HomeMy WebLinkAboutcoa.lu.co.520 W Main St.A072-00 CASE NUMBER A072 -00
PARCEL ID # 2735- 124 -43005
CASE NAME UIIr Lodge Condominiumization
PROJECT ADDRESS 520 W. Main
PLANNER James Lindt
CASE TYPE Condominiumization
OWNER/APPLICANT Carbondale Affordable Housing Corporation
REPRESENTATIVE Katie Updike
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION Plat Signed and Recor
BOA ACTION
DATE CLOSED 8/18/00
BY J. Lindt
Applicant's Responses to Chapter 26.480.050 Review Standards for Subdivision
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
c. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
APPLICANT'S RESPONSE: The Aspen Community Plan supports the provision of
employee housing within the Aspen Metro Area. The Ul1r Lodge is not part of the Lodge
Preservation District, however, consideration has been given to the removal of lodge
units. In recent years the Ullr has been occupied at least 50% by longer term Aspen
employees rather than lodge guests. For this reason the Applicant and the Housing
Office considered that the preservation of the building and lodge as affordable housing
was important and consistent with the Community Plan. No significant changes are
being proposed to the building. No exterior additions are being proposed other than stair
access consistent with the character of the building. The proposed development will have
no impact on the future development of the surrounding area.
B. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located
on land unsuitable for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will
be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatial pattern efficient The proposed subdivision shall not be
designed to create spatial patterns that cause inefficiencies,
duplication or premature extension of public facilities and
unnecessary public costs.
APPLICANT'S RESPONSE: The Ullr is located at 520 West Main street. It is a flat
site and is in the center of the Town's public facilities. This makes the Ullr an ideal site
for affordable housing and in -fill development in general.
C. Improvements. The improvements set forth at Chapter 26.580 shall be
provided for the proposed subdivision. These standards may be varied by special
review (See, Chapter 26.430) if the following conditions have been met:
L A unique situation exists for the development where strict adherence
to the subdivision design standards would result in incompatibility
with the Aspen Area Comprehensive Plan, the existing, neighboring
development areas, and /or the goals of the community.
2. The applicant shall specify each design standard variation requested
and provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
APPLICANT'S RESPONSE: The Ullr is an existing building. No alterations are being
made to its exterior design, its setbacks or its relationship to common utilities and
infrastructure. The Applicant has reviewed all of the criteria under the Engineering
Department Regulations in Section 26.580.020. None of these guidelines relate to the
work proposed.
D. Affordable housing_ A subdivision which is comprised of replacement
dwelling units shall be required to provide affordable housing in compliance with
the requirements of Chapter 26.520, Replacement Housing Program. A subdivision
which is comprised of new dwelling units shall be required to provide affordable
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
APPLICANT'S RESPONSE: The Ullr is being converted to a project which will be
100% affordable housing. The project was initiated under the sponsorship of the Aspen
Pitkin County Housing Authority as a project that the private sector (employers) could
undertake in order to help address the critical shortage of housing.
E. School Land Dedication. Compliance with the School Land Dedication
Standards set forth at Chapter 26.630
APPLICANT'S RESPONSE: There is no land available on the existing site for a land
dedication. The Applicant is seeking the approval of the Aspen Public School District
and the Council for a waiver of the school land dedication or fees, for the following
reasons:
• The Ullr is currently being used as housing - not strictly for short-term
guests.
• The Ullr will help alleviate the severe shortage of permanent housing in
Aspen, a problem which the school district faces in housing its employees.
• The School District can participate with the sponsoring employers and has
been offered such a position.
• The housing is composed of very small units. Given the nature of the
configuration, it is less likely that the housing will be used by families with
school children. Most of the units are most suitable for single adults, or
adults sharing a unit with another adult.
• Cash in -lieu payments will increase the substantial subsidies already being
provided by the employers. There is no profit.
MEMORANDUM
To: James Lindt, Planner
From: Ben Ludlow, Project Engineer��✓
Date: June 26, 2000
Re: ULLR Condo Plat
1. The vicinity map needs to be clearer. The word and arrow indicating the site and the
site location need to be better shown.
2. The Trash Storage area is not shown on the plat. The Trash Storage shown is
incorrect and is not identifying the area that is agreed upon by the City Engineering
Department. It is correctly shown on the proposed PUD Plat but must also include
the following statement:
"Trash Storage Area as agreed upon by the Temporary Revocable
Encroachment License Book_ Page_ "
3. The Legend refers to a Pentagon Shape that identifies parking space numbers. The
parking space numbers are not shown on the plat. All parking spaces must be
shown with correct number identification in reference to the dwelling unit.
4. The Parking Area must be noted as:
"Parking Area as agreed upon by the Temporary Revocable Encroachment
License Book _ Page_"
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
19 / City Engineer
O Zoning Officer
O Housing Director
O Parks Department
O Aspen Fire Marshal
O City Water
O Aspen Consolidated Sanitation District
O Building Department
O Environmental Health
O Electric Department
O Holy Cross Electric
O City Attorney
O Streets Department
O Historic Preservation Officer
O Pitkin County Planning
FROM: James Lindt, Planning Technician
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone - 920.5104 Fax - 920.5439
RE: Ullr Commons Condominiums, 520 W. Main St
Parcel ID #2735- 124 -43 -005
DATE: June 13, 2000
COMMENTS: No DRC required unless Engineering requests it. Please return
comments to me by June 27th.
Thank You,
James Lindt
C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N
$ a community development corporation serving the roaring fork valley
June 8, 2000
Nick Lelack
Planner - Community Development
City of Aspen
130 South Galena
Aspen, CO 81611
Dear Nick:
Enclosed please find the Application for a condominiumization of the Ullr Commons employer sponsored
housing. We have included all of the requested information from the Pre - Application Conference
Summary, however, please let us know if any additional information is needed.
This application is being submitted by:
Carbondale Affordable Housing Corporation
PO Box 2001
Carbondale, CO 81623
The property is owned by an affiliated non -profit development corporation:
Ullr Commons Development Corporation
c/o Mike Hoffman
Attorney
Freilich Myler Leitner & Carlisle
106 S. Mills Suite 202
Aspen, CO 81611
Our representative for this application is:
Katie Updike
Building Solutions LLC
8300 County Road #3
Marble, CO 81623
(970) 963 -9511 phone
(970) 963 -9170 facsimile
kupdike(a,roLnet email
Thank you very much for the opportunity to help create another vehicle for affordable housing in Aspen
through the sponsorship of area employers who have a parallel interest in the welfare of their employees.
Wit rega is,
Jay ea itt
Jay ea itt Ka ie Updi e
President Managing Partner
Carbondale Affordable Housing Corporation Building Solutions LLC
C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N
a community development corporation serving the roaring fork valley
Table of Contents
I. Summary of the Project
II. Responses to Land Use Code Regulations, Sections 26.480.090 and 26.304
III. Attachments
Proof of Ownership — Title Report
Vicinity Map
Pre - Application Summary Memo
Site Plan (under separate cover)
Preliminary Condominium Plat (under separate cover)
J
C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N
a community development corporation serving the roaring fork valley
L SUMMARY OF THE PROJECT
Carbondale Affordable Housing Corporation ( "CAHC "), a community housing development
organization approved by the Colorado Division of Housing, has bought the Ullr Lodge, located
at 520 West Main Street, from the current owner, and transferred ownership to Ullr Commons
Development Corporation. CAHC requests approval from the City of Aspen to convert the
building to a condominium form of ownership. The units will be owned by employers or their
affiliates and rented as affordable housing with the exception of Unit #23 which is being sold in
the free market.
In order to accomplish the above, the Applicant requested rezoning through a Planned Unit
Development (PUD) Overlay. The ordinance authorizing this PUD was approved March 28,
2000. Additionally the Applicant needed a special review for parking, Historic Preservation, and
Growth Management Quota System for Affordable Housing. These approvals were solicited and
obtained. The Applicant understands that the conversion to a condominium form of ownership
can be accomplished administratively and is exempt from Subdivision Review (Section 26.88.030
Exemption 3). This application provides the requested information for such conversion.
Attached to the application is a Preliminary Condominium Plat. Final measurements cannot be
conducted until construction of two of the units is complete. All other data is included. The
preliminary plat will be finalized and recorded with all requisite certificates.
A condominium form of ownership was deemed to be the most practical and most appropriate
form of ownership for the building and the program of employee housing. Employers have
agreed to deed restrictions and a condominium declaration which provides for the financial and
governance controls necessary to properly maintain and manage the building.
The sponsors hope that the Ullr will serve as a model for future support of cooperatively
sponsored affordable housing by the employer community, furthering the goals of the City and
County of housing more of its workforce.
The Applicant thanks the APCHA, the employers, the planning staff, and others who are helping
create a new model for housing in Aspen. Material requested by Staff is included in this
application. Please let us know if additional information is required.
C A R B O N D A L E A F F O R D A B L E H O U S I N G C O R P O R A T I O N
a community development corporation serving the roaring fork valley
III. Standards of Land Use Code
A. Section 26.480.090 Condominiumization
Preliminary Condominium Plat prepared to general specification is included with
this application. Final Plat will be prepared and submitted upon completion of
construction.
B. 26.304 Development Review Procedures.
Preapplication conference conducted.
Summary memo is attached.
Development application and fees are included.
Two copies of the application are submitted.
Ft's`
JUN. 5. 2000 11:13AM PITKIN COUNTY TITLE 1 NO. 1724 P.2/3
FNT
SCHEDULE A- OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT14306C3 April 7, 2000 @ 11:06 AM $4,050,000.00 1312 - 161542
1. NAME OF INSURED:
ULLR COMMONS DEVELOPMENT CORPORATION, A COLORADO NON - PROFIT CORPORATION
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:
ULLR COMMONS DEVELOPMENT CORPORATION, A COLORADO NON - PROFIT CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
LOTS K, L, M, N AND THE WEST ONE -HALF OF LOT 0,
BLOCK 30,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 9251766/ (970) - 925-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET.
sde
jUN. 5. 2000 11:13AM PITKIN COUNTY TITLE NO. 1724 P. 3/3
SCHEDULE B- OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT14306C3 April 7, 2000 @ 11:06 AM 1312- 161542
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, anyifacts which a correct
survey and inspection of the premises would disclose and which are not shown py the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter ffuurnished, imposed by law
and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 2000 not yet due or payable.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 356 &
357 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to
any valid mining claim or possession held under existing laws ".
8. Mineral reservation as set forth in Deed recorded February 18, 1964 in Book 206 at Page 27. (Affects Lot N and the
West one -half of Lot 0)
9. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded December 11, 1986 in
Book 524 at Page 842.
10. Easements, rights of way and all matters as disclosed on Survey of subject property recorded February 25, 2000 in
Plat Book 52 at Page 69.
11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen Planning
and Zoning Commission recorded March 2, 2000 as Reception No. 441032 as Resolution No. 8 (Series of 2000).
12. Deed of Trust from : CARBONDALE AFFORDABLE HOUSING CORPORATION, A COLORADO NON - PROFIT
CORPORATION
To the Public Trustee of the County of Pitkin •
For the use of : ALPINE BANK
Original Amount : $4,000,000.00
Dated : April 7, 2000
Recorded : April 7, 2000
Reception No. 442064
13. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by
Financing Statement from CARBONDALE AFFORDABLE HOUSING CORPORATION, A COLORADO
CORPORATION, debtor to ALPINE BANK, secured party, Recorded April 7, 2000 as Reception No. 442065.
EXCEPTIONS NUMBERED 1, 2, 3 AND 4 ARE HEREBY OMITTED.
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• CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Nick Lelack, 920.5104 DATE: May 23, 2000
PROJECT: Ullr Commons
REPRESENTATIVE: Katie Updike
OWNER: Carbondale Affordable Housing Corporation
TYPE OF APPLICATION: Subdivision exemption for Condominiumization
DESCRIPTION: Condominiumization of existing platted land and house
Land Use Code Section(s)
26.480.090 Condominiumization
26.304 Development Review Procedures
Review by: Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
Public Hearing: No.
Referral Agencies: Engineering
Planning Fees: Planning Flat Fee $265 (Flat Fee)
Referral Agency Fees: Engineering $170
Total Deposit: $435
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name,
address and telephone number of the representative. Include street address and legal description of the property.
4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of
the Land Use Code sections listed above.
5. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
6. Old (existing) plat if one exists.
7. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080
8. Copies of prior approvals (from City Clerk)
9. 2 Copies of the complete application packet (items 2 -8)
Process:
Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 2 -3 weeks later planner
will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor
makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with
Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency
with the review criteria and technical considerations. Plat is then signed by City Engineer. Applicant records the final
plat at the County Clerk and Recorder (fee).
OgY
1111111111111111
443357 05/16/2000 09:40R RESOLUTI DAVIS SILVI
1 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT TO
REMODEL THE ULLR LODGE, 520 W. MAIN STREET. CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID# 2735 - 124 -43 -005
RESOLUTION NO. 7, SERIES OF 2000
WHEREAS, the applicant, Carbondale Affordable Housing Corporation, represented by
Building Solutions, LLC and Bill Poss and Associates, request minor HPC approval for
exterior alterations to the Ullr Lodge, 520 W. Main Street, Lots K, L, M, and the west
half of Lot 0, Block 30, City and Townsite of Aspen. The property is located in the Main
Street Historic District; and
WHEREAS, all development in an "H," Historic Overlay District or development
involving a historic landmark must meet all four Development Review Standards of
Section 26.415.010.B.4 of the Aspen Land Use Code in order for HPC to grant approval,
namely:
1. Standard: The proposed development is compatible in general design, massing
and volume, scale and site plan with designated historic structures located on the
parcel and with development on adjacent parcels when the subject site is in a "H,"
Historic Overlay District or is adjacent to an Historic Landmark. For Historic
Landmarks where proposed development would extend into front yard. side yard and
rear yard setbacks, extend into the minimum distance between buildings on the lot or
exceed the allowed floor area by up to five hundred (500) square feet or the allowed
site coverage by up to five (5) percent, HPC may grant such variances after making a
finding that such variation is more compatible in character with the historic landmark
and the neighborhood, than would be development in accord with dimensional
requirements. In no event shall variations pursuant to this section exceed those
variations allowed under the Cottage Infill Program for detached accessory dwelling
units pursuant to Section 26.40.090(B)(2).
2. Standard: The proposed development reflects and is consistent with the character
of the neighborhood of the parcel proposed for development.
3. Standard: The proposed development enhances or does not detract from the
historic significance of designated historic structures located on the parcel proposed
for development or on adjacent parcels.
4. Standard: The proposed development enhances or does not diminish from the
architectural character or integrity of a designated historic structure or part thereof;
and
Oj
1 111111 11111 111111 11111 111 MIN RESOLUTI 111 111111 1111 1111
3 of 3 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO
ATTEST:
K
Kathy Strickland, Chief Deputy Clerk
Olt•
ORDINANCE NO. 3
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE ULLR LODGE CONSOLIDATED PLANNED
UNIT DEVELOPMENT, SUBDIVISION, AND GROWTH MANAGEMENT QUOTA
SYSTEM EXEMPTION FOR AFFORDABLE HOUSING, 520 WEST MAIN
STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Carbondale Affordable Housing Corporation, .under contract to purchase the
Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a
Consolidated Planned Unit Development (PUD), Subdivision, and Growth Management
Quota System Exemption for Affordable Housing to convert the lodge to a 27 -unit multi-
family building, 26 of which will be deed restricted affordable housing units; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use
Code, the City Council may approve a Planned Unit Development, Subdivision, and
Growth Management Quota System Exemption for Affordable Housing during a duly
noticed public hearing after considering a recommendation from the Planning and Zoning
Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 9, 2000, the
Historic Preservation Commission approved, by a seven to zero (7 -0) vote, the Ullr
Lodge Minor Review; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6 -0) vote, that the
Aspen City Council approve the Ullr Lodge Consolidated Planned Unit Development
(PUD), Subdivision, Special Review for Parking, with conditions contained herein; and,
WHEREAS, during a duly noticed public hearing on March 15, 2000, the
Aspen/Pitkin County Housing Board recommended, by a five to zero (5 -0) vote, that the
Aspen City Council approve the Ullr Lodge Growth Management Quota System
Exemption for Affordable Housing, with conditions contained herein; 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
a. A copy of the final Ordinance and recorded P &Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed
for the purpose of constructing improvements in adjacent public rights -of-
way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At Least one bathroom shall be provided for shared use by no more than four
persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is fmalized, those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and
not within public rights -of -way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the Aspen/Pitkin County Housing Authority
shall inspect the units to determine if the units comply with the representations
made in the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
•
22. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
23. No more than 27 on- street parking permits will be allowed for residents of the
Project. The maximum monthly rent which may be charged to any tenant who
does not own an automobile shall be 5% less than otherwise allowed by this
approval. The homeowners association shall least the ten head -on spaces from
the City for a total of $100 per month. Owner shall use its best efforts to
encourage residents to forego automobile ownership through methods such as
providing additional bike racks, communal ownership of vehicles, etc.
24. The applicant or owner shall utilize in the deed restriction for the Project the
standard foreclosure clause found in the Aspen/Pitkin County Housing Authority
(APCHA) sale unit deed restriction allowing a right of purchase in APCHA in
the event of foreclosure and subsequent sale by the lender without further
encumbrance by the deed restriction in the event the unit is not acquired by
APCHA.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, Historic
Preservation Commission, Housing Board, or City Council, are hereby incorporated in such
plan development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
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 28th day of February, 2000.
RESOLUTION NO. 8
(SERIES OF 2000)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL OF THE ULLR LODGE
CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVSION, AND
SPECIAL REVIEW FOR PARKING, 520 WEST MAIN STREET, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Carbondale Affordable Housing Corporation, under contract to purchase the
Ullr Lodge, represented by Katherine Updike, located at 520 West Main Street, for a
Consolidated Planned Unit Development (PUD), Subdivision, Special Review for
Parking, and Growth Management Quota System Exemption for Affordable Housing to
convert the lodge to a 27 -unit multi - family building; and,
WHEREAS, the Ullr Lodge is located in the Office Zone District and Historic
District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties may be established through the PUD review process; and,
WHEREAS, pursuant to Sections 26.445, 26.480, and 26.470 of the Land Use
Code, the City Council may approve a Planned Unit Development, Subdivision, and
Growth Management Quota System Exemption for Affordable Housing during a duly
noticed public hearing after considering a recommendation from the Planning and Zoning
Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Housing Authority, and the Community Development Department reviewed the Project
and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on February 15, 2000, the
Planning and Zoning Commission recommended, by a six to zero (6 -0) vote, approval of
the Ullr Lodge Consolidated Planned Unit Development, Subdivision, and Special
Review for Parking, with conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
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e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed
for the purpose of constructing improvements in adjacent public rights -of-
way.
5. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
6. At least one bathroom shall be provided for shared use by no more than four
persons.
7. A kitchen facility or access to a common kitchen shall be provided.
8. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
9. No excavation or storage of dirt or material shall occur within tree driplines.
10. All construction vehicles, materials, and debris shall be maintained on -site and
not within public rights -of -way unless specifically approved by the Director of
the Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area.
The applicant shall inform the contractor of this condition.
11. The applicant shall abide by all noise ordinances. Construction activity is limited
to the hours between 7 a.m. and 7 p.m.
12. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for
the employee units, a member of the Aspen/Pitkin County Housing Authority
shall inspect the units to determine if the units comply with the representations
made in the application.
13. Before issuance of a building permit, the applicant shall record the Planning and
Zoning Resolution with the Pitkin County Clerk and Recorder located in the
Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the resolution.
14. All improvements must meet the Uniform Code for Building Conservation
(UCBC) standards.
15. The final deed restriction be brought to the Housing Board for final input and
approval.
16. If encroachment is to continue on North Fifth Street, then an encroachment
license must be applied for and approved. The only way that the City of Aspen
Engineering Department will allow for an encroachment is if there is an
improvement of the existing parking /sidewalk situation. This improvement has
been agreed upon by the developer and Engineering Department as follows:
I t)II !) IIII I"I 0 KIN COUNTY CO
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
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 Planning and Zoning Commission of the City of Aspen on the 15 day of February,
2000.
APPROVED by the Commission at its regular meeting on February 15, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Ci Attorney Robert Blaich, Chair
ATTEST:
ckie Lothian, Deputy City Clerk
C:\home\nickl\Active Cases \Ullr Lodge \ULLR Lodge PUD, Sub, parking2.doc
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MINOR PLANNED UNIT DEVELOPMENT APPLICATION
For
ULLR LODGE
EMPLOYER SPONSORED AFFORDABLE HOUSING
Prepared by:
Katherine L. Updike
Managing Partner
Building Solutions, LLC
On behalf of
CARBONDALE AFFORDABLE HOUSING CORPORATION
A COMMUNITY DEVELOPMENT CORPORATION SERVING THE ROARING FORK VALLEY
January 2000
CARBONDALE AFFORDABLE HOUSING oOrRa4OtRAc vIO y
a community development core r
Ianuary 6, 2000
Christopher Bandon •
Nick Wads
Aspen&Pitkin Community Development
130 South Galena Street
Aspen, CO 81611 -1975
Deer Chris and Nick: .
Enclosed please find the Application for the Ullr Lodge conversion to employer sponsored employee
housing We have included all of the requested information from the Pre- Application Conference,
however, please let us know if there is any additional information that is needed.
This application is being submitted by
Carbondale Affordable Housing Corporation
PO Box 2001
Carbondale, CO 81623
Our representative for this application is:
Kula Updiilce
Building Solutions LLC
8300 County Road #3
Marble, CO 81623
(970) 963 -9311 phone
(970) 963 -9170 facsimile
email
Thank you very much for the opportunity to help create another vehicle for affordable housing in
Aspen through the sponsorship of area employers who have a parallel interest In the welfare of their
employees.
With regards,
cadet tr.
Bay'' t ip Chairman g Mier
Carbondale Affordable Housing Corporation Building Solutions LLC
p-p. Box 2001, Ciabandals, CO 81623
Table of Contents
I. Introduction
II. Land Use Application
III. Pre - Application Conference Summary
IV. Responses to Land Use Code Regulations, Section 26.310.040
V. Review Standards for Special Review, Section 26.430.040 (Parking)
VI. Criteria and Responses Minor PUD, Section 26.445.050
VII. Growth Management Quota System, Exemption for Affordable Housing, Section 26.470.110
26.470.070(J)
VIII. Attachments
1. Signed Fee Agreement
2. Dimensional Requirements Form
3. Responses to Minimum Submission Requirements
Title Report
Vicinity Map
Site Plan
Site Improvement Survey (under separate cover)
4. Floor Plans for Areas Being Modified
5. Unit Summary of Upgrades
Existing Floor Plan (reference for Attachment 4)
•
6. Adjacent Property Owner List
Ullr Lodge Minor PUD Application 1 January 6, 2000
I. INTRODUCTION
Carbondale Affordable Housing Corporation ( "CAHC "), a community housing development
organization approved by the Colorado Division of Housing, has contracted to buy the Ullr Lodge,
located at 520 West Main Street, from the current owner. CAHC requests approval from the City of
Aspen to convert the lodge to employer owned and operated affordable housing under a Minor
Planned Unit Development. This program has been initiated by the Aspen Pitkin County Housing
Authority as a possible private sector model for addressing affordable housing needs.
The exterior of the Lodge and the Floor Area Ratio will be modified only slightly. The interior space
will be upgraded for life safety code variances and certain units will be modified in order to more
appropriately house permanent residents (e.g., consolidation of laundry facilities, conversion of office
area to common space, upgrades to housekeeping units). The interior modifications will include a net
increase of three units by conversion of a large `owners' apartment into four units.
In order to accomplish the above, the Applicant requests rezoning to a Planned Unit Development
(PUD) Overlay. Additionally the Applicant needs a special review approval for parking, Historic
Preservation, and an exemption from the Growth Management Quota System for Affordable Housing.
The Applicant understands that the conversion to a condominium form of ownership can be
accomplished administratively and is exempt from Subdivision Review (Section 26.88.030 Exemption
3).
The housing to be created has been sponsored in part by the Aspen Pitkin County Housing Authority
(APCHA) through its advance of early predevelopment capital and through a loan for the earnest
money. Sponsoring employers have now reserved units and the loan for the earnest money has been
repaid. The sponsors hope that the Ullr will serve as a model for future support of cooperatively
sponsored affordable housing by the employer community, furthering the goals of the City and County
of housing more of its workforce.
This project will be 100% affordable housing and will conform with various affordable housing deed
restrictions as developed by the employers and the APCHA, even though no mitigation or subsidies
are being used in the project. The resale of units will be governed by a 3% appreciation cap and will
remain affordable for years to come. The management of the project will be the responsibility of the
employer /owners. Rent subsidies and operating subsidies will be the responsibility of the employers,
rather than the public sector. For this reason, the Applicant requests that this private initiative be
awarded waiver of land use fees and other concessions as might be appropriate in the development of a
project which will contribute to alleviating the severe shortage of affordable housing.
The Applicant thanks the APCHA, the employers, the planning staff, and others who are helping
create a new model for housing in Aspen. Material requested by Staff is included in this application.
Please let us know if additional information is required.
Ullr Lodge Minor PUD Application 2 January 6, 2000
II. LAND USE APPLICATION
PROJECT:
Name: Ullr Lodge PUD
• Location: 520 West Main Street: Lots K, L, M. and the west one -half of Lot O, Block 30, City
and Townsite of Aspen
APPLICANT:
Name: Carbondale Affordable Housing Corporation
Address: PO Box 2001, Carbondale, CO 81623
Phone #: 963 -0380
REPRESENTATIVE:
Name: Building Solutions, LLC c/o Katie Updike
Address: 8300 County Road #3, Marble, CO 81623
Phone #: 963 -9511
TYPE OF APPLICATION:
GMQS EXEMPTION
FINAL PUD
SUBDIVISION OR SUBDIVISION EXEMPTION (includes condominiumization)
FINAL HISTORIC DISTRICT DEVT.
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
The Ullr Lodge is currently a 27 unit 14,730 square foot enclosed building being used partially as
permanent housing and partially as a lodge. There are no known previous approvals.
PROPOSAL: (description of proposed building, uses, modification, etc.)
To convert the building to 30 employer sponsored affordable housing units within the approximately
the same FAR as the existing building.
FEES DUE: $2825
Have you attached the following?
El Pre - Application Conference Summary (Section III)
0 Attachment #1,.Signed Fee Agreement
H Response to Attachment #2, Dimensional Requirements Form (Attachment 2)
H Response to Attachment #3, Minimum Submission Contents (Attachment 3)
0 Response to Attachment #4, Specific Submission Contents (Section IV)
Q Response to Attachment #5, Review Standards for Your Application (Sections V, VI, VII)
Ullr Lodge Minor PUD Application 3 January 6, 2000
III. Pre - Application Conference Summary
UIIr Lodge Minor PUD Application 4 January 6, 2000
CITY OF ASPEN
PRE- APPLICATION CONFERENCE SUMMARY'
PLANNER: . Nick Lelack, 920 -5095 DATE: 12/8/99
PROJECT: Ullr Lodge Affordable Housing PUD
REPRESENTATIVES: Katherine Updike, Building Solutions, on behalf of the Carbondale
Affordable Housing Corporation
Richard de Campo, Bill Poss and Associates, Architecture & Planning
•
OWNER: Ullr Lodge
TYPE OF APPLICATION: Ullr Lodge Rezoning to Planned Unit Development (PUD) Overlay, PUD
Review, Special Review for Parking, Subdivision for RMF (Residential
Multi-Family), Historic Preservation Review, Growth Management Quota
System for Affordable Housing
DESCRIPTION: The Lodge currently has twenty -seven (27) units on a 13,439 square foot lot.
The applicant is requesting to rezone the property to PUD Overlay to
establish a PUD to convert existing lodge unit to employer sponsored
affordable housing units. The proposal would require Historic Preservation
review either by Historic Preservation Officer or by the Historic
Preservation Commission.
Land Use Code Section(s) to Address in Application:
Section 26.304.030, Application and Fees;
Section 26.310.020, Amendment to the Land Use Code Regulations and Official Zone District Map,
Standards of Review;
Section 26.410.040, Residential Design Standards;
Chapter 26.415, Development in an "H" Historic Overlay District;
Section 26.430, Review Standards for Special Review;
Chapter 26.445, Planned Unit Development (PUD);
Section 26.470.110, Growth Management Quota System (GMQS) Exemption, Affordable Housing;
Section 26.480.050, Subdivision Review Standards;
Section 26.610.04, Park Development Impact Fees;
Section 26.630.040(C)(6), School Land Dedication Standards; and
Section 26.710.180, Office (0) Zone District;
Review by: Planning and Zoning Commission, City Council, and Historic Preservation
Officer or Commission
Public Hearing: Yes at Planning and Zoning Commission and at City Council, and possibly at
Historic Preservation Commission.
Referral Agencies (fees): Engineering ($160), Historic Preservation Officer, Zoning Officer, Housing
($160), Parks, Fire Marshall, Water, ACSD, Streets, Electric and Environmental
Health ($160).
Planning Deposit: $2,220 (12 hours; additional hours are billed at a rate of $195 per hour)
Historic Preservation Flat Fee: $125 for Minor Development; $312 for Significant Development
Total Deposit: $2,825 if Historic Preservation Minor Development; $3,012 if Historic Preservation
Significant Development
SUMMARY:
The purpose of this project is to convert lodge units to affordable housing units, and to expand the
number of units on the property from 27 to 30. Specifically, the new affordable housing units will be
employer sponsored units, meaning that local employers will purchase the units and rent them to their
employees.
The proposal requires the creation of a Planned Unit Development to provide the applicant with
flexibility to establish dimensional requirements, increase Floor Area, and more. It also requires review
by the Historic Preservation Commission whether it is a minor development or significant development
because the property is located in the City's Historic Overlay District. In addition, special review will
be necessary to consider the parking issues related to this proposed development. The Special Review
will be combined with the PUD review. The project is exempt from growth management scoring and
competition because it is 100% affordable housing.
* The foregoing summary is advisory only and is not binding on the City. The opinions contained herein
are based on current zoning and regulations, which are subject to change in the future, and upon factual
representations that may or may not be accurate. The summary does not, in any way, create a legal or
vested right.
i
IV. Responses to Land Use Code Regulations , Section 26.310.040
A. The Application is not in conflict with the Title.
B. The proposed PUD is consistent with the Aspen Area Community Plan.
The PUD creates deed restricted housing for employees in Aspen.
The PUD preserves the character of the exterior of the building.
At least half of the lodge was being used for housing (as opposed to visiting lodge
use), therefore, the reduction in lodge units is minimal.
The PUD preserves this housing.
The PUD keeps housing in the central area of Aspen and is on public transit routes.
C. The proposed PUD is compatible with surrounding zone districts which are both
office and residential. The character of the property use changes very little from its
present and long term use.
D. The PUD should have no adverse affect on traffic generation and road safety. All of
the employers are in close proximity to the site and employees should generally be
able to walk or take public transport to work. It is possible that the PUD will actually
decrease car traffic given the fact that fewer units will be used for tourist visits.
Additionally several employers who have identified specific candidates for the
housing estimated that 2 /3rds of the units will be rented to individuals who currently
commute from down- valley locations.
E. The increase in three units could increase minimally the use of transit, sewage, water,
parks, and other facilities, however, the unit being divided has been rented as shared
apartment space in recent years. This means that multiple unrelated individuals have
shared the 1900 square feet proposed for increase to 4 units (net increase of three).
While difficult to calculate, the increase in usage of public facilities may be negligible.
F. There are no known adverse impacts on the natural environment.
G. The PUD is fully consistent with the community character of the City of Aspen and
will help in creating a largely private alternative solution, through the sponsorship of
local employers, to the public subsidy of affordable housing.
H. The lodge has increasingly been used for housing employees in recent years. This
PUD formalizes a transition that has been taking place in order to fill the severe
shortage of housing in Aspen.
I. The PUD is dedicated toward fulfilling the public interest. The public has a strong
interest in having local employees within the City. This project actively promotes that
goal.
Ullr Lodge Minor PUD Application 5 January 6, 2000
Residential Design Standards, Section 26.410.040
There are no changes proposed to the over -all exterior dimensions of the building. The limited
changes to the exterior are being reviewed under a one step minor review process for the
Historic Overlay District with Historic Preservation Council. A brief overview of the
resdiential design standards follow:
A. Building orientation faces Main Street and is parallel to the street.
The building is within 5' of the front set back except for the courtyard. The side street set
back is greater than 5' because of the parking allowed on the side street.
B. The building form and massing is consistent with the area at two stories and has excellent
solar access with most units facing the southern facing courtyard.
C. Parking is on the side street and alley in the existing and proposed plans. No substantive
changes are proposed. Public parking is allowed on Main Street. There is no on -site
parking along Main Street.
D. Building Elements
All entrances to units are off of Main Street or 5`" Street. All units have their own
entrance door presence, whether off the street or off the courtyard. There is no `one -story'
element in the existing structure other than a 200 sf pool house. This will be removed as
part of the removal and landscaping of the pool area.
E. The context of the building is consistent with Aspen. A stucco exterior will remain. The
basic Bavarian character with wood accents will remain.
Ullr Lodge Minor PUD Application 6 January 6, 2000
V. REVIEW STANDARDS FOR SPECIAL REVIEW, SECTION 26.430.040 (PARKING)
Current parking on -site is 16 -18 spaces based upon the number of cars that can park on -site. (The
Applicant's calculations demonstrate space for 16 cars using Aspen parking space dimensions.) The
current spaces are parallel along the alley and right angle parking along 5 street. The parking on 5
Street overlaps the public right of way. There is no appropriate place on -site to increase parking.
Many alternative parking alternatives have been evaluated. In the final analysis it has been determined
together with the Planning Staff that the optimal plan will be the following:
1. Lease current spaces which encroach into the public right of way from the City. This will allow
the management of the building to enforce parking on -site and make sure that parking is in
compliance with necessary alley emergency access. The Applicant will comply with the Street
Department policies for the parking.
2. Stripe alley parking for `compact' cars only, in order to maximize the on -site parking spaces
available.
3. Encourage employees to reduce car ownership given the proximity of the project to employer
— sites. The following ideas are being considered by employers. Each employer has agreed to
implement at least one of the following concepts among their employees in the building.
a. Rent incentive for employees without cars.
b. Charge employees with cars for parking.
c. Create attractive car rental rates for employees who have no personal car.
d. Subsidize transportation passes.
e. Give rental preference to employees without automobile.
4. Additional parking relief may also come from owner employers. Current sponsoring employers
have at least additional parking spaces available based upon common use that can be made
available to employee tenants either for 24 hour use or for night time use. The Planning Staff has
recommended that these spaces not be formally included in the number of spaces available for use
by residents of the project due to the difficulty in enforcement and the probability that employers
will change over the life of the project. These spaces do, however, reflect the ability of the
ownership group to address parking issues as they arise.
It is estimated that there will be no increase in the actual number of individuals occupying the
building, despite the change in actual designated use. For that reason, the Applicant does not expect
that there will be an increased burden of parking on adjacent streets. More particularly, the
implementation of this PUD will decrease driving on Hwy 82, thereby helping reduce pollution and
the transit requirements for longer distance employee commutes. Another significant advantage of the
PUD is that the permanent employee base (estimated at over 80 %) in the building will create a
pedestrian presence year-round in Aspen.
Request is being made that on -site parking as currently configured be allowed as a variance to current
parking standards.
Ullr Lodge Minor PUD Application 7 January 6, 2000
VI. CRITERIA AND RESPONSES MINOR PUD, SECTION 26.445.050
This section of the application will outline the Minor PUD review standards and the Applicant's
response to those review standards.
- Code: "A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area
Community Plan.
2. The proposed development shall be consistent with the character of the
existing land uses in the surrounding area.
3. The proposed development shall not adversely affect the future development
of the surrounding area.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS or GMQS allotments are available to accommodate the
proposed development and will be considered prior to, or in combination
with, final PUD development plan review."
APPLICANT'S RESPONSE: The Aspen Community Plan supports the provision of employee
housing within the Aspen Metro Area. Recent PUD Code amendments approved by Council permit
the use of a minor PUD process for the development of smaller projects supporting the Plan. An
increase in units is permitted in Minor PUDs in the amendment. The Ullr Lodge is not part of the
Lodge Preservation District, however, consideration has been given to the removal of lodge units. In
recent years the Ullr has been occupied at least 50% by longer term Aspen employees rather than
lodge guests. For this reason the Applicant and the Housing Office considered that the preservation of
the building and lodge as affordable housing was important and consistent with the Community Plan.
No significant changes are being proposed to the building. No exterior additions are being proposed
other than stair access consistent with the character of the building. The proposed development will
have no impact on the future development of the surrounding area. This project should be exempted
from GMQS because it is a 100% Affordable Housing project.
Code: `B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements
for all properties within the PUD as described in General Provisions, Section
26.445.040, above. The dimensional requirements of the underlying zone district
shall be used as a guide in determining the appropriate dimensions for the PUD.
During review of the proposed dimensional requirements, compatibility with
surrounding land uses and existing development patterns shall be emphasized.
The proposed dimensional requirements shall comply with the following:
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future
land uses in the surrounding areas.
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.
Ullr Lodge Minor PUD Application 8 January 6, 2000
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.
APPLICANT'S RESPONSE: The Ullr Lodge property is described as Lots K, L, M, and the
west one -half of Lot 0, Block 30, City and Townsite of Aspen. The property contains
approximately 13,500 sf per the assessor and 14,854 sf of building square footage (this does
not necessarily equal FAR).
In regard to Dimensional Requirements, the Applicant requests that the PUD approval be
granted for the existing building and site plan with minor modifications (none of which alter
the dimensional specifications of the existing structure. Refer to Dimensional Requirements in
Attachment 2.
Code: "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."
APPLICANT'S RESPONSE: There is no change to the scale or massing which will alter the site
coverage. The swimming pool and a 200 sf pool room will be removed given lack of use
and liability concerns. The pool will be replaced with a mixture of hardscape and
landscape appropriate to the patio area. The residents should have improved functionality
of the open space as a result of the improved site plan.
Code: "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.
APPLICANT'S RESPONSE: The Applicant requests a waiver from the parking standard given the
fact that historically the building has had 116 -18 parking spaces and has operated on this basis for a
long time. Although the Applicant is increasing the number of units within the building by three, the
unit that is being divided has often been used by unrelated occupants in a shared apartment setting.
The division of the apartment provides for more privacy and for longer term occupancy. Additionally
as mentioned in Section V., the proximity of employees to their places of employment (which are
largely within walking distance) will significantly decrease transit and traffic requirements and reduce
the reliance on the personal automobile. In addition to the above Code requirements for parking, the
Planning Staff has directed the Applicant to Section 26.515, which sets forth the following additional
standards.
"26315.10 General Provisions
A. General Requirements. All development, except affordable housing, shall be provided with
off - street parking as provided in this Chapter.
Ullr Lodge Minor PUD Application 9 January 6, 2000
B. Requirements for affordable housing. The off - street parking requirements for all affordable
housing shall be established by a special review procedure pursuant to Chapter 26.430, and
employing the standards set forth at Section 26.515.040, below..."
"26.515.040
Residential uses in AH/PUD are established by special review in accordance with Chapter
26.430. The maximum number of parking spaces required shall not exceed two (2)
spaces /dwelling unit for free market units. Parking spaces shall not exceed one (1)
space/bedroom or two (2) spaces/dwelling unit, whichever is less for the affordable housing
units."
The above Land Use Code provision indicates a base parking requirement of 41 spaces for the
proposed employee housing if lodge units and studios are treated as one bedroom units. The other
provisions within the PUD and Affordable Housing sections indicate that this standard may be varied
based on use factors outlined in the PUD criteria #3 above.
Code: "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.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
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.
4. Buildings and access ways are appropriately arranged to allow emergency
and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a practical
and reasonable manner and shall 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."
APPLICANT'S RESPONSE: The basic site plan will remain the same. One modification which the
division of the large owner's unit permits is the addition of a fully handicap accessible unit. The
current building was built before various handicap guidelines were implemented and its current
sidewalks have steps and other features which are incompatible with wheelchair access. One of the
additional three rooms will have a `no -step' access and have internal washer /dryer hook -ups.
Drainage should not be affected to any great degree by the proposed changes.
Care is being taken to design both the internal and external space in order to promote a residential
community character. For example, the Applicant is replacing four small laundry areas with one
Ullr Lodge Minor PUD Application 10 January 6, 2000
laundry area which is accessible off a common `game room.' The functionality and use of the exterior
patio /commons area should also improve with the removal of the pool.
Code: "D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the propose 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."
APPLICANT'S RESPONSE: The existing vegetation is mature and in good health. It will be
protected during renovation. Healthy pruning and an upgrade to certain surfaces will enhance the
existing landscape plan, but not alter it.
Code: "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 show, ice and water in a safe and
appropriate manner that does not require significant maintenance.
APPLICANT'S RESPONSE: The architectural character of the building will remain the same.
Exterior alterations such as the stairway and new windows will be similar in character to existing
features.
Ullr Lodge Minor PUD Application 11 January 6, 2000
Code: "F. Lighting.
The purpose of this criterion to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following criterion shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or land. Lighting of site
features, structures, and access ways is proposed in an appropriate manner.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD documents.
Up- lighting of the site features, buildings, landscape elements, and lighting to
inordinate attention to the property is discouraged for residential
development.
APPLICANT'S RESPONSE: All new lighting for the proposed addition will comply with the above
standards by being designed to minimize glare onto adjacent properties. Lighting will be limited to
that required by the Uniform Building Code for safety.
Code: "G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the
following criteria shall be met:
The 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 uses of the PUD.
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.
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.
APPLICANT'S RESPONSE: No additional park or open space is planned as part of this Minor
PUD, however, as stated above the common area open space is being enhanced so that its use and
function are better suited for permanent residents.
Code: "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.
Ullr Lodge Minor PUD Application 12 January 6, 2000
2. Adverse impacts on public infrastructure by the development will be
mitigated by 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.
' APPLICANT'S RESPONSE: The Applicant believes that adequate public infrastructure exists to
serve the building and that the addition of three units will not substantially alter the actual
use and occupancy of the building.
Code: "I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this criterion 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 designated to public or private use.
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.
APPLICANT'S RESPONSE: There is no change being proposed by the Applicant to the form or
nature of access to public streets, other than the addition of a handicap accessible walkway to one unit.
Ullr Lodge Minor PUD Application 13 January 6, 2000
VII. GROWTH MANAGEMENT QUOTA SYSTEM, EXEMPTION FOR
AFFORDABLE HOUSING, SECTION 26.470.110
The Applicant requests approval to renovate and modify the Ullr Lodge at 520 West Main Street. The
building will be condominiumized and owned by Aspen employers subsequent to the renovation.
Three units will be added through the reconfiguration of current space. All units will be deed
restricted for resale and have rent caps in place per agreement with the APCHA.
Section 26.470.070(J) of the City Land Use Code States:
"J. Affordable Housing. All affordable housing deed restricted in accordance with the
housing guidelines of the City Council and its housing designee shall be exempt. The review of
any request for exemption of housing pursuant to this Section shall include a determination of
the City's need for such housing, considering the proposed development's compliance with an
adopted housing plan, the number of dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of
the dwelling unit, the rental/sale mix of the proposed development, and the proposed price
categories to which the dwelling units are to be deed restricted. This exemption is deducted from
the respective annual development allotment established pursuant to section 26.470.070 and
from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030.
Review is by City Council."
The Applicant believes that the proposed employee housing complies with above Code standards. The
City needs additional employee housing. These needs are documented in the Aspen Area Community
Plan and the various Aspen/Pitkin County Housing Authority's assessments completed in recent years.
The interest of area employers in the purchase of the units (without subsidy) and the willingness to
self - impose rent and appreciation caps is further evidence of the need for this housing. The Applicant
is proposing to modify a 1900 square foot `owners unit' into four units, including an ADA qualified
unit. Additionally common space and utility areas will be modified in order to better utilize the
interior space for permanent housing.
Consideration has been given to the impact of the loss of reasonably priced lodge units. In fact, the
lodge has been utilizing at least half of its units for permanent employee housing in recent years,
further evidence of the severe shortage of adequate housing, both seasonal and long term.
Given the early participation of the APCHA, the Applicant has developed deed restriction guidelines
for price and rental restrictions that are acceptable to the sponsoring employer owners and to the
Applicant.
Ullr Lodge Minor PUD Application 14 January 6, 2000
ATTACHMENT
SIGNED FEE AGREEMENT
UIIr Lodge Minor PUD Application 16 January 6, 2000
•
ASPIiN/PRKIN •
COMMUNITY•DEVELO.PMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Far r .
CITY OF ASPEN (hereinaRar CITY) and e4.4er'DaTGE •ffeay,Fge6 11.0fi✓K id a#0
(hereinafter APPLICANT AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for
N sA. L.P46 pd9
(hereinafter, THE PROJECT.
2. APPLICANT undumnds and agues that City of Asper' Crdhrance No. 49 (Stria Of 199$) •
establishes a fee structure for Land Use applications and the payment of all processing fees Is a oenditton 'precedent
to a determination of application completeness
3. APPLICANT and CPTY agree that because of the size, nature or scope ofthe proposed protect, It •
is not possible at this time to ascertain the full extant of the sofas involved in psocessinj the applcatior'
APPLICANT and CITY ftrthcr agree that tt Is in the Interest of the parties that APPLICANT male payment of a
initial deposit and to thereafter permit additional coati to be billed to APPLICANT 'on a monthly bask
APPLICANT agraes additional costs may accrue fallowing their hearbtgs and/or approvals. APPLICANT ague he
. will be benefited by retaining greater cash liquidity and will make adaitloaal payments upon notmcadon by the
CITY when they an necessary as costs an incurred. CITY agrees it wt71 be benefited thiaugh the greater wtainty
of recovering its Pill cow to process APPLICANT'S application. .
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council m make legally required Endings for project consideration, unless current btidngs
are paid in full prior to decision.
•
5. Therefore. APPLICANT agrees that In consideration of the CITY's waiver. of its right to collect
full fees prior to a determleatlon of application completeness, APPLICANT shell pry an initial deposit in the'
' amount of S 3$L< lee which is far /2. hours of Community Development staff time, std if n•l
recorded costs exceed the initial deposit APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
pay ments shall be made within 30 days of the billing date. APPLICANT titter agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no caw will building permits be Issued until all
• costs associated with case processing have been paid.
•
CTTY APPLICANT
•
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By. By. - free" L /
Julie Ann Woods Ire . H e eat ,e
Community Development Director Dote: e..0
. Mailing Address: •
t7.AR8s •+D&* D4&t F4dled4 ao4/1
Pa fbrt loot . CrtRCIw n#t.F «o 1 21
gnuspportvotmsatagrpayu.dee
3/11/99
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
- Project: Courtyard Commons
Applicant: Carbondale Affordable Housing Corporation
Location: 520 West Main Street, Aspen, CO
Lot Size: 13,500 square feet (per Assessor)
(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: 0 Proposed: 0
Number of residential units: Existing: 27 Proposed: 30
Number of bedrooms: Existing: 37 Proposed: 41
Proposed % of demolition (Historic properties only): NA
DIMENSIONS:
Floor Area Existing: 11,920* Allowable: 14,850 @ Proposed: 11,900*
1.1:1 FAR
Principal
building height Existing: 25' +/- Allowable: TBD Proposed: 25' +/-
Access building
height Existing: N/A Allowable: N/A Proposed: N/A
On -Site Parking Existing: 16 -18 Allowable: 41 Max Proposed: 16
% Site Coverage Existing: 38% Allowable: TBD Proposed: 37%
% Open Space Existing: 62% Allowable: TBD Proposed: 63%
Front Setback Existing: 10' Allowable: TBD Proposed: 10'
Rear Setback Existing: 9' Allowable: TBD Proposed: 9'
Combined F/R Existing: 19' Allowable: TBD Proposed: 19'
Side Setback Existing: 5' Allowable: TBD Proposed: 5'
(East):
Side Setback Existing: 23' Allowable: TBD Proposed: 23'
(West):
Combined Sides: Existing: 28' Allowable: TBD Proposed: 28'
TBD = to be determined during PUD Review
Existing non - conformities or encroachments: Existing and proposed parking does not conform and is
currently partly in the right of way.
Variations requested: To accept parking plan as presented in Section 6.
*Floor Area is an approximatiot•based on rough assumptions of exposed lower level light well areas, and on surveyed unit areas,
which do not include wall thicknesses and duplicate internal stair areas. Hence, an accurate number could be +1- 200 -300 sf;
however, the difference between `existing' and `proposed' should be minimal.
Ulir Lodge Minor PUD Application 17 January 6, 2000
ATTACHMENT
RESPONSES TO MINIMUM SUBMISSION REQUIREMENTS
1. Contained within a letter signed by the applicant, the applicant's Cover letter.
name, address and telephone number, and the name, address, and
telephone number of any representative authorized to act on
behalf of the applicant.
2. The street address, legal description, and parcel identification Application form — Section II
number of the property proposed for development.
3. A disclosure of ownership of the parcel proposed for Title report in this section.
development, 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, judgements, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's
right to apply for the Development Application.
4. An 8" 1 /2 by 11" vicinity map locating the subject parcel within Vicinity map in this Section.
the City of Aspen.
5. A site plan depicting the proposed layout and the project's Site Plan in this Section.
physical relationship to the land and its surroundings.
6. A site improvement survey certified by a registered land Site Improvement Survey — submitted
surveyor, licensed in the State of Colorado, showing the current under separate cover.
status of the parcel including the current topography and
vegetation. (This requirement, or any part thereof, may be
•
waived by the Community Development Director if the project is
determined not to warrant a survey document.)
7. A written description of the proposal and a written explanation of Section I - Introduction
how the proposed development complies with the review
standards relevant to the development application.
Ullr Lodge Minor PUD Application 18 January 6, 2000
a ..
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�nn
Commitment for Title Insurance
Fidelity National Title Insurance Company
A Stock Company
COMMITMENT FOR TITLE INSURANCE
FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor
of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject
to the provisions of Schedules A and 8 and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement. -
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid
when countersigned by an authorized officer or agent of the Company, all in accordance with its By- Laws. This
Commitment is effective as of the date shown in Schedule A as "Effective Date."
P4kin County Title, Inc.
t 601 E. Napkin. Avenue
' ;rte •. '. 3r0 Ploor yNfa �a� �: /
C
s_ - Asps. Colorado 81611 FidelittionalT itlelnsuranceom ,perry
`o -" 97O -925 -1766 Pkone el VIII
970 -925 -6527 Fax / / //`
;P+ y� n.e 4 BY / /7/�� ,Lf
p. . + e o '' �
SEALS
Pre
r ddwe
Ta
x r•`' , a ATTEST
1
Countersigned ° J 446
A
Author* 4 4 _
re $BQa
A Valid Only if Schedule A and B are Attached
LTA
ALTA COMMITOMMIT MENT ENT • 1966
The coudhlm s RI ibis aromnlhnent reqube that the premium and charges be paid prior to the issuance d the tide poi y(e). Therefore, no po&y(e) will be issued
until the dines have been remitted to Me Suing agents
4
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
. Effective Date: 07/13/99 at 08:30 A.M.
Case No. PCT14306C2' •
. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992 Amount$ 4,110,000.00
Premium$ 7,164.00
Proposed Insured: Rate:STANDRAD
CARBONDALE AFFORDABLE HOUSING CORPORATION
(b) ALTA Loan Policy -Form 1992 Amount$ 3,225,000.00
Premium$ 100.00
Proposed Insured: Rate:COMPANION •
TO BE DETERMINED
•
Tax Certificate: $10.00
Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
ULLR LODGE INC., A COLORADO CORPORATION
. The land referred to in this Commitment is situated in the County
of PITKIN State of COLORADO and is described as follows:
LOTS K, L, M, N AND THE WEST ONE -HALF OF LOT 0,
BLOCK 30,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC. Schedule A -PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
970- 925 -1766 Provisions and Schedules
970- 925 -6527 FAX A and B are attached.
AUTHORIZED AGENT '
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with
ITEM (a) Payment to or for the account of the grantors or mortgagors;'
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Release by the Public Trustee of the,
Deed of Trust from : ANTHONY J. PERCIVAL AND FREDERICA M. PERCIVAL
to the Public Trustee of the County of PITKIN
for the use of : EARL C. SCHENNUM, JR., CAROL M. SCHENNUM AND
DEBORAH J. SCHENNUM
original amount : $740,000.00
dated : March 1, 1978
recorded : March 1, 1978 in Book 344 at Page 174
reception no. : 202214
The Beneficial interest in the above Deed of Trust was assigned to The
_ Scbennum's Company by instrument recorded March 14, 1978 in Book 344
at Page 738.
The Beneficial interest in the above Deed of Trust was assigned to
Earl C.Schennum, Jr., Carol M. Schennum and Deborah J. Fletcher by
instrument recorded February 17, 1983 in Book 440 at Page 688
An undivided 26.88% interest in the above Deed of Trust was assigned
to Earl C. Schennum, Jr., Trustee by Deborah J. Fletcher by instrument
recorded February 17, 1983 in Book 440 at Page 689. r
Release by the Public Trustee of the,
Deed of Trust from : ULLR LODGE INC., A COLORADO CORPORATION
to the Public Trustee of the County of PITKIN
for the use of : FIRST NATIONAL BANK IN ASPEN
original amount : $50,000.00
dated :January 25, 1984
recorded : March 28, 1984 in Book 463 at Page 673
reception no. : 258332
Extension Agreement recorded in connection with the above Deed of •
Trust on May 9, 1990 in Book 620 at Page 188.
. Deed, executed by the President or Vice President or other designee/
authorized by the Board of Directors of ULLR LODGE, INC. a COLORADO
Corporation
To : CARBONDALE AFFORDABLE HOUSING CORPORATION
NOTE: Corporate Seal or Facsimilie should be affixed.
. Evidence satisfactory to the Company that CARBONDALE AFFORDABLE
HOUSEING CORPORATION is a duly existing and valid corporation
existing pursuant to the laws of the State of must
be delivered to and approved by the Company.
(Continued)
•
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•
FNT
5. Deed of Trust from : CARBONDALE AFFORDABLE HOUSING CORPORATION
to the Public Trustee of the County of PITKIN
for the use of : THE LENDER TO BE INSURED HEREUNDER
to secure : $3,225,000.00
6. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No 13 (Series of 1990) has been paid or exempted. - +
7. Certificate of nonforeign status executed by the transferor(s).: (This'
instrument is not required to be recorded)
8. Evidence satisfactory to the Company that the Declaration of Sale, •
Notice to County Assessor as required by "H.B. 1288 has been complied,
with. (This instrument is not required to be recorded, but must be
• delivered to and retained by the Assessors Office in the County in
which the property is situated)
9. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
_ P.roperty in the State of Colorado. (This instrument is not required
to be recorded)
•
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T
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
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. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
-for water or sewer service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 356 & 357 providing as follows:
"That no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held
under existing laws ".
8. Mineral reservation as set forth in Deed recorded February 18, 1964
in Book 206 at Page 27. (Affects Lot N and the West one-half of Lot
0)
9. Terms, conditions, provisions and obligations as set forth in
Easement Agreement recorded December 11, 1986 in Book 524 at Page
842.
;. •
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T
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B- Section 1._
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89 -2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim ar townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and /or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
— and any others requirements to be specified by the Company upon
request, Pre - printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage ".
Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment.
This commitment is invalid unless Schedule B- Section 2
the Insuring Provisions and Schedules Commitment No. PCT14306C2
A and B are attached.
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ATTACHMENT 4
FLOOR PLANS FOR AREAS BEING MODIFIED
Ullr Lodge Minor PUD Application 19 January 6, 2000
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Schematic Design - Maid -unit conversion
November 30, 1999
ATTACHMENT 5
UNIT SUMMARY OF UPGRADES
Unit No. Type BRs Size Notes: Upgrade:
- Lower Level
1 Lodge 1 189 sf cosmetic
2 Lodge 1 189 sf cosmetic
19 2 -BR 2 520 sf Maid's Unit full remodel as 2 -BR
24 2 -BR 2 555 sf cosmetic
23 2 -BR 2 633 sf cosmetic
26 Studio 1 362 sf cosmetic
27 Storag 1 396 sf Was used as studio full remodel as 2 -BR
First Floor
3 Lodge 1 202 sf cosmetic
4 Lodge 1 200 sf cosmetic
5 Lodge 1 198 sf cosmetic
6 Lodge 1 200 sf cosmetic
— 11 1 -BR 1 404 sf cosmetic
12 2 -BR 2 669 sf cosmetic
13 1 -BR 1 398 sf cosmetic
14 1 -BR 1 396 sf cosmetic
20 2 -BR 2 818 sf bi -level cosmetic & stair imp.
21 2 -BR 2 725 sf bi -level cosmetic & stair imp.
22 2 -BR 2 780 sf bi -level cosmetic & stair imp.
23 3 -BR 3 1,905 sf bi -level remodeled into 4 units
(units 23,28,29,30 below)
Second Floor
7 Lodge 1 200 sf cosmetic
8 Lodge 1 198 sf cosmetic
9 Lodge 1 198 sf cosmetic
10 Lodge 1 198 sf cosmetic
15 1 -BR 1 404 sf cosmetic
16 2 -BR 2 674 sf cosmetic
17 1 -BR 1 400 sf cosmetic
18 1 -BR 1 407 sf cosmetic
Existing Total:
27 Units BRs 37 12,418 sf area is sum of unit interiors, not gross area
New Units: (approx.) Location:
27 2 -BR 1 700 sf former Stor. /Game Rm lower level (split level)
23 1 -BR 0 500 sf H/C acessible first floor
28 1 -BR 0 400 sf first floor
29 2 -BR 1 500 sf second floor
30 2 -BR 2 500 sf second floor
New Total:
30 Units BRs 41 12,717 sf area is sum of unit interiors, not gross area
Ullr Lodge Minor PUD Application 20 January 6, 2000
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ATTACHMENT 6
ADJACENT PROPERTY OWNER LIST
UIIr Lodge Minor PUD Application 21 January 6, 2000
<RUIDENIER DAVID & ELIZABETH S CITY OF ASPEN MANCLARK DARLEEN
3409 SOUTHERN HILLS DR 130 S GALENA ST 313 BAY FRONT
DES MOINES IA 50321 ASPEN CO 81611 BALBOA ISLAND CA 92662
HAYES MARY E LEBLANC SHERIE MATILDA OLSHAN BURTON D 1/2
105 PTARMIGAN OLSHAN KATHLEEN W 1/2
209 E BLEEKER ST 5408 OLD LEEDS RD
ASPEN CO 81611 BASALT CO 81621 BIRMINGHAM AL 35210
rOMCICH WILLIAM WOOD HELENA ASPEN MTN RESCUE
'0 BOX 1498
C/O AMBIANCE LTD 630 W MAIN ST •
ASPEN CO 81612 -1498 1548 SLOCUM ST ASPEN CO 81611
DALLAS TX 75207 -3615
DUN$DON S MICHAELE
(OUNG DONALD L RUDOLPH RICHARD E BORKENHAGEN DAVID A
317 W MAIN ST PO BOX 3080 PO BOX 2225
\SPEN CO 81611 CAREFREE AZ 85377 ASPEN CO 81612
UHROM ROBERT & PHYLISS 1/2 INT IGLEHART JIM IGLEHART JIM
rHROM DOUGLAS 1/2 INT . W MAIN ST 610 W HALLAM ST •
317 W MAIN ST ASPEN CO 81611 ASPEN CO 81611
ASPEN CO 81611
KLEIN DEBBIE HAISFIELD MICHAEL DOUGLAS &
COELLE ALICE A COLORADO CORPORATION HAISFIELD LISA YERKE
)0 BOX 2871 546 MCSKIMMING RD 435 W MAIN ST
\SPEN CO 81612 ASPEN CO 81611 ASPEN CO 81611
\SPEN HISTORICAL SOCIETY NATIONWIDE THEATRES CITY OF ASPEN
320 W BLEEKER ST CORPORATION 130 S GALENA ST
\SPEN CO 81611 A CALIFORNIA CORPORATION ASPEN CO 81611
120 N ROBERTSON BLVD
LOS ANGELES CA 90048
IILLMAN DORA B TRUST FISCHER SISTIE HILLMAN TATNALL LEA
04 W BLEEKER 442 W BLEEKER 504 W BLEEKER ST
SPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611
=LD ANNE S SMALL AND LARGE FRIES LLC FERGUS ELIZABETH DAWSON
'00 PACIFIC AVE STE 4100 1265 MOUNTAIN VIEW PO BOX 1515
ALLAS TX 75201 ASPEN CO 81611 ASPEN CO 81612
\ILEY RYAN 1994 TRUST 50% BAILEY RYAN 1994 TRUST 50%
LEVIN WILLIAM A REV LIVING TRUST
O JANUS CAPITAL C/O JANUS CAPITAL 1 PENN PLZ STE 725
:0 E COOPER 620E COOPER NEW YORK NY 10119 -0799
'PEN CO 81611 ASPEN CO 81611
MAC DONALD BETTE S TRUST CROCKETT ANN R TRUSTEE OF THE STRANDBERG JOHN J & JANE T
15 BLACKMER RD PRICE LIVING TRUST 2510 GRAND AVE APT 2403
ENGLEWOOD CO 80110 10898 MORA DR KANSAS CITY MO 64108
LOS ALTOS HILLS CA 94024
ULLR LODGE INC ILGEN EILEEN L & JACK D & ELOISE RANKIN CONSULTING LLC
A COLORADO CORPORATION ILGEN IN JOINT TENANCY 336 VINE ST
520 W MAIN ST 518 W MAIN ST ASPEN CO 81611
ASPEN CO 81611 ASPEN CO 81611
BECK GLENN A BERR LLC VIEIRA LINDA 50% INTEREST
PO BOX 1102 611 W MAIN ST HALL TERESA 50% INTEREST
VICTORVILLE CA 92392 ASPEN CO 81611 605 W MAIN ST
ASPEN CO 81611
VIEIRA LINDA 50% INTEREST TRUST CO NA TRUSTEE
HALL TERESA 50% INTEREST VERLEGER MARGARET B & PHILIP K JR C/O NATIONAL CITY BANK ATTN CE
605 W MAIN ST 105 MATTISON DR WIGHTON
ASPEN CO 81611 CONCORD MA 01742-4138 155E BROAD ST 5TH FLOOR
COLUMBUS OH 43251
501 WEST MAIN LLC CUNNINGHAM INVESTMENT CO INC AOYAMA TETSUJI AKIKO
408 AABC #202 605 W MAIN ST
6105 NE KESWICK
ASPEN CO 81611 ASPEN CO 81611 6105 NE WA 98105
DR
SEATTLE WA 98105
OSULLIVAN MIKE & LISA MADSEN MARTHA W ALH HOLDING COMPANY GUNNISON
A COLORADO CORPORATION
PO BOX 4476 608 W HOPKINS AVE APT 9
435 W MAIN ST
ASPEN CO 81612 ASPEN CO 81611
ASPEN CO 81611
BOOMERANG LTD
500 W HOPKINS AVE
ASPEN CO 81611
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