa~fa 81612 July 30, 2008 ~~a,~uy s~l:~e~ P~/~~ (s~o)y2o-112s akr~.~ RECEIVED JUL 3 0 2008 Mr. Jason Lasser, Senior Planner CITY OF ASPEN City of Aspen Community Development Department COMMUNITY DEVELOPMENT 130 South Galena Street Aspen, Colorado 81611 RE: INSUBSTANTIAL PUD AMENDMENT FOR ASPEN ALPS BUILDING 200 Dear Jason, This is an application for an Insubstantial PUD Amendment for the 200 Building at the Aspen Alps. The Aspen Alps is located at 700 Ute Avenue in Aspen. The purpose of this application is to permit Unit #208 to be expanded by approximately 208 sq. ft. The proposed configuration and design of this minor expansion is shown on the floor plans and building elevations that accompany this application. This application is being submitted by Samuel and Esther Sarick, the owners of Unit #208 (hereinafter, "the applicants"). Proof of the ownership of the property is provided by Exhibit #1, the title insurance policy and warranty deed. Authorization for Alan Richman Planning Services to represent the applicants for this application is provided by Exhibit #2. Approval for the applicants to submit this application has also been obtained from each of the other unit owners in the 200 Building..:. Copies of the approvals granted by the other owners are attached as Exhibit #3. A pre-application conference was held with you and other representatives of the Community Development Department on June 30, 2008. The Pre-Application Conference Summary issued by the staff (see Exhibit #4) confirms that this application can be processed administratively as an Insubstantial PUD Amendment, pursuant to Section 26.445.100 A. of the Aspen Land Use Regulations. The follo~ring sections of this application identify the standards of the Aspen Land Use Code that apply to an Insubstantial PUD Amendment and provide a response to each standard. First, however, a brief background analysis of the Aspen Alps is provided, which provides a context for this proposal ~, Mr. Jason Lasser July 30, 2008 Page Two Property Background The Aspen Alps is an 83 unit condominium complex located at the base of Aspen Mountain. Seven of the eight buildings in the complex were built in the 1960's. 777 Ute Avenue was built in 1990 and became part of the Aspen Alps soon thereafter. Anew parking structure, including three affordable housing units, a maintenance shop, and a laundry, was completed beneath the tennis courts in 2003. A vicinity map that shows the location of the buildings and each of the units within the Aspen Alps is included in this application. For many years, the Aspen Alps was subject to several different zoning designations, including both lodging and residential designations. However, in 2001, the City Council adopted Ordinance 28, Series of 2001 (see Exhibit #5), rezoning those portions of the Aspen Alps that were zoned R-15 or Conservation to Lodge/Tourist Residential, with a PUD Overlay. The 200 Building was already zoned L/TR and was not among the buildings rezoned at that time. The L/TR zone district became the Lodge (L) zone district in 2005. This means that the entire Aspen Alps complex is now zoned UPUD. Therefore, the condominiums and associated uses on the property are all conforming uses. The Aspen Alps Condominium Association is actually comprised of five distinct homeowners associations. The associations that make up the Aspen Alps, the buildings they encompass, and the dates of their establishment are as follows: • Aspen Alps Homeowners Association (100 Building, established in 1963); • Aspen Alps West Homeowners Association (200 Building, established in 1964); • Aspen Alps South Homeowners Association (300, 400, and 500 Buildings, established in 1965; 700 Building established on a second parcel in 1967); • Aspen Alps North Homeowners Association (800 Building, established in 1970); and • 777 Ute at the Aspen Alps (established in 1990). Given the manner in which the Condominium Association is constituted, this application is being submitted solely with respect to the parcel of land on which the 200 Building is located. The Plat which established this separate parcel can be found in Plat Book 3, Page 26 of the records of the Pitkin County Clerk and Recorder. In 2003 a detailed analysis of the improvements within the 200 Building was completed, to determine its existing floor area ratio. A site survey and building floor plans were prepared to summarize this analysis and are included in this application. These drawings demonstrate that the lot on which the 200 Building is located is 32,955 sq. ft. in size. ~~, Mr. Jason Lasser July 30, 2008 Page Three ,. The drawings also provide a square footage summary for the 200 Building. Appearing on the site survey is a floor-by-floor analysis of the spaces that count as floor area pursuant to the Land Use Code. Following is a summary of these areas: Basement: 774 sq. ft. First Floor: 11,395 sq. ft. Second Floor: 12,576 sq. ft Third Floor: 3.436 sq. ft. Total: 28,181 sq. ft. Section 26.710.190 D.11.c. of the Code establishes an allowable external floor area ratio of 1:1 for free market multi-family housing units in the Lodge (L) zone established prior to the adoption of Ordinance 9, Series of 2005. Therefore, there is approximately 4,774 sq. ft. of remaining floor area that could be added to the 200 Building. Section 26.710.190 D.12. of the Code establishes a maximum multi-family dwelling unit size of 1,500 sq. ft. of net livable area. Unit #208 currently consists of approximately 1,292 sq. ft. of net livable area. The applicant proposes to add approximately 208 sq. ft. of net livable area to this unit by enclosing the patio, so the expanded unit will contain no more than 1,500 sq. ft. of net livable area. The proposed addition has been designed to also comply with all other applicable dimensional standards of the Lodge (L) zone district. Insubstantial PUD Amendment Section 26.445.100of the Land Use Code establishes the standards and procedures for review of amendments to a PUD. It identifies two types of amendments, these being insubstantial amendments, which may be authorized by the Community Development Director, and other amendments, which may only be approved by the Planning and Zoning Commission. Section 26.445.100 C. of the Code states that "In the absence of an approved final development plan for a site designated PUD on the OfticialZone District Map, an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposal is an insubstantial or other amendment". The applicants have reviewed the criteria for an insubstantial PUD amendment and believe the proposed development qualifies for this type of review. These standards are written in the form of nine threshold changes or activities, each of which shall not be considered to be an insubstantial amendment. Following are the applicants' responses to each of these thresholds, demonstrating that this app-ication qualifies as an insubstantial PUD amendment. A. The following shall not be considered an insubstantial amendment: Mr. Jason Lasser July 30, 2008 Page Four 1. A change in the use or character of the development. Response: The Aspen Alps is a tourist accommodations .development. No change to the existing character of this development will occur as a result of the proposed minor expansion. Instead, it will maintain or enhance the existing character of the 200 Building. The drawings that accompany this application illustrate that Unit 208 is an end unit, located in the northeast corner of the 200 Building. The existing patio for this unit is recessed behind the front facade of the rest of the 200 building. The rendering for the proposed addition shows that the proposed enclosure of the patio will simply bring this unit out to the same plane as the other units in the building and will be in character with the rest of the building. 2. An increase bygreater than three (3) percent in the overall coverage of structures on the land. Response: The proposed addition will cover an additional 208 sq. ft. of ground on this lot. The existing lot is 32,995 sq. ft. in size, and the existing building has a footprint of approximately 11,395 sq. ft. (the calculated floor area of the first floor). Increasing the footprint by 208 sq. ft. will add 1.8% to the existing footprint, which is less than a 3% increase in the overall ground coverage on the lot. 3. Anyamendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Response: The minor expansion to Unit #208 should not have a measurable effect on traffic generation, or create any demands for public facilities. 4. A reduction bygreater than three (3) percent of the approved open space. Response: Since there are no records (other than the recorded condominium plat) documenting the original Aspen Alps approval, we cannot determine whether there was an open space requirement applied to the development of this lot in the early 1960's. However, the proposed addition will reduce the "uncovered" portion of the site by just 208 sq. ft., which would be a reduction of considerably less than 3%of the existing open area on the lot. 5. A reduction bygreater than one (1) percent of the off-street parking and loading space. Response: The proposed addition will not decrease off-street parking or loading for the 200 Building. ~~, Mr. Jason Lasser July 30, 2008 Page Five ,.~, 6. A reduction in required pavement widths or rights-of-way for streets and easements. Response: No such reduction will occur as part of this project. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Response: No such increase will be caused by this project. 8. An increase by greater than one (1) percent in the approved residential density of the development. Response: No change in residential density will occur as part of this project. 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 project's approved use or dimensional requirements. Response: The applicant is not aware of any condition or representation associated with the original approval which would be affected by this proposal. No variations from the Aspen Alps' approved use or dimensional requirements are proposed. Conclusion I believe the above responses and attached exhibits provide the material you require to process this application. Please do not hesitate to contact me if there is anything else you need to complete this review. Very truly yours, ALAN RICHMAN PLANNING SERVICES A~- ~ Alan Richman, AICP EXHIBITS ' ~ ~ ~ EXHIBIT #1 SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT19823F2 August 9, 2005 @ 12:56 PM $1,250,000.00 1312-588597 1. NAME OF INSURED: SAMUEL SARICK AND ESTHER SARICK 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: SAMUEL SARICK AND ESTHER SARICK 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF ,STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: A Condominium Unit consisting of Apartment 8, ASPEN ALPS WEST, according to the map thereof filed for record March 17, 1965 in Plat Book 3 at Page 26 and the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83 and Amendment thereto. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/ (970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. .~. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY PCT19823F2 August 9, 2005 @ 12:58 PM POLICY NUMBER 1312-588597 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2005 not yet due or payable. 7. Reservations and exceptions as contained in United States Patent of record. 8. Mineral Rights as reserved in instrument recorded May 13, 1891 in Book 92 at Page 104. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, and Amendments thereto recorded December 22, 1966 in Book 224 at Page 487, consent thereto recorded December 22, 1966 in Book 224 at Page 469, Amendment recorded December 22, 1966 in Book 224 at Page 494, Amendment thereto recorded August 24, 1979 in Book 374 at Page 784, Correction of Amendment recorded September 27, 1979 in Book 376 at Page 587 and Agreement to Amend Condominium Declaration recorded August 30, 2001 as Reception No. 458154 deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded March 17, 1965 in Plat Book 3 at Page 26. EXCEPTIONS NUMBERED 1, 2, 3 AND 4 ARE HEREBY OMITTED. - /~ CITY OF ASPEN ~ ~ - CITY OF ~,~EN WRtTf PAID '~ ~ -- HRETT~PAID DATE FiE NO. - ~~2~~~ ~= c~tila:sl 8141~~ ~' G3ti18~ WARRANTY DEED THIS DEED, made this 3 day of August, 2005, Between CALVIN R. HEMPHILL and VIVIAN HEMPHILL MARTLING AS TRUSTEES OF THE CALVIN R. HEMPHILL REVOCABLE TRUST U/D/T DATED FEBRUARY 18, 1994 of the County of .State of _ ,GRANTOR, AND SAMUEL SARICK and ESTHER SARICK, GRANTEE whose legal address is : C/O EASTWOOD DEVELOPMENT, 95 BARBER GREEN RD., SUITE 305, DON MILLS, ONTARIO, CANADA M3CE9 WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, not in tenancy in common but in joint tenancy, with right of survivorship, all the real property together with improvements, if any, situate and lying and being in the County of PITKI N, State of COLORADO, described as follows: A Condominium Unit consisting of Apartment 8, ASPEN ALPS WEST, according to the map thereof filed for record March 17, 1965 in Plat Book 3 at Page 26 and the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 63 and Amendment thereto. TOGETHER with all and singular the hereditaments and appurtenances thereto bebnging, or in anywise .ra appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all [he estate, N right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and [o the above rn bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with [he appurtenances, unto the grantee, his heirs and assigns forever. And the m Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, arid agree to and with the Grantee, his ~ heirs and assigns, that at the time Of the ensealing and delivery of these presents, he is well seized of the .~-. premises above conveyed, has good, sure, perfect, absolute and Indefeasible estate of inheritance, in law, in fee V simple, and has good right, Full power and lawful authority to grant, bargain, sell and convey the same in manner oe and form as aforesaid, and that the same are free and clear from all former and other grants, bargains. sales, M liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibtt "A" attached hereto and incorporated herein by reference. The grantor shall and will a WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of ~ W the grantee, his heirs and assigns, against ail and every person or persons lawfully claiming the whole or any part ~o thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. M~ IN WITNESS WHEREOF the grantor has executed this dead on the date set forth above. a~+¢ ~~ "' ,NATURES ON PAGE 2 The person avthor¢ed to receive this document is: JOHN T. KELLY I H8 GARDENSWARTZ Pag O P i 1 A S EN,CO N81 IIIII~~~II I IIIIII III~II'I~I~I I~I'I~~I II~ lll l ~ 3 I~I'I '~ I I I e os ees Iz:s~ l 1 SILVIR DPVIS PITKIN LOLNTY LO R 16 .ea ~ 12$.00 EXHIBIT #2 Mr. Jason Lasser, Senior Planner County of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LAND USE APPLICATION FOR ASPEN ALPS UNIT #208 Dear Mr. Lasser, We hereby authorize Alan Richman Planning Services and Rowland and Broughton to act as our designated representatives with respect to the land use application being submitted to your office for an addition to our condominium, Aspen Alps Unit #208. Mr_ Richman and Ms. Broughton are authorized to submit an application for an insubstantial PUD Amendment for this property. They are also authorized to represent us in meetings with stafF and decision-making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. Sincerely, 1-~ m el and Esther Sarick EXHIBIT #3 COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as ofr f 1' ` d' ` ~~~ hereby executes this counterpart signature acknowledgement and authorizes the ~ attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 200 SIGNATURE PAGE HO MARINA M Y By. i Title: Q~~tr l~'.~Q~~Y-Gi.(GcII .~~ COUNTY OF / ! 1 y~ ) STATE OF ~ ('~~ G ~~ ~ ss. f The foregoing instrument was acknowled ed b fore me this ~~ day of 1~i`y,(frc.) 20(~S, by Ho Marina M Y as f }~ Witness my hand and official seal. My commission expires: ' ~`~ ~ l~ ~' / r ~ Notary Public COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. OFFICE (aka UNTT 201) SIGNATURE PAGE COUNTY OF nrp~-- ) ss. STATE OF C/~Li' ~o fN ~ !~ ) ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation DENNIS IRREVOCABLE TRUST By:~~~/2~ Kenneth Dennis hay g The foregoing instrument was acknowledged before me this ~ day of 200'X, by Kemeth Dennis as /r r~c.~T ~ f Aspen Alps Condominium Association, a Colorado non-profit corporation. Witness my hand and oflicial seal. My commission expires: ~~~ Zc~ 20 /O p P ,~~~ STE. NEPJ ECLY ~ COb?M. #165873 .w NO?,4RY FU6L4C-CALIFGRt;N Orl6.NG'e COUNTY w ~~. ZO~ ~ C^Ad"1. EXF'12'-S PJkF.G9 28 ~ ~ 4 COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 202, 211 and 215 SIGNATURE PAGE COUNTY OF?~ ~ ~ ~l i1 ) ss. STATE OF ~ "~~ ~` ~ ~~ ~ The foregoing instrument was acknowledged before me this ~ day of ~ V I 2007, by John Burgess and Elizabeth Burgess: Witness my hand and official eal. ~ My commission expires: `~ ~ j ( ~ ~/ ~~~~ /_~ ~~~ ~ '- / Notary Public ,.,.. COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being-one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 203 SIGNATURE PAGE COUNTY OF i^~ /rr ,D,lie l ) ss. STATE OF ,~`e ~ f~ ~ L The foregoing instrument was acknowledged before me this illh day of~ 2007, by J~ ~ Le ~ ~ ` h as Witness my hand and official seal. My commission expires: lo~q/i, otary Public /~ ~/ r COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 204 SIGNATURE PAGE .VALERIE A~N.LLC B Y urs'I~f.~ _ ' J S 1~~~ Y COUNTY OF ~'t'u yor~ ) pp,, v ) ss. STATE OF Iv 2w I~~ ~C ) The foregpmg instrument was acknowledged 2008by ^V x? as VALERIE-ASPEN LLC. Witness my hand and official seal. My commission expires: M~ pppARYP11~ ~.etx~BE~tia2o+. IdY before me this l~ day of ~"'j- ~` E $'fAtEE~ pmt MURK ~~~ gp'thXp~.~ ~l Notary Public 7 a~. ,~. COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 205 SIGNATURE PAGE JAIME I. PARIS PROPERTY TRUST S~_ fi'''b A" / By: ~,~y~,~~ COUNTY OF i ss. STATE OF -~ ~^ ' The foregoing ins ent was acknowledged before me this ~ day of ~"M1'1 ~%-~ 200 by ~ (w ~ ~ ,~ VA ~` ~' s as Ti Ids ~ -tk 0 on behalf of the Jaime I. Paris Property Trust.. Witness my hand and official seal. My commission expires: ~~ ( A Notary Public ,.~, 4 i ,~~, COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 206 SIGNATURE PAGE RONYA REALTY NV By: ,~~,~~.~~ ~P~ ~,y ,~~ Title: /1//'D!/j ~L~°l~/lJ , COUNTY OF ~ ~ ~ ~~ ~ ~ ) ~ ~' ss. STATE OF ~ L~Q a L~.C~j~ ) 19 ,The foregoing instrument was acknowledged be ore me this ~ day of ~V` , `(~ 200"$s~Y ~y ~ ~,i(.~ l,~/ti,l~~ as 1'/3-i GIG 1'~ of ,~Ly`lJLjl"Q fin// Y G Witness my hand and official seal. ~, My commission expires: (`/r ~~~ j /i' , ~~, Notary Public d{,( r~ a»~i ^'1.. COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Arnend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 207 COUNTY OF V ,l,k~c~L~ ss. STATE OF L9~>,~ ) The foregoing instrument was acknowledged before me this ~ day of 1 r l 2007, by Jackson W. Letts and Joyce H. Letts. Witness my hand and official seal. My commission expires: ~j~{/ Q- ` ~l~l'11d1/~. Notary Public Notary Public -State of Kansas CHRISTINA R. SFJ~R I'JY Appantmerd Expres 10 sy: ~~ . J ce H. Letts r^ ~~ '~...~ COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 208 SIGNATURE PAGE By By COUNTY OF ~ 1 ss. STATE OF O' ©~ ~~ i ~,~~-y The foregoing instrument was acknowledged before me this ~.5~ day of 200'3 by Samuel and Esther Sarick. Witness my hand and official seal. My commission expires: ~//y f / i l~ ~~,s~~ Gil ~~. Notary Public 11 Yt°*. .....~, y J COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 209 SIGNATURE PAGE THOM~SON FAMILY LA By: i' on behalf of Thomson Family LP >' COUNTY OF ,1 I l n ~ _ i ) ss. STATE OF ~ ~ ~ The foregoing instrument was acknowledged before e thi~ ,~~day of 200~by~~ ~~'~ / `~~~Nis~rt as ~P(~1~ ~ t10T9~._on behalf of Thom'bs¢n Family LP. Witness my hand and official seal. My commission expires: ~ „ ,% otary Public 12 ~..~ -~. COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declazation for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereb executes this counterpart signature acknowledgement and authorizes the attachment of same the original of said Agreement, hereby ratifying and confirming that act of attachment for al intents and purposes as if the undersigned had executed said Agreement. UNIT 210 SIGNATURE PAGE BASLO A CO PARTNERSHIP By: of Baslo a Co Partnership COi.JN'fY OF rud~le.~ ) ~ ss. STATE OF /1'1+~ '~'d~t~ai~ ) -?~ The foregoing instrument was acknowledged before me this ~~ day of ~'O~'~ 2007, by ~lFr"E~'t . E~'E~l~ as ~'~F~ .F'a~a~~ on behalf of Baslo a Co Partnership. Witness my hand and official seal. My commission expires: /,~ ~GG'~ G/ GG' Notary Public ,/ 13 ~ ..,~ ~..~ COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declazation for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of March 7, 2008, hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 212 SIGNATURE PAGE 7'~ x. Harvey Constance COUNTY OF PITKIN STATE OF COLORADO ss. The foregoing instrument was acknowledged before me this 7th day of March 2007, by Harvey~Constance. Witness my hand and official seal. My commission expires: July 27, 2008 ~ ~' Notary Public Patricia A. Hum ry 14 ..-~. '~~ , COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALP5 WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declazation for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 213 SIGNATURE PAGE MARJ/O~RI_E S RHODdES~LL~C By: "";7f'r'"- ~ d~rJ~,-ttr-4Y -/YY'1~T`a-tt1~l/ As: °1'3~rwq:w on behal ff oo Marjorie S. Rhodes LLC. COUNTY OF STATE OF ss. The foregoing instrumentvas acknowledged before me this day of 2007, by behalf of Marjorie S. Rhodes LLC. Witness my hand and official seal. My commission expires: on Notary Public is r^~ ~., ~., COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINNMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of hereby executes this counterpart signature acknowledgement and authorizes the attachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 214 SIGNATURE PAGE I.s~~4_ ~ tl's '£~P L~yLC~' ~~ ~~ ~1 ~ Q~ By: //~~--G'~Ycr/ ,c~ G'u-~/fit f G2~~~"`~~ on behalf of ~€;? LLC. Uc fl ,q GPs, COUNTY OF ~ I ss. STATE OF ~ O(`~ ~~ ',, J T foregoing i e t,yywas acknowledged be ore me this lrv-day of~(~rf 200 by behalf of LLC. vcrq-R~Psr Witness my hand and official eal. My commission expires: ~ (77~ /~ / ~ ~ ~. L~G~ ~L ~ Notary Public 16 ~«. ^~ •~ COUNTERPART SIGNATURE ACKNOWLEDGMENT FOR AGREEMENT TO AMEND CONDOMINIUM DECLARATION FOR ASPEN ALPS WEST CONDOMINIUMS AND POWER OF ATTORNEY RELATING TO CONVEYANCES OF INTERESTS IN COMMON ELEMENTS The undersigned, being one of the parties to that certain Agreement to Amend Condominium Declaration for Aspen Alps West Condominiums and Power of Attorney Relating to conveyances of Interests in Common Elements, dated as of ~ hereby executes this counterpart signature acknowledgement and authorizes the ttachment of same to the original of said Agreement, hereby ratifying and confirming that act of attachment for all intents and purposes as if the undersigned had executed said Agreement. UNIT 216 SIGNATURE PAGE ~~G,~;v~ LEBOVITS - -. --. , ---_ Bye .~ ~~1~,vvL ~-e~Z?`-„_.t3 nn ~d5~~ COUNTY OF mil ss. STATE OF JYf1L ~~`~~ The foregoing instrument was acknowledged before me this ~,,:_ day of D 20t~, by N~ t7scs L u~ u~ as o~-nd. ~ I ,nr~ v i l~j on behalf of Lebovits & Moses. Witness my hand and official seal. My commission expires: 9 Notary Public 3916044_I.DOC LISA KAY DIMRROFF Comm!ssion * 7 712215 Notory Public -California € Los Angeles County Corrm Deo212010 17 ~ .. ti EXHIBIT #4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jason Lasser, 429-2763 DATE: 6.30.08 PROJECT: Aspen Alps PUD, 200 Bldg. Addition REPRESENTATIVE: Alan Richman, Sarah B., Andrea Hingley DESCRIPTION The applicant would like to add a 300 sq. ft. addition to their unit in the 200 building of the Aspen Alps PUD. Approval for the use of additional unused FAR had been received from the neighboring property owners. The lot area is 32,955 sq. ft. The proposal requires an Insubstantial PUD Amendment and will require an amendment to the recorded condominium plat upon completion of the division. Land Use Code Section(s) 26.304 Common Development Review Procedures 25.445.100.A Planned Unit Development, Insubstantial Amendment http•llwww aspenpitkin com/deptsl381citycode.cfm Review by: -Staff for complete application Referral agencies for technical considerations Community Development Director for final determination on Amendment - Note, a public hearing is not required for this proposal unless the Community Development Director determines the request does not meet the Insubstantial PUD review standards. Planning Fees: $705 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $235/hour) Total Deposit: $705 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. Signed fee agreement. 5. Completed Dimensional Requirements Form. 6. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. An 8112" by 11"vicinity map locating the parcel within the City of Aspen. 9. 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 must be current (within one year) and signed by a surveyor. ..~ ~, 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 11. List of adjacent property owners within 300' for public hearing. Contact GIS Dept. at 920.5453. 12. Copies of prior approvals. 13. Additional application material as required for each specific review. (See application packet and land use code) 14. 3 Copies of the complete application packet and maps. HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff =1 Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. 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. .~°~. ""~ EXHIBIT #5 ORDINANCE N0.28, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COi7NCIL APP120Y'ING A PROJECT ,.. PRESENTED BY THE ASPE1~ AT,PS"CC1ND(S1C%ITN'It7NCAS`SOOCI:A1'1'O1~ FORA CONSOLIDATED PLANNED iINIT DEVEY,OPMENT, REZONING, SUBDIVISION AMENDMENT, AND GROR'TFT MANAGEIGCEI~7`I`QUOTA _. SYSTEM E%EMPTION FOR I:OT 2B OF MOSES LOT SPLIT AND A :.. REZONING OF TIIE LANDS WHICFI-INCLY7DE LOT 2B, THE 30U 400, AND 700 BUILDINGS OF THE ASPEN ALPS, AND SIJR'IiOTJNDI'NGLANDS OW1~ED BY THE ASPENALPS CONDOIGIINIUM ASSOCTATrO1V, VC'IiICTI ARE CURRENTLY ZONED EITHER R=15 PUD OR CONSERVATION TO LODGE I __ _ ,. TOURIST RESH)ENTIAI, PUD (LlTR P17D)TIiE"A"SPEIV ALPS 'w.. . _. ... .. CONDOMINIUMS, CITY OF ASPEN, PITKIN COIINT'Y, CdT.ORADO: Parcel ID: 2737-182-56-004 WHEREAS, the Community Development Department received an application from the Aspen Alps Condominium Association (Applicant), represented by Alan Richman, requesting land use approvals for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption for the construction of 3employee-housing units and a two level sub-grade pazking garage. The property on which the construction is proposed to occur is described as Lot 2B of the Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps Condominiums; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, Parks, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department- recommended approval for the proposed land use requests for Lot 2B of the Moses Lot Split including a consolidated planned unif development, subdivision amendment, rezoningfor the lands which include. Lot 2B, the 30Q 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned. either R-IS PUD o{ Conservation to Lodge /Tourist Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, and GIVIQS Exemption;-and WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval, by an unanimous vote of six to zero (6 - 0), to the Planning and 7,oning Commission to approve the proposed three affordable housing units for the employees of the Aspen Alps Condominium Associafion; and WHEREAS, the City of Aspen Planning and Zoning Commission forwarded a recommendation of approval, by an unanimous vote of five to zero (5 - 0), to the City Council to approve the consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, lllll (~I~II IIIIII III IIII~IIVIII II 463766 III III VIII IIII Iill 02908/2002 11 : S3C R 38.00 D 0.00 ~~. which aze currently zoned either R-15 PUD or Conservation to Lodge /Tourist Residential PUD (L/TR/PUD)from R-15 PUD to LJ1'R PUD, and GMQS Exemption; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the City of Aspen / Pitkin County Housing Authority, the Aspen Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a duly noticed public hearing on August 27, 2001; and, WHEREAS, the Aspen City Council acknowledged Ordinance 31, Series 1992, which placed certain conditions on the future development. of Lot 2B including: a. The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utili2ed by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units; b. No further development or additional lot area for floor area, bedrooms and additional density or major new'recreational facilitres such as tennis courts and swimming pools shall occur on said Lots 2A and 2B. And after reviewing the proposal for the addifion of three Affordable Housing units on Lot 2B, as part of this development, is in the best interests of the City of Aspen to modify Ordinance 31, Series 1992 regazding-the addition of the three Affordable Housing units on specifically on Lot 2B; and, WHEREAS, Ordinance 28, Series 2001 shall effectively modify Ordinance 31, Series 1992, which placed certain conditions on the future development of Lots 2A and 2B and shall only apply to Lot 2B; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council, by a vote of five 1o zero (5 - 0), hereby approves a consolidated planned unit development, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association to L/TR PUD, the subdivision amendment, and growth management quota system exemptions for the construction of 3 employee- housingunits and a two level sub-grade pazking garage on Lot 2B of the Moses Lot Split, City of Aspen; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfaze. ~rer~w~~~in~~ -~p~:.,.. -, _.~ NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIT, AS FOLLOWS: Section 1 Pursuant to the procedures and standazds set forth. in Title 26 of the Aspen Municipal Code, the request for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption, are approved for the constrnction of 3 employee-housing units and a two level sub-grade pazking garage located on I.ot 2B; the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association; which aze currently zoned either R-15 PUD or Conservation to Lodge /Tourist Residential aze hereby rezoned to L/TR PUD; City of Aspen with the following conditions: 1) That the Applicant shall provide full accessibility to the tennis courts located on top of the gazage and that all bathrooms and office and laundry rooms require full accessibility as required by the City of Aspen Building Department; 2) That the Applicant shall designate specific pazking spaces in the garage for the deed-restricted affordable housing units; 3) That the Applicant shall- submit the following plans to the Engineering Department for approval prior to application for building permit: - Construction Traffic Maintenance Plan - Construction Erosion Control Plan - Drainage and Dewatering Mitigation Plan - Noise and Dust Control Plan - Soils report - Full set of construction plans 4) That the Applicant shall, prior to excavation, conduct two bores on the Southeast and Southwest corners of the proposed pazking garage to determine the level of groundwater. If groundwater is encountered within the proposed excavation, a plan detailing how it will lie diverted to the nearby-mine drainage ditch is to be submitted to the City of Aspen Water Department for approval; 5) The Applicant shall agree that if seasonal water, groundwater, or dampness is encountered during excavation, the applicant will need to employ extra measures to make sure the proposed affordable horsing units do not have mold or mildew problems. The Applicant shall agree to consult an engineer if this is the case; 6) That the Applicant shall conform to the approved dimensional requirement s for Lot 2B as stated in Table 1 below: IIIIIIII~IIIiIIII~l7~IIIIII~~~II~I~II~~IIII~IIIIIIIIIIII 46a z66 ~~.stF `~ cOUNTr c0 R 35.00 D 0.00 8...._. Table 1. Dimensional Requirements Comparison (units measured in feet or square feet) 8) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the Environmental Health Department prior to-the application of building permits. ht addition, the Applicant is aware that there aze no°special regulations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler.-Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. Therefore, the Applicant shal] require their contractor to keep all mine-related soils damp at -all fimes as a dust suppression measure to prohibit the release of particulates into the air. The Applicant shall ,contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the Applicant shall contact this office before moving soils off the site. The Applicant shall consult with the Environmental Health Department once they have soils test IIIIIII~II~IIIII~IIII~I~~IIIIII~~IIIlII~IIIIIIIII~1~ 46az66ii:s RVIS PITKIN COUNTY CO R 39 ~ if D 0.00 7) That the Applicant shall be required by the City of Aspen Environmental Health Department to have the Aspen Alps management notify its contractors about City ordinances prohibiting vehicle idling-for. more than five minutes, and not starting construction work before 7 am; ~- ti ~i f~ results. Finally, the Applicant shall maintain constant dialogue with the Environmental Health Department and include them as a monitor during the excavation of the soils for the project. 9) That the Applicant shall be aware that the Director of the Environmental Health Department my require any person undertaking to conduct activity or development within the site to test any soil or material to establish it's total lead (Pb) content. All testing shall utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to ,Ordinance 25, Series 1994). 10) That the Applicant agree's to provide the Aspen Pazks Department with an excavation plan that indicates how the proposed excavation will take place for the project; 11)That the Applicant shall provide the City Pazks Deparhnent with an excavation and landscaping plan for their approval prior to the application of building permits that includes protection techniques to be employed in the areas marked "trees to be saved if possible" on the current landscape plan. If the spruce trees on the.adjacent property direc@y to the south (along the fence) that are not mazked on the site plan are damaged during excavation, the Applicant agrees to replace all the trees damaged at the Applicant's expense; 12) That the Applicant shall file an appropriate deed restriction agreed to liy the City of Aspen Attomey with the City of Aspen / Pitkin County Housing Authority prior to the issuance of building permits and the Applicant shall conduct a site visit and tour of the three employee units with the City of Aspen / Pitkin County Housing Authority Staff prior to the Certification of Occupancy; 13) That the Applicant shall draft a modified subdivision agreement that shall include the decision by City Council to amend the current restrictions associated with Lot 2B of the Moses Lot Split and the subject of this application and present into the City of Aspen Attomey for approval and shall have this document recorded with the Pitkin County Clerk and recorders office; 14) That the Applicant understands that the existing restrictions on Lots 2A and 2B continue after the rezoning occurs. The Applicant agrees~the deed restrictions will not be dissolved by the rezoning; 15) That the Applicant amends the plan to provide better access from the employee units to the pazking spaces in the gazage. Specifically, the Applicant shall add a garage access door from the walk around patio in -front of the employee units to the top level of the garage where space 41 is currently proposed. Parking spaces for the employee units shall be required to be dedicated as close to that access door as possible; 111111 IIIII IIIII IIII Ilillll IIIII IIIII III IIIII IIII IIII 46 s zss ; I :SI~ SILVIR DRVIS PITKIN COUNTY CO R 38.00 D 0.00 ~ ,.T. . -. •.. , 16) That the Applicant utilize a color treatment such as earth tones for the employee units so that they aze effectively blended into the hillside; 17) That the Applicant shall not operate a dry cleaning service in'the laundry facility proposed in the sub-gade garage; 18) That no night time lighting be installed for the tennis courts located above the sub-grade gazage; 19)That the Applicant agees that only Aspen Alps associated vehicles be permitted to use the garage. Specifically, those would be vehicles of the unit owners, visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps fleet vehicles; and 20) That the Applicant has agreed to begin and conduct the excavation for the project only between October 1 and May 30 of the year(s) of construction of the project; 21)That the Applicant agrees to file for recordation a Final Plat / Plan PUD / Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's Office within 180 days of approval by the City Council indicating all current improvements and conditions of approval for the entire Aspen Alps property as described herein; 22) The Applicant shall convey an undivided fractional interest (one tenth of 0.01%) in the ownership of deed restricted affordable housing units to the Aspen/Pitkin County Housing Authority for the purposes of complying with the- recent Colorado Supreme Court Decision regarding rent control legislation. The Applicant may submit an alternative option to satisfy the rent control issue acceptable to the City Attorney. 23) The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similaz charges related to ownership of the deed restricted affordable housing units. Section 2• The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the Community Development Duector to reflect rezoning of the lands which include Lot 2B, __, . _u- the 300, 400, and 700 buildings of the-Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which aze currently zoned eitherR-15 PUD or Conservation to Lodge /Tourist Residential PUD (L/TR%PUD). Section 3• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentaflon presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby 463766 Page 8 of 7 I111111I~II111111IIII fllllll IIIN Illlf NI Illll IUI Ilil 0 Z,08,Z00Z 31:S~F 0000 ,-,, ....; 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 4• 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 5• 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 PUBLY~HED as' provided by law, by the-City ` ```+ ~4ur~c~1 ~f the City of Aspen on this 23'~ day of July, 2001. Attest: ~. Katlirya3 . ~~och, City Clerk le alin a d, Mayor L0+-~~ " FINALLY, adopted, passed and approved this 27a' Day of August, 2001. Mayor 6~'pjuovLrd as to form: n orces r, City Attorney 463766 IIII~ill~lllllllllhlllllllllllllllllllllllllllllll1100z;08ozo0001~a~~ ____ ,~. ~. ,, GRAPHIC MATERIALS a:pen arpt sovtr c C m ~I ~,; ?,-~~".. o S tl -i~O 'C >~:t South Original Street -- n r a ~gv 3 rt C P ~ ~ b A w ~ rv b - W O N V h ti P A - ~O ~ N N pqJ~ N ~ $ ~ P l- b b ~ 1.~ N ^y & r+ ~ ~ n C M r • 5 e - ~ p N - ~' _ ~ N O ~ N S _ N e b M ~ A N ~i One WaY Stroct r ~ tr y N . e n. ~ ~ W NON e Sourh Sprang Street ' ~ I _ ~° _ ~ T C O O d ,.. D L p ~ p m V1 (1 ' G e r S V 5 A O O A Ac d u P O N O e A ~ N p u v Q N N \ O \ N N n I O s 0 ~1 A d e I N e } n~ ~.S ~~~ ' ~e ~~~ ? Y W~,a~~ i ~ ~ i ~ ~ ~ ~~ !Ii ~i <f nq ~ ~ j y ~(u F~yjj~~~~ ~ ~ ~ F~y YO S b 3 I~ U n ~' F ~ ~' ~ $ ,y g! i ~ ~ ~ 7 f O~iI I! { 1 ' ~ ~~'E p ~ h 3~~aA~ o $ g e .. $ g W ~ Z rygh n Np%m~ I ~O 8° ~ gg1 S LL S 4 ~ LLf !N ~ 02 r fIe9 ,^ V p ~ i ~ o~?~aa i w ~,~e~ o g~ otlsa5g i I yv ~a ':1 e~ ~ m Um i nl ll ~,~ +~,. 8~ ~~~ wB~E 'a 3 Y 3 K ~ G $ V € € K ~ ~ ~ £ g O ~tyw~8^~ ~3~~B~RG 6 ``>~gH ~~~~~~ ~ $iR~f lu ~ II ; tl 1 ~o ii ~ n o ~~ a~ _ ~HR ::P ..~:~ J -'~ i u ~u~ I: II II h (O ~ ll II , I; II II II i Q z3 'I II U u III >I ~ ~~ y u W W ~~ III II J U ry. ~~ ~~ elf,, 2 $ I~~.W O z 0 U U 2 W z 0 0 0 W 0 a Z ~S~ ~h `~l F` F.y '.,y ~i ':C ~7 ''. '~-r O <r ~::,~~ w ~ v ',P` ~ ~ u ti . O ti r' W ~ s rf .., c-~ U F.+ Mr ~~ ~M ~a F~ W y J zW a ~€ z =3c^ +~3 >U Qu ~GN `t ~W 2~. .i'o ~~.lW N = tA~ ~ ~ ~ m 2 ~o~~~~,PPOFV.SS\O \~ r rQ ,N ~n N M n 4 A [i. 4 4 h C ~ VPI N u ~ _ro ~ ~ p W O C ~ .7 ~ yip W li 00 i N Vi e c v,m e~ c ~ 4. W W I y N p~ ~' mOP i T a n p 4. Y. W 1 3 .n°' $ y i r R N h ~ R r N N y ~~~ O ~ i ~ > m 4 p ~ q W~ 09 O ~ .5 ~ L I~ VJ f4 Vl f" i W. ~ ~ ~ ~ ~ _ y ~_ ~ ~ z d s ~"' p u. _ ~ O ~ ~ .i o j a Y ~ ~, ~ I A G s e~X~ gg 5B SS ~CYE ~~~3g J s~~C m~u =17 ~~5~~ ~j3~c ~'E; O z ~ -> > ~ w ` ~' s ~ ~ Q{,0 tl0A),~, "o»...... 9 'C F a E c . s Snt 8 F ~ I _~ a `~ ~ : ~ LL - x ~,'s a y - ti ~' c ~ m ~' W ~ 3 n Q ~ ai > w°= ~ ~ ~ l N W ~~ i ] Q3~ 5~.i a -~~ / ~ ~~ ~•1 F/' i°i ~~'~ \/ ~~ /~~ lyT,i l..L,a LV ~~ .~ (.,~~ V ~~ ~_ 4~ ~ ~.: .• \ ~ :: ,~ -e "+ ..~ ti ''~ ~~ rte, ~ F a I;r. "T; ~~"+ f, :~-^ _.W :'" ~q ~~ u ~~r, %t,l ~~.~ ry •r ', l _~ ~s;~= ~7~ •~ ii r ~V rr~ F ~T~ ~A/ +V Y~ -~ J~ ` -i A r-; n,J C t~ I I v r III ti4 I. os~ ixJ wl / ~~~ px' µCC ~aa° ~~< I~---`-- i ~- _ I'---- ~ ~~ I i~45 ea~d '.~~z ~S~Es c524 ~._~ J',. = L °;y c2 3 Stb ;y .: ~sca ;~~4y LL6>~i N;~ ~.~ [~J~ ~I l„ P..y ~~J E-~ O '" .y ~OcJ ,.r .-~ ~~~ ~" E-~ C rs ~'. ,-~ C" O U i ,.:~ ~ W c-, ~ rn -r; :;~ ~ ,s ~ ~`-~ .-r Q f`y ~i"1 a~ ~~ C7 rq ~ .ti ,+-~ Cb] `~ . ~ ~~ ~~ ~ ~,y ~.J ~t~ l~ r:%1 ~. _ ~S~ ~~ F'"~ ~~ ~l R~ Cy .~ ~.... p_i i i,y i \,I.~ n n•au i i i i i 1 i i - Y 9,' ~. ~. tp tlOA~d ' Q ..?s E 46~ ° ~ a 3 : . n ~" r. j n _ ~O`? S \ W - gac... ~~ PROdtS O ' \ -'o w ~ is . U - w p Q n z ~ w wo ~Q ~ - ,~ y - n uo rco ro ~4 u .. r ____ __... :i-~i _._ ~~ r i (f .__~I z ; > ~ ~ a m - N C7 - Z ~ H Y F ~ ~ z ~ ~ J a u ~ v a ' ~ K $~5 ;Y, ~S K ~9So q~^~~5 E. g'd F, ?~`~`i :Es p,j (~'4 ~~~i~ `~~c~ 3~'^3i m~: ~.~~~ t 'E~i~ YSa-a. >~ ~+ C`^t 4 r'^r C"Y ~~ ^` O 1^Cry -.J W 4~ K ~ + ~1= ? ~ ~, o ~r`` u M16Y `~ n 1...{ e!n ~~~~ ~" v~ <~ ~~ '-~' ~; ~ ~ s~~ ~ %'~ C'~+ !r a. ',~~ ~~ `-UJ C~ `1M~ C N .~ r'~ 1.-r }JJJ~ PiS `(1 •'i~ -~ 1. 1 Z~ '~r~ 1 ~4 li •1-H ~1.~ r ~ ~m~,._ E ~:;~, r NN fr~ C ~ _...i~_L_. _. ~. S"9i ~, z w r a ~~ y A' . ti ~'to b~ ^b~s ¢ ~ Q W;a ~ ~< 8 z E, > V ~ ~j ~ I~ p V N q 6~t~ ~ ~O2 ~y y N u ~ SS o~R~L ~ '" u] H ~ PROFE i t ~<° ~ ] ~ ~ ~~~ ~ o ti a ~ u ~~~; I s ~«s J o ~~m 0 ~ o w " u ~m w~ ~ z w p~ ~ o hu _ .R a y~~ >; ;'a j~~$# _$~ E3>~o ~i+~~= V3~g4 aY~''~ G3~Rs z as°E o ~'6~~g L $ p8~~ Olc 9e ~ ~a i c ~ v@ *~ - gg 3~ ~ s ~ 8 r~ x in = i~d ~m~am6 ~ O,-ry ~IV N ! 2~ 8~ 8~ oo 'o$ od ~ m ~ ~ I ~~ ~ $$ w2 >o YO ~'~ ~ ~ roC U'W ?~w ~ r l ~ iiii a 0 a~e ~ ~° ~d ~~~~ ~ u~a~ ~ f QEl~6lI ~. 3 w x r O z c~ z X W 3 w r x 0 z c~ z 'r y '~ r r 0 z 0 w O O a 3 w z c~ z rn X W W J W 0 0 w a 0 a W h C Z O oW S a 3 3 w x O z z • N X W w y ug x F O N w 0 0 a o~~~~~ i I ~i I ~ rng~ ~ pq t~ e`z,,p ~ _~ w06 r~lE~ ~ z~ WIZ f{ ~;~sg ,_ ~ xo ~ 4 d I=aa N Ih ~ g51~ I ~'~ $F $~ e~°d~~ I UZ yW 4 Gs~j ~ N_p~i{ w ~ I~l i o_~eg ~ 3og s~ "~~ ge~3!6~ I' uaic°.> s~ f ~ ~~~a~ ~ u~aw ~ Q~Idill~ i;` R e of of a 5 '"fir, : ~t I I n ~~ __ i _._ _.. __ ~l ~~ h ry I ~~ V 0~~. Oil _ _, I~ I i -I ~ ~ ~ II -~~~, ,w,: o ~ I, ~ ~ J w ~ w J I I w I r N ~ i II m I ~-__ W § i Z• ~, o M ry ~ ~ ~~ ~~ ~ti ~i ~ '~I ,l~ ~ ~~ N Q I ~ il. O A [@~^ ~~ I Q a ~~ ; . Da + a I v~n~ ~ g ~ li ~ d ~ m~ $~ ~ F ~ ip ,. ;~~i pp~! ~gg ~ s ~ g g mg ~~ N~ S~~y qgq m~ 02 8 ' ~ '. O~Yd~: 3 o oI $$ $x 08 ~_. O -I a II ii II i O '~~ - II h ~, -- ~. Y q~q X O _. I E P~ __ _... _. ~ [[ ! ~ i ~ ~ . _.. O _ I _.... ~~- f~ i __ it ICI yiy 1 I J li I~ II ~ O - __ _ I O ii ~ ~~ W ~ 6 ~u l~ u ~ o ~~ n I !I ~' Z; O _ ~~ ~~ W ~ I ~~- ~ ~ ,u,.. `. ~ ~, I 1~ I, ~ ~ N ~ ~~ ~ ~~ '; ~ o ~~ ~ ' .~ l '~ 'I ~~ ~ I~~~ i '~i u II~: ~ -~ ~ ~ I o __ ~ -~ ~~ ~, ~,l d ,~ ~ ~ ~ oFO° m ~ ~ o_o~ a~ae o9 ~_ t 'u ~ m w I 'a U 0 F ~Z ~U v~ 6 $ to n 0... O O O _. O 0 0 0 LJ ._ & `~ a N 11 ~!~! ~ zNF ~ ~ ~ IIl '~ 6 ~ ~ I~;`~ ii1! ~~~~ ~ ~a ~ Ql~~ _~ Ii r ~ I! ~~ x~ ~ ay .'3"q ~q:q 0 pp e, o,=o,g ogo,g 6. p°~ ~gBg~A 0$^§1~ o~~~n^ ~ @ c`c m ~h ~~@sp.~~ ~mE$m: III II ~ g S ~ ~ tl ~ $~ $~ $o o° $~ $w yoo ~ n~ ~y ~~mi y^1 $'~ $a $0002 I. ~ i ''. ~ O ~ UZ I ap NU ~ m ~ ~~ r u rn w d S¢ r I~~ 4 Ge W~?I ~~I II w 9a W ~ a EEy N_f~O y x00 E WdLL ~ ' O~I! 1 f1°E I~ ~ 11i91~'I Q~e~~I~l~ ~.^^, a.,,~,. O 7 O I __. yyy x9e sell k _.. ___ _- .x en f, ~ y __ ___ .__ _. _. .M h.94 . .BN 4.24 . M !'.94 394-14 I _. __ ' I 4 I ~ ~ ~ I II I II I I I I I II I r _. ..... _ II I it i.. I I ~ II ~f 1' ~ I I I I II I I I .. II II I II I I I I I it I . q rv I II I II 4 I l ~ ~ I I L I u y f" l l ^ L ". I I - I __ __ _ I I L- 4 I i -., h l I ~ _-~ I .__._ I _ i. _~ I_l 11 I \i II ~~ u I I __ ,T ~ ~ ~' ,. ..- .,r. I I I ~ u i. _ ~ I I L. I ~ _ -~ I ° I _.... I I ~" ,. . II ' $~ ~. -~~i I I~ _ I ~ t ~ , 1 I~~ ) ~l P~1 ~_ _ , - ~ '. : O m y . _ _~_i.. _ .1. 4 ~ ~ ~ ~ .~~ ~ _ _ sY_ o t 1 ._.. _ - _. '_ _ I. . I... III I i III d.. I .. _. I ~I _f I I __- _ _ ' _ _. I I I:_. ____ I ~ I I I III _. -! _ _ II I .. II __._ ~I _ I II I ' h I ll I, I I I NI ~ I I ~I II I~ bll I i I I I li li ~ p' I ~. ' i '~I ~ I ~ I li li ICI I I II 'I II II II ~I _... ~ ~ II I ~I '. I I ~I II I I ~ ~~ III II. III, II I I ~I - I i I i I I I I ~ ~ ~ I II I . I I I I I I a T I I I _ I I .._ ..~ _ I, I I II ; . I II ~ I II ~ ~{ I NIf O1 Nl.LA ~ II I ~. ~ I1 i ~ y II I l I II b it ~ II ~I I.. I' I • I I I n b I II ~ II I L ' ' ~I ' I v I ii .~ i a -.. i ~ , CI O O O ~ O i G r ? O W P 0 T r 4s.,. H N w f d yJ ~ ~ rl . W ~ ^ ..•-i wI7 ~ ~[-n: :~\ ~~. ~: , ~ ,. ~ ? ~ ., ~. .. •. _J~ ~ r ~:. °~`'~ „4~.*, - ~ ~~~~~ ~~~ , . ~ ~~- ~ \ . ~, ~ ~~ ~~ :~~• ~~~ .~ - ~ w ~-~ ~:~ ~: ~~ - ~~F~ r ''~¢. ._ .; ~ .~ ::=,.~, O 4 m THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 6, 2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0036.2008 ASLU (700 Ute Ave. #208 -Insubstantial PUD)• The planner assigned to this case is Jason Lasser. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. p~ Your Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th ou, fifer Phel eputy Director City of Aspe ommunity Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc l`~ rowland+broughton architecture and urban design TRANSMITTAL Project: Sarick_2622 E~EII/Et~ AUG 2 ~ 2008 clrr of asPEnf COMMUNITY DE~iELOP"~E~'f Subject: Requested Information for PUD Amendment Date: 27 August 2008 To: Jason Lasser From: Sarah Broughton & Lynsey Wedd Via: Hand delivered Attachments: See below If you do not receive all attachments listed above please call immediately. Cc: Please find the attached additional information regarding the PUD Amendment at 700 S. Ute Avenue, Unit 208: (3) copies of G-001, Survey and A-120, PUD Amendment 2 dated 08.26.08 (5) images of the site from 27 August 2008 Please note that the grouping of aspen trees shown on A-001 has been removed since those original photos were taken (in 2006) in accordance with an agreement between Pam Cunningham, on behalf of the Aspen Alps, and the Parks Department. The 5 images submitted with this package show that the trees are no longer there. We will not remove any of the trees that are existing now, as shown in the photos (dated 27 August 2008) and the Survey (dated July 2008). Thank you! Sarah Broughton &Lynsey Wedd Rowland+Broughton O Q .~ ~. ~] J -~a C ~ ~ m`-°~ F W F~v f V y f~3 do d~~ ~Nm a~~ °~ ~ ~ N N z~m oo~ 3 ~ ~ O d N O,pO 3>j ~ n p ~ o 'O W ~mm ®~ N O O Fem. ~, , V aoN OWA C W A tp0 ~~ O O ~ O ~ W O A V O W 3 ~ V W O O ~ ~ A W A O (J ~ A ~ V W W V l d ,_~; ~~' ~ z ., x5. +. _ ~_~ .__._ ~ ~y _ _ ~ ~"!; -. .avaF ~~_fi- ~Iri -_ ~.~ -~~ X111 f 7 ~~ r ~,., '~~ i ~ M~ ~~'~ - ~. , .~/+~~ . 1 •J ,~ ~ /~, r ,. -' /r ~ ~Kf'~i. ~~ ~~ ~ ~-- °, - - ', ~ .,f ~ ~ "" -., ~ ._ 4~ G 7~. < . , ~,. ~~ 2 ~ ~~ '~ x ~'. ~' a r ' j' -y ~~. , P. ~ ~ t r ~ • ~ , \~ .~.,,.•-- ~~ "lam ~ ~y~.a~1 ..y~My6 . '!. 7~"ri~ ~ _... 1 f ~ ` ~!r t ,7. ! ~ .~ ~ ...+~ _ r', µ ~ ' ~' "fi ~ ~ ~ -, tom: ~~p`^r.1~'~.,~' ~..:.- ~' 'i R1 ~- T _ - t. } ~. 4 1. 1. . t~ _ wv~'- . - .~ .~ _ ~.I' .. . _'_ a~~xt ;l •~'~i ed i ~'~, )~ ~' Page 1 of 3 Jason Lasser From: Lynsey Wedd [lynsey@rowlandbroughton.com] Sent: Thursday, October 09, 2008 3:21 PM To: Jason Lasser Cc: Sarah M. Broughton Subject: RE: SARICK- pud amendment Jason, The area is 1 SOOsf net livable. Please let us know if need further clarifications. Thank you, Lynsey Wedd, Assoc. AIA rowland+broughton 970.544.9006 office From: Jason Lasser [mailto:Jason.Lasser@ci.aspen.co.us] Sent: Wednesday, October O8, 2008 12:02 PM To: Sarah M. Broughton Subject: RE: SARICK- pud amendment Sarah, The plans show net livable for unit 208, but 1 think that the number is actually for gross floor area- Could you clarify? Jason Lasser Ciry of Aspen Special Projects Planner Community Development Department 130 S. Galena St. ~ Aspen, CO 8161 I 970.429.2763 ~+lc~+'asTcnpitl~in.com From: Sarah M. Broughton [mailtosbrough[on@rowlandbroughton.com] Sent: Monday, October 06, 2008 9:40 PM To: Jason Lasser Subject: RE: SARICK-pud amendment Thank you Jason. It sounds like the plat issue is resolved as per your conversation with Alan Richman. Thank you for working with us on getting the permit submitted. Sarah Broughton aia/principal rowland+broughton archirecrure and urban design 117 south monarch street aspen,colorado 81611 970.379.0111 cell 974544.9006 office 970.544.3473 fax wu K~.ruHJandbr~uthtnn.cnm 10/15/2008 '""""* Page 2 of 3 From: Jason Lasser [mailto:Jason.Lasser@ci.aspen.co.us] Sent: Friday, October 03, 2008 1:59 PM To: Sarah M. Broughton Subject: RE: SARICK- pud amendment Sarah, As I told Lynsey, we'd probably be able to have the case processed by Friday of next week, but 1've just submitted the packet for the insubstantial PUD amendment request to Jennifer for her approval; she will do her best to have any comments by Tuesday. The next step when/if the PUD amendment is approved, a development order and notice of development (published in the Times) will follow. Some confusion about the plat- the application only has the existing plat. We'll first need a proposed plan (print, not a mylar) to review for changes and after Staff review and sign-off of the proposed prints, you'll submit two (2) mylar plats with appropriate signatures (except for Comm Dev Director, City Engineer, and Pitkin County Clerk & Recorder), etc. Jason Lasser City of Aspen ~ Special Projects Planner Community Development Department 130 S. Galena St. ~ Aspen, CO 81611 970.429.2763 ~ w~civ.as~en itkin_cpm From: Sarah M. Broughton [mailtosbroughton@rowlandbroughtomcom] Sent: Thursday, October 02, 2008 3:16 PM To: Jason Lasser Cc: Alan Richman; Lynsey Wedd Subject: SARICK- pud amendment Hi Jason, Good to see you in Vail! 1 am following up on your conversation with Lynsey about the Sarick (Aspen Alps 208) PUU amendment. 1 know you are under [he gun, but we are hoping for the following timing: 1. We have the quarterly HOA meeting next Wednesday, 10/8. Ideally, it would be great if we could have the plat mylar with us at the meeting where we could get people to sign it. 2. We have instructed our surveyor to start preparing the plat so that we might possibly make this timing work. Do you see any risk in this? 3. Obviously before the plat can be signed, we need to have the PUD amendment. Is there anyway it can move up your list so that this timeline can be met? Thank you for your consideration, Sarah Broughton aia/principal rowland+broughton architecture and urban design 117 south monarch street aspen, Colorado 8161 I 970379.01 I1 cell 970.544.9006 office 970.544.3473 fax www.rowlandbraughton com 10/15/2008 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: 7~D uf~- Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, t~t'Y~9~~ J GGf ~ (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: V 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. ~~ S~-~ Signat e The foregoing "Affidavit of Notice" was acknowledged before me this 27 day of ~~-o~e.1 , 200 0, by ~A~, 5~~,~ ll PUBLIC NOTICE Of DEVELOPMENT APPROVAL WITNESS MY HAND AND OFFICIAL SEAL My co mission expires: 00 ~ ~ =' .> Notazy Public ATTACHMENTS• 6t0ai0t180 Sa_ ~o~ x~~~'S°wwo0 RW COPY OF THE P UBLICATION 213A3W vanes ga ~mm~~ PuElished in tie AsOen Tlmes Weekly on OC1aEe! 28, 2008. (2J3423C) NOTICE OF APPROVAL For a condominium unit legally described as Apartment 8, ASPEN ALPS WEST, according to the map thereof filed for record March 17, 1965 in Plat Book 3 at Page 26 and the condominium Declaration for the Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83 and Amendment thereto, and commonly known as Aspen Alps Unit #208 (200 building), 700 Ute Avenue, Aspen Colorado Parcel ID No. 2737-182-72007 APPLICANT: Samuel and Esther Sarick, 95 Barber Green Road, Suite 305, Don Mills, Ontario Canada M3CE9 REPRESENTATIVE: Alan Richman, Alan Richman Planning Services SUBJECT OF AMENDMENT: A Condominium Unit consisting of Apartment 8, ASPEN ALPS WEST, according to the map thereof filed for record March 17, 1965 in Plat Book 3 at Page 26 and the condominium Declaration for the Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83 and Amendment thereto, and commonly known as Aspen Alps Unit #208 (200 building), 700 Ute Avenue, Aspen SUMMARY: On behalf of the Aspen Alps West Homeowners Association, Alan Richman of Alan Richman Planning Services has applied for an Insubstantial Amendment to the Aspen Alps West Development. The Applicant is requesting amending the PUD to allow fora 208 square foot expansion to Unit #208. The proposed amendment is requested to allow the expansion to the 200 building (approximately 28,181 square feet) which sits on a lot that is 32,955 square feet in size. The current zoning for the 200 building is Lodge (L) with a Planned Unit Development overlay (L/PUD). In 2001, the City Council adopted Ordinance 28, Series of 2001, rezoning the Aspen Alps buildings that were originally zoned R-15 or conservation to Lodge/Tourist Residential (L/TR) with a PUD overlay. Approval for the applicants to submit an application requesting the addition has been provided in individual letters from the owners of the Aspen Alps West Homeowners Association (Exhibit #3 in the submitted application). ,.-.. STAFF EVALUATION: The existing building is located in the Lodge (L) zone district with a PUD overlay (L/PUD). The allowable FAR for multi-family projects established prior to the adoption of Ordinance No. 9, series of 2005 is 1:1, or 32,995 square feet. Currently, the building uses 28,181 square feet of allowable floor area, which will be increased to 28,389 square feet, leaving approximately 4,606 square feet of remaining floor area that could be added to the 200 building. Staff finds the requirement to be met. The existing lot is 32,995 sq ft. and the existing building has a footprint of 11,395 square feet. Increasing the existing footprint by 208 square feet will add 1.8% to the existing footprint, less than the 3% overall coverage increase allowed through an insubstantial amendment. Staff finds this criterion to be met. The maximum allowable Multi-Family Residential Dwelling Unit Size allowed in the Lodge (L) zone district is 1,500 square feet. The addition will increase the existing unit size from 1,292 square feet to 1,500 square feet. Staff finds the dimensional standard to be met. In order to amend a PUD, a PUD Amendment must be approved. 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 addition to the 200 building in the Aspen Alps PUD. DECISION: The Community Development Director finds the Insubstantial Planned Unit Development Amendment to be consistent with the review criteria and thereby, APPROVES the amendment as specified below. The approved amendment to the Aspen Alps PUD, allows for an addition of 208 square feet to the 200 building. APPROVED FLOOR AREA CHANGES: c~,.,... ~,..,,, rr..:~ gnu _ rnarta li .l 7.nnr llictrirt Existin Floor Area 1,292 s . ft. Pro osed Floor Area 1,500 s . ft. (1,292+208) Maximum Multi-Family Residential Dwelling Unit Size 1,500 sq. ft. (2000 s . fr. w/ TDR ) Addition 208 s . ft. n,..,~, ~...,., inn u,.na:n,. Existin Deck Area 2,153 s . ft. Pro osed Deck Area 2,256 s . ft. Addition 103 s . fr. Allowable deck Area (15% of allowable FAR) 32,995 x 15%= 4,949 s .ft. (>2,256) z A OVED Y: ^^-I ( ~C' ~~ - C is Be don Date Community Development Director Attachments: Exhibit A -Aspen Alps PUD Administrative Amendment request from applicant Exhibit B -Review Criteria and Checklist Exhibit C -Application, Architectural Drawings ~~-. EXHIBIT B 1. The proposed amendment does not change the use or character of the development. Staff Response: The proposal does not change the use. The small addition matches the existing building in character. Stafffands this criterion to be met. 2. The proposed amendment does not increase by greater than three (3) percent the overall coverage of structures on the land. Staff Response: The proposal will cover an additiona1208 square feet. The existing lot is 32, 995 sq ft. and the existing building has a footprint of I1, 395 square feet. Increasing the existing footprint by 208 square feet will add 1.8% to the existing footprint, less than the 3% overall coverage threshold. Staff finds this criterion to be met. 3. The proposed amendment does not substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Response: The proposal is a 208 square foot addition/expansion to an existing unit. There will not be a substantial increase in demand for public facilities or trip generation. Staff finds this criterion to be met. 4. The proposed amendment does not decrease the approved open space by greater than three (3) percent. Staff Response: The existing site specific approvals for the Aspen Alps do not specifically address an open space requirement. See criterion 2. Staff finds this criterion to be met. 5. The proposed amendment does not reduce the off street paking and loading space by greater than one (1) percent. Staff Response: The proposal does not change the number ofoff-street parking spaces. Staff finds this criterion to be met. 6. The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. Staff Response: The proposal does not reduce required pavement widths or rights-of--way for streets and easements. Staffftnds this criterion to be met. 7. The proposed amendment does not increase the approved gross leasable floor area commercial building by greater than two (2) percent. Staff Response: Not applicable 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. ~, Sta fRes~onse: The proposal does not change the density of the project. Staff finds this criterion to be met. 9. 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. Staff Response: The proposal does not change the use or the approved dimensional requirements. The PUD amendment allows fora 208 square foot addition to be constructed on Unit #208 of the Aspen Alps. Staff finds this criterion to be met. In order to amend a specific provision of the ordinance that approved the PUD originally, a PUD Amendment must be approved. 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 addition to the 200 building in the Aspen Alps PUD. 5 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: Grp The proposed amendment does not change the use or chazacter 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. `fC] The proposed amendment does not reduce required pavement widths or rights-of- way for streets and easements. ~ The proposed amendment does not increase the approved gross leasable floor area of commercial building by greater than two (2) percent. ~iG7 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. ,_, L: 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 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: Samuel and Esther Sarick, 95 Barber Green Road, Suite 305, Don Mills, Ontario Canada M3CE9, represented by Alan Richman, Alan Richman Planning Services, P.O. Box 3613 Aspen Colorado 81612(970)920-1125 Leeal Description and Street Address of Subject Property: A Condominium Unit consisting of Apartment 8, ASPEN ALPS WEST, according to the map thereof filed for record March 17, 1965 in Plat Book 3 at Page 26 and the condominium Declaration for the Aspen Alps West recorded March I5, 1965 in Book 212 at Page 83 and Amendment thereto, and commonly known as Aspen Alps Unit #208 (200 building), 700 Ute Avenue, Aspen The Applicant is requesting amending the PUD to allow fora 208 square foot expansion to Unit #208. The proposed amendment is requested to allow the expansion to the 200 building (approximately 28,181 square feet) which sits on a lot that is 32,955 square feet in size. Land Use Approval Received and Dates: Administrative approval granted October 15, 2008. Effective Date of Development Order: October 26, 2008. (Same as date of publication of notice of approval.) Expiration Date of Development Order: October 27, 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.) 15th day of October 2008, by the City of Aspen Community Development Director. Community Development Director City of Aspen /'h 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 2737-182-72007, Legally described as: A Condominium Unit consisting of Apartment 8, ASPEN ALPS WEST, according to the map thereof filed for record March 17, 1965 in Plat Book 3 at Page 26 and the condominium Declaration for the Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83 and Amendment thereto, and commonly known as Aspen Alps Unit #208 (200 building), 700 Ute Avenue, Aspen. The Applicant is requesting amending the PUD to allow fora 208 square foot expansion to Unit #208. The proposed amendment is requested to allow the expansion to the 200 building (approximately 28,181 square feet) which sits on a lot that is 32,955 square feet in size. 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 October 26, 2008.